EIA_2050 FSL LPG ESIA STUDY REPORT_sr 2840-min

ENVIRONMENTAL SOCIAL IMPACT ASSESSMENT (ESIA) REPORT
FOR THE PROPOSED CONSTRUCTION OF LPG COMMON USER FACILITY

BY FOSSIL SUPPLIES LIMITED AT CHANGAMWE, MOMBASA COUNTY
REPORT PREPARED FOR:

Proponent: Fossil Supplies Limited
P. O. Box 87126 - 80100
Mombasa
Email Address: info@fossilfuels.co.ke
REPORT PREPARED BY:

Ezekiel Olukohe – Lead Expert
EIA/EA License Reg. No 8379
P. O. Box 16633 - 80100
Mombasa
Email Address: olukohe2000@yahoo.com
December, 2022
i
ACKNOWLEDGEMENT
The experts are grateful to Fossil Supplies Limited (FSL) herein referred to as the proponent for
the opportunity offered to carry out this assessment study for the Proposed Liquefied Petroleum
Gas Facility in accordance with Section 58 of the Environmental Management and Co-ordination
Act (EMCA) Cap 387 and Legal Notice No.8. We are also very grateful for the support accorded
during the field and site reconnaissance, timely availing of the necessary required resources on
the project which were important for the conclusion of this study process. We also appreciate the
project neighboring residents who participated in the entire study process through filling of set
questionnaires, interviews, and discussions based on the study objectives, and who volunteered
the necessary information. We also wish to thank all the stakeholders including National and
County officials who participated in the Public Participation forums. Finally, we thank the staff
from Fossil Supplies Limited who participated in the study process that enabled us carry out this
exercise successfully.
ii
iii
EXECUTIVE SUMMARY
Fossil Supplies Limited, herein referred to as the proponent, proposes to construct a Liquefied
Petroleum Gas (LPG) Common User Facility located on coordinates Latitude 4° 0’ 39.58092” S
and Longitude 39° 37’ 0.4926” E within Changamwe in Mombasa County on a leased Kenya
Railways Corporation (KRC) land. The proposed site is approximately 3.5 acres. The site is
located at approximately 4 Km North of the Port of Mombasa and about 3 Km from the hub of
Moi International Airport, Mombasa. The area hosts other oil terminals such as KPC Depot and
Kenya Petroleum Refineries Limited (KPRL). Abutting the plot to the North East is Transpares
Limited, to the West is APM (Great Lakes Port Limited) Container terminal and KPRL to the
South.
The LPG Facility, being a common user will enable the oil marketers an alternative for
importation and supply of liquefied petroleum gas at competitive price to the end users. This will
also fulfill the Government’s blue print of increasing the per capita consumption of liquefied
petroleum gas to 15 Kilogram from the current consumption of less than 4.5 Kilogram. Therefore,
the project primarily entails establishing liquefied petroleum gas depot for storage and loading
facility for LPG Dealers.
In summary, the proposed project will cost approximately USD 16,000,000 and will involve
construction of the following components: -
• A storage area with four Mounded Bullet Tanks of 3,000m³ each giving a total capacity
of 12,000 m³ equivalent to about 6,000 MT
• Fire Water Tank 2,500 m³ along with the required Foam compound.
• Fixed internal and external firefighting facilities
• Pumping station with pumps, compressors and odorizing system
• 4 Truck loading gantries
• With a future expansion provision for incorporating Rail Transport Cargo (RTC)
loading/unloading area, with capacity for 6 wagons
• Fire and gas leak detection alarm systems
• Compressed air network for motorized valves
• Administrative, operations, firewater pumps and utilities buildings
• Truck parking zone.
• Secure high perimeter wall fence including CCTV with access control at all entry and exit
points
• Security / flood-lighting system
iv
The operation phase of the project will include the following activities
• Receiving LPG via a pipeline whose tie in point will be at an existing pipeline along the
refinery road.
• Storage of LPG in the 4 mounded bullet tanks.
• Trucks and Rail wagons loading
• Facility maintenance activities
• Safety, fire protection and emergency response
• Traffic Management
Project Objectives
To design and implement a safe, environmentally sound, structurally and reliable LPG facility.
The entire system has been studied with respect to reliability of design, state of the art control
philosophy with intrinsic process safety considerations. Further, compliance of external safety
measures like Pressure Relief System, Fire Fighting System, and Gas detectors have also been
reviewed with respect to statutory guidelines, standards, codes of practice and best practices.
The safety of the facility will be enhanced by use of Mounded bullets which provide intrinsically
passive, safe environment & eradicates the possibility of Boiling Liquid Expanding Vapor
Explosion (BLEVE)
The proposed development project is in line with the Vision 2030’s Economic and Social
development pillars that puts emphasis on the industrial sector and the general infrastructure
provision as the driving force of the country growth into the middle-class level important for the
envisioned development and employment creation. The 2010 Constitution of Kenya calls for a
sustainable development in an enabling environment to be created and enjoyed by all Kenyans to
which job creation is pivotal. It also calls for economic growth through investments including but
not limited to private investments to help achieve economic growth to which this proposed
development falls under.
The Project benefits during the implementation of its key phases of designing, planning,
construction, operational and decommissioning will include the following: -
• Creation of employment opportunities
• Provide clean and environmentally friendly energy source
• Promote the economic growth through creation of enhanced businesses opportunities
• Generate revenue to the county and national governments
v
• Contribute to the industrial growth as envisioned in the Vision 2030 development plan for
a middle level development nation
• Opening up the local areas for future sustainable development and economic growth
• Supporting the local communities through initiated Community Social Responsibility
projects (CSR) aimed at alleviating poverty and addressing community needs and
economic development
• Improving the income earning capacities of the local people thereby improving their social
and economic lives
• Conserving and managing the environment sustainably and promoting environmentally
friendly development in coexistence with the natural environment integrated throughout
its environmentally sustainable designs.
Project Activities
The main project activities will include excavation (earthworks) of the proposed site, construction
of pump shed, compressor and control rooms, office block, washrooms, among other facilities.
The project activities will have minimal environmental impacts of vegetation loss as a result of
minimal vegetation clearance, dust emission (air pollution) during earthworks like excavation,
noise pollution from machines, vehicles, equipment movement and other noise emitting
construction activities and minimal water pollution due to excavation works, heavy machinery
movements and liquid wastes originating from within the site, interruption of utility services like
water pipeline connections within the area, solid waste build up, change of the area’s aesthetic
composition, air pollution, public accident and injuries, and traffic snarl ups along the area access
roads, among other notable impacts.
The project proponent and contractor are expected to employ the following mitigation measures
to ensure that these impacts are fully mitigated, revegetating the areas where landscape has been
altered and vegetation interfered with, water sprinkling and use of dust nets to help minimize air
pollution and other gaseous emissions, provision of ear muffs and ensuring regular servicing and
maintenance of the site machineries, plants and equipment for minimal noise production,
deployment of traffic marshals to control traffic flow in the affected road sections, prior relocation
of the affected utility services within the area, and ensuring proper signage and public awareness
creation among the people to ensure public safety, among other measures.
The proposed project is expected to commence upon obtaining all statutory approvals which
include but not limited to NEMA, EPRA, NCA, KENHA and County approvals.
vi
ESIA Methodology
The ESIA process was based mainly on past literature review, extensive desktop study,
conduction of Public Participation meetings with key project stakeholders, and field
reconnaissance; key informants’ interview and questionnaire surveys, Review of relevant
policies, laws, regulations, legal and institutional frameworks regarding air, water and
environment, drafting of an Environmental and Social Management and Monitoring Plan
(ESMMP) encompassing all project phases and factors.
Legal, Regulatory and Legislative Frameworks

The following are applicable to the proposed project:
• The Constitution of Kenya, 2010
• Kenya Vision 2030
• Policy Framework
• National Energy and Petroleum Policy 2015
• National Environmental Policy, 2013
• National Gender Policy (2011)
• Occupational Safety and Health Policy (2012)
• Workplace Policy on HIV/AIDS (2007)
• National Environment Action Plan (NEAP) 2007
• National Climate Change Action Plan (NCCAP) 2018-2022
• The Petroleum Act, 2019 and the subsidiary legislations
• The Energy Act 2019
• County Governments Act, 2012
• Physical and Land Use Planning Act, 2019
• Environment Management and Coordination Act, 1999 and the subsidiary legislations
• The Occupational Safety and Health Act (OSHA), 2007 and the subsidiary legislations
• The Water Act 2016
• Public Health Act (Cap. 242)
• People Living with Disability Act, 2012
• The Sexual Offences Act, 2014
• The HIV And AIDS Prevention and Control Act, 2006
• Occupiers Liability Act (Cap. 34)
• Children Act No. 8 of 2001
• The Employment Act, 2007
vii
• Cities and Urban Areas Act 2012
• Public Roads and Roads of Access Act, Revised 2012 (Cap 399)
• The Kenya Roads Act, 2007
• International Conventions, Treaties and Agreements
• The African Charter on Human and Peoples Rights
• International Covenant on Economic, Social and Cultural rights, 1966 and International
• Covenant on Civil and Political Rights 1966.
• International Finance Corporation (IFC) General Environment, Health and Safety (EHS)
Guidelines
• IFC Performance Standards for Environmental and Social sustainability
• Performance Standard 1: Assessment and Management of Environmental and Social Risks
and Impacts.
• Performance Standard 2: Labour and Working Conditions.
• Performance Standard 3: Resource Efficiency and Pollution Prevention
• Performance Standard 4: Community Health, Safety, and Security.
viii
Project Alternatives
Alternative Remarks
Location The project site was selected based on the following
Alternatives • The land is already leased to FSL by Kenya Railways. Therefore, there
will be no land acquisition processes leading to displacement of people
and their livelihood.
• The available land is prime for such projects which is currently under
utilized
• The location is zoned as an industrial area with established petroleum
oil facilities and the operation of the proposed project can mutually
benefit from the existence of the other facilities.
• The location is served by a nearby LPG pipeline from which tie point
will be installed.
Technology The bulk storage considered the following alternatives

Alternatives • Bullet tanks alternative - the alternative would have resulted to terminal
with less than 60% of the planned capacity. The option also posed
greater fire and explosion risk with potential of affecting other
neighboring facilities.
• Mounded Bullet tanks - The alternative had less fire and explosion risk
and required less safety distance; hence this was preferred.
Design and Design alternatives for the proposed project were considered in the
Layout decision analysis where various layouts for the mounded bullet tanks and
Alternatives loading facilities were considered. Fossil Supplies Limited have engaged
an experienced consortium of engineers to undertake the Front-End
Engineering Design (FEED) for the proposed project with a storage
capacity of 12,000m³ comprising of 4 mounded bullet tanks with Truck /
Rail Wagon loading facilities.
Delivery The following pipeline alternatives were considered

Pipeline • Pipeline route from SOT manifold utilizing Port Road reserve to
Alternatives Changamwe round about to KPRL then to the project site was dropped
because it was longer, unsafe and there was no existing ROW.
• Route from KPRL to the project site abandoned due to its longer and
also the ROW acquisition challenges
• Direct tie in at existing KPRL/KPC LPG pipeline along Refinery Road
was considered. The alternative consists of an existing ROW with an
LPG and multi product pipeline.
Do Nothing The ‘do-nothing’ alternative is the option of not establishing the proposed
Alternatives LPG Facility at the identified site at Changamwe, Mombasa. This
alternative would result in no environmental and social impacts in the
project area. The ‘do-nothing’ alternative will not assist the Kenyan
Government in reaching its targets for use of LPG as a source of Energy.
Subsequently, the do-nothing alternative is not a preferred alternative and
has not been assessed in this ESIA
ix
Summary of the Stakeholder Engagement Plan
The following table is a summary of the views of various Stakeholders during the ESIA Public
Consultation.
Subject Stakeholder Issue Response

Community EPRA, Whether the -The mounded technology
Health and Mikindani mounded LPG proposed by FSL is one of the
Safety Chief bullet storage safest and has been used in
tanks will ensure developed countries
that residents are - The bullet tanks holding LPG
safe from inhaled will be encased in a concrete
gas and in the wall with sand surrounding the
event of an immediate metallic tank.
explosion and - In the event of fire, the bullet
safe domestic use tanks, being protected by 1m of
of LPG sand and armored concrete
sarcophagus eliminate any risk
of implosion or fire, thereby
limiting any possibility of fire
outbreaks to the nearest tanks,
communities, and business
establishments
- The mounding technology
allows for reduced safety
distance (the distance between 2
tanks) hence the proponent is
able to utilize a small piece of
land to construct tanks with
larger storage capacities as
compared to the bullet
technology.
-PIEA will be engaged to
sensitize the community on safe
domestic use of LPG
Employment Women, Whether the The proponent is committed in

Youths, PWDs Proponent will ensuring effective local content
Leaders and employ locals. in terms of sourcing of skilled,
MCAs semiskilled and unskilled labour
throughout all the project
phases.
Corporate Social Deputy Request for water, CSR activities will be as per the
Responsibility County Health Centre and Company Policies and will be
(CSR) Commissioner education facility determined in consultation with
Office, for Changamwe community members and will
Women, residents take into account the greatest
Youths, PWDs area of challenge to the people.
Leaders
x
Traffic and KR, EPRA, Whether there is a • The contractors will undertake
movement County plan to manage public awareness programs in
patterns Administratio traffic that will consultations with the
n result from community to identify areas of
construction particular risk and approaches to
activities reduce risk. This is expected to
include awareness programs
along roads leading to the site
targeting frequent users on
traffic dangers.
• The Project Contractor will
develop a Traffic management
plan for the construction phase
of the project
• The contractor will prepare a
detailed plan for signage along
the Construction Area to
facilitate traffic movement,
provide directions to various
components of the Works, and
provide safety signages
Skill MCAs, and Whether there •The setting up of the LPG plant
Enhancement Changamwe will be skill will require highly skilled,
Chiefs enhancement at skilled, semi- skilled and
the LPG facility unskilled labour. The unskilled
to enable the have to be supervised by the
employees secure skilled personnel, however, the
jobs in similar unskilled will be presented with
developments an opportunity to learn from the
once the plant has skilled as they work together.
been • The proponent will train LPG
decommissioned operators on plant operation and
safety as outlined in their
program
Contractor Community How the • The Construction activities

Management leaders proponent will will be managed by a HSE
manage the Officer to ensure
Contractor and recommendations made in
ensure they honor the ESIA are implemented
the agreements by the Contractor.
especially with
the local Additionally, the Proponent will
communities and hire a Community Liaison
residents Officer from the community
who will handle grievances
related to the project and ensure
that they are addressed
appropriately.
xi
Impact on Air Community How the dust • The contractor will implement
Quality Leaders generated from dust suppression measures
construction will including, sprinkling water,
be managed undertaking excavation works
when its less windy, use of
signage, dust traps and speed
reduction as appropriate and
applicable.
• The contractor will regularly
engage the neighboring
business establishments
whenever activities that are
likely to cause nuisance or
disturbance are planned.
Quantitative Risk Assessment (QRA)

The methodology for QRA included identification of the major hazards, a cause analysis, a
consequence analysis and an estimation of the individual risks and societal risk. This was followed
by comparing the risks with international criteria for acceptability and by reviewing suitability of
emergency measures and organizational aspects.
Finally, measures were proposed to reduce or eliminate the risk, where not tolerable. The hazards
that were identified as potentially serious were the release of LPG from the bursting of pipes,
vessels, loading arms and hoses. BLEVE would result in fires and explosions with serious effects
extending some distance across the site boundary. Through the QRA, it was confirmed that the
combined individual risks (for employees and for the public) are tolerable. Societal risks are low
and can also be regarded as tolerable. Risks that are tolerable should be reduced where practical
and cost effective; otherwise, it may be accepted as “as low as reasonably practicable” (ALARP)
xii
Potential Positive Impacts of The Proposed Project Facility
The proposed project will have positive impacts to the society and the general environment.
Some of the benefits include the following: -
1. Provision of a convenient LPG Common User Facility.
2. It will optimize use of the land; hence increasing its utility.
3. Increase economic investment hence increases in wealth which will translate in
Government revenue increase.
4. The proponent will enjoy income generated through sale of products.
5. The project will also provide employment during both construction and operation phases.
6. It will create a market for goods and services, especially construction inputs which include
raw materials, construction machinery.
7. Many secondary businesses are also likely to spring up during the operation phase
especially those providing foods and beverages to the workers.
8. Increased competition for the provision of LPG, which might encourage price incentives
by vendors leading to lower pricing of the products as well as increased quality of offered
service.
Potential Negative Environmental Impacts of The Proposed Project Facility

The anticipated impacts during the project`s entire cycle namely, construction, operation and
decommissioning phase include: -
1. Occupational accidents and diseases
2. Fire outbreaks
3. Increase in vehicular traffic in the area both from construction vehicles as well as during
operational phase of the facility
4. Land degradation and contamination
5. Air pollution
6. Noise pollution during construction
7. Contamination of water resources
8. Solid and liquid waste generation
9. Dust nuisance during construction phase of the project
10. Vegetation loss
11. Increased demand for water and Electricity Supply To The Area
12. Impacts Of Solid Waste From The Proposed Lpg Plant
13. Impacts Of Sewage From The Proposed Lpg Plant
xiii
Proposed Mitigation Measures for The Likely Impacts
Aspect Expected Gross Recommended mitigation measures Residual

Impacts Rating Rating
Air pollution Generation of Medium • Developing a site-specific air Low
dust during Negative quality pollution prevention plan Negative
site clearance, based on IFC PS 3, L.N 34 of
excavation, EMCA 1999 and on the finding of
back filling impacts assessment of the ESIA
and hauling report.
operations • Construction site and transport-
along with tation routes to be water sprayed on
transportation dry and windy days, especially if
activities near sensitive receptors
• Haulage trucks to be covered.
Emission of • Use of well-maintained equipment
VOCs to minimize the emissions during
construction
• Adherence to existing laws and
regulations including L.N 34:
Environment Management and
Coordination (Air Quality)
Regulations, 2014
Soil Contamination Medium • Ensuring that the site has Low

Degradation of soil due Negative adequate sanitary waste disposal Negative
poor waste facilities and waste bins
management • Storing Waste/used oil generated
and through from generators and construction
accidental machinery and equipment on
spills of oil as paved surface in a secure location
a result of at the project site.
field refueling, • The waste oil to be handled by
onsite storage licensed waste handler at
of fuel/oil and frequent intervals.
fugitive spills • Controlling and reducing at
due to leaks source the production of wastes
and hazardous waste
Coordination (Waste Management)
Regulations, 2006
xiv
Water Contamination Medium • Earthworks shall be halted when rain Low
Quality of the surface Negative conditions are such that excessive Negative
runoff from erosion and silt loaded run-off can be
expected.
the site due to • The construction programme will
poor waste avoid excessive exposure of bare
management, earth surfaces which may be more
fugitive spills prone to erosion.
on the soils • If appropriate, settlement lagoons to
be used to allow silts to be retained
and soils
prior to discharge of run-off to the
contaminated existing drainage channels or direct to
by sea (through the rock revetment)
construction • Consideration will be given to
chemicals. undertaking routine maintenance of
Contamination plant and vehicles off-site in a
properly equipped cabro workshop
of subsurface with oil interceptors.
water due to • Avoidance of water accumulation and
poor stagnation
management • Existing drainage channels to be
of sanitary cleared of silt / debris and trash
screens installed if appropriate.
waste
Coordination (Waste Management)
Regulations, 2006
Public Safety Fire and High • Engage contractors with a well- Medium
Explosion Negative developed EHS management system Negative
and with reputable experience in Oil
and Gas.
• Ensure that all the construction
activities are well planned, the
potential fire hazards identified and
managed before undertaking the
activities at the site through well
supervised Permit to Work (PTW)
system.
• Monitoring the presence of petroleum
fumes before undertaking the hot
work processes along the ROW and
within the tank farm area
• All the activities along the ROW will
be effectively coordinated to ensure
evacuation of the product from the
pipeline when high risk activities like
welding are being undertaken. The
team will be in a position to activate
mutual ERP in case of any emergency
during construction.
xv
Traffic Increased Medium • Creating and implementing Low
traffic leading Negative awareness programs along roads Negative
to traffic leading to the site targeting frequent
accidents and users on traffic dangers.
• Developing and implementing traffic
congestion management plan for the
construction phase of the project to
control the number of trucks visiting
the site and ensure safety
• Use of signage along the
construction area to facilitate traffic
movement, provide directions to
various components of the works,
and provide safety advice and
warnings.
• The Contractor should provide
temporary road signs and notices to
indicate ongoing works;
• The site Engineer and Contractor
should choose traffic routes to reduce
the impact in the neighborhood
avoiding, as far as practical any
sensitive areas;
• The site Engineer and the contractor
should ensure that traffic calming
and speed control measures are put in
place in consultation with the
relevant authorities e.g., Traffic
Police and Mombasa County Traffic
Officer.
The contractor should:
• Introduce segregated pedestrian
walkways;
• Ensure there is reduced need for
reversing vehicles, by introducing a
one-way system;
• Use a qualified banksman to control
deliveries and reversing vehicles;
• Clearly designate loading/off-
loading areas.
• The Project Contractor will regularly
inspect the access roads conditions
and whenever necessary, promptly
repair damages related to
construction traffic
• Abnormal loads will be timed to
avoid times when traffic volumes are
likely to be higher e.g., start and end
of school holidays, long weekends
xvi
Waste -Soil pollution Low • The project will be designed to Low
Management from sanitary Negative effectively drain the Negative
waste -Release uncontaminated surface run-off
of the LPG from the site to the existing storm
during water drains and to connect the
operation - facility to the to the proposed sewer
system for Mombasa.
Generation of
• Should the sewer system not be
the dust by the
available during the operation of
trucks visiting the project, a septic tank system
the site during will be installed to manage the
operation sanitary waste.
• FSL will develop and implement a
site-specific waste management
plan based on IFC PS3 and LN 120
and LN 121 of EMCA.
Business and Availability of Low • Promote the local suppliers in order Medium
investment business and Positive to boost their financial base; Positive
opportunities investment • Inform the community in advance
opportunity of the required materials and
supplies needed and that meet the
required specification
Skills Transfer of Low • Initiate a capacity building program High

Development skills Positive affordable to the local communities Positive
to enable them to benefit from the
available economic opportunities
• Communicate the skill
requirements to the local
community prior to construction
and operational phases through
easily accessible mediums such as
community liaison officers,
community noticeboards, local
radio etc.
Energy Energy Usage Low • Ensure that all lighting system are Low
Negative switched off when not in use Negative
• Install energy saving bulbs
• Design the office infrastructure to
maximize the use of natural light.
• Install metering system for
monitoring.
• Carry out facility energy audit
xvii
Effluent Effluent Medium • All human waste water to be Low
Management Negative channeled into the sewer line Negative
• Install Oil Water Separator
• Routine checkups and monitoring
of the drainage system to avoid
leakages and blockages.
• Construction of separate storm
water and waste water drain.
• Implementing a system for the
proper metering and measurement
of water use to enable proper
performance review and
management.
Noise Excess Noise Medium • Establish means for the public to Low
Pollution and Vibrations Negative contact the engineer-in-charge (i.e., Negative
provide telephone number, email,
etc.) and methods to handle
complaints.
• The use of hearing protection gear
by workers when exposed to noise
levels above 85 dB (A).
• The contractor to ensure that noise
& excessive vibration from
construction activities are within
permissible levels as per the
provision of the Environmental
Management and Coordination
(Noise and Excessive Vibration
Pollution) (Control) Regulations,
2009. This includes among others
adhering to permissible noise and
vibration level.
• Construction work should strictly
be undertaken as per EIA license
conditions
• Use of well-maintained
machineries with minimal noise
emissions
xviii
Fire Fire Control High • Fire extinguishers to be placed at Low
Negative strategic positions negative
• Escape routes to be provided.
• Servicing of fire extinguishers as are
necessary. Always inspect
electricals.
• Installation of a diesel engine driven
fire pump and associated systems
• Provide firefighting water storage
tank with connected water network
and firefighting nozzles
• Provide a high-performance fire
resistance wall
Incidents and Occupational Medium • Monthly fire drills shall be Low
Diseases Incidents and Negative undertaken to test the response of the Negative
Diseases involved stakeholders;
• Conduct statutory assessments i.e.,
risk, fire safety audit and
Occupational Safety and Health
audits annually through licensed
advisors and auditors
• Conduct statutory trainings under
OSHA, 2007 and Rules under it. i.e.,
basic first aid, fire safety training,
and Occupational Safety and Health
committee training through
approved training institutions
• Provide adequate lighting.
• Provision of firefighting equipment
in strategic and well labelled areas;
• Train workers on safe work
practices, provide appropriate PPE;
• Enforcement of use of PPE
• Restriction of access to high-risk
areas to authorized
Gender Gender Medium • Ensure equal employment Low
Inequality Negative opportunity for both men and women Negative
• Expose and involve women in
construction activities where
possible in an effort to transfer
required skills.
• Involve women groups in activities
that they are good at such as
landscaping
• Enhance gender sensitivity and
reduce gender discrimination in any
activities.
xix
Summary Of Project Benefits
Benefit Impact
Increased Employment • Improved livelihood standards of the local people.

Opportunities • Opportunities for specialized skill development.
Availability of Affordable • Improved livelihoods.

Liquefied Petroleum Gas • Improved business activities.
• Availability of cleaner energy and positive impact on
climate
Business Growth • Economic growth – mushrooming of small-scale

businesses in the vicinity
• Opportunities for self-employment
Improved Security • Improved business environment.

• Improved individual and business safety and low crime
rates
Revenue Generation • Expansion of business and promote new developments

• Improved infrastructure (roads, water, hospitals, etc.)
Improved Local Community • Improved health.

Member’s Living Standards • National and county economic growth.
Improved Environmental • Clean source of energy.

Management and • Environmentally friendly source of energy (an
Conservation alternative to environmentally destructive ones like
charcoal).
xx
Environmental Management Plan for The Proposed LPG Common User Facility.
The EMP developed for the proposed project will ensure that environmental pollution and or
degradation does not occur as a result of implementation and operation of any of the components
of the proposed development. The EMP covers the following management plans among others: -
1. Solid waste management plan;
2. Sewage management plan;
3. Noise management plan;
4. Dust management plan; and
5. Occupational Hazards Management Plan
The project proponent and contractor will need to undertake the following to ensure the success
of the ESMP:
1. Develop and document environmental management policies that will guide
construction work and other site operations during and after implementation of the
project. These policies should address environmental conservation measures to be
put in place, occupational health and safety and handling of waste generated by the
project.
2. The project proponent to avail required finances for implementation of the EMP and
ensure adherence to the EMP by the contractor implementing the project.
3. The project contractors to adhere to the environmental management plan.
Environmental Monitoring Plan for The Proposed LPG Common User Facility.
This plan provides for both active and reactive monitoring of various environmental parameters
including:
1. Monitoring of the achievements of specific plans of the Environmental Management
Plan, performance criteria and fulfilment of objectives.
2. Systematic inspection of workplace.
3. Surveillance and monitoring of the work environment, including the organization of
work and activities involved.
4. Monitoring of worker’s safety and health.
5. Monitoring of compliance with laws, regulations and requirements.
6. Environmental conservation and related activities in the area.
7. Work related injuries, ill health (including record keeping and monitoring of
sickness/absence), disease and accidents.
8. Losses such as damage to property.
9. Deficient safety and health performance including HSEMS failures.
xxi
Decommissioning Plan for The Project.
A conceptual programme for closure of the LPG Facility is proposed as summarized:
1. Demolition waste management

All buildings, machinery, equipment, structures and partitions that will not be used for other
purposes must be removed and recycled/reused as far as possible
All foundations must be removed and recycled, reused or disposed of at a licensed disposal
site
Where recycling/reuse of the machinery, equipment, implements, structures, partitions and
other demolition waste is not possible, the materials should be taken to a licensed waste
disposal site
Donate reusable demolition waste to charitable organizations, individuals and institutions
2. Rehabilitation of proposed project site
Implement an appropriate re-vegetation programme to restore the site to its original status
Consider use of indigenous plant species adapted to geology and climate in re-vegetation
CONCLUSION
The most pertinent issues identified during the ESIA, are fire risk, traffic, labour and working
conditions impacts. The impacts due to the project range from high to low, are site specific and has
reversible impacts on the ecosystem of the project site owing to the construction and operation
activities.
A Quantitative Risk Assessment (QRA) was carried out, which is a requirement under the OSHA
2007 to implement the project.
The Proposed LPG common user facility and associated infrastructures are unlikely to result in
permanently damaging environmental and social impacts if the proposed mitigation measures
proposed in this study are adequately implemented in all phases of the project. The potential for
positive socio-economic benefits can be realized if the enhancement measures are put in place.
Based on the findings of the ESIA engagements with Lead Agencies, County Government
Departments, Local Administrations, community representatives and residents living in the project
area, there was no objection to the proposed project.
The Environmental Management Plan in this report has proposed several management measures to
mitigate identified impacts and to enhance identified positive benefits of the proposed project.
Considering the proposed project location, design and construction technology, operational
management by the proponent of the proposed common user LPG facility, the implementation of this
project is of paramount importance and beneficial not only to the proponent but also to the County
of Mombasa and the entire country at large. It is therefore our wish to recommend the project to go
on with full compliance with the requirements of the law.
xxii
TABLE OF CONTENTS
ACKNOWLEDGEMENT ii
CERTIFICATION iii
EXECUTIVE SUMMARY iv
Project Objectives v
Project Activities vi
ESIA Methodology vii
Legal, Regulatory and Legislative Frameworks vii
Project Alternatives ix
Summary of the Stakeholder Engagement Plan x
Quantitative Risk Assessment (QRA) xii
Potential Positive Impacts of The Proposed Project Facility xiii
Potential Negative Environmental Impacts of The Proposed Project Facility xiii
Proposed Mitigation Measures for The Likely Impacts xiv
Summary Of Project Benefits xx
Environmental Management Plan for The Proposed LPG Common User Facility. xxi
Environmental Monitoring Plan for The Proposed LPG Common User Facility. xxi
Decommissioning Plan for The Project. xxii
CONCLUSION xxii
TABLE OF CONTENT xxiii
LIST OF TABLES xxxii
LIST OF FIGURES xxxii
ACRONYMS xxxiii
CHAPTER ONE: INTRODUCTION
1.0 Overview of the Petroleum Sub-Sector in Kenya 1
1.0.1 Upstream 1
1.0.2 Midstream 1
1.0.3 Downstream 2
1.1 LPG Import and Storage 3
1.1.1 AGOL Facilities 3
1.1.2 SOT Facilities 3
1.1.3 New Kipevu Oil Terminal (New KOT) 4
1.2 LPG Distribution in Kenya 4
1.2.1 Road 4
1.2.2 Rail 5
1.3 Motivation for the Project 5
1.4 Project Background 7
1.4.1 Project Description and Location 8
1.5 Definition of Technical Terms 9
1.6 Project Objectives 10
1.7 Project Justification 10
1.8 Approach of the ESIA Processes 11
1.8.1 Summary of the ESIA process 11
1.9 ESIA Study Report Structure 11
1.10 ESIA Objectives 12
1.11 Scope of the Study 12
1.12 Methodology 12
1.12.1 Desktop Review 13
1.12.2 Field Study 13
xxiii
1.12.3 Data Synthesis 13
1.12.4 Reporting 13
1.13 Assumptions and Limitations 14
1.13.1 Assumptions 14
1.13.2 Limitations 14
1.13.3 Knowledge Gaps 14
1.14 Team of Experts 15
CHAPTER TWO: SITE, PROJECT DESCRIPTION, DESIGN, PROCESSES, WASTES AND
PRODUCTS
2.1 Site Location and Description 16
2.1.1 Site Location 16
2.1.2 Site Description 16
2.1.3 Study Area and Area of Influence (AoI) for the ESIA 16
2.2 Project Description 17
2.2.1 Delivery Pipeline Route 19
2.3 Project Design 20
2.3.1 Overview 20
2.3.2 Mounded Bullet 20
2.3.3 LPG – Pumps 21
2.4 LPG Basic Properties 21
2.4. 1 LPG Climatic Influencers 21
2.5 Safety Distances 22
2.5.1 Introduction 22
2.5.2 LPG Tanks 22
2.6 LPG Storage: Gas Composition 25
2.7 LPG Storage Solutions 25
2.7.1 LPG Spheres 25
2.7.2 LPG Bullets 26
2.7.2.1 Above-Ground 26
2.7.2.2 Mounded / Buried 26
2.8 Standards and Regulations 28
2.8.1 LPG Storage 28
2.8.2 Storage Tanks 28
2.8.3 Fire Fighting Systems 28
2.8.4 Electrical Installations 28
2.8.5 Piping 28
2.8.6 Liquid Petroleum Transportation Piping Systems 29
2.8.7 Construction Procedure 29
2.8.7.1 Inspection and Testing 30
2.8.7.2 Test Code 30
2.8.8 Corrosion Control 31
2.8.9 Gas Transmission and Distribution Pipeline 32
2.8.9.1 General Design Considerations 32
2.8.9.1.1 Design Criteria and Materials Specifications 32
2.8.9.1.2 Design, Construction Testing of Gas Pipeline 33
2.8.9.2 Operation and Maintenance of Gas Pipelines. 33
2.8.10 LPG Compressors 33
2.8.10.1 Air Compressor 34
xxiv
2.8.11 Metering System 34
2.8.12 Electrical Area Classification 34
2.9 Instruments 34
2.10 Safety/ Security System 35
2.10.1 Fire Water Storage 35
2.10.2 Fire Water Pumps 35
2.10.3 Fire Hydrant Network 35
2.10.4 Material Specifications 36
2.10.5 Medium Velocity Spray Sprinkler System 37
2.10.5.1 Automatic Detection System 37
2.10.6 First Aid Fire Fighting Equipment 37
2.10.6.1 Portable Fire Extinguishers 37
2.10.7 Wheeled/ Mobile Fire Fighting Equipment 37
2.10.8 Hoses, Nozzles and Accessories 38
2.10.9 Terminal Layout Drainage 38
2.10.10 Safety Distances 39
2.10.11 Fire Water System Design 39
2.10.12 Fire Alarm System 39
2.10.13 Communication System 39
2.11 Water Requirement 40
2.12 Power Requirement 40
2.13 Other Design Considerations 41
2.14 Project Construction Activities and Inputs 41
2.14.1 Inputs 42
2.15 Project proposed works 43
2.16 LPG Facility Site Requirements 44
2.16.1 Location 44
2.16.2 Accessibility 44
2.16.3 Concept Design Pipe Line from Mombasa Port to Storage Tanks 44
2.17 Natural Condition for Design 46
2.17.1 Wind 46
2.17.2 Temperature 46
2.17.3 Rainfall 46
2.17.4 Lighting 46
2.18 Products and by-products 46
2.18.1 Waste 47
2.18.2 Waste Management 47
2.19 Decommissioning Phase 48
2.20 Project Cost 48
CHAPTER THREE: BASELINE INFORMATION
3.1 Project Location 49
3.1.1 Site Ownership 49
3.2 Administrative Units 49
3.3 Physical Environment 50
3.3.1 Topography: 50
3.3.2 Soils: 50
3.3.3 Water Resources and Sanitation 50
3.3.4 Climate, Rainfall, Temperature and Disaster Risk Vulnerability Profile 50
3.4 Biological Environment 51
xxv
3.4.1 Flora 51
3.4.2 Fauna 51
3.4.3 Forests 51
3.5 Land Use and Zoning 51
3.6 Infrastructure 51
3.6.1 Roads, Harbour and Rail Network 51
3.6.2 Energy supply and Access 52
3.6.3 Water 52
3.6.4 Telecommunication and Postal Network 52
3.7 Socio-Economic profile 52
3.7.1 Population Size and Composition 52
3.7.2 Cooperatives, Trade, Commerce and Financial Institutions 53
3.7.3 Agriculture, Livestock and Fisheries 53
3.7.4 Education Institutions 53
3.7.5 Markets and Urban Centres 53
3.7.6 Mining 53
3.7.7 Tourism 53
3.7.8 Employment 54
3.7.9 Health 54
CHAPTER FOUR: POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK
4.1 National Legal Framework 55
4.1.1 The Constitution of Kenya, 2010 55
4.1.2 Vision 2030 56
4.2 National Policies 56
4.2.1 The National Environment Policy, 2013 56
4.2.2 National Policy on Water Resources Management and Development (Sessional Paper
56
No.1 of 1999)
4.2.3 The National Energy and Petroleum Policy 2015 57
4.2.4 Policy on Environment and Development 57
4.2.5 The Land Policy (Sessional Paper No. 3 of 2009) 57
4.2.6 The Kenya Health Policy (2012 – 2030) 58
4.2.7 The National Environmental Sanitation and Hygiene Policy, (2007) 58
4.2.8 National Gender Policy (2011) 58
4.2.9 Occupational Safety and Health Policy (2012) 58
4.2.10 Workplace Policy on HIV/AIDS (2007) 59
4.3 National Regulatory Frameworks 59
4.3.1 Environmental Management and Co-ordination Act, 1999 and Environment Management
59
and Coordination (Amendment) Act, 2015, Cap 387
4.3.2 EMCA Related Regulations 59
4.3.2.1 Environmental (Impact Assessment and Audit) Regulations, 2003 60
4.3.2.2 EMCA (Water Quality) Regulations, 2006 60
4.3.2.3 EMCA (Waste management) Regulations, 2006 61
4.3.2.4 EMCA (Noise and Excessive Vibration Pollution Control) Regulations, 2009 62
4.3.2.5 EMCA (Air Quality) Regulations, 2013 62
4.3.2.6 Legal Notice 150 Of 2016 Replacement of the Second Schedule of EMCA 62
4.3.2.7 Environmental Management and Coordination (Wetlands, River Banks, Lake Shores
62
and Sea Shore Management) Regulation, 2009
4.3.3 Other Environment, health and safety, physical planning related laws 63
xxvi
4.3.3.1 Water Act, 2016 63
4.3.3.2 The Penal Code CAP 63 64
4.3.3.3 Occupational Health and Safety Act No.15 of 2007 and the 2007 Subsidiary legislation
64
(Cap 514)
4.3.3.4 The Work Injury Benefits Act (WIBA), 2007 66
4.3.3.5 The Public Health Act Cap 242 67
4.3.3.6 The Land and Environment Court 67
4.3.3.7 The County Council Act Cap 265 67
4.3.3.8 The Mombasa County Council By-Laws 67
4.3.3.9 The Physical Planning Act of 1996 CAP 286 68
4.3.3.10 Traffic Act Cap. 403 68
4.3.3.11 Building Code 2000 69
4.3.3.12 Energy Act 69
4.3.3.13 Weights and Measures Act, Cap 513 69
4.3.3.14 Merchant Shipping Act, 2009 69
4.3.3.15 Climate Change Act, 2016 69
4.3.3.16 The Petroleum Act, 2019 70
4.3.3.17 The Employment Act, 2007 72
4.3.3.18 People Living with Disability Act, 2012 72
4.3.3.19 The Sexual Offences Act, 2014 73
4.3.3.20 The HIV And AIDS Prevention and Control Act, 2006 73
4.3.3.21 Cities and Urban Areas Act 2012 73
4.3.3.22 Public Roads and Roads of Access Act, Revised 2012 (Cap 399) 74
4.3.3.23 The Kenya Roads Act, 2007 74
4.3.3.24 Children Act No. 8 of 2001 74
4.3.3.25 Lands Act, 2012 No. 6 of 2012 74
4.3.4 Kenya Standards 75
4.4 International Environmental and Social Impact Provisions and Safeguards 77
4.4.1 International Environmental Guidelines 77
4.4.2 International Conventions, Treaties and Agreements 77
4.4.3 World Bank’s Safeguard Policies 77
4.4.4 Petroleum Industry Guidelines 79
4.4.5 Identified Applicable Performance Standards, January 2012 80
4.4.6 The International Code for the Security of Ships and Of Port Facilities 80
4.4.7 The World Bank Group’s Environmental, Health and Safety (EHS) Guidelines 80
4.4.8 Bamako Convention on the Ban of the Import into Africa and the Control of
80
Transboundary Movement and Management of Hazardous Wastes within Africa, 1991
4.4.9 World Bank Safeguard Policy BP 17.50- Public Disclosure 81
4.5 IFC Performance Standards 81
4.5.1 Performance Standard 1(PS 1): Assessment and Management of Environmental and
81
Social Risks and Impacts.
4.5.2 Performance Standard 2: Labour and Working Conditions. 86
4.5.3 Performance Standard 3: Resource Efficiency and Pollution Prevention 88
4.5.4 Performance Standard 4: Community Health, Safety, and Security. 89
4.6 National Institutional Framework 90
4.6.1 National Environment and Management Authority 90
CHAPTER FIVE: PUBLIC CONSULTATION AND PARTICIPATION
xxvii
5.1 Objectives of Public Consultation and Participation 91
5.2 Methodology 91
5.2.1 Site Reconnaissance 91
5.2.2 Findings 91
5.3 Questionnaire Administration 92
5.4 Requirements of Stakeholder Consultation 92
5.4.1 International Requirements 93
5.4.1.1 Stakeholder Analysis and Engagement Plan 93
5.4.1.2 Consultation and Participation 94
5.4.1.3 Grievance Redress Mechanism 94
5.4.1.4 Ongoing Reporting to Affected Communities 94
5.4.2 Stakeholder Identification and Mapping 94
5.5 Public Consultations 95
5.6 Stakeholder Engagement Activities 96
5.6.1 Preliminary Consultations 96
5.6.2 Public Baraza Meetings 97
5.6.2 Overview of the Stakeholder Engagement Plan during the ESIA 98
5.6.3 Focus Group Discussion 102
5.6.4 One on One Meetings 103
CHAPTER SIX: ENVIRONMENTAL AND SOCIAL IMPACTS AND THEIR MITIGATIONS
6.1 Introduction 107
6.2 Construction Phase Impacts 107
6.2.1 Geology and Physiographic Impacts 107
6.2.2 Soil Erosion and Pollution 107
6.2.3 Delivery of LPG Vessels by Sea 108
6.2.4 Noise and vibration 108
6.2.5 Air quality 109
6.2.6 Water Usage 110
6.2.7 Energy Usage 110
6.2.8 Road Traffic 111
6.2.9 Impacts on Terrestrial Biodiversity 111
6.2.10 Water Quality 112
6.2.11 Solid Waste 113
6.2.12 Foul Smell 113
6.2.13 Landscape and Visual Environment 114
6.2.14 Occupational Accidents 114
6.2.15 Employment opportunities 115
6.2.16 Impacts on Security 115
6.2.17 Income Generation among Suppliers 115
6.2.18 Increased STDs and HIV/AIDS Cases 116
6.2.19 Informal Business Growth 116
6.2.20 Impact on Surrounding Social Facilities 116
6.3 Operational Phase Impacts 116
6.3.1 Soil Erosion 117
6.3.2 Marine and Aquatic Environment 117
6.3.3 Noise 118
6.3.4 Air Quality 118
6.3.5 Water Usage 119
6.3.6 Energy usage 119
xxviii
6.3.7 Road Traffic 120
6.3.8 Marine Traffic 120
6.3.9 Water Quality 121
6.3.10 Generation of Solid Waste 121
6.3.11 Generation of Foul Effluents 122
6.3.12 Terrestrial Biodiversity 122
6.3.13 Occupational Health and Safety 123
6.3.14 Fire Prevention and Management 124
6.3.15 Fire Fighting 125
6.3.16 Portable Fire Fighting Equipment 125
6.3.17 Maintenance and Inspection 126
6.3.18 Evacuation Routes 126
6.3.19 Emergency Preparedness and Response 126
6.3.20 Cultural and Historical Heritage 128
6.3.21 Socio-Economic 128
6.4 Impacts During Decommissioning 129
6.4.1 Loss of Aesthetics Due to Abandoned Project Facilities 129
6.4.2 Loss of Employment 129
6.4.3 Abandoned Infrastructure 130
6.4.4 Fire Prevention and Management 130
CHAPTER SEVEN: PROJECT ALTERNATIVES
7.1 Location Alternatives 131
7.2 Technology Alternatives 131
7.3 Design and Layout Alternative 131
7.4 Delivery Pipeline Alternative 131
7.5 Do Nothing Alternative 131
7.6 Alternative Construction Materials 132
7.7 Waste Management Alternatives 132
CHAPTER EIGHT: CUMULATIVE IMPACT ASSESSMENT (CIA)
8.1 Cumulative Impacts Assessment Approach 133
8.2 Cumulative Impacts for the proposed project 133
8.2.1 Increased LPG trucks in Mombasa and along Highways 133
8.2.2 Fire and Explosion Hazards 134
8.2.3 Depletion of The Local Construction Materials 134
8.2.4 Large Scale Influx of People 135
CHAPTER NINE: ENVIRONMENTAL AND SOCIAL MANAGEMENT AND MONITORING PLAN(ESMP)
9.1 ESMP - Introduction 136
9.2 Objectives of the ESMP 136
9.3 ESMP Roles and Responsibilities 136
9.3.1 Project Manager 137
9.3.2 Environmental Manager 137
9.3.3 Contractor 138
9.3.4 Environmental Management Responsibilities 138
9.4 Environmental Monitoring 138
9.4.1 Compliance with the ESMP and Associated Documentation 139
9.4.1.1 Training and Awareness of Construction Workers 139
9.4.1.2 Contractor Performance 139
9.5 ESMP requirements for the construction phase 139
9.5.1 Site Preparation 140
xxix
9.5.2 Establishment of construction materials yards 140
9.6 Waste Management Plan 141
9.6.1 Objectives 141
9.6.2 Scope 141
9.6.3 Roles and Responsibilities 142
9.6.3.1 Site Supervisor of Developer 142
9.6.3.2 EHS Manager of Developer 142
9.6.4 Waste Types and Quantities Generated 142
9.6.4.1 Construction and Decommissioning Phase 143
9.6.4.2 Operation Phase 143
9.6.5 Waste Handling, Management and Disposal 143
9.6.5.1 Construction Phase 143
9.6.6 Construction EHS Management Plan 144
9.6.6.1 Purpose of A Construction EHS Plan 144
9.6.6.2 Objectives of a Construction EHS Plan 145
9.6.6.3 HSE Performance Measurement 145
9.6.6.4 HSE Interface Between Contractor and Proponent 146
9.6.7 Construction and Fabrication Phase 146
9.6.7.1 Safety Hazards and Critical Areas 146
9.6.7.2 Safety procedures 147
9.6.7.3 Safety Training 147
9.6.7.4 Safety Guidelines and Rules of Operation 147
9.6.8 Occupational Health Action Plan 149
9.6.8.1 Medical and Health Program 149
9.6.8.2 Record Keeping Requirements 150
9.6.8.3 Inspection Program 151
9.6.8.4 Training 151
9.6.8.5 Procurement and Material Control 151
9.6.9 Environment Action Plan 151
9.6.9.1 Key Environmental Positions 152
9.6.9.2 Environmental Training 152
9.6.9.3 Environmental Objectives 152
9.6.9.4 Environmental Procedures 153
9.6.10 Environmental Performance Meetings 153
9.6.10.1 Environmental Reviews 153
9.6.10.2 Soil Conservation and Erosion Mitigation 154
9.6.10.3 Site Restoration 154
9.7 Traffic Control Management Plan 155
9.7.1 Introduction 155
9.7.3 Regulations and Standards 156
9.7.4 Traffic Activities 156
9.8 Emergency Planning During Operation 163
9.8.1 Administration 164
9.8.3 Raising the Alarm and Evacuation 164
xxx
9.8.4 Type of Emergencies 165
9.8.5 Contact with Outside 165
CHAPTER TEN: PROJECT DECOMMISSIONING
CHAPTER ELEVEN: EMERGENCY RESPONSE PLAN
CHAPTER TWELVE: QUANTITATIVE RISK ASSESSMENT
12.1.1 Chemical Properties of LPG 183
12.1.2 Physical Properties of LPG 183
12.2 Identification of Hazards 184
12.3 Hazard Analysis 184
12.3.1 Hazard Identification 184
12.3.2 The Risk Matrix 185
12.3.3 Sections Analyzed 185
12.3.4 Cause Development 186
12.3.5 Hazard Analysis 186
12.4 Effect Categories 187
12.5 Likelihood Analysis 188
12.6 Risk Results 188
12.6.1 Individual Risk to Employees 188
12.6.2 Societal Risk 188
12.6.3 Key Risk Indicators 190
12.6.3.1 LPG Terminal Top Risks and Improvement Plans 190
12.7 Mitigation Measures 191
12.8 LPG Terminal Safety Aspects 192
12.9 QRA Conclusions and Recommendations 193
CHAPTER THIRTEEN: CONCLUSION AND RECOMMENDATION
13.1 Conclusion 195
13.2 Recommendations 195
REFERENCES 197
ATTACHMENTS 198
xxxi
LIST OF TABLES
Table 1.1: The 2016 LPG Imports Sources to Kenya 3

Table 1.2: Summary of Mombasa LPG Import Facilities 4
Table 1.3: Team of Experts 15
Table 2.2: LPG Design Pressures 25
Table 2.3: Project Water requirement 40
Table 2.4: Project Power requirement 40
Table 4.1: The Kenya Standards available for the petroleum sub-sector. 76
Table 4.2: Summary of the applicable International Conventions and 78
Treaties
Table 5.1: Summary of issues of concern that arose during Public 98
Participation.
Table 5.2: Summary of project benefits 102
Table 9.1:Traffic Control Management Plan 157
Table 9.2: The proposed project Environmental and Social Management 166
and Monitoring Plan
Table 10.1: The proposed project decommissioning plan 179
Table 11.1 Proposed Emergency Response Plan 181
Table 12.2 The Risk Matrix 185
Table 12.3 The Hazard Analysis 186
Table:12.4 Effect Categories 187
Table:12.5 RISK Assessment Template 189
Table:12.6 FSL LPG Terminal Top Risks 189
Table:12.7 FSL LPG Terminal Key Risk Indicators 191
LIST OF FIGURES AND PHOTOS

Figure 1.1 Household Energy Consumption-2021 6
Map 1.0 Google View of The Proposed Project Site 9
Figure 2.1 FSL Proposed LPG Terminal Layout Plan 18
Figure 2.2 FSL Proposed LPG Pipeline Route 19
Figure 2.3 FSL LPG Safety Distances Mapping 23
Figure 2.4 Typical LPG Mounded Bullet Tanks 27
Figure 2.6 FSL LPG Preliminary Mechanical Design 45
Figure 3.1 Mombasa County Map 49
Figure 12.1 Risk and hazard management summary 184
Public Participation 1 Photos of 14th September 2022 104

Public Participation 2 Photos of 26th October 2022 105
Public Participation 3 Photos of 10th November 2022 106
xxxii
ACRONYMS
API: American Petroleum Institute

AGO Automotive Gasoline Oil
ARV: Anti-Retroviral
BS: British Standard
CSR: Community Social Responsibility
CWSB: Coast Water Services Board
DB (A): Decibels on the A-Scale
DHP: Designated Health Practitioner
EA: Environmental Audit
EHS: Environment, Health & Safety
EMCA: Environmental Management and Coordination Act
ERC: Energy Regulatory Commission
ERP: Emergency Response Plan
ESDS: Emergency shutdown Device system
ESIA: Environment and Social Impact Assessment
ESM: Environmentally Sound Management
ESMMP: Environmental and Social Management and Monitoring Plan
FH: Fire hydrant
HSEQ: Health Safety Environment and Quality
HSEMS: Health Safety Environment Management System
KPA: Kenya Ports Authority
KPC: Kenya Pipeline Company
KRC: Kenya Railways Corporation
KPRL: Kenya Petroleum Refineries Limited
LPG: Liquefied Petroleum Gas
MSDS: Material Safety Data Sheet
NEMA: National Environment Management Authority
NFPA: National Fire Protection Association – USA
OSHA: Occupational Safety and Health Act
PPE: Personal Protective Equipment
PMS: Premium Motor Spirit
TOR: Terms of Reference
xxxiii
CHAPTER ONE: INTRODUCTION
1 Introduction
1.0 Overview of the Petroleum Sub-Sector in Kenya
The Energy Sector contributes 20% of tax revenue and makes up 4% of the Country’s Gross
Domestic Product (Budget estimates of 2016) 87% of Kenyans use solid fuels as their
primary fuel source for cooking while 5% use Kerosene as a primary fuel. The heavy
reliance on inefficient traditional biomass sources exacerbates forest degradation and
climate change, and has detrimental impacts on health and poverty in Kenya. There are a
number of ways to reduce some or all of these negative impacts, including using improved
biomass cookstoves and switching to modern fuels such as LPG.
The Petroleum Sector in Kenya is organized into three Sections; the Upstream, the
Midstream and Downstream. The Upstream Section involves the process of exploration,
development and production of crude oil and natural gas. The Midstream Section revolves
around storage, refining and transportation of crude oil into consumable petroleum products
whereas in the Downstream Section, refined products are made available to the consumers
through supply and distribution, for example at petrol stations (KPC, 2017).
1.0.1 Upstream
Kenya has four (4) petroleum exploration basin and these are; Lama Basin, Anza Basin,
Mandera Basin and Tertiary Rift Basin. Oil and Gas Exploration in Kenya began in 1956
and the breakthrough came in March 2012 with the discovery well, Ngamia1 Well in
Lokichar Basin in Turkana County. (KPC,2017). Following the exploration success of
Lokichar Basin, the Government and Oil Exploration Firms started an Early Oil Production
Scheme (EOPS) where crude is extracted, processed, and then trucked to Kenya Petroleum
Refineries Limited in Mombasa.
1.0.2 Midstream
Initially crude oil was imported to Kenya via Kipevu Oil Terminal (KOT) and Shimanzi Oil
Terminal (SOT) to Kenya Petroleum Refineries. However, the refinery stopped operations
in September 2013. Currently, the main midstream activities in Kenya includes
transportation of crude oil from Lokichar to Mombasa and exportation of the same using
vessels via KOT.
1
1.0.3 Downstream
Involves distribution and marketing of petroleum products by Oil Marketing Companies.
The distributing infrastructure includes white oil pipelines, depots, terminals, and service
stations. The main petroleum products in Kenya include Automotive Gas Oil (AGO),
Premium Motor Spirits (PMS), Illuminating Kerosene (IK) and Liquefied Petroleum Gas
(LPG). The leading oil marketers in Kenya are VIVO Energy (operating Shell Service
Stations), Total Energies, Rubis Energy (Acquired KenolKobil and Gulf Energy in 2019),
OLA Energy and National Oil Corporation of Kenya (NOCK).
According to Energy and Petroleum Regulatory Authority. The downstream supply

chain in Kenya is supported by the following critical infrastructure (Energy and
Petroleum Regulatory, 2019) petroleum receipt and backloading jetties:-
• Kipevu Oil Terminal (KOT) located at Kipevu area Mombasa County and handles
large petroleum vessels. Product is then transferred to the Government owned Kipevu
Oil Storage Facilities (KOSF).
• Shimanzi Oil Terminal (SOT): used for importation of petroleum by small vessels
at Mbaraki Terminal which is privately owned facility.
• Africa Gas And Oil Limited (AGOL): this is a dedicated LPG facility built under
concessionary terms from the Kenya Ports Authority, it is connected to a common
user manifold. The only storage depot connected to it is the AGOL mainland facility.
• Kisumu Oil Jetty: This is located on the shores of Lake Victoria and is used for the
exportation of petroleum products to the countries boarding the lake and into the
Eastern DRC and Southern Sudan
• Petroleum Storage Tanks: Kenya’s total storage capacity is over 1,500,000,000
litres spread out across the country. Over 850,000,000 litres of this is operated by the
Kenya Pipeline Company as primary intermittent storage.
• Petroleum Pipeline: The pipeline system consists of trunk lines and distribution lines
from Mombasa running through Nairobi to the western Kenya towns of Nakuru,
Eldoret and Kisumu totaling to about 1,342 Km.
• Retail Networks: Kenya has over 2,762 retail stations. The stations are clarified as
tier 1,2,3 and 4 depending on land area, services offered and storage capacity.
2
1.1 LPG Import and Storage
Kenya imports all its LPG requirements following the closure of the Kenya Petroleum
Refineries Limited (KPRL) in 2013. LPG is mainly imported from Iran, Mozambique,
Qatar, USA Russia as shown below
Table 1.1: The 2016 LPG Imports Sources to Kenya
Country Percentage 2016 Import Volumes

Iran 27%
Mozambique 22%
Qatar 13%
USA 13%
Russia 10%
Algeria 45
Mauritius 3%
Oman 2%
UAE 1%
Tanzania 1%
Others 4%
Source: Kenya Revenue Authority
Although the imports are mainly through the port of Mombasa, information from Kenya
revenue authority indicates that there is a growth of imports from Tanzania into the country
via road. In 2017, the imports from Tanzania were 6.24% with this figure expected to have
gone higher in 2018/19 as legal compliance on imports declaration has improved.
The LPG import facilities are located in Mombasa and comprises of the following: -
1.1.1 AGOL Facilities

The AGOL imports LPG via a Single Buoy Mooring Jetty (SBM) owned by Kenya Ports
Authority (KPA) but operated by AGOL. The anchorage is situated in Port Reitz west KOT
and has draft of 11.3 meters of water. The anchorage /discharge fees payable to KPA is
about USD $ 22 per ton. The KPA discharge pipelines terminate at the shores where a
Common User Manifold is situated for pipeline connection by marketers. AGOL pipeline
connects to a storage capacity of 20,500 MT with sufficient capacity for truck loading. The
terminal is located adjacent to the SGR but is currently not connected to the rail system.
1.1.2 SOT Facilities

The Shimanzi Oil Terminal (SOT) is a common user jetty owned by KPA and can accept
tankers of up to 30,000 MT DWT. However, the combined onshore LPG import storage
capacity at SOT is about 960 MT (owned by marketing companies). When complimented
3
by other connected storage at Changamwe (Hashi with 350 MT, and Kenya Petroleum
Refineries limited (KPRL) with 1,250 MT, the maximum total available capacity that can
receive imports at SOT is about 2,610 MT.
Table 1.2: Summary of Mombasa LPG Import Facilities
MOMBASA IMPORT STORAGE

COMPANY STORAGE CAPACITY IMPORT
(M.T.) FACILITY
AGOL 20,500 AGOL
LIBYA OIL 200 SOT
SHELL 520 SOT
TOTAL 240 SOT
HASHI 400 Connected to SOT
KPRL 1,250 Connected to SOT
TOTAL 23,110
Source: PIEA& Various Industry Sources
1.1.3 New Kipevu Oil Terminal (New KOT)

KPA is constructing a new petroleum jetty at Kipevu area of the Port. The jetty will include
a dedicated LPG receiving pipeline (24-inch diameter) with a common user manifold for
importers to connect to. There is an existing pipeline wayleave from this jetty that connects
to the KPRL facility at Changamwe.
Proposed LPG Import Storage Facility at KPRL - The government had planned that KPC
constructs a 24-inch pipeline from the new jetty at KOT to the KPRL site together with a
30,000 MT LPG common user import storage facility (that was to be enhanced to 50,000
MT in future). However, this plan appears to have changed whereby the government now
appears to prefer a PPP investment between the government owned KPRL and a private
investor. The modalities for such a plan have however not been articulated.
The PPP project would essentially involve a common user LPG import receiving and
storage facility, with truck loading facilities and potential for connection to SGR for
transportation inland. The project revenues would accrue from a tariff approved by the
regulator, EPRA.
1.2 LPG Distribution in Kenya

Nearly 90% of Kenya LPG demands and all export demand are located inland, and these
must be transported to inland secondary storage facilities.
1.2.1 Road
Transportation of LPG from Mombasa import facilities to the storage depots inland is
currently 100% by road. All the import storage facilities in Mombasa load trucks apart from
4
KPRL, which acts as a temporary storage for LPG transfers to the marketers’ depots at SOT
and Changamwe.
1.2.2 Rail
Although the old meter gauge railway (MGR) from Mombasa to Nairobi is no longer
serviceable. The Nanyuki-Nairobi railway has been revived by KRC for oil markets to
transport petroleum products using railway line.
The main petroleum (including LPG) inland storage depot have historically been at Nairobi,
Nakuru, Eldoret and Kisumu, however other newer and significant LPG demand centers
have emerged and new LPG storage and filling facilities have come up in these areas. These
are investments by the new ones and smaller markets entrants, and these have significantly
improved LPG distribution capacity, economics, and consumer access filling is now nearer
the LPG demand centers.
About 70% of LPG marketed in Kenya is used in the retail household segment, mainly in
cylinders. The balance 30% is used in institutions (hotels, restaurants, schools, hospitals
etc.) and for industrial manufacturing and is mostly in bulk. The cylinders in the retail
market comprise of 1Kg, 3Kg, 6Kg and 13Kg. the 6Kg and 13 Kg account for about 95%
of all cylinders in the market, with the 6Kg mostly used by the lower income segment.
1.3 Motivation for the Project

According to Kenya market research by Global Alliance for Clean Cookstoves (GACC),
87% of Kenyans use solid fuels as their primary fuel source for cooking while 5% use
Kerosene as a primary fuel. The heavy reliance on inefficient traditional biomass sources
exacerbates forest degradation and climate change, and has detrimental impacts on health
and poverty in Kenya. (Clean cooking alliance, 2013). The research further indicates that
over 15,000 Kenyans die annually due to exposure to household air pollution from burning
solid fuels. >40% of childhood deaths are related to respiratory illness due to exposure to
kerosene, wood and charcoal smoke. Average Kenyan household of 4 family members
emits 1.2 tons of CO2 per year. Kenya has experienced regional deforestation and
degradation, with an overall 55 decline in its forest area since 1990
To deal with the problem, Kenyan government set a long term goal of having 42 percent of
households adopt clean cooking fuels. The goal was embedded in Kenya’s Vision 2030
second medium term plan (2013-17) in alignment with the SE4II country action agenda.
Liquefied petroleum gas (LPG) was to contribute 35 percent, biofuels 5 percent and
electricity 2 percent. Additionally, the government of Kenya through the Energy Policy
(2014) is committed to enhance consumption of LPG, being an environmentally friendly
and economic modern fuel by: -
• Constructing, import handling, storage and distribution facilities;
5
• Providing fiscal incentives on LPG and related appliances; and
• Encouraging private sector to investment in additional capacity for handling and
storage of LPG.
The key policy drivers are both environmental and health concerns. Increased use of LPG
will reduce use of biomass (wood and charcoal) fuels and will reduce harmful indoor
emotions (which cause respiratory diseases) from both biomass and kerosene use in
domestic eating and cooking.
Government policies and strategies have therefore focused on increased availability and
affordability of LPG, with special attention to LPG supply chain infrastructure and
enhanced regulatory systems to ensure fair market competition
The ministry of petroleum and mining held a national stakeholders forum in May 2016
which made the following key recommendation to reform the LPG sector and increase LPG
availability and affordability: -
1. To increase the overall LPG per capita consumption to 15 Kg by 2030. In 2019, the
per capita demand stood at about 5.1 Kg (244,000 MT demand over a population of
47.6 million). The share of household energy attributed to fire wood and charcoal
currently stands at 79% with LPG share at about 1.0 %.
FIGURE 1.1: Household Energy Consumption-2021
Sales
Electricity,5.81%, 0.7 LPG,0.55%, 0.1
Kerosene,0.61%, 0.1
Farm residue,14.13%, 2.6
Charcoal,6.24%, 1
Firewood,72.66%, 9.8
Firewood,72.66% Charcoal,6.24% Farm residue,14.13%
Kerosene,0.61% Electricity,5.81% LPG,0.55%
6
2. To enhance LPG supply chain and infrastructure including: -
a. Increase import storage from 20,00 MT in the medium term to 50,000 MT
in the longer term;
b. Preferably the new import storage capacity should be licensed and operated
as common user facilities;
c. Target joint LPG importation by all marketers though an Open Tender
System (OTS);
d. Construct and commission a dedicated LPG import line at the new
petroleum jetty in Mombasa;
e. Increase inland storage at Nairobi, Nakuru, Kisumu, Eldoret and Sagana;
f. Increased use of rail transportation for primary transportation of LPG
3. Implement effective LPG regulation to ensure fair market competition and a high
level of safety compliance.
4. To encourage development of reticulated LPG system for gated communities.
The demand of LPG in the retail market has largely been constrained due to affordability
and accessibility of LPG. The major cause for this has been lack of LPG infrastructure and
expensive imports. However, if most of the above government strategies are implemented,
LPG will be more accessible and affordable. Fossil Supplies Limited intends to contribute
positively to the governments LPG strategy by constructing a 6,000 MT LPG Common
User Facility at Changamwe in Mombasa County, increasing product receipt flow rate from
SOT (and in future KOT) thus reducing the demurrage cost and connecting to the rail system
which will enhance distribution of the LPG within the country.
1.4 Project Background
Fossil Supplies Limited (FSL) is located in Mombasa, Kenya and is part of the Petrocity
Group of companies. It was established in 2001. The key business area of the Group of
Companies is of supply and distribution of petroleum products. Fossil Supplies Limited
handles the procurement and supply of petroleum products to the Group’s established retail
network of stations in Kenya operated by our sister company Petrocity Enterprises Ltd and
also to the neighbouring countries.
The Group constructed a Petrocity Oil Terminal in Konza and was commissioned in 2013.
For retail distribution, the Group has 94 Petrol Service Stations spread across Kenya and
Uganda. Petrocity Enterprises also provides a wide range of high quality automotive and
industrial lubricants and bitumen for road construction. Fossil Supplies Limited is already
in the LPG business and distributes the LPG through its own brand of Cylinders
“PETGAS”, through its affiliates Petrocity in Kenya and Uganda. The above ably
7
demonstrates Fossil Supplies Limited has the financial and technical capacity to undertake
the proposed project.
1.4.1 Project Description and Location

Fossil Supplies Limited (FSL) intends to construct 4 LPG Mounded Bullet Tanks each with
capacity of 3,000 M³ totaling to 12,000M³ which equates to about 6,000MT and eventually
connect to existing KPC/KPRL LPG Pipeline at Refinery Road.
Mounded bullet tanks which provide intrinsically passive, safe environment and eradicates
the possibility of Boiling Liquid Expanding Vapor Explosion (BLEVE) will be used other
than above ground tanks which possess various safety challenges. Though LPG handling
possess many challenges, due to its inherent dangerous properties, modern state of art safety
features has been taken into consideration while designing the facilities using different
codes.
The entire system has been studied with respect to reliability of design, state of the art
control philosophy with intrinsic process safety considerations. Further, compliance of
external safety measures like Pressure Relief System, Fire Fighting System, and Gas
detectors have also been reviewed with respect to statutory guidelines.
The Proposed Liquefied Petroleum Gas (LPG) Common User Facility will be located on
coordinates Latitude 4° 0’ 39.58092” S and Longitude 39° 37’ 0.4926” E within
Changamwe Sub County in Mombasa County on leased Kenya Railways Corporation
(KRC) land. The site is located at approximately 4 Km North of the Port of Mombasa and
about 3 Km from hub of Moi International Airport, Mombasa. The area hosts other oil
terminals such as KPC Depot and Kenya Petroleum Refineries Limited (KPRL). Abutting
the plot to the North East is Transpares Limited, to the West is APM (Great Lakes Port
Limited) Container terminal and KPRL to the South.
8
Map 1.0 Google View of The Proposed Project Site
1.5 Definition of Technical Terms

The following words or phrases shall be limited to the meaning indicated against them:
Environment: includes the physical factors of the surroundings of human beings including
land, water, atmosphere, climate, sound, odour, taste, the biological factors of animals and
plants and the social factor of aesthetics and includes both the natural and the built
environment.
Environmental management: The protection, conservation and sustainable use of the
various elements or components of the environment.
Environmental Monitoring: The continuous or periodic determination of actual and
potential effects of any activity or phenomenon on the environment.
Incident: Any unplanned occurrence that may lead to ill health, injury, damage to property
or adverse environmental impact.
Noise: Any undesirable sound that is intrinsically objectionable or that may cause adverse
effects on human health.
Overburden soil: Soil and/or soft rock above materials to be excavated, removed and
replaced.
Pollution: Any direct or indirect alteration of the environment so as to affect any beneficial
use adversely.
9
Project: Any venture, programme or policy that leads to projects which may have an impact
on the environment.
Proponent: A person proposing or executing a project, programme, or undertaking that can
affect the environment.
Reuse: The use of a product more than once in its original form, for the same or a new
purpose.
Waste: Any matter discharged, emitted or deposited in the environment in such volume,
composition or manner likely to cause an alteration of the environment.
1.6 Project Objectives

The proposed project aims at importing, supplying and distributing affordable and
environmentally friendly liquefied petroleum gas with intention to promoting industrial and
infrastructural development of the area, country and the region at large.
Other objectives of the proposed project include but not limited to:
1. To generate revenue to the proponent, county and national government for economic,
infrastructural, and industrial development.
2. Supply of affordable clean and environmentally friendly liquefied petroleum gas for
domestic and industrial use.
3. Construction of standard and spacious warehouses for the storage of bulk liquefied
petroleum gas prior to supply and distribution to various retail outlets countrywide.
4. To promote economic growth, industrial and infrastructural development through
industrial and services provision.
5. To improve the social economic welfare status of the local community members,
6. Income generation to the people involved in various project implementation phases
for improved living standards.
7. To promote ecologically and environmentally friendly and sound industrial building
designs, plans and implementation process that will ensure environmental
conservation, management and protection.
1.7 Project Justification

The proposed development project will be significant in creating employment opportunities
to the locals as well as improving their living standards. The project will also open up the
area for future development and business growth; revenue generation to the national and
county governments for development, economic growth and infrastructural development.
As a private investor and working together with the county/national government to ensure
growth and development in modern industrial sector to help solve the problem of low
industrial growth and high unemployment levels, thus contributing towards development
goals such as Vision 2030.It will also ensure affordable and adequate manufactured
goods/materials in secure, clean and healthy environment.
10
1.8 Approach of the ESIA Processes
1.8.1 Summary of the ESIA process
In April 2019, the cabinet secretary of environment and Forestry on the advice of National
Environment and Management Authority (NEMA) amended the second schedule of the
Environmental Management Act, 1999.The amendment was through LN 31 on
classification of project (low, medium and high risk) and LN 32 on undertaking the ESIA
for low and medium risk projects. The proposed project is a high-risk project.
NEMA issued a public notice dated March 2020 on processing of Environment Impact
Assessment Reports. The notice stated that for high-risk projects, the ESIA Study shall be
conducted in accordance with the general environment impact assessment guidelines as
provided by Part 111 of the Environment (Impact Assessment and Audit) Regulations,
2003.The guidelines require an ESIA Terms of Reference to be prepared and submitted to
NEMA for approval after which an ESIA study is undertaken and Study Report submitted
to NEMA.
This ESIA has been undertaken based on available information and data out of which a
study report (SR) has been prepared for submission to the NEMA for consideration. An
appraisal of the current baseline status of the project area and the anticipated impacts,
mitigation measures as well as development of an environment and social management plan
is the focus of the assignment.
The ESIA work comprise of specialist environmental studies which are target to the
potential significant impacts likely to be experienced as a result of the proposed
development. Each topic is included as a separate section in the main body of the ESIA
Study report or included as an appendix.
The Experts prepared and submitted the TOR for the ESIA which was approved by NEMA
on 4th November 2022.
1.9 ESIA Study Report Structure

The structure of the ESIA Study bids summarized below.
• Chapter 1 : Introduction
• Chapter 2 : Site, Project Description of the Project
• Chapter 3 : Baseline Information
• Chapter 4 : Policy, Legal and Institutional Framework
• Chapter 5 : Public Consultation and Participation
• Chapter 6 : Environmental and Social Impacts
• Chapter 7 : Project Alternatives
• Chapter 8 : Cumulative Impact Assessment
• Chapter 9 : Environmental and Social Management Monitoring Plan
• Chapter 10 : Project Decommissioning
• Chapter 11 : Emergency Response Plan
• Chapter 12 : Quantitative Risk Assessment
• Chapter 13 : Conclusions and Recommendations
11
1.10 ESIA Objectives
The general objectives of carrying out this ESIA study is to fulfil the requirements of the
Government of Kenya on environmental regulations and the project proponent’s desire to
make sure that the proposed project activities do not adversely impact the environment.
However, the specific objectives of the ESIA study are: -
1. To identify potential positive and negative environmental impacts of the proposed
project activities.
2. To assess the significance of these impacts.
3. To propose mitigation measures for the significant negative impacts of the project
on the environment.
4. To assess the relative importance of the impacts of alternative plans, designs and
sites.
5. To generate baseline data for monitoring and evaluation of how well the mitigation
measures can be implemented during the project cycle.
6. To present results of the ESIA study in such a way that they can guide informed
decision-making by the relevant authorities.
1.11 Scope Of the Study

The study interrogates the anticipated environmental impacts of the proposed development
with the Environmental (Impact and Audit 2003 Regulations). The report will cover and
provide the following information: -
1. The activities that shall be undertaken during the project implementation process,
construction, operation, maintenance and decommissioning phases.
2. Baseline data of the location of the project, including physical area that may be
affected.
3. The materials to be used, products and by-products, including waste management.
4. Review of the policy, legal and the administrative/institutional framework.
5. The nature of the project.
6. The potential environmental impacts of the project and the mitigation measures to
be put in place during construction, operation and decommissioning phases.
7. An Action Plan for the elimination of hazards and minimization of risks and adverse
environmental impacts at the proposed project site.
1.12 Methodology
The methodology used in conducting and writing of this ESIA study report included but was
not limited to the following: -
1. A site reconnaissance and visual survey to determine the baseline information of the
proposed project site.
2. Comparative study of the proposed project with the existing land uses in the
neighborhood.
3. Review of the project documents and discussions with the proponent.
12
4. Assessment of the site to detail the various existing and likely impacts of the project
on the environment.
5. Assessment of health and safety issues and conservation concerns.
6. Seeking public views through interviews, questionnaire, public participation,
focused group discussion.
7. Proposing measures to prevent hazards, and
8. Extrapolating and inferring environmental conditions and responses from baseline
information or from other similar cases where actual data is lacking, preparation and
submission of the ESIA Study report.
In undertaking the ESIA study, the experts employed a participatory approach that entailed
a range of research methods.
1.12.1 Desktop Review

This involved desktop studies and review of all relevant available documents on the project
activities, design, plans and components from the proponent. The study team also reviewed
all the available and relevant national and international legal environmental documents,
standards and guidelines. In addition, national and county level planning documents like
Kenya Vision 2030, The 2010 Constitution, Mombasa County Integrated Development
Plan, Petroleum and Energy Act of Kenya relevant to the project area were reviewed. Area
maps and plans were also reviewed.
1.12.2 Field Study

The study employed primary research method of qualitative and quantitative among relevant
stakeholders. The environmental assessment team conducted reconnaissance and field visits
to the proposed project site to obtain further data and consult the stakeholders and the public
about the proposed project. This established the nature of the surroundings which included
existing infrastructure, economic and social set up of the local communities as well as
collecting their views on the proposed project. Similarly, observations entailed
documentation on the physical characteristics of the area including the biological
environment. Interviews and questionnaire administration for Public Participation were
carried out with neighbors to the project as well as those most likely to be affected by the
project. Additional consultations with project proponent provided essential background and
baseline information on the proposed project.
1.12.3 Data Synthesis

The data collected was used to prepare a comprehensive environmental and social
management and monitoring plan encompassing the potential impacts, mitigation measures
and monitoring indicators which form part of this report.
1.12.4 Reporting
The main output of this study is an ESIA project study report for submission to NEMA.
13
1.13 Assumptions and Limitations
1.13.1 Assumptions
In undertaking this investigation and compiling the ESIA, the following has been assumed:
• The information provided by the client and the project engineer is accurate and
unbiased.
• The scope of this investigation is limited to assessing the environmental impacts
associated with the proposed project.
• It is assumed that no spoil dumping areas, borrow pits and quarries will be created
for this project and sand will not be harvested from the nearby Indian Ocean. It is
assumed that existing quarries and borrow pits will be used and that such borrow pits
/ quarries are in possession of the required environmental authorizations
• It was assumed that the motivation for planning and feasibility study of the project
were undertaken by the developer with integrity, and that information provided to
date by the project developer was accurate.
• It is assumed that the delivery LPG pipeline at KPRL/KPC pipeline will be approved
by KPRL giving a no objection to the tie in.
1.13.2 Limitations
The planning for the proposed project is at the Front-End Engineering Phase and therefore
some of the specific details are not available at this stage of the ESIA process. This ESIA
process forms a part of other studies and as these studies progress, more information will
become available to inform the ESIA process. This study was done with the information
available to the specialist at the time of executing the study, within the available timeframes.
The sources consulted are not exhaustive, and additional information which might
strengthen arguments, contradict information in this report, and/or identify additional
information might exist. The specialist did try to make an evidence-based approach in the
compilation of this report and did not intentionally exclude scientific information relevant
to the assessment A limited amount of finalized project details from the project developer
means that some of the actual project projections may be higher or lower than estimated in
this report.
1.13.3 Knowledge Gaps

This ESIA identifies and assess the potential environmental impacts associated with the
proposed LPG Facility and associated infrastructure. However, the scope of impacts
presented in this report could change, should new information become available during the
ESIA Phase. The purpose of this section is therefore to highlight gaps in knowledge when
the ESIA study of the project was undertaken.
Current gaps in knowledge at the ESIA include the following:
• The final depth of piles foundation, specifications of the mounded bullet tanks, product
pumps, fire water pumps and associated pipelines and
• Specific construction details of the proposed project, including detailed engineering
drawings and construction specifications.
14
1.14 Team of Experts
Table 1.3: Team of Experts
Name Qualifications Competence

Ezekiel Olukohe Bsc Environmental EIA/EA Lead Expert
Science
8379
Eng. Isaac Mbuvi Bsc. Electrical & Professional Electrical Engineer

Communications
EIA/EA Lead Expert
Engineering, MSc in
OSH, 6900
OSH Consultant
Registered Engineer Fire Safety Auditor
with EBK No. A
3093
IEK M 4023
George Mukeku Bsc, Mechanical Mechanical Engineer
Engineering
Pollucon Services NEMA Gazetted Environmental Laboratory

Laboratory
Juma B. Communications Sociologist

Mwanaharusi and Journalism
15
CHAPTER TWO: SITE, PROJECT DESCRIPTION, DESIGN, PROCESSES,
WASTES AND PRODUCTS
2.1 Site Location and Description
2.1.1 Site Location

The site is located on coordinates Latitude 4° 0’ 39.58092” S and Longitude 39° 37’
0.4926” E within Kenya Railways Marshalling Yard along Mombasa-Nairobi Highway
A109 in Changamwe Sub-County, Mombasa. It is approximately 4 Km North of the Port
of Mombasa and about 3 Km from hub of Moi International Airport, Mombasa.
2.1.2 Site Description

The project site environment is in an Industrial Zone and neighbourhood within 5Kms
radius comprises of the following: -
S/No. Name
1. Kenya Railways Corporation, Changamwe
2. Kenya Petroleum Refineries Limited
3. Kenya Pipeline Company Ltd
4. APM Container Freight Terminal
5. Transpares Limited
6. CMC Motor Corporation
7. Multiple Hauliers EA Ltd
8 Mombasa Cement
9 Kenya Ports Authority
10 Moi International Airport Mombasa
11 Tunaweza Kenya Apparel EPZ Kingorani
2.1.3 Study Area and Area of Influence (AoI) for the ESIA
The study area for this Environmental Social Impact Assessment (ESIA) is generally 5 Km
radius from the project site to the furthest end and 1Km to the shortest end and is within
Changamwe and Mikindani villages. The ESIA study area is mainly associated with areas
that could be affected by the potential impacts that could arise from the project site’s
activities.
The Area of Influence (AOI) for the ESIA covers 50 Km radius to Kilifi county and Mazeras
from project site.
16
2.2 Project Description
Fossil Supplies Limited (FSL) intends to construct 4 No. new LPG Mounded bullet tanks
with a total capacity of 6,000MT and eventually connect to existing KPC/KPRL Pipelines.
The project will occupy an area of approximately 3.5 hectares in a leased KRC land by
Fossil Supplies Limited and will have the following components: -
• A storage area with four Mounded Bullet Tanks of 3,000m³ each giving a total
capacity of 12,000 m³ equivalent to about 6,000 MT
• Fire Water Tank 2,500 m³ along with the required Foam compound.
• Fixed internal and external firefighting facilities
• Pumping station with pumps, compressors and odorizing system
• 4 Truck loading gantries
• With a future expansion provision for incorporating Rail Transport Cargo (RTC)
loading/unloading area, with capacity for 6 wagons
• Fire and gas leak detection alarm systems
• Administrative, operations, firewater pumps and utilities buildings
• Truck parking zone.
• Secure high perimeter wall fence including CCTV with access control at all entry
and exit points
• Security / flood-lighting system
Control room/operational office, with 4 bulk tanker-loading points with deluge systems,
trucks parking area, firewater tank, water sprinkler system and all standard requirement’s
auxiliary facilities such as a filling point, Hydrant location, jetty, piping and an office.
The compressed air for motorised valves of the storage, pumping and loading areas will be
supplied by two electrically driven compressors (1 operational, and 1 standby) and a buffer
tank. The compressors will be located in the utilities building.
Gas, fire detectors and ESD button will be installed in pumping area.
17
Figure 2.1 FSL Proposed LPG Terminal Layout Plan
18
2.2.1 Delivery Pipeline Route
The LPG will be delivered to the project site through an 8-inch pipeline whose tie in point
will be at an existing KPRL/KPC pipeline along the refinery road as shown in the sketch
below.
Figure 2.2 FSL Proposed LPG Pipeline Route
19
2.3 Project Design
2.3.1 Overview
The facility will include: -
• A storage area with four Mounded bullets 3000 m3 each
• Water Tank-2500 m3 and
• Slope Tank-200 m3
• A pumping station with pumps, compressors and odorizing system
• A loading Gantry area with four loading Arms-LPG
• A loading Gantry area with four loading Arms
• Future-RT loading/unloading area with capacity for 6 RTCs
• Fixed firefighting facilities
• Fire and gas detection and alarm systems
• Administrative, Operations, Firewater pumps and utilities buildings
• Truck/Car parking area for employees and visitors
• Secure perimeter walls and fences with access control at all entries and exit
points.
2.3.2 Mounded Bullet

Mounded Bullet tanks have less fire and explosion risk and required less safety distance.
The equipment for each Mounded Bullet Vessel is: -
1. Flanged inlet and outlet connections.

2. Flanged manholes (with mechanical handling facilities) on the top and the bottom
of the tank.
3. Internal piping for liquid inlet.
4. Motorized valves (air driven) on all main inlet and outlet connections.
5. Excess flow valves and backpressure check valves on main liquid inlet and outlet
connections.
6. Internal Whessoe type valve on product outlet nozzle
7. Pressure relief facilities with 100% spare capacity to enable testing and removal of
a valve whilst the tank remains operational. Mechanical handling facilities are
required for these valves.
8. Automated tank gauging system (with averaging temperature recording).
9. Independent high and high-high level alarm systems
10. Pressure transmitter at bottom and top of the spheres of tank
11. Stilling wells for tank gauging, in accordance with the requirements of the
equipment / system suppliers.
12. Water draw off connection with valve and piping including drain pot to second valve
13. Full access stairs (from the finished floor level) and platforms.
14. The liquid outlet line from each tank will have a connection for product sampling.
20
The system is designed to allow the following operations: -
1. To receive product from Pipeline

2. To load trucks
3. To unload trucks (limited operation)
4. To transfer product (liquid and vapour) between tanks
5. To recirculate product in the same tank, for product mixing
Gas and fire detectors and ESD buttons will be installed in the storage area.
2.3.3 LPG – Pumps

Loading pumps will be centrifugal. Truck loading pumps will be directed to a common
manifold. RTC loading pump will not be connected to the common manifold.
1. P-01, P-02, P-03, P-04: Operational for trucks loading. They will be designed to load
one truck in approximately 45 minutes and will have a flow rate of 60 m³/hour.
2. RTC: Operational for RTCs loading. They will be designed to load one wagon in
approximately 45 minute and will have a flow rate of 100 m³/hour.
3. Spare pump designed for trucks loading and RTC loading with a flow rate of 100
m³/hour, this pump can replace one of the truck loading pumps or the RTC loading
pump in event of breakdown.
4. Automatic sequences in the loading management system will control the start-up of
the pumps and the operation of the loading flow rates.
Loading pumps will be centrifugal. Truck loading pumps will be directed to a common
manifold. RTCs loading pump will not be connected to the common manifold.
The compressed air for motorized valves of the storage, pumping and loading areas will be
supplied by two electrically driven compressors (1 operating, and 1 spare) and a buffer
tank. The compressors will be located in the utilities building.
Gas, fire detectors and ESD button will be installed in pumping area.
Truck loading: 40 trucks of 24T: 960T per shift
2.4 LPG Basic Properties

LPG consists mainly of mixtures of propane and butane. The construction of a bulk storage
facility for LPG has a few key influences, which have been considered to safely and
effectively store LPG in a bulk installation.
2.4. 1 LPG Climatic Influencers

The location of the facility greatly influences the properties of the LPG being stored due to
the ambient conditions on-site.
• Mombasa-Climate type: Tropical 4
21
• Room temperatures-The average annual minimum temperature is: 21.0 °C The
average annual maximum temperature is: 31.0 ºC
• Basic wind speed: 30,3 m/s
• Maximum wind gust: 37,4 Km/h (July 2021)
• Average humidity: Over 75% (all year)
• Maximum average rainfall amount: 265,3 mm (May 2021)
• Seismic requirement: Seismic Zone IV according Kenya Seismic Classifications
1973
• The vapour pressure of LPG varies according to the temperature of the
surroundings and in areas of higher ambient temperatures, a higher pressure will
be required to liquefy the LPG.
2.5 Safety Distances

2.5.1 Introduction
When constructing an LPG facility strong emphasis should be placed on designing the
facility according to the correct and applicable codes and standards in the area/country of
construction. These standards will provide an engineer with the correct information and
guidance to correctly and more importantly – safely design an LPG bulk storage facility.
One of the key concerns when designing an LPG bulk storage facility is the correct
implementation of safety distances. These govern the required safety distances between
storage (pressurized) vessels with other storage vessels, whether it is another LPG storage
vessel or another chemical storage vessel. These safety distances also govern the allowable
minimum distance between an LPG pressure vessel and the plot borders, roads etc.
2.5.2 LPG Tanks

The safety distances limit the overall storage that can be stored safely at a certain facility.
The use of an internationally accepted standard is therefore very important during the
feasibility stages and estimations of the possible storage on site.
Safety distances have been taken according to the Kenyan Standard KS EAS1924_3_2020.,
and are the following:
a) Minimum distance between the shell of the LPG Tanks and the boundary wall: 15
metres
b) Minimum distance between the shell of adjacent LPG storages: ¼ (Sum of external
diameters of the adjacent Tanks)
c) Minimum distance between LPG Tanker filling point and boundary wall: 7.5 metres
FSL is compliant to the safety distances as per KS Standards as shown in Figure 2.3
below
22
Figure 2.3 FSL LPG Safety Distances Mapping
23
I. LPG Mounded Storage Facilities
• System Design as per API 2510
• Four (4) Mounded bullets of 3000 MT capacity total
II. Bullet Details

• Operating LPG storage capacity of each Bullet 3000MT
• Operating capacity considered as 85% level of the volumetric capacity of bullet
• Size: Length (TL~TL) 52m x Diameter 7 m
• Operating / Design Pressure 8.6 /14.5 Kg/cm2g
• Design Temperature (-) 27°C to 55°C
• Material ASTM A 516 Gr.60, (IT) or equiv.
III. Normal Bullet Operation

• 2 mounded bullet is receiving mode,
• 2 dispatch mode
IV. LPG Pump Details

• 6 nos. of LPG forwarding pump to be used.
V. Corrosion Allowance
• Internal Corrosion Allowance: 3 mm (minimum).
VI. Pressure Safety Valve

• Each vessel shall have at-least two Safety Relief Valves (SRV).
• The full flow capacity of each SRV on mounded vessel(s) shall be minimum
30% of the capacity required for an equivalent size of above ground vessel.
VII. Gas Detection System

• Suitable gas detectors Infrared type shall be placed at critical locations in the LPG
storage area such as near the ROVs, and all pumps in inspection tunnel or dome
connection, near water draining/ sampling points.
• First level alarm shall be set at 20% of Lower Explosive Limit (LEL) and second
level alarm at 60 % of LEL
VIII. Noise Criteria

Nearby equipment15m
• The maximum allowable noise level nearby equipment shall be 85 dB within one
meter from the equipment, during normal operation and with control valves in
line.
24
IX. Near Working Environment
• Overall noise level in the working environment shall be below 85dB at 1metre
outside plant limit.
• The average noise level shall be 60 dB at 100 m from the boundary of plant.
2.6 LPG Storage: Gas Composition

When designing the facility, proper investigations should be made regarding the typical
composition /ratio of propane to butane should be done to establish the correct design
solution for the facility. The table below indicates the large difference between the vapour
pressures of propane and butane. Should the actual LPG being stored contain more propane
than the anticipated during the design stage, the vessels could fail due to insufficient design
pressures
and cause major safety hazards, whilst overdesign could increase the CAPEX of the facility
when the propane content of the LPG gas stored is much lower than designed for.
Table 2.2 LPG Design Pressures
Design grade
C3% 15
C4% 85
Vapour Pressure 4.8 bar (gauge) at 40 ºC
Pressure design of the bullet is 17 bars.
During operation, it shall, however, be the responsibility of the operators to ensure that the
incoming LPG conforms to the propane/butane ratio according to which the facility has
been
designed.
2.7 LPG Storage Solutions
2.7.1 LPG Spheres
The first spherical LPG storage vessels (‘Horton Spheres’) were constructed in 1923 by
Chicago Bridge & Iron Company (CBI) and allow for effective large volume storage of
LPG. (Ezzel, 2016)
The largest benefit with regards to the sphere is their ability to store very large amounts of
LPG in proportionally small areas. This ability arises because an LPG sphere has a very
large volume to surface area ratio. Furthermore, the required wall thickness of an LPG
25
sphere of the same diameter as that of a bullet is much less. LPG bullets can, however,
reach extreme lengths (up to 70m), allowing for higher storage volumes.
Large spheres, however, have a large concentrated load (point load) on a small section of
earth, leading to higher groundwork design constraints. Spheres not be moved once
constructed as they lose integrity during deconstruction (due to a high amount of welding
points) compared to a bullet that can be split into fewer sections. (BNH Gas Tanks, n.d.).
Spheres’ complex designing procedures usually also extend the construction period for the
spheres but in turn, spheres allow for less piping and connections when compared to
multiple bullets. (BNH Gas Tanks, n.d.).
2.7.2 LPG Bullets

Another form of storage (and probably the most common) is the LPG bullet.
2.7.2.1 Above-Ground
Aboveground storage in bullet-form is similar to that of spheres. Bullets, however, are
usually installed pre-fabricated in smaller units with cases of large (50+m) in length have
been done in various locations across the world with some reaching lengths of 70m as in
the case of Sunrise Energy LPG Import Terminal (Engineering News, 2014). Richards Bay,
owned by South African independent bulk liquid and gas storage operator Bidvest Tank,
the facility’s four LPG storage tanks are each 60 m long and 16 m in diameter, making them
the largest such storage tanks in the world. -5650MT-(Engineering News, 2020)
Bullets have the advantage of being able to be moved in sections as well as having a more
uniformly distributed load across the ground surface due to multiple supports and often
multiple (smaller) bullets. Settling occurs less readily and bullets are therefore a safer option
in locations with more severe weather conditions (Ezzel, 2016) or challenging geotechnical
areas. Bullets can also be transported should it be necessary via minimal sections after
vessel deconstruction leading to minimal welded seams and possible weak points after
reconstruction.
Regular maintenance can also much more readily be completed in the case of bullet tanks
compared to a large sphere, with the possibility of some of the bullets staying in operation
during scheduled maintenance, whilst the use of a large sphere will shut down all operations
until maintenance is complete (BNH Gas Tanks, n.d.).
2.7.2.2 Mounded / Buried

Mounded bullets are bullets that are buried beneath a mound, typically trapezoidal,
consisting of sand/ground and a cover of a binding material like asphalt. The mounding is
usually also fitted with walls at two opposing ends with some cases being surrounded with
a wall. Mounded or buried bullets are a trade-off between available storage and the necessity
26
to allocated extra civil and mechanical work to accommodate the actual mounding. The use
of mounded bullets allows for narrower spacing between adjacent LPG bullets as well as
less strict safety distances with regards to other properties in close proximity.
This is turn allows for more available plot space for the actual storage of LPG. When
constructing mounded bullets, it is, however, important to consider the gravitational force
that the mound material exerts on the shell of the bullet and also on the supports for the
vessel. Connections on underground tanks should be located in positions that are easily
accessible to operate and maintain.
Mounded bullets are considered to be a safer option for LPG storage than conventional
methods, such as Horton spheres, buried storage etc., because situations leading to a
possible Boiling Liquid Expanding Vapour Explosion (BLEVE) are eliminated. Mounded
bullet installation is more space efficient than spheres. The Mound shall be designed such
that maximum six Bullets are accommodated in one single mound and the separation
distance between 2 adjacent bullets shall be 2 metres.
Figures 2.4 Typical LPG Mounded Bullet Tanks
27
2.8 Standards and Regulations
The Basic Standards and Regulations considered for the engineering design are the
following: -
2.8.1 LPG Storage

a) KS EAS1924_3_2020.Handling, storage and distribution of liquefied petroleum
gas in domestic, commercial and industrial installations - Code of practice
b) EEMUA-Guide for the design, construction and use of mounded horizontal
cylindrical vessels for pressurised storage of LPG at ambient temperature
PUBLICATION 190
c) API 2510 Design and Construction of LPG Installations
d) NFPA 58 Liquefied Petroleum gas Code
e) EN 13445 - Design, fabrication, and inspection Unfired Pressure Vessels
f) British standard PD 5500-2003. Specification for unfired fusion welded pressure
vessels
2.8.2 Storage Tanks

API 650- Welded Steel Tanks
2.8.3 Fire Fighting Systems

(a) NFPA 13: Standard for the Installation of Sprinkler Systems
(b) NFPA 14: Standard for the Installation of Standpipe, Private Hydrant and Hose
Systems
(c) NFPA 15: Standard for Water Spray Fixed Systems for Fire Protection
(d) NFPA 20: Standard for the Installation of Stationary Pumps for Fire Protection
(e) API 650 Welded Steel Tanks
(f) API 2510 Design and construction of LPG Installations
2.8.4 Electrical Installations

(a) NFPA 70 National Electrical Code
(b) NFPA 77 Recommended Practice on Static Electricity
(c) IEC Code
2.8.5 Piping
ANSI B.31.3 Chemical plant and petroleum refinery piping
ANSI B.31.4 Liquid petroleum transportation piping systems
ANSI B.16.5 Pipe Flanges and Flanged Fittings
A statement indicating the service that the pipeline will render, the specifications of the
pipeline, the characteristics of the fluid to be conveyed through the pipeline.
(a) Outside or nominal diameter of the pipeline
28
(b) Wall thickness of the line pipe material
(c) Type and Grade of line pipe.
(d) Designed maximum operating pressure.
2.8.6 Liquid Petroleum Transportation Piping Systems
Definition: Liquid Petroleum shall include, refined products-AGO/PMS.

Gas Liquids, liquefied Petroleum Gas-LPG
Design Criteria: Reference Code ANSI/ASME B 31.4
a. Rules, practices and standards for oil and gas industry are issued by AP institute and
followed by almost all oil and gas companies in the world Among the many
standards issued by the institute, there is also a standard for the design of pipelines:
API STANDARD 5L. Within this standard, materials for oil and gas transportation
pipelines are specified, with denomination API 5L.
b. This is a family of carbon steels almost equivalent to ASTM A53 / A106. Equipment
specified to these standards is typically more robust than general industrial
applications.
c. The two commonly acceptable grade of line pipes for this service shall be either
those materials conforming with the ASTM A 106 Grade B or API 5L Grade B for
low pressure range for high working pressure or large diameter pipelines, and any
of the API 5LX range for high working pressure or large diameter pipeline where
lower grade would require excessively thick walls to cope with the desired working
pressure.
d. The line pipe shall be seamless in fabrication, being of the Electric Resistance
Welded (ERW) or Double Submerged Arc Welded (DSAW) types only.
e. The design shall generally be in accordance with the standard ANSI/ASME B31.4
and its subsequent revisions published by the American Society of Mechanical
Engineers under the title Liquid Petroleum Transportation Systems.
2.8.7 Construction Procedure

a) All metallic pipeline material to be buried shall be coated with any of the
following systems – coal-tar enamel, Asphalt enamel, polyethylene tape, epoxy,
asphalt mastic, urethane or other material specially approved.
b) The pipeline construction shall generally follow the of the standard ANSI/ASME
B 31.4.
c) All pipeline construction shall be carried out in a manner that will minimize
disturbance to the environment.
d) Special precautions shall be taken to protect the pipeline from washouts, unstable
soil, landslides or another hazards that may cause the pipeline to move or be
subjected to abnormal loads.
e) Excavation for the pipeline shall follow good pipeline practice and consideration
for public safety as provided for in the Standard API RP 1102.
29
f) All pipeline welding shall be in accordance with the provisions of API 1104/1107
while welding inspection shall be by non-destructive method preferably using
Radiographic method contained in API 1104.
g) Minimum soil coverage of pipelines shall be as follows:
• Dry land – 1.0 metre
• River Crossings and Riverbeds – 1 metre
• Drainage ditches, Rail Road and Highway Crossing – 1.5 metres
• Rocky Areas – 0.9 meters
• Swamp – 1.0 meter
• Shipping Channels – 2.0 meters.
2.8.7.1 Inspection and Testing
a) The pipeline material and construction shall be inspected visually and examined
radiographically according to the standard ANSI/ASME B 31.4.
b) All tests shall generally be hydrostatic and be conducted in a manner that will
ensure the protection of life, property and the general environment of the pipeline.
c) The entire length of the pipeline shall be tested to the designed rated pressure
while any in-line pressure vessel or pre-fabricated manifold on the pipeline shall
be tested to the manufacturer’s specifications.
d) The pressure recording instruments to be used for the tests shall have a valid
calibration certificate which should not be more than a year of issue and the chart
record of the test shall be continuous and legible and all test results and any
remedial action taken shall be submitted to KPRL/KPC for approval before Tie-
in/ commissioning of the pipeline. The Accuracy of the pressure recorder shall be
within two per-cent (2%) of its range.
e) Unless otherwise permitted by the Owner, pressure test duration shall not be less
than twenty-four hours of continuous test both for leaks and material failures.
Buried pipeline of up to 100 meters in length and all surface running pipelines
can be tested for less periods but not lower than (1) hour.
2.8.7.2 Test Code

a) The actual test pressure throughout the duration of test shall not exceed 110% of
the minimum yield strength of the pipe material, hence the testing equipment shall
be preset not to produce more than this pressure during the test.
b) The test medium shall be water;
c) All buried pipelines shall be tested to a pressure not less than 1.25 times the
maximum designed operating pressure.
d) Surface pipeline transmitting liquid petroleum or gas shall be tested up to a
pressure not less than 1.4 times the maximum designed operating pressure.
e) All pipelines shall be tested to a minimum pressure of not less than 700
kilopascals.
30
f) The maximum test pressure in all cases shall not result in a hoop stress, greater
than 110 percent of the specified minimum yield strength of the pipe material
based on its nominal wall thickness.
g) Valves and fittings on the pipeline under test shall not be subjected to a pressure
greater than the manufacturer’s test pressure rating during the test.
2.8.8 Corrosion Control
The following shall constitute the minimum requirements and the procedure for cathodic
protection of ferrous pipe and its components from internal and external corrosion the
design of which shall generally follow the specifications and procedures prescribed in
NACE RP 0169 and section 10.1&10.2 of API RP 1160 managing pipeline system integrity
and external corrosion control of buried or submerged pipeline.
This shall consist of application of coating to the pipeline and its cathodic protection to
achieve the following objectives: -
a) Protective Coating
i. Shall be applied in such a way that it will mitigate corrosion and adhere to the
pipe metal surface sufficiently enough such that it will effectively resist under
film migration.
ii. Shall be ductile and strong enough to resists cracking and damage during handling
an under soil stress.
iii. Shall be compatible with any supplemental cathodic protection and if is an
insulating type material shall have low moisture absorption.
iv. Shall be applied in such a way that no irregularities protrude through it and no
holiday gaps exist in the coating all along the whole length of the pipeline.
v. The points of connection of any attachment to pipeline shall be equally sealed with
the coating, together with the attachments themselves.
b) Cathodic Protection System
i. This shall be provided by either a galvanic anode or impressed current anode system
installed in such a way that it mitigates corrosion and contains method of
determining the degree of cathodic protection achieved on the pipeline. The criteria
for the selection of an appropriate protection system shall be as listed in section19
7 paragraph 7.5 of NACE standard RPO 169 and relevant subsequent provision.
ii. The system shall be installed not later than one year after the laying of the pipeline
in such a way that the pipe coating at the points of installation are in place.
iii. The cathodic protection system shall be electrically isolated at all interconnections
to other pipeline systems or structures except where the two structures are mutually
protected by the same system.
iv. The cathodic system shall be protected against damage by atmospheric electrical
discharges, underground cables and power lines.
31
v. Except for underwater pipelines, sufficient test leads shall be installed on buried
pipelines for occasional check of the effectiveness of the cathodic protection to be
carried out by electrical measurements. Such test stations shall include all pipe
casing installations, insulating joints, all crossings and main manifold junctions.
vi. A minimum separation of 3 meters shall be maintained between electric
transmission tower footings, ground cables and earthlings, power lines and the
pipelines under protection.
c) Monitoring of Cathodic Protection Systems
i. Cathodic protection facilities shall always be maintained in serviceable condition

and be electrically tested and inspected once a year with appropriate corrective
measures taken where such inspections reveal any weakness in the system.
However, all sources of impressed current rectifiers and other associated devices shall be
inspected and tested at quarterly intervals to ensure that they are functioning properly.
2.8.9 Gas Transmission And Distribution Pipeline
2.8.9.1 General Design Considerations

Scope: Design, fabrication, installation, inspection, testing of LPG transmission and
distribution systems.
2.8.9.1.1 Design Criteria and Materials Specifications

Applicable standard shall be the ANSI/ASME B31-8 under the Title “Gas Transmission
and Distribution Piping Systems”
a) All materials to be used shall generally conform to the specifications in appendix B

of the reference Standard ASME B31.8 for the structural materials of the line pipe,
valves, fitting s and flanges, bolting and tubing.
b) The pipelines shall be generally seamless or of the ERW and SCAW types.
c) Weld ability of the ferrous pipe material shall be tested in accordance with the
requirements of API standard 1104 ASME Section IX.
32
2.8.9.1.2 Design, Construction Testing of Gas Pipeline
Applicable Standards and Specifications
a) The standards and codes specified in ANSI/ASME B31.8 and National Association
of Corrosion Engineers Standards RPO169 generally referred to as NACE standard
RPO169 shall be followed in the design and construction of gas pipelines and their
corresponding corrosion control installation respectively.
b) Long distance gas transmission pipelines shall be made of steel, the design and
construction of which shall be governed by the population density indices specified
in ANSI/ASME B31.8 and the corresponding design factors. Also the specified
construction types of pipelines in the proximity of main roads and railroads and the
mode of their crossing shall be complied with.
c) The minimum depth of burial shall be as specified but where these minimum depths
cannot be achieved or the pipeline at these points shall be encased, bridged or
specially reinforced to withstand any anticipated external load.
d) All buried pipelines to be protected against corrosion.
e) Inspection of pipeline construction materials and its appurtances, welding, ditching,
stringing and the general installation shall follow the procedure of the ANSI/ASME
B31.8.
2.8.9.2 Operation And Maintenance Of Gas Pipelines.
This shall be as specified in the provisions of NACE standard RP1069 shall be followed in
the design and maintenance for the associated corrosion control system of the pipeline.
Any gas pipeline that will not be put into use for more than six months after construction
shall be filled with inert gas or nitrogen and if it is to be put into use after one year of
completion shall be pressure tested before being put into use
2.8.10 LPG Compressors

Gear driven compressor shall be used. There shall be a minimum of two compressors, one
on duty and one on standby.
Compressor shall be provided with the following features as a minimum: -

• Pressure gauges in suction and discharge.
• Temperature gauge in discharge
• Discharge safety valve and a vent valve, their outlets leading to flare.
• Suction and discharge block valves (lock open type)
• Suction strainer
• Check valve in discharge
• A discharge to suction recycle valve for achieving capacity turndown during start-
up.
33
Other indications/ protections may also be provided along with those recommended by
compressor manufacturer and installed according to manufacturer’s instructions.
2.8.10.1 Air Compressor
The quality of instrument air shall conform to the following specifications:
• Pressure 7 Kg/sq.cm. g
• Moisture Dew Point, 19°C at 7 Kg/sq.cm. g
• Quality Oil free
For the plant air/ service air, the specifications are given below:
• Pressure 7 Kg/ sq.cm. g
• Moisture No free moisture
• Quality Oil free
Air compressor to be installed on a Duty and Standby (Redundancy) basis.
2.8.11 Metering System

Two Positive Displacement Meters (PDM), one on duty and one on stand-by will be
provided at receipt terminal at LPG plant area used for custody transfer as well as leak
detection purpose. Suitable filtering facility shall be used before metering. Meter Prover to
be provided.
2.8.12Electrical Area Classification

All electrical fittings/equipment to be of Flame-proof type in hazardous areas.
2.9 Instruments
• The storage tanks shall have minimum two differential type of level indicators and
one independent high-level switch.
• One level indicator shall be float type and the other may be differential pressure
(DP) type or any other proven type.
• DP type level transmitter shall either be sealant filled type or LP side tubing heat
traced.
• High level alarms shall be set at not more than 85% level of the volumetric capacity
of the sphere.
• Audio visual indication shall be at local panel & control room.
• The relieving load for the safety valves, (minimum 2 nos. installed, each having
100% relieving capacity) shall be based on fire condition and no credit shall be
taken for fire proofing on the vessel.
• For safety reasons, the discharge of safety valves shall be connected to flare system
wherever available. In this case Pressure Safety Valves (PSVs) shall have lock open
(or car seal open) type isolation valves on both sides of Pressure Safety Valves.
• A weep hole with a nipple at low point shall be provided on the vent pipe in order
to drain the rain water which may get accumulated otherwise. Weep hole nipples
34
shall be so oriented that in case of safety valve lifting and consequent fire, the flame
resulting from LPG coming out from weep hole does not impinge on the sphere or
structure. A loose-fitting rain cap with a chain (non-sparking) fitted to vent pipe
shall be provided on top of PSV.
2.10 Safety/ Security System

The features of safety/ security system for the different areas in the LPG terminal shall be
as follows: -
2.10.1 Fire Water Storage
i. Water for the hydrant service shall be stored in above ground tank,2500M3 of steel
or concrete. The effective storage capacity shall be not less than 4 Hrs. aggregate
working capacity of Fire Water pumps.
ii. Storage tank/ reservoir shall be in two inter connected compartments (or two
separate tanks) to facilitate cleaning and repairs.
2.10.2 Fire Water Pumps

i. Flooded suction centrifugal type fire water pumps shall be installed to meet the
designed fire water flow rate and head.
ii. An automatic (pressure switch operated auto start-stop) jockey pump of capacity 7
Kg. /cm2 to maintain this pressure at the farthest end of the hydrant system.
iii. The fire water pump(s) including the stand by pump(s) shall be of diesel engine
driven type. The pumps shall be capable of discharging 150% of its rated discharge
at a minimum of 65% of the rated head. Each engine shall have an independent fuel
tank of suitable size for 6 Hrs. continuous running.
iv. Fire water pump house/ Fire water tanks or reservoir shall be located at least 60 M
(minimum) away from LPG sphere.
2.10.3 Fire Hydrant Network

i. A fire water ring main shall be provided all around perimeter of the LPG Plant
facilities with hydrants/ monitors spaced at 30 metres centre to centre. Fire hydrants
and monitors shall not be installed within 15 metres from the facilities/ equipment
to be protected.
ii. External fire hydrants shall be installed at strategic places.
iii. Fire hydrant network shall be in closed loops to ensure multidirectional flow in the
system. Isolation valves shall be provided to enable isolation of any section of the
network without affecting the flow in the rest. The isolation valves shall be located
normally near the loop junction. Additional isolation valves shall be provided in the
segments where, the length of the segment exceeds 300 metres.
iv. Fire hydrant ring main shall be laid at a height of 300 mm to 400mm above finished
ground level except at road crossings where the pipelines shall be laid underground.
v. The mains shall be supported at regular intervals not exceeding 6 meters.
35
vi. The system for above ground portion shall be analyzed for flexibility against
thermal expansion and necessary expansion loops shall be provided where
necessary.
If Fire water ring main is laid underground the following precautions shall be taken: -
i. The Ring main shall have at least one meter earth cushion in open ground and
1.2 metres cushion under the road crossings.
ii. The Ring main shall be provided with protection against soil corrosion by
suitable coatings/ wrappings.
iii. In case of poor soil conditions, it may be necessary to provide concrete/ masonry
supports under the pipe line.
iv. Fire water ring main shall be sized for 120% of the design water rate. Design
flow rates shall be distributed at nodal points to give the most realistic way of
water requirements in an emergency.
v. Hydrants/ monitors shall be located bearing in mind the fire hazards at different
sections of the premises to be protected and to give most effective service.
vi. Hydrants/ monitors shall be provided for every 30 metres in case of hazardous
areas and may be spaced 45 metres in other areas.
vii. Connections for fire water monitors shall be provided with independent isolation
valves.
viii. Hose boxes with 2 nos. hoses and a nozzle shall be provided between the hydrant
points.
ix. Considering radiation levels in the event of a fire hydrants/ Monitors/ Control
valves shall be located at a safe distance (minimum distance of 15 metres) and
from hazardous equipment/ buildings.
x. The deluge valves shall be located outside the kerb wall at a safe distance in case
of LPG spheres / bullets. A fire wall shall be provided for the protection of
deluge valve and for operating personnel.
2.10.4 Material Specifications

All the materials used in fire water system using fresh water shall be of approved type as
indicated below.
In case of sea water service, the fire water main pipes shall be concrete mortar lined
internally.
i. Pipes Carbon Steel
ii. Isolation Valves Cast iron/ Cast Steel
iii. Deluge valves Cast iron/ Cast steel
iv. Hydrant Stand post Carbon Steel Outlet valves Gunmetal/ Aluminium
v. In case of underground mains, the isolation valves shall be located in brick masonry
chamber.
36
vi. The above ground fire water main and the fire hydrant stand post shall be painted
with corrosion resistant "Fire Red" paint.
vii. Water monitor and hose box shall be painted "Luminous Yellow'.
2.10.5 Medium Velocity Spray Sprinkler System

i. Medium velocity sprinkler system based on heat and other detection shall be
employed.
ii. Quartzoid Bulb protection can be provided in open areas. The Quartzoid Bulbs
designed to blow at 79 deg. centigrade (max.) and Quartzoid Bulb network shall be
maintained with plant air at a pressure of about 3.5 Kgs/sq.cm. g through a
restriction orifice and is such that the discharge of air through one Quartzoid Bulb
will depressurise the downstream side of the restriction orifice.
2.10.5.1 Automatic Detection System

The Electro pneumatic heat detectors can be provided in the sheds and they work on the
following principle:
• Rate of rise - 10 deg. C of temperature rise/minute.
• At 79 deg. C (max.)
The EP detectors are divided into groups and alternate detectors are connected in one circuit.
Two detectors from two different groups shall function/ operate for actuation of sprinkler
system. The actuation of detectors shall initiate the Opening of deluge valve.
1. Audio-visual alarm at the fire pump house/ control panel.

2. Fire siren.
3. The diesel pump will start based on their set pressure to supplement/ to maintain
the fire water pressure in the ring main
2.10.6 First Aid Fire Fighting Equipment

2.10.6.1 Portable Fire Extinguishers
i. Portable fire extinguishers shall be located at convenient and strategic locations and
shall at all times be readily accessible and clearly visible.
ii. The maximum running distance to locate an extinguisher in working areas shall not
exceed 15 metres.
iii. The top surface of the extinguisher shall not be more than 1.5 metres high.
iv. The fire extinguishers shall be provided at various locations
2.10.7 Wheeled/ Mobile Fire Fighting Equipment

i. One No. Mobile 75 Kg DCP fire extinguisher shall be provided in LPG storage
vessels/ LPG Pump House area, Truck loading/ unloading gantry area.
ii. The Dry chemical powder used in the extinguishers shall be Sodium Bicarbonate as
per BS: 5306-4. Nitrogen/ Carbon Dioxide shall be used as expellant gas.
37
iii. A trolley with suitable first aid fire protective accessories shall be readily available
in the LPG terminal.
2.10.8 Hoses, Nozzles and Accessories

i. Reinforced rubber lined hoses (63mm) conforming to IS:636 (type A or B) shall be
provided.
ii. The hoses shall be of 30 meters standard length and shall be provided with
instantaneous male & female couplings.
iii. 50% spare Hoses shall be stored in the LPG terminal. There shall be at least 2 Nos.
spare nozzles in each category viz. Jet Nozzles with branch pipes, Fog Nozzles,
universal Nozzles, water curtain Nozzles, Spray Nozzles and Triple purpose nozzles
in the terminal hose boxes.
iv. The following accessories/ first aid items shall be provided in the terminal: -
1. Fire hoses 100% of no. of hydrant points.
2. Safety helmets as required (Min. 10 Nos.) 1 no. for each
3. Hose Boxes alternate hydrant point.
4. Stretcher with Min. 2 Nos. each blankets.
5. First aid box Min. 2 nos.
6. Rubber hand gloves Min. 2 pairs for electrical purpose.
7. Low temperature 4 pairs rubber hand gloves for LPG emergency.
8. Low temperature Protective Min. 2 sets clothing for LPG emergency.
9. Explosimeter Min. 2 Nos.
10. Fire proximity suit Min. 1 No.
11. Resuscitator Min. 2 Nos.
12. Breathers Min. 1 No.
13. Breathing apparatus with one spare cylinder, (Cap. 30 minutes)
14. Water jet blankets Min. 2 nos.
15. Gas detectors Min. 2 Nos.
16. Audio visual alarms showing the location of gas leakage shall be provided
on the control panel.
17. First level alarm can be set at 20% LEL and second level alarm at 60% LEL.
2.10.9 Terminal Layout Drainage

LPG at atmospheric pressure and temperature is a gas which is 1.5 to 2.0 times heavier than
air and density of the liquid is approximately half that of water and ranges from 0.525 to
0.580 @ 15 degrees C. Since LPG vapour is heavier than air, it will be allowed to flow and
settle down in the Shallow Spill collection sump. Drainage will be sloped away from
storage vessels, property boundaries etc. and towards low incident areas as shown in the
Terminal Layout. Protective clothing such as gloves and goggles shall be worn when there
is any possibility of contact with LPG to prevent frost bite.
38
2.10.10 Safety Distances
Spheres are the most economical form of storage for envisaged capacities 3000 MT of each
vessel.
The safety distances as given are the distances in plane between the nearest point on a vessel
other than the filling/ discharge line and a specified feature, e.g. adjacent vessel, site
boundary etc. The ground underneath or adjacent to connections into LP Gas tanks or LP
Gas ancillary equipment to be concreted or compacted and free from depressions, pits,
culverts or drains.
Separation Distances between Tanks, Important Buildings and Other Properties must be
complied with.
2.10.11 Fire Water System Design

The system comprises of the following elements: -
i. Hydrant system within Terminal/equipment.
ii. Remote/manually operated water deluge sprinkler for LPG spheres.
iii. Water turrets for LPG pumps/ compressors, bulk loading/ unloading area.
iv. Pumping requirement shall be based on NFPA 15:
v. Deluge sprinkler system based on the surface area of one sphere (single
largest fire incident) at a water density of 10 lpm/m².
vi. Min. of 2 Nos. of diesel driven water pumps to provide 100% requirement
plus one no. of electric water pump (50% requirement as standby).
vii. Water storage min. 30 min of aggregate pumping capacity.
2.10.12 Fire Alarm System
i. A sufficient number of manual call points shall be provided in the terminal in

Detail Design.
ii. Electrically operated Fire Siren audible to a distance of minimum 1000m from
the periphery of the terminal.
iii. Manually operated fire sirens shall be provided at strategic places according
to Detail Design.
iv. For fire condition the siren shall be walling sound for minimum `2 minutes
and for all clear signal it shall be straight run siren for 2 minutes.
v. For Disaster condition the wailing sound given shall be repeated thrice with a
minimum 10 seconds gap.
2.10.13 Communication System
• Communication system like telephone/ PA or paging or walkie-talkie shall be

provided.
• In the hazardous areas flame-proof telephones shall be provided.
• Wherever possible Hot line connection between FSL and external agencies
such as Mombasa County Fire Brigade/KPA Fire Station etc. shall be provided
39
2.11 Water Requirement
Water requirement for the proposed project is given in the table below. The required water
will be met from Mombasa Water Supply Company, a borehole within the terminal and
storage tank of sea water tapped from the ocean.
Table 2.3 Project Water requirement
Water requirement for Water Litre/per day

the Project Requirement
1. Domestic 5,000
2. Fire Fighting 83,000
3. Total 98,000
2.12 Power Requirement
Power Requirement for the project will be sourced from Kenya Power and a standby
generator.
Power will be required for the following:
1. Fire Pump Motors
2. Compressor Motor
3. LPG pump Motor
4. Lighting
5. Borehole Pump
6. Socket Outlets
7. Future Capacity
8. Security System
9. Air Conditioning/Ventilation
10. Gas Leak Detection System
11. Instruments
Table 2.4 Project Power requirement
Power Requirement Proposed Capacity Source

Details
Pump motor power 250KVA Kenya Power
Other power 100kva Kenya Power
Emergency power 275kva Diesel Generating set
40
2.13 Other Design Considerations
Kenya has limited number of regulations to guide in design, construction and operation of
liquefied petroleum gas storage and filling station. Subsequently the country relies on
international codes of practice, standards and guidelines for the design, construction and
operation of such facilities. The design of various structural, engineering and physical
works to be employed in the establishment of the liquefied petroleum bulk storage depot
will be in line with the requirements of the Physical Planning Act of 1996, Public Health
Act standards and requirements for sanitary works, the Mombasa County City Council
physical planning standards and regulations for structural and building development, and
the Energy Act, 2012 requirements and standards.
Critical areas of design which will consider these regulations and standards will be;
• The structural and engineering planning standards and requirements in designing
of the building walls, foundations, and the strengthening of various building
slabbing and wall.
• The plumbing works within the buildings involving fixing and piping connections
for sewerage, water and gas.
• Engineering works involving designing of electrical connection within the
buildings, designing the elevator area, electricity substation, storm drainage and
sewerage drainage systems within the buildings, among other activities.
• Mechanical, structural, construction and civil works should be designed and carried
out accordingly.
• The general designing of the different sections of the storage depot to the required
planning standards and requirements.
2.14 Project Construction Activities and Inputs

The construction activities will involve the construction of the hoarding structures to cordon
off the proposed site from the general public, earthworks (ground excavation) in selected
areas, and the construction of building foundations. The sub-sequent construction activities
shall include the following:
• Assembling of the material inputs, equipment, trucks and machineries required for
the proposed construction activities.
• Hiring the required personnel like the environment, health and safety officers,
engineers, human resource persons, security guards, site workers (skilled, semi-
skilled and casual labourers).
• Clearing of the construction site of debris.
• Commencing the construction activities according to the laid down project
implementation timeline, plans and designs.
• Making the final touches on the finished areas.
• Connection to the necessary services such as electricity, sewerage, and water.
41
• Occupation of the liquefied petroleum gas bulk storage depot after the acquisition
and issuance of an occupancy certificate as required by the Physical Planning Act
of 1998 standards and regulations.
2.14.1 Inputs
The proposed development will utilize the following material inputs during the proposed
construction activities:
• Land: - This is where the proposed building’s foundation works will be carried out,
storm drainage systems, sewerage works and underground electric cabling will be
undertaken. The required land has already been acquired and is approximately 7.321
hectares,
• Labour: - Qualified engineers, surveyors, foremen and draughtsman, skilled and
semi-skilled, casual labourers, health and safety officers shall be involved in the
implementation of the proposed project. The proponent shall source local labour as
necessary during the entire project cycle.
• Fuel: - The machines to be used, trucks, tractors, equipment, and lorries will require
fuel to run them during the excavation works, material input supply and
transportation process, concrete mixing, and inspection.
• Material inputs:- The material inputs for the building’s construction work include
cement, sand, tiers and struts, water, stainless steel metal and glass, aggregates,
murram soil, electrical wires for electricity connection, cast iron versatile tiles for
office floor, building stones, aluminium glass for doors and windows, window cills,
UPVC waste drain pipes for drainage systems, hoop irons for walls reinforcement,
hard-core materials, inspection plates at the bends, tar and ballasts for the
construction and tarmacking of the access roads, different colour paints for walls,
fiber board clad for reinforcing masonry block work wall, window casements, water
tanks and water pipes, roofing tiles/materials, spades, wall, glass and steel metal
drilling machines, timber, electric wire mesh for fencing, barbed wire, hand held
tools applicable to the proposed development project among other materials. During
the operation phase of the proposed development, key material inputs for use will
be water, liquefied petroleum gas, and air. The contractor will ensure that no
material inputs will be delivered to the site without being tested and accompanied
by a compliance certificate. All readily supplied materials e.g. cement, will also be
accompanied by compliance certificates from manufacturers.
During the time of field visit proposed site was still in its original condition with the existing
developments within the area remaining intact.
42
2.15 Project proposed works
The project will be implemented in phases starting with the most critical project works and
the most needed facilities/structures.
The proposed project works will include;
1. General designing and planning of the proposed liquefied petroleum gas storage
depot.
2. Construction work which will involve mainly
a. Treating of soils under slab and around external foundation for termite control.
b. Construction of building foundations.
c. Civil work which will involve mostly stabilizing of soils on cut embankment.
d. Structural work which will involve implementing all RC works to structural
engineer’s details, determining the depth of the building foundation to
structural engineers’ approval and reinforcing of all walls of thickness with
hoop iron.
3. Mechanical works which will mainly include all plumbing and drainage works, all
floors accessible service ducts, inspection plates and all bends, deep seal or anti-vac
to all fittings connected to the SVP‟s and waste pipes, encasing of underneath drain
pipes, testing of pipes before plastering, and the coordination of mechanical and
electrical works.
4. Electrical works which will involve laying of all conduits, and coordination of
electrical and mechanical works.
5. Fire work which will consist of installation of water ring main in water fire hydrant,
provision of underground water tank with automatic electric booster pump for ring
main, provision of automatic push button fire alarm system, and provision of heat and
smoke detectors in each room, nine (9) kilogram dry powder fire extinguishers to
structural engineer’s specifications.
6. Control systems installation including water supply control & fault detection system,
power supply control & fault detection system including generators, lighting control
& fault detection system, air conditioning, air quality, ventilation control & fault
detection system, fire sprinkler, detection & alarm control & fault detection system.
7. Mobilisation of required equipment, machineries, labour, and plants for soil
excavation, levelling, compacting and material transportation, concrete mixers and
transporting trucks.
8. Identification, acquisition, supply and transportation of the required construction
materials to the site.
9. Proposed site vegetation clearance, excavation (earthworks) works, land filling and
levelling of the ground.
10. Masonry work, concrete mixing, plumbing and steel metal processing (fabrication).
11. Roofing works, landscaping, gardening, and
12. Occupation of the buildings upon the inspection and issuance of an occupation
certificate.
43
2.16 LPG Facility Site Requirements
2.16.1 Location
While assessing the suitability of any site for location of LPG storage facilities, the
following aspects are considered:
• In addition to the requirements for safety distances as given, the location of residential
quarters, other industries, public railways, public roads, public waterways, overhead power
lines, working areas etc. based on risk analysis study of the proposed site should be taken
into account as required by the Statutory/Standards and Code regulations.
• Adequate availability of water from a nearby reliable source of water should be ensured.
• The topographical nature of the site with special reference to its effect on the disposal of
escaping LPG shall be considered.
• The access of mobile firefighting equipment to the storage vessels under all foreseen
circumstances, preferably from two sides and upwind (prevailing wind) is an important
parameter.
• Predominant direction of wind and velocity shall be considered.
• Storage vessels shall be located downwind of tank lorry/wagon gantries and other potential
ignition sources at lower elevation.
• Storage vessels shall not be located within the same dykes where other flammable liquid
hydrocarbons are stored.
• Storage vessels shall be laid out in single row each sphere forming a group. Spheres shall
be grouped together and will be provided with a piping manifold.
• Storage vessels shall not be located one above the other.
2.16.2 Accessibility
The connectivity of the site is as follows: -
i. Airport connectivity - The site is about 3 Km away from the Moi international
Airport.
ii. Rail connectivity- The site is in KRC yard for Meter Gauge railway and about4
Km away SGR Freight Terminal.
iii. Road connectivity- The site is about 100m from A 109, Mombasa-Nairobi
Highway
2.16.3 Concept Design Pipe Line from Mombasa Port to Storage Tanks
In this report, it is proposed that the existing SOT gantry be used for LPG ship offloading,
having taken into account distance, existing gantry facility, way leave availability,
possibility to share pipeline, terrain etc.
Tie in to the existing 8” KPC/KPRL oil pipeline at a suitable point and tee-off to the LPG
Common user facility.
44
Figure 2.6 FSL LPG Preliminary Mechanical Design
45
2.17 Natural Condition for Design
Mombasa is located at Longitude 39 Degrees 40 Minutes East and Latitude 4 Degrees 4
Minutes South (KPA Headquarters) on the East Coast of Kenya, facing the Indian Ocean.
Mombasa belongs to the tropical monsoon area.
2.17.1 Wind
There is the Northeast Monsoon (Kazikazi)from December to February, which is “the dry
season” and the Southwest Monsoon (Kusi)from April to October, “the rainy season.” There
are the Inter Monsoon Seasons (March-April and September-November). During the NE
Monsoon, according to UNEP (1997), 50% of wind blow from the East (maximum:
7.7m/sec, average: 5m/sec), 29% from Northeast (maximum: 4m/sec, average: 3m/sec),
21% from the North (maximum: 2m/sec, average: 1m/sec). In the Southwest monsoon 75%
of wind blow from the South (maximum: 9.0m/sec, average: 5m/sec), 25% from the
Southwest (maximum: 5m/sec, average: 4m/sec).
The maximum wind, ever recorded at Moi International Airport in the past 10 years from
1995 to 2005, was 22.5m/sec from 120 degrees (counted from the North), i.e. from the ESE
direction, which occurred in the months of July and August.
The above wind data imply that the operations in the Mombasa Port are seldom affected by
wind.
2.17.2 Temperature
According to UNEP, in Mombasa, the highest temperature of 33°C on average occurs in

February, and the minimum temperature occurs in July, or about at 20°C.
2.17.3 Rainfall
The maximum rainfall occurs in May, 240mm/month, and minimum in January and
February, less than 20mm/month. The rainfall intensity is one of the most important design
conditions in LPG terminal project. This is because the LPG terminal requires a broad yard
area, and its drainage system becomes an important consideration.
2.17.4 Lightning
Protection is required in tropical countries due to possible lightning strikes.
2.18 Products and by-products
The expected product from this development project is 6,000MT LPG Common User
Terminal and its associated facilities, designed sections and partitions as per the design and
approved project plans. However, the product of this assessment is the detailed compiled
Environmental and Social Impact Assessment report encompassing all study findings for
submission to NEMA. The expected by-products from the project are left over plant slabs,
46
excavated overlaying soil wastes from the site, solid and liquid wastes from sanitary
facilities, used cement bags, used oil from equipment, trucks and machineries which does
not constitute significant by-products from the proposed development.
2.18.1 Waste
There will be liquid, solid and gaseous wastes from the project site. These will be from
project activities during construction, operation and decommissioning phases. Wastes
during the operation phase will include used papers, cement bags, cans, bottles, metal chips,
timber wastes, organic wastes, plastic wastes, containers and effluent wastes from sanitary
facilities while wastes from decommissioning phase will include salvaged equipment, sign
boards, left over steel metals, plant slabs among others.
2.18.2 Waste Management
The principle objective of waste management program is to minimize the pollution of the
environment as well as to utilize the waste as a resource. This goal should be achieved in a
way that is environmentally and financially sustainable.
• Solid Waste: Solid wastes that are anticipated include paper from the cement bags,
concrete slabs, organic wastes, sawdust, plastic paper bags and metals used for the
construction. The technologies for the management of the solid wastes will
incorporate the segregation of the waste at the source, collection into a central
location (skip) then transportation of the waste for final disposal at a designated
garbage dump site by a contracted NEMA licensed waste handler.
• Liquid waste: This will include effluent from toilets and bathrooms at the
construction site during operation phase. At the proposed site, waste water from
the site construction activities will be channeled through constructed storm
drainage system into the connected existing sewer line for safe disposal, and which
has been constructed to the required standards as per the Physical Planning
regulations and Public Health Act requirements at the project site. Sanitary
facilities like the bathrooms and pit latrines will also be used for the management
of liquid waste which shall be decommissioned at the end of this project. Used oil
and grease from workshops shall be stored in plastic containers for safer depositing
or be taken back to the respective dealers.
• Demolition wastes: Wastes from demolished structures are classified as
demolition wastes. The constituents of this waste are stones, concrete slab, cement
plaster, steel metals and plumbing pipes for water/gas/oil etc. These shall be used
elsewhere and those that cannot be re-used shall be taken to approved dumpsites
run by NEMA licensed waste handlers who have complied with the Environmental
Management and Coordination (Solid Waste Regulations) Act of 2006
requirements.
47
2.19 Decommissioning Phase
It marks the end of the facility life span during which the proposed project structures and
facilities are demolished, concrete slabs removed and the resulting site rehabilitated in
phases as per the outlined rehabilitation plan to a near original state as required by the laws
on environmental management.
2.20 Project Cost

The proposed 12,000MT common user liquefied petroleum gas facility is estimated to cost
USD 16,000,000 (See attached BoQ)
The cost will be spread throughout the project cycle. The project proponent has in place
most machineries, construction material inputs, labour, and equipment needed for the work.
These equipment and machineries are haulage vehicles, concrete mixing and transporting
trucks, aggregate materials, all tools and equipments plus the needed human labour (skilled,
semi-skilled and casual labour).
48
CHAPTER THREE: BASELINE INFORMATION
3.1 Project Location
The proposed project site plot is within an industrial area in Changamwe, Mombasa County.
The site is located at approximately 4Km North of the Port of Mombasa and about 3Km
from the hub of Moi International Airport, Mombasa. The area hosts other oil terminals
such as Kenya Pipeline Company Total Energies, Kenya Petroleum Refineries Limited
(KPRL)and Hashi Energy Limited. Abutting the plot to the west is the meter gauge railway
line and both permanent and temporary human settlements, Mosques and schools. The
proposed project site is on geographical positioning system coordinates Latitude 4° 0’
39.58092” S and Longitude 39° 37’ 0.4926” E.
3.1.1 Site Ownership

The proposed site is owned by the project proponent Fossil Supplies Limited by leasing
from Kenya Railways Corporation (see appendix).
3.2 Administrative Units

The County is divided into six Sub-Counties of Mvita, Nyali, Changamwe, Jomvu, Kisauni,
and Likoni, and has thirty county assembly wards, thirty locations and fifty-seven
sublocations. The proposed project site lies within in Changamwe Sub- County.
Figure 3.1 Mombasa County Map
49
3.3 Physical Environment
3.3.1 Topography:
The County lies within the Coastal lowland which rises gradually from the sea level in the
East to about 132m above sea level in the mainland. The terrain is characterized by three
distinct physiographic features of coastal plain, covering parts of the South Coast; the
Island; and the hilly areas that rises gently from 45m to 132m above sea level. Other key
physical features include, the fringing coral reefs, cliffs and tidal flats, sandy beaches, the
coastal plain and a hilly severely dissected and eroded terrain. There is also the broken and
severely dissected and eroded belt that consists of Jurassic shale overlain in places by
residual sandy plateau, found in Changamwe Division. Finally, there is the undulating
plateau of sandstone that is separated from the Jurassic belt by a scarp fault. The proposed
project site is a flat terrain.
3.3.2 Soils:
The soil types are broadly associated with the geological formations along the
physiographic zones in the county as detailed by Ministry of Agriculture (1988).
The project site has predominantly loam soil which favours the proposed construction
works.
3.3.3 Water Resources and Sanitation

The reticulated water supply system is owned and managed by Mombasa Water and Sewage
Company and comes from Mzima Springs in Taita-Taveta County, Marere, and
Sabaki/Baricho in Kilifi County and Tiwi Boreholes in Kwale County. The supply only
meets 65 percent of the county water demand. Because of its highwater table favourable for
sinking boreholes and wells to supplement the piped water supply it is approximated that
close to 6,245 wells and 6,941 boreholes (GoK 1999) have been sunk so far. The county
has three permanent springs, water pans and a number of boreholes operated by private
investors, NGOs and local CBO’s in the rural areas. Natural drainage in the county is mainly
formed by semi-perennial rivers and streams like rivers Kombeni and Tsalu that drain into
the Indian Ocean. There are three permanent springs in the rural parts of the county. The
proposed project site is connected to the Mombasa Water and Sewerage Company Limited
main water pipeline for piped water supply.
3.3.4 Climate, Rainfall, Temperature and Disaster Risk Vulnerability Profile

Climate is influenced by monsoon winds with the rainfall pattern being characterized into
long rains (April – June with an average of 1,040 mm) and short rains (end of October -
December with an average of 240mm). The annual average rainfall for the county is
640mm. The annual mean temperature in the county is 27.9 degrees Celsius with a
minimum of 22.7degrees Celsius and a maximum of 33.1degrees Celsius. The hottest
month is February with a maximum average of 33.1degrees Celsius while the lowest
temperature is in July with a minimum average of 22.7degrees Celsius. The climate regime
in the county has led to two major agro-climatic zones which support existing coastal
50
forests, marine and terrestrial ecosystems. The project area experiences the same climatic
conditions as the larger Mombasa County.
3.4 Biological Environment
3.4.1 Flora
The county has a natural forest cover of approximately 300 ha and 138ha acres of agro
forestry. The county has three main mangrove forests that are protected by the Kenya
Forests Service. The vegetation of the project area includes grass and grown indigenous
vegetation.
3.4.2 Fauna
The County is home to buffaloes, wildebeests, giraffes, hippopotamus, tortoise and a
multiplicity of birds and butterflies. The proposed project site does not have any endemic
wildlife species except the small insects and birds which cannot be greatly affected by the
proposed project activities.
3.4.3 Forests
The county has a natural forest cover of approximately 300 ha and 138ha acres of agro
forestry. It hosts three main mangrove forests that are protected by the Kenya Forests
Service. There are 8 species of mangrove trees and shrubs found along the Kenya coast
Rhizophora mucronata, Ceriopstagal, Bruguieragymnorrhiza, Sonneratia alba,
Xylocarpusgranatum, Avicennia marina, Lumnitzeraracemosa and Heritieralittoralis. The
mangrove swamps along the Kenyan coast cover approximately 53,000 hectares.
3.5 Land Use and Zoning

Land in Mombasa County has number of land tenure regimes which include public land,
private land and community owned land. Land use zoning includes mainly for residential;
industrial and warehousing; physical infrastructure; social amenities; urban; agriculture;
mining; and tourism activities. The proposed site is situated within the industrial area in
Changamwe area within. The proponent has acquired a change of user permit from
industrial purposes to petroleum storage thus making it compatible with other development
activities in the area ruling out any future development conflicts.
3.6 Infrastructure
3.6.1 Roads, Harbour and Rail Network

The County has a total of 257.17Km of bitumen surface roads, 127Km of gravel surface
roads and 91.29 Km of earth surface roads in the county. The County has 10 Km of railway
line and three railway stations. The County has one international airport and other smaller
airstrips. The county well covered telecommunication and host both private and
government communication facilities. The port of Mombasa is a key resource and the
gateway to the East and Central African region. The port serves the entire region’s export
51
and import needs. Currently, the port has 19 deep-water berths with two additional berths
nearing completion and two oil terminals. The proposed project site is accessed through
Mombasa to Nairobi Road.
3.6.2 Energy supply and Access

The main source of energy is electricity supplied by the Kenya Power and Lighting
Company. Other sources of energy include solar, gas and diesel-powered generators. Gas
is used mainly for cooking and industrial purposes. According to a report by KNBS & SID
(2013) Mvita constituency had the highest level of LPG use in Mombasa County at 23%
which was almost eight times that of Likoni constituency, which had the lowest share at
3%. Mvita constituency was 14 percentage points above the county average. The report
further found out that Shimanzi/Ganjoni ward had the highest level of LPG use in Mombasa
County at 31%. This is 31 percentage points above Mwakirunge ward, which had the lowest
share. Shimanzi/Ganjoni was 22 percentage points above the county average. The proposed
project area is well connected to the Kenya Power and Lighting Company’s national grid
for energy supply. Additionally, the proposed project site will have an automatic generator
as an alternative source of energy in the absence of electricity supply.
3.6.3 Water
The main water sources are wells and boreholes. The reticulated water supply system in the
county is owned and managed by Mombasa Water and Sewerage Company. This water
supply comes from Mzima Springs in Taita Taveta County, Marere and Sabaki/Baricho in
Kilifi County and Tiwi Boreholes in Kwale County. It is estimated that the water supply
only meets 65 per cent of the County’s water demand. There are 6,245 wells, 6,941
boreholes, three permanent springs, water pans and a number of boreholes operated by
private investors, NGOs and local CBOs. The project area is well connected to the piped
water supply from Mombasa Water and sewerage Company Limited which is adequate and
reliable.
3.6.4 Telecommunication and Postal Network

Telecommunication and postal services are available in literally every part of Mombasa
County. The project area is well served with all the mobile phone network providers and the
wireless phone connections including Safaricom, Airtel and Telkom. The project area is well
connected to the various key communication networks.
3.7 Socio-Economic profile

3.7.1 Population Size and Composition
According to the 2009 Kenya Population and Housing census the total population of the
county was 939,370 people comprising 484,204 males and 455,166 females. It was projected
to reach 1,051,825 in 2012 and rise to 1,271,920 persons by 2017.
52
3.7.2 Cooperatives, Trade, Commerce and Financial Institutions
There over 38 banks and several microfinance institutions within the county which are
important institutions as they offer credit facilities. The county has over 214 registered
cooperative societies and a total membership of 35,987. The number of active women
groups and youth groups in the county are 877 and 884 respectively while self-help groups
in the county are 782. There are several NGOs in the county with the main ones being DSW,
WOFAK, CWD, EAWS, SOLWODI, ICRH (K), KANCO, AHF (K), MYWO, The Kenya
Red Cross Society, Action Aid (K), World Vision, APHIA Plus Coast and Care
International.
3.7.3 Agriculture, Livestock and Fisheries
The main crops under cultivation in the county include cassava, cucurbits family, maize,
vegetables, millet and sorghum. The total acreage under food crop stands at 400 ha while
the total acreage under cash crop is 500 ha. The county has a considerable number of
domestic livestock kept for domestic and commercial purposes. The main livestock bred in
the county include goats, sheep, cattle, and poultry. The county has 65 Km2 of open water
and an Exclusive Economic Zone extending 200 nautical miles into the Indian Ocean. There
are 14 fish landing sites and one fish processing plant.
3.7.4 Education Institutions
The County has a total of 645 primary schools, 95 public and 550 private, 28 public
secondary schools, four youth polytechnics, one technical training institute (Mombasa
Technical Training Institute) and a teacher training college (Shanzu Teachers Training
College). There is one chartered public university (the Technical University of Mombasa)
and many satellite campuses of public universities. Additionally, there are 770 ECDE
centres within the county, 85 public and 685 private centres.
3.7.5 Markets and Urban Centres
The entire county is characterized as an urban area with different zones such as industrial,
low, medium and high-density residential areas, the central business district, sub-urban, peri
urban and informal settlements.
3.7.6 Mining
The Mining activities in the County are minimal with the notable mining activity being
limestone mining by Bamburi Cement factory in Kisauni Sub- County and scale extraction
of coral blocks in some parts of the county. It offers prospects for sea bed mining with a
number of companies currently undertaking seismic survey within the county’s off shore
prospecting oil, gas and coal deposits.
3.7.7 Tourism
The major tourist attractions include ancient tourist attractions and world heritage sites
among them Fort Jesus Museum (a UNESCO World Heritage site), the Likoni Ferry
Services and the gigantic Elephant Tusks mould, old town, the old Port, sandy beaches, the
Mombasa Marine Park, Haller Park and Butterfly Pavilion. There are over 430 beach and
53
tour operator firms that provide various tourist-related services. The county has over 201
registered hotels and lodges with a total bed capacity of about 8,000 beds and average
annually bed occupancy of 64 percent.
3.7.8 Employment
Major employers include the hotel industry, Kenya Ports Authority, Government of Kenya,
Container Freight Terminals and various private institutions such as banks. A significant
number is also employed by offering services shipping lines, ship repair, servicing yards,
container freight stations, transport, clearing and forwarding firms and grain bulk handling.
Majority of the employment is found in the formal sector. The total county labour force
stands at 545,303. Unemployment rate stands at 15 percent. County unemployment rate is
much higher than the natural unemployment rate (NUR) of between 4% and 6%. The
proposed project will help create many job opportunities for the local people.
3.7.9 Health
The county has one level five hospital, two level four hospitals, over 35 public dispensaries
and health centres, 18 clinics and 4 special clinics.
54
CHAPTER FOUR: POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK
4.1 National Legal Framework
4.1.1 The Constitution of Kenya, 2010

The Constitution of Kenya Article 42, on the environment provides that every person has
the right to a clean and healthy environment which includes the right to have environment
protected for the benefit of the present and future generations. Article 69, of the Constitution
provides for the establishment of systems of environmental impact assessment,
environmental audit and environmental monitoring. The Constitution also states that the
State shall eliminate processes and activities that are likely to endanger the environment
and the State shall utilize the environment for the benefit of the people of Kenya. The
Constitution of Kenya clearly states that every person has a duty to cooperate with State
organs and other persons to protect and conserve the environment and ensure ecologically
sustainable development and use of natural resources.
These environmental rights are enforceable in a court of law (Article 70). Land must be
used in a sustainable manner, and in accordance with the principles of sound conservation
and protection of ecologically sensitive areas. The State may regulate the use of any land
or right over any land in the interest of land use planning (Article 66). The Constitution thus
gives recognition to public, community and private land. Land use regulation goes beyond
exploitation merely for economic purposes, and lays emphasis on conservation.
Article 174 of the Constitution sets out the objects of devolution of government, which
include: (a) giving powers of self-governance to the people and enhancing their
participation in the exercise of the powers of the State and in making decisions affecting
them; (b) recognizing the right of communities to manage their own affairs and to further
their development; (c) protecting and promoting the interests and rights of minorities and
marginalized communities; (d) promoting social and economic development and the
provision of proximate, easily accessible services throughout Kenya; (e) ensuring equitable
sharing of national and local resources throughout Kenya; and (f) facilitating the
decentralization of State organs, their functions and services, from the capital of Kenya.
The Fourth Schedule of the Constitution sets out the functions devolved to the county
governments, including agriculture; county health services; control of air and noise
pollution; cultural activities; county transport; animal control and welfare; county planning
and development; pre-primary education; implementation of specific national government
policies on natural resources and environmental conservation; county public works and
services and fire-fighting services and disaster management.
The proposed project activities will ensure that the ecological processes and the
environment are not severely damaged through proper implementation of the proposed
mitigation measures put in place to ensure that the project construction, renovation,
installation and operation activities do not adversely affect the surrounding environment.
55
4.1.2 Vision 2030
Kenya Vision 2030 is the country’s new development blue print covering the period 2008
to 2030. The blue print aims at transforming Kenya into a newly industrializing “middle-
income country providing a high-quality life to all its citizens by the year 2030. The Vision
is based on three “pillars”; the economic, the social and the political. The adoption of Vision
2030 came after the successful implementation of the Economic Recovery Strategy for
Wealth and Employment Creation (ERS) which has seen the country’s economy back on
the path to rapid growth since 2002 when Gross Domestic Product (GDP) grew from a low
of 0.6% and rising gradually to 6.1% in 2006, one of the foundations for Vision 2030 is
infrastructure. The Vision aspires for a country firmly interconnected through a network of
roads, railways, ports, airports, water and sanitation facilities, and telecommunications. In
this Vision to ensure that the main projects under the economic pillar are implemented,
investment in the nation’s energy sector is given the highest priority. The proposed
development project will promote the economic growth of the locality and transport sector
during construction and operation phases and help propel Kenya to a middle-income
country as envisioned in the Vision 2030 development plan by developing the energy sector,
one of the key target sectors in the plan.
4.2 National Policies

4.2.1 The National Environment Policy, 2013
The National Environment Policy aims to provide a holistic framework to guide
environmental and natural resource management in Kenya. It also ensures that the link
between the environment and poverty reduction is integrated into all government processes
and institutions in order to facilitate and realize sustainable development at all levels in the
context of a green economy, enhancing social inclusion, improving human welfare, creating
employment opportunities and maintaining a healthy functioning of the ecosystem.
This policy presents the framework to deal with the ever-growing environmental issues and
management challenges in Kenya like harmonizing of sectoral policy instruments with the
Environmental Management and Coordination Act and the Constitution, implementing the
Land Policy, valuing of environmental and natural resources, rehabilitating and restoring
environmentally degraded areas, loss of biodiversity, concessions and incentives,
urbanization and waste management, pollution, energy, climate change and disaster
management, conservation of shared natural resources, invasive and alien species, public
participation, environmental education and awareness, data and information, poverty, weak
enforcement, and fragmentation.
4.2.2 National Policy on Water Resources Management and Development (Sessional

Paper No.1 of 1999)
• The four specific objectives guiding in the management of water resources in Kenya
include; Preserve, conserve and protect available water resources and allocate it in
a sustainable, rational and economic way;
56
• Supply water of good quality in sufficient quantities to meet the various water needs,
including poverty alleviation, while ensuring the safe disposal of wastewater and
environmental protection;
• Establish an efficient and effective institutional framework to achieve a systematic
development and management of the water sector; and
• Develop a sound and sustainable financing system for effective water resources
management, water supply and sanitation development.
4.2.3 The National Energy and Petroleum Policy 2015
Sessional Paper No. 4 of 2004 was the previous policy guiding the energy sector in Kenya.
The new draft policy has been prepared to bring on board emerging issues such as Vision
2030, and more importantly, the functions of county governments in the new Constitutional
dispensation. Increased use of LPG will be encouraged to reduce dependence on biomass
and eliminate the use of kerosene in homes. Natural gas may be used for power generation,
transport and domestic purposes.
4.2.4 Policy on Environment and Development

This is presented as the Sessional paper No. 6 of 1999 on Environment and Development.
The overall goal is to integrate environmental concerns into the national planning and
management process and provide guidelines for environmentally sustainable development.
It portrays portable water and water for sanitation as being central to satisfying basic human
needs. Water resources have an extremely high value, and effective mechanisms for
managing and conserving water could result into economic benefits as well as sustainable
use of this vital resource. Its key objectives are protecting water catchments; ensuring that
all development policies, programmes and projects take environmental considerations into
account; and enhancing, reviewing regularly, harmonizing, implementing and enforcing
laws for the management, sustainable utilization and conservation of natural resources.
The policy recommends the need for enhanced re-use/recycling of residues including water
and wastewater as well as increased public awareness raising and appreciation of clean
environment. It also enhances participation of stakeholders in the management of natural
resources within their respective localities. The project proponent is encouraged to practise
waste water recycling and re-use of some waste materials. The resultant sanitary effluent
waste will be disposed into the main Mombasa Water and Sewerage Company Limited
main sewerage network serving the area.
4.2.5 The Land Policy (Sessional Paper No. 3 of 2009)

The overall objective of the National Land Policy is to secure land rights and provide for
sustainable growth, investment and the reduction of poverty in line with the Government’s
overall development objectives. Specifically, it seeks to develop a framework of policies
and laws designed to ensure the maintenance of a system of land administration and
management that will provide all citizens with the opportunity to access and beneficially
occupy and use land; economically, socially, equitably, and environmentally sustainable
allocation and use of land; effective and economical operation of the land market; efficient
use of land and land based resources; and efficient and transparent land dispute resolution
57
mechanisms. The previously existing land laws have been repealed and the law
consolidated into three statutes, namely the Land Act 2012, the Land Registration Act 2012
and the National Land Commission Act 2012.
4.2.6 The Kenya Health Policy (2012 – 2030)

The policy is based on the Constitution of Kenya 2010, Vision 2030 and global health
commitments. Its broad aim is to ensure equity, people-centeredness and participation,
efficiency, multi-sectoral approach and social accountability in delivery of healthcare
services.
4.2.7 The National Environmental Sanitation and Hygiene Policy, (2007)

The Environmental Sanitation and Hygiene (ESH) Policy is intended to improve people’s
health and quality of life. It aims at clarifying the various roles in order to enhance the
existing legal and constitutional framework and to encourage the private sector, civil society
and community participation in the planning, implementation and ownership of ESH
services; protect the environment from pollution and its negative effects on human health;
and reduce poverty.
4.2.8 National Gender Policy (2011)

The overall goal of this policy is to mainstream gender concerns in the national development
process in order to improve the social, legal/civic, economic and cultural conditions of
women, men, girls and boys in Kenya.
The policy aims at ensuring gender equality and women’s empowerment and
mainstreaming needs and concerns of women, men, girls and boys in all sector of the
development in the country so that they can participate and benefit equally from
development initiatives.
Application: this policy would especially apply to the recruitment of construction labor for
the proposed project, where women should have equal opportunity as men for available
jobs. This policy also requires provision of a work environment that is safe and conducive
to women and men, considering gender -disaggregated differences and vulnerabilities. This
for example applies to onsite workers sanitation facilities, where women should have
separate facilities from men.
4.2.9 Occupational Safety and Health Policy (2012)

This policy and all related regulations aim to safeguard the safety, health and welfare at
work of all persons working in a given workplace.in addition to full compliance to all the
stipulated legislation under this policy, the EPC contractor shall;
• Intergrade the company’s operations, systems and procedures that ensure a safe
working environment that is without risks to health.
• Develop and implement a comprehensive internal occupation safety and health policy
• Carry out appropriate risk assessment in relation to the safety and health of persons
employed and, on the basis of these results, adopt preventive and protective measures
58
• Ensure insurance for and compensation of employees on work related injuries and
diseases contracted in the course of the employment and for connected purposes as
stipulated under the work injury compensation benefit act 2007
4.2.10 Workplace Policy on HIV/AIDS (2007)

The main objective of this policy is to provide a framework to address HIV and AIDS in
the workplace. the principles that guide the policy are in accordance with international
convention, national laws, policies, guidelines, and regulations. They include recognition
of HIV /AIDS as a workplace issue; non-discrimination; gender equality, safety and health
work environment, workplace ethics and confidentiality.
4.3 National Regulatory Frameworks

4.3.1 Environmental Management and Co-ordination Act, 1999 and Environment
Management and Coordination (Amendment) Act, 2015, Cap 387
Environmental legislation in Kenya is provided in over 77 statutes. In order to provide a
structured approach to environmental management in Kenya, the EMCA Act was enacted
on January 14th 2000 as a framework law and contains provisions for the ESM of the
proposed and ongoing Projects respectively in Kenya. With the coming into force of the
EMCA, the environmental provisions within the sectoral laws were not superseded; instead,
the environmental provisions within those laws were reinforced to better manage Kenya’s
ailing environment.
Section 58.(1) Of the Act states “Notwithstanding any approval, permit or license granted
under this Act or any other law in force in Kenya, any person, being a proponent of a project,
shall, before financing, commencing, proceeding with, carrying out, executing or
conducting or causing to be financed, commenced, proceeded with, carried out, executed
or conducted by another person any undertaking specified in the Second Schedule to this
Act, submit a project report to the Authority, in the prescribed form, giving the prescribed
information and which shall be accompanied by the prescribed fee”. Environmental
Management and Coordination Act 1999 provide a legal and institutional framework for
the management of the environmental related matters. This EIA study has been conducted
and the final report compiled pursuant to section 58 (1) of the EMCA Act and its respective
stipulations.
4.3.2 EMCA Related Regulations

4.3.2 Environment Management and Coordination Act,1999
The proposed expansion of the LPG depot is subject to the requirements of Legal Notice
101 of 2003: The Environment (Impact Assessment and Audit) Regulations,2003
(ESIA/EA Regulations) published in terms of Section 58 of the Environmental
Management and Coordination Act,1999 (EMCA) and amended in 2015. This section
provides a brief overview of the ESIA Regulations and their application to the project.
EMCA is the national Act that provides for the authorization of certain controlled activities
listed in the Second Schedule of the Act. In terms of Section 58 of the EMCA, the potential
59
impact on the environment associated with these listed activities must be considered,
investigated, assessed and reported to the NEMA. The NEMA is the competent authority
that may issue an ESIA License for the proposed project in consultation with other lead
agencies.
The need to comply with the requirements of the regulations ensures that decision -makers
are provided the opportunity to consider the potential environmental impacts of a project
early in the development process, and assess whether adverse environmental impacts can
be avoided, minimized or mitigated to acceptable levels. Comprehensive independent
environmental studies are required to be undertaken in comprehensive independent
environment studies are required to be undertaken in accordance with the EMCA and the
ESIA/EA Regulations to provide NEMA and other lead agencies with sufficient
information in order for an informed decision to be taken regarding the project.
An ESIA is an effective planning and decision-making tool. It allows the potential

environment and social consequences resulting from a technical facility during its
establishment and its operation to be identified and appropriately managed. It provides the
opportunity the developer to be forewarned of potential environmental and social issues and
allows the resolution of the issue(s) reported in the ESIA report as well as for dialogue with
stakeholders.
4.3.2.1 Environmental (Impact Assessment and Audit) Regulations, 2003

The Environmental Impact Assessment and Audit Regulations, 2003 are subsidiary
regulations of EMCA, 1999 and stipulate the steps to be followed in undertaking an EIA
study. The Regulations highlight the stages to be followed, information to be made
available, role of every stakeholder and rules to be observed during the EIA process. This
EIA study has been conducted as per the provisions and guidelines of the Environmental
Impact Assessment and Audit Regulations, 2003; has been planned, designed, compiled
and implemented based on the very regulations. It shall also be maintained and guided by
the same regulations and an environmental audit study will be done periodically to monitor
compliance with the set environmental standards.
4.3.2.2 EMCA (Water Quality) Regulations, 2006

The above regulation was promulgated on September 4th 2006 and became effective on
July 1st 2007. This regulation provides for the sustainable management of water used for
various purposes in Kenya. Its provisions are;
(1) Every person shall refrain from any act which directly or indirectly causes, or may cause
immediate or subsequent water pollution, and it shall be immaterial whether or not the water
resource was polluted before the enactment of the Act.
(2) No person shall throw or cause to flow into or near a water resource any liquid, solid or
gaseous substance or deposit any such substance in or near it, as to cause pollution.
60
Part IV Section 24 states that “No person shall discharge or apply any poison, toxic, noxious
or obstructing matter, radioactive wastes, or other pollutants or permit any person to dump
any such matter into water meant for fisheries, wildlife, recreational purposes or any other
uses”. According to these regulations, “Every person shall refrain from any action which
directly or indirectly causes, or may cause immediate or subsequent water pollution, and it
shall be immaterial whether or not the water resource was polluted before the enactment of
the Act”.
The proponent shall follow the necessary precautionary measures not to pollute
underground water or surface water. The proponent will be required to immediately notify
the authority any occurrence of pollution incidence at the site. Use of oils on site will be
carefully done to control spills on the surface. Servicing of machines/trucks will be carried
out at designated service bay. The waste water from the construction site and construction
works will be disposed into the storm water drain and into the main Mombasa Water and
Sewerage Company Limited sewer line for safe disposal.
4.3.2.3 EMCA (Waste management) Regulations, 2006

The Waste Management Regulations were promulgated on September 4th 2006 and became
effective on July 1st 2007. This regulation is comprehensive and covers the management of
various kinds of waste in Kenya. Various clauses relevant to the project are:
Section 4 (18): No owner or operator of a trade or industrial undertaking shall discharge or
dispose of any waste in any state into the environment, unless the waste has been treated in
a treatment facility and in a manner prescribed by the Authority in consultation with the
relevant lead agency. Minimal waste is expected from the undertaking.
Section 4(2) and 6 explain that the waste generator must collect, segregate (hazardous waste
from non-hazardous) and dispose waste in such a facility that shall be provided by the
relevant local authority.
Section 5 provides for methods of cleaner production (so as to minimise waste generation)
which includes the improvement of production processes through conserving raw materials
and energy.
In section 14 (1) every trade or industrial undertaking is obliged to install anti- pollution
equipment for the treatment of waste emanating from such trade or industrial undertaking.
The proponent shall ensure that the garbage collector contracted has a valid license from the
National Environment Management Authority (NEMA). So as to comply with this, the
contractor shall take precaution not to dump wastes in areas not registered and designated
as dumpsites, and all waste disposed of as per the Waste management regulations. Wastes
from sanitary facilities will be disposed to the main Mombasa Water and Sewerage
Company Limited sewer line while the storm water will be channeled to the existing local
county council drainage tunnels within the town.
61
4.3.2.4 EMCA (Noise and Excessive Vibration Pollution Control) Regulations, 2009
In May 2009, the Minister for Environment and Mineral Resources promulgated the above
regulations for management of noise and excessive vibration. The general prohibition states
that no person shall make or cause to be made any loud, unreasonable, unnecessary or
unusual noise which annoys, disturbs, injures or endangers the comfort, repose, health or
safety of others and the environment. The regulations further provide factors that will be
considered in determining whether or not noise and vibration is loud, unreasonable,
unnecessary or unusual.
For fixed installations, excessive vibration under these regulations is defined as any
vibration emanating from the source and exceeds 0.5cm/s. Rules 5 and 6 of the regulations
define noise levels for various types of activities that generate noise. The first schedule to
the regulations defines permissible noise levels measured 30m from the boundary fence of
a project. A noise license will be required during the construction phase of the project and a
noise survey conducted once operation is recommended for presentation to the authority.
The proponent shall implement these measures, ensure that all noise equipments, tools,
vehicles, are in good working condition to reduce noise. The project contractor will be
required to avoid carrying out noise emitting activities and work within the stipulated time
periods plus carry out regular noise monitoring/acquire noise permit in extreme cases.
4.3.2.5 EMCA (Air Quality) Regulations, 2013

The objective of these Regulations is to provide for prevention, control and abatement of air
pollution to ensure clean and healthy ambient air. The general prohibitions state that no
person shall cause the emission of air pollutants listed under First Schedule (Priority air
pollutants) to exceed the ambient air quality levels as required stipulated under the
provisions of the Seventh Schedule (Emission limits for controlled and non-controlled
facilities) and Second Schedule (Ambient air quality tolerance limits).The proponent shall
implement the mitigation measures provided in the EMP to prevent air pollution from
cement dust, excavated soil and exhaust fumes which are the leading source of particulate
matter emission in the air from such projects. The proponent will also conduct regular air
quality monitoring to ensure for safe air circulation.
4.3.2.6 Legal Notice 150 Of 2016 Replacement of the Second Schedule of EMCA
In In April 2019 the Cabinet Secretary for Environment and Forestry on the advice of
National Environment Authority amended the second schedule of the Environmental
Management Act, 1999. The amendment was through LN 31 of 2019 on classification of
projects (low, medium and high risk). Additionally, LN 32 of 2019 effected an amendment
to the ESIA Regulations prescribing requirements on the ESIA for low and medium risk
projects. The proposed project is a high-risk project.
4.3.2.7 Environmental Management and Coordination (Wetlands, River Banks, Lake
Shores and Sea Shore Management) Regulation, 2009
The Objectives of these Regulations include-

62
• to provide for the conservation and sustainable use of wetlands and their resources in
Kenya;
• to promote the integration of sustainable use of resources in wetlands into the local
and national management of natural resources for socio-economic development;
• to ensure the conservation of water catchments and the control of floods;
• to ensure the sustainable use of wetlands for ecological and aesthetic purposes for the
common good of all citizens;
• to ensure the protection of wetlands as habitats for species of fauna and flora;
• provide a framework for public participation in the management of wetlands;
• to enhance education research and related activities; and
• to prevent and control pollution and siltation.
Application: The Proposed Project is in close proximity to the Indian Ocean. The Proponent
shall comply with the provisions of the above regulations in-order to preserve the
surrounding seashore ecosystem.
NEMA issued a public notice dated March 2020 on processing of Environmental Impact
Assessment Reports. The notice stated that for high-risk projects, Environmental Impact
Assessment Study shall be conducted in accordance with the general environmental impact
assessment guidelines and sector environmental impact assessment guidelines as provided
for in Part III of the Environmental (Impact Assessment and Audit) Regulations, 2003.
These EIA/EA regulations require an ESIA Terms of Reference to be prepared and
submitted to NEMA for approval after which an ESIA study is undertaken and Study Report
(SR) submitted to NEMA.
Application: An environmental impact assessment study must be undertaken in respect of
the Proposed Project, and the study must comply with the guidelines applicable to high-risk
projects. The experts prepared and submitted the TOR for the ESIA which was approved
by NEMA on 14th October 2022.
4.3.3 Other Environment, health and safety, physical planning related laws
4.3.3.1 Water Act, 2016
1. The schedule applies to the abstraction of underground water
2. A person intending to construct a borehole shall not begin to construct the borehole
or well without giving a notice of intention to the Water Resources Authority.
3. The person constructing the borehole or well shall allow any person authorized by
the authority to access the site at any reasonable time.
4. A permit is required from the Authority for: -
i. Any use of water from a water resource
ii The discharge of a pollutant into the water resource.
63
In any contravention of this Act, then the Authority, the Regulation Board, The County
Government or licencee may require within a reasonable time require the person to remedy
the contravention by
i. Clean up the pollution

ii. Remove or Destroy any works, plant or equipment used in contravention.
4.3.3.2 The Penal Code CAP 63

Chapter XVII on “Nuisances and offences against health and convenience” contained in the
penal code strictly prohibits the release of foul air into the environment which affects the
health of the persons. It states “Any person who voluntarily vitiates the atmosphere in any
place so as to make it noxious to the health of persons in general dwelling or carrying on
business in the neighbourhood or passing along a public way is guilty of a misdemeanour”.
Waste disposal and other project related activities shall be carried out in such a manner as
to conform to the provisions of the code.
4.3.3.3 Occupational Health and Safety Act No.15 of 2007 and the 2007 Subsidiary
legislation (Cap 514)
This Act of Parliament was enacted to provide for the health, safety and welfare of persons
employed in workplaces and for matters incidental thereto and connected therewith.
Its relevant clauses and stipulations relevant to the proposed project are;
• Part II of the Act provides the General Duties that Occupiers must comply with in
respect to health and safety in the workplace. Such duties include undertaking S&H
risk assessments, S&H audits, notification of accidents, injuries and dangerous
occurrences, etc.
• Part III of the Act provides the administrative framework for supervision of the
Act.
• Part IV deals with the enforcement provisions that the DOSHS has been provided
with under the Act. It discusses the instances when Improvement and Prohibition
Notices can be issued as well as the powers of OSH officers.
• Part V of the Act requires all workplaces to be registered with the DOSHS. The
Occupier has to apply for registration of their project with the DOSHS on
completion of installation of the crusher and before the operational phase of the
project.
• Part XI of the Act contains Special Provisions on the management of health, safety
and welfare. These include work permit systems, PPE requirements and medical
surveillance. All sections of this part of the Act will be applicable to this project
during the operational phase.
• Part XIII of the Act stipulates the fines and penalties associated with non-
compliance of the Act. It includes those fines and penalties that are not included in
other sections of the Act and will be important for an Occupier to read and
understand the penalties for non-compliance with S&H provisions.
64
• Part XIV of the Act is the last section of the Act and contains miscellaneous
provisions which are not covered elsewhere. Most of the sub-sections under this
part of the Act will be applicable to mining projects and it is in the interest of an
Occupier to read, understand and ensure compliance with it.
Some of the important subsidiary legislations which operationalized the Act and are
applicable to the proposed project are described below.
I. Safety and Health Committee - Rules 2004 Legal Notice (L.N) 31 of OSHA 2007
These rules came into effect on April 28th, 2004 and require that an Occupier formalize a
Safety and Health (S&H) Committee if there are a minimum of 20 persons employed in the
work place. The size of the S&H Committee depends on the number of workers employed
at the place of work. For a Proponent and Contractor, the Occupational Safety and Health
Act and the S&H Committee Rules 2004 are important as they require compliance with the
following measures:
• Posting of an Abstract of the Factories and Other Places of Work Act in key sections
of each area of the workplace.
• Provision of first aid boxes in accordance with Legal Notice No. 160: First Aid
Rules of 1977.
• Ensuring that there are an appropriate number of certified first aiders trained by a
DOSHS approved institution and that the certification of these first aiders is current.
• Provision of a General Register for recording amongst other things all incidents,
accidents and occupational injuries.
• Appointment of a safety and health committee made up of an equal number of
members from management and workers based on the total number of employees in
the company.
• Training of the safety and health committee in accordance with these rules.
• Appointment of a safety and health management representative by the proponent.

The Safety & Health Committee must meet at least quarterly, take minutes, circulate
key action items on bulletin boards and may be required to send a copy of the
minutes to the DOSHS local office. Proper record keeping including maintenance
of all current certificates related to inspection of critical equipment such as the
tractor, transport vehicles and the generator, etc. Such inspections need to be
undertaken by a competent person certified by the Director of the DOSHS.
II. Noise Prevention and Control Rules
These rules have set minimum and maximum exposure limits beyond which workers and
members of the public should not be exposed to noise without adequate means of protection.
The rules also have limits for exposure out of workplaces. The rules have several
recommendations on a comprehensive noise control program for workplaces that includes
a requirement for medical examination of workers who are exposed to noise. The rules have
also set the minimum noise levels that should emanate from a facility to
public/neighbouring areas by day or by night. The proponent will provide functional
65
earmuffs for those operating the noise emitting machines and those working in noisy
environments; and keep on renewing their noise and vibration permit from NEMA. All in
all, the project proponent will be required to adhere to all the stipulations of the OSHA Act,
2007 requirements and regulations.
III. Medical Examination Rules, 2005
These rules provide for Occupiers to mandatorily undertake pre-employment, periodic and
termination medical evaluations of workers whose occupations are stipulated in the Second
Schedule of the Act and the First Schedule of the Regulation. The workers are to undergo
medical evaluations by a Designated Health Practitioner (DHP) duly registered by the
DOSHS. Exposure to airborne crystalline silica present negative impacts to human health,
the workers exposed to the dust will be required to undergo medical examinations in
accordance with the above Rules. The project proponent is required to ensure that on site
workers are examined medically and appropriate gears availed to them while at site, like
earmuffs, helmets, overalls and respiratory gears.
IV. Fire Risk Reduction Rules, 2007 Legal Notice (L.N) 59 of OSHA 2007
These rules were promulgated by the Minister for Labour on April 16th 2007 and apply to
all workplaces. The rules apply to this sector project in several ways as enumerated below;
Rule 16 requires a Proponent to ensure that electrical equipment is installed in accordance
with the respective hazardous area classification system. It is also a requirement that all
electrical equipment is inspected after six months by a competent person and the Proponent
is required to keep records of such inspections.
Rules 29 – 31 refer to the installation and maintenance of firefighting systems in
workplaces. Fire extinguishers are to be mounted at least 60cm above ground while a fire
hose reel must be located within a radius of 30m. Fires can arise from electrical fault at the
site. Worker’s safety will be given priority during both construction and operation phases
of the project. The proponent shall adhere to the provisions of OSHA, 2007 and the
subsidiary rules and regulations under it.
4.3.3.4 The Work Injury Benefits Act (WIBA), 2007

The WIBA Act provides for compensation to employees for work related injuries and
diseases contracted in the course of their employment and for connected purposes;
Section 7(a) of the Act, on the obligations of the employer, requires an employer to obtain
and maintain an insurance policy with an insurer approved by the State in respect of any
liability that the employer may incur under this Act to any of his employees.
Section 10(1) States that an employee who is involved in an accident resulting in the
employee’s disablement or death is subject to the provisions of this Act, and entitled to the
benefits provided for under this Act. It also states expressly that an employer is liable to
66
pay compensation in accordance with the provisions of this Act to an employee injured
while at work.
On First Aid covered in section 45(1), an employer is supposed to provide and maintain
such appliances and services for the rendering of first aid to his employees in case of any
accident as may be prescribed in any other written law in respect of the trade or business in
which the employer is engaged. The proponent shall acquire insurance cover for all the
workers for the time they will be working at the project site which will enable them get
compensation in case of accident occurrence.
4.3.3.5 The Public Health Act Cap 242

Part IX, section 115 of the Act states that no person/institution shall cause nuisance or
condition liable to be injurious or dangerous to human health. Section 116 requires local
authorities to take all lawful, necessary, reasonable and practicable measures to maintain
areas under their jurisdiction clean and sanitary to prevent occurrence of nuisance or
condition liable for injurious or dangerous to human health. During the project works,
construction activities, installation and operation, the management will comply with the
provisions of this Act in terms of constructing storm drains and sanitary facilities to the
required standards and ensuring that the site is safe from nuisance or pollution of any nature.
4.3.3.6 The Land and Environment Court
The Land and Environment Court is established under the Environment and Land Court Act,
2011 (No. 19 of 2011). It is empowered by law, given the status of the High Court and has
the jurisdiction to hear and determine disputes, actions and proceedings concerning
acquisition of land as well as matters pertaining to the environment.
4.3.3.7 The County Council Act Cap 265

Section 163 allows councils to control or prohibit all businesses, factories and workshops
which, by reason of smoke, fumes, chemicals, gases, dust, smell, noise, vibration or other
cause, may be or become a source of danger, discomfort or annoyance to the neighbourhood,
and to prescribe the conditions subject to which such businesses, factories and workshops
shall be carried on. The same section allows municipal councils to prohibit, control and
regulate trade and trading activities within their jurisdiction.
4.3.3.8 The Mombasa County Council By-Laws
Project is under jurisdiction of Mombasa County Council. The council operates by laws to
govern all aspects of management and is also at liberty to use the various pieces of legislation
to enforce conservation and pollution control measures at the Council. Council by laws
relevant to conservation, the general nuisance by laws is quite pertinent. They include:
i. Deposit of Rubbish
Any person who shall without authority deposit or cause or permit to be deposited any soil,
vegetation, refuse or debris or any land in the council shall be guilty of an offence.
67
ii. Noise
Any person who, in connection with any building operations, demolition or road
construction work, causes or allows to be caused noise which is so loud, continuous or
repeated as to operations constitute a nuisance to the occupants of any premises in
neighbourhood, shall be guilty of an offence.
iii. Approval of Building Plans

After the site has been successfully identified, plans must be drawn and submitted for
approval by the local authority. Amongst other requirements, the plan must have:
1. Proper drainage system,

2. An approved incinerator or legal waste disposal facility,
3. Proper sanitary facilities, and
4. Adequate natural and artificial light and ventilations.
iv. Occupational Certificate
After the plans are approved and construction work completed the premises must be
inspected by the Local Authority for the purpose of confirming whether the site complied
with the approved plans then an occupation certificate issued as provided by the public
Health Act and Building Code. The proposed project is under the jurisdiction of Mombasa
City County Council hence all the stipulated rules and regulations will be strictly followed.
4.3.3.9 The Physical Planning Act of 1996 CAP 286

The Act allows for prohibition or control over the use and development of land and building
in the interest of proper and orderly development of an area. Section 30 states that any person
who carries out development without permission will be required to restore the land to its
original condition. It also states that no other licensing authority shall grant license for
commercial or industrial use or occupation of any building without a development
permission granted by the respective local authority.
Section 36 states that if in connection with a development application, a local authority is of
the opinion that the proposed development activity will have injurious impact on the
environment; the applicant shall be required to submit together with the application an
environment impact assessment (EIA) report. EMCA, 1999 echoes the same by requiring
that such an EIA is approved by the National Environmental Management Authority
(NEMA) and should be followed by annual environmental audits. The proposed project
construction, installation and operation activities must be granted license by the relevant
local authority as the EIA study process is in order with section 36 of this Act.
4.3.3.10 Traffic Act Cap. 403

In Section 51, only proper fuel should be used in vehicles. Similarly, vehicles should be well
maintained to prevent any fumes/exhaust that could pollute the environment. All vehicles
transporting construction materials will be granted permits authorising them to transport
materials to the construction site plus all the equipment, lorries and heavy vehicle drivers
will possess up to date driving licenses and certificates identifying them and the type of
68
lorries/vehicles/equipments they are authorised to operate, plus deployment of traffic
marshals to help control the traffic flow along Kipevu access road.
4.3.3.11 Building Code 2000

The building code under Septic and conservancy tanks, section 202 allows for installation
of septic tanks/ conservancy tanks where a sewer system has not been provided that the
proponent abides with the provisions under the set table. The effluent waste water from the
project site will be channeled to the main Mombasa Water and Sewerage Company Limited
network and, storm water drains for proper storm water disposal.
4.3.3.12 Energy Act

80.(1) A person shall not conduct a business of importation, refining, exportation, wholesale,
retail, storage or transportation of petroleum, except under and in accordance with the terms
and conditions of a valid license. The proponent shall apply to Energy Petroleum Regulatory
Authority (EPRA) for a license to transport, handle and store bulk liquefied petroleum gas
at the terminal plant during the operation phase. The proponent also will acquire license for
dealing in bulk Liquefied Petroleum Gas storage and other petroleum products.
4.3.3.13 Weights and Measures Act, Cap 513

The above named Act mandates the Weights and Measures Department to annually certify
the mechanical pumps and dispensers in order to ensure that they are properly calibrated to
dispense the right amounts of the petroleum products. During the certification exercise, the
measuring mechanisms inside the pumps are sealed with a seal-mark of quality assurance.
The Weights and Measures Department issues a Certificate of Verification for all the
mechanical pumps which is usually valid for one year. The proponent shall apply for the
Certificate of Verification from the Weights and Measures Department.
4.3.3.14 Merchant Shipping Act, 2009

This is an Act of Parliament to make provision for the registration and licensing of Kenyan
ships, to regulate proprietary interests in ships, the training and the terms of engagement
masters and seafarers and matters ancillary thereto; to provide for the prevention of
collisions, the safety of navigation, the safety of cargoes, carriage of bulk and dangerous
cargoes, the prevention of pollution, maritime security, the liability of ship-owners and
others, inquiries and investigations into marine casualties; to make provision for the control,
regulation and orderly development of merchant shipping and related services; generally to
consolidate the law relating to shipping and connected purposes of surveys, monitoring and
inspections; restriction on trading in Kenyan waters; carriage of bulk cargoes and dangerous
cargoes;
4.3.3.15 Climate Change Act, 2016

The Act provides a framework for mitigating and adapting to the effects of climate change
on various sectors of the economy; facilitating and enhancing response to climate change;
and providing guidance and measures on how to achieve low carbon climate resilient
69
development, among other things. It lines up with international best practices and standards.
It establishes the National Climate Change Council which is tasked with coordinating
climate change issues.
4.3.3.16 The Petroleum Act, 2019

The Petroleum Act, 2019 came into effect on 28 March 2019, repealing the Petroleum
(Exploration and Production) Act, Chapter 308 Laws of Kenya which entered into force in
1984. The Petroleum Act was enacted to consolidate into one statute the laws relating to
petroleum operations which includes revenue sharing, local content, transparency,
accountability, licensing, setting the scene for growth of petroleum sector, permitting
requirements and establishment of National Upstream Petroleum Advisory Committee and
Energy and Petroleum Regulatory Authority (EPRA).
The following is a summary of the sections that are relevant to the proposed project
• Part IX, Section 74. (1) A person who wishes to—

▪ undertake refining, importation, export, bulk storage or transportation of petroleum
crude or products must have a valid license issued by the Authority;
▪ sells petroleum in bulk to another person for the purpose of export or for retail sale
in Kenya must have a valid license issued by the Authority;
▪ uses a vehicle for the purpose of transporting petroleum in bulk shall have a valid
petroleum permit in respect of that vehicle issued by the Authority; and
▪ drives a vehicle, or engage a driver, for the purpose of transporting petroleum in bulk
by tanker shall ensure that such driver is certified for that purpose by the Authority.
–
• Part IX, Section 75. The licensing authority shall in granting or rejecting an
application for a license or permit take into consideration the social and cultural
impacts, the need to protect environment, OSHA requirements, compliance to
applicable Kenyan standards, location of the project, economic and financial
benefits of the project, cost an financing arrangements, ability of the applicant to
operate in a manner designed to protect the health and safety of the users, the
technical and financial capacity of the applicant, where applicable the proposed
tariff offered and any other matter that the licensing authority may consider likely
to have a bearing on the undertaking.
• Part IX, section 79: The application for a license or permit holder shall be
accompanied by an environmental liability policy as may be prescribed by the
authority
• Part IX, Section 80. (1) A licensee or permit holder shall cause to be displayed
within the premises, the license or permit, or a certified copy.
• Part IX, Section 86. A person who intends to construct a pipeline, bulk storage
facility, [….] or designated parking space for petroleum tankers shall, before
commencing such construction apply in writing to the licensing authority for a
70
permit to do so. The permit shall specify the name and address of the proposed
facility, be accompanied by the registration documents of the owner, detailed layout
plans and specification from a professional engineer, project location, pipeline
route, type and capacity of the facility and be accompanied by an environmental
and social impact assessment license.
• Part IX, Section 92: (1) A person who offers for sale in Kenya or transports or stores
petroleum meant for use in Kenya shall ensure that the specifications of such
petroleum conform to the relevant Kenya Standard, but where no such standard
exists, the relevant international standards approved by the Kenya Bureau of
Standards: Provided that no person shall divert to sell in Kenya, goods destined for
other markets.
• Part IX 97. (1) A person engaged in petroleum business shall comply with the
applicable environmental, health and safety laws.
Application: Fossil Supplies Limited will be required to adhere to the following

requirements of the Petroleum Act:
➢ Apply for a construction permit from EPRA before commencement of the

construction work. The application should specify the name and address of the
proposed facility, be accompanied by the registration documents of the owner,
detailed layout plans, design specifications and standards from a professional
engineer, project location, pipeline route, type and capacity of the facility and be
accompanied by an environmental and social impact assessment license.
➢ Apply for an operating license to import, for bulk storage and distribution of the
LPG. The application should contain an environmental liability policy, ESIA
license, demonstrate compliance to OSHA requirements, applicable Kenyan
standards, location of the project, economic and financial benefits of the project,
cost and financing arrangements, ability of the applicant to operate in a manner
designed to protect the health and safety of the users, and the technical and financial
capacity of the applicant.
➢ FSL will be expected to ensure that the specifications of the proposed project
conform to the relevant Kenya Standard, but where no such standard exists, the
relevant international standards approved by the Kenya Bureau of Standards.
➢ Display the Permit within the premises.
Comply with applicable environmental, health and safety laws during the operation which
include:
71
➢ EMCA 1999, including the updated Act of 2015 and the subsidiary legislation
➢ OSHA 2007 and the subsidiary legislation
➢ Work Injury Benefits Act (WIBA), No. 13 of 2007 and subsidiary legislation.
4.3.3.17 The Employment Act, 2007

The Act provides for general terms and conditions of employment in Kenya and applies to
both domestic and foreign contracts of employment. It is the relevant legislation that
harmonizes relationships between employees and employers, protects workers’ interests
and welfare, and safeguards their occupational health and safety through:
a) Prohibition against discrimination of any employee or prospective employees (on

race, color, language, religion etc.);
b) Prohibition of sexual harassment;
c) Making a provision on contract of services; and
d) Stipulating rights and duties in employment including weekly rest, working hours,
annual leave, maternity and paternity leaves, sick pay, etc.
Application: For the 18 months of project construction (and subsequent operation and
maintenance), this Act will govern management of the labour force hired. The Act also
applies in regard to occupational safety of project staff
4.3.3.18 People Living with Disability Act, 2012
This Act of Parliament provides for the rights and rehabilitation of persons with disabilities;
to achieve equalization of opportunities for persons with disabilities; to establish the
National Council for Persons with Disabilities. Part III of the act outlines the rights and
privileges of persons with disabilities. Section 12 on employment states that:
i. No person shall deny a person with a disability access to opportunities for suitable
employment.
ii. A qualified employee with a disability shall be subject to the same terms and
conditions of employment and the same compensation, privileges, benefits, fringe
benefits, incentives, or allowances as qualified able-bodied employees.
iii. An employee with a disability shall be entitled to exemption from tax on all
income accruing from his employment.
Section 15 on discrimination of employment states that:
1. Subject to subsection (2), no employer shall discriminate against a person with a disability
in relation to
a) the advertisement of employment.

b) the recruitment for employment.
c) the creation, classification, or abolition of posts.
d) the determination or allocation of wages, salaries, pensions, accommodation, leave or
other such benefits.
72
e) the choice of persons for posts, training, advancement, apprenticeships, transfer,
promotion, or retrenchment the provision of facilities related to or connected with
employment; or many other matters related to employment.
2. Notwithstanding subsection (1), an employer shall be deemed not to have discriminated

against a person with a disability if
a) the act or omission alleged to constitute the discrimination was not wholly or mainly
attributable to the disability of the said person;
b) the disability in question was a relevant consideration in relation to the particular
requirements of the type of employment concerned.
4.3.3.19 The Sexual Offences Act, 2014
This Act protects people and employees from any unwanted sexual attention or advances by
staff members. This act ensures the safety of women, children and men from any sexual
offences which include: rape, defilement, indecent acts.
Application: This law will govern the code of conduct of the Contractor’s and
Subcontractor’s staff and provide repercussions of any wrongdoing.
4.3.3.20 The HIV And AIDS Prevention and Control Act, 2006
This Act provides measures for the prevention, management and control of HIV and AIDS,
to provide for the protection and promotion of public health and for the appropriate
treatment, counseling, support and care of persons infected or at risk of HIV and AIDS
infection, and for connected purposes.
Application: This Act will ensure that the Contractor and Sub-contractors make provision
for VCT services for employees and locals, as well as promotes public awareness. This will
go a long way in ensuring stigmatization of HIV and AIDS is reduced as well as managed
during the construction period.
4.3.3.21 Cities and Urban Areas Act 2012
This act identifies Mombasa as a city due to its integrated urban area. The city is under the
jurisdiction of boards which carry out the duties of the County Government. The various
boards within the city are charged with: a) exercise executive authority as delegated by the
county executive; b) ensure provision of services to its residents; c) impose such fees, levies
and charges as may be authorized by the county government for delivery of services by the
municipality or the city; d) promote constitutional values and principles; e) ensure the
implementation and compliance with policies formulated by both the national and county
government; f) make by-laws or make recommendations for issues to be included in by-
laws; g) ensure participation of the residents in decision making, its activities and
programmed in accordance with the Schedule to the Act; and h) exercise such other powers
as may be delegated by the county executive committee.
Application: This Act identifies the importance of consulting with the county council and
its departments for the proposed project in order to get opinions and recommendations for
73
the successful implementation of the project. In addition, the County Council will be part of
the operation of the proposed project, as well as being a key stakeholder in the resettlement
of PAPs.
4.3.3.22 Public Roads and Roads of Access Act, Revised 2012 (Cap 399)
Sections 8 and 9 of the Act provides for the dedication, conservation or alignment of public
travel lines including construction of access roads adjacent to lands from the nearest part of
a public road. Sections 10 and 11 allows for notices to be served on the adjacent landowners
seeking permission to construct the respective roads.
4.3.3.23 The Kenya Roads Act, 2007
The Act provides for the establishment of three independent Road Authorities, namely:
Kenya National Highways Authority (KENHA), Kenya Rural Roads Authority (KERRA),
and Kenya Urban Roads Authority (KURA).
4.3.3.24 Children Act No. 8 of 2001
States that every child shall be protected from economic exploitation and any work that is
likely to be hazardous or to interfere with the child’s education, or to be harmful to the
child’s health or physical, mental, spiritual, moral or social development.
4.3.3.25 Lands Act, 2012 No. 6 of 2012

Part II Section 8 provides guidelines on management of public land by National Land
Commission on behalf of both National and County Governments. This law in Section 8(b)
stipulates that the Commission shall evaluate all parcels of public land based on land
capability classification, land resources mapping consideration, overall potential for use, and
resource evaluation data for land use planning. Section 8(d) stipulates that The Commission
may require the land to be used for specified purposes subject to such conditions, covenants,
encumbrances or reservations as are specified in the relevant order or other instrument.
In managing public land, the Commission is further required in Section 10(1) to prescribe
guidelines for the management of public land by all public agencies, statutory bodies and
state corporations in actual occupation or use. In these guidelines management priorities and
operational principles for the management of public land resources for identified uses shall
be stated. This in essence means that the Commission shall take appropriate action to
maintain public land that has endangered or endemic species of flora and fauna, critical
habitats or protected areas. As well the Commission shall identify ecologically sensitive
areas that are within public lands and demarcate or take any other justified action on those
areas and act to prevent environmental degradation and climate change.
Part VIII of the Act provides procedures for compulsory acquisition of interest in land.
Section III (1) states that if land is acquired compulsorily under this Act just compensation
shall be paid in full to all persons whose interest in the land have been determined. The Act
also provides for settlement programmes. Any dispute arising out of any matter provided
for under this Act may be referred to the Land and Environment Court for determination.
74
The land on which the project is to be developed fully belongs to the proponent and has a
valid land title deed as a proof of ownership.
4.3.4 Kenya Standards
Various Kenya Standards have been published for the safe and environmentally sound
management of petroleum related installations. The vast majority of these standards have
been adopted from other international oil and gas industry standards such as the American
Petroleum Institute (API), British Standards Institute (BS), American Society of Testing
Materials (ASTM), and American Society of Mechanical Engineers (ASME) among others.
The Kenya Standards are mandatory for compliance and it is expected that all new and
existing petroleum related facilities will comply with the requirements of these standards.
The proponent is expected to adhere to all the petroleum standards applicable to the
operations and management of the terminal plant. Below are some of the Kenya Standards
applicable to the petroleum sub-sector.
75
Table 4.1: The Kenya Standards available for the petroleum sub-sector.
Standard Description
KS1967: 2006 The Petroleum Industry – Storage and distribution of Petroleum

Products in above ground bulk installations
KS1968: 2006 The Petroleum Industry – Electrical Installations in the

distribution and marketing sector – Code of Practice
KS1969: 2006 The Petroleum Industry – The installation of underground storage

tanks, pumps/dispensers and pipe work at the terminal plant and
consumer installations – Code of Practice
KS200: Part 1: 2002 Specification for storage tanks for petroleum industry Part 1:
Carbon steel welded horizontal cylindrical storage tanks (First
Revision, 2002)
KS1938-1: 2006 The Handling, storage and distribution of liquefied petroleum gas
in domestic, commercial, and industrial installations – Code of
Practice Part 1: Liquefied petroleum gas installations involving
gas storage containers of individual water capacity not exceeding
500L and a combined water capacity not exceeding 3000L per
installation
KS1938-2: 2005 Handling, storage and distribution of liquefied petroleum gas in
domestic, commercial and industrial installations – Code of
Practice –
Part 2: Transportation of LPG in bulk by road
KS1938-3:2006 The handling, storage and distribution of liquefied petroleum gas
in domestic, commercial and industrial installations – Code of
Practice – Part 3: Liquefied petroleum gas installations involving
storage vessels of individual water capacity exceeding 500L
KS1938-4: 2005 The handling, storage and distribution of liquefied petroleum gas
in domestic, commercial and industrial installations – Code of
Practice – Part 4: Storage and filling sites for refillable liquefied
petroleum gas
(LPG) containers of capacity not exceeding 15Kg
KS ISO 4706: 1989 Refillable welded steel gas cylinders
KS ISO 11625: 1998 Gas cylinders – Safe handling
KS06-09: Part 3: 2001 Specification for welded low carbon steel gas cylinders exceeding
5liters water capacity for low pressure liquefiable gas Part 3: Code
of practice for filling, distribution and retailing of liquefied
petroleum gas in cylinders (First Revision, 2001)
76
KS09: Part 4: 2002 Gas cylinders – Refillable welded steel cylinders for liquefied
petroleum gas (LPG) Part 4: Requalification and inspection
KS 9-2: 2006 Liquefied petroleum gas cylinders Part 2: Safe use of liquefied
petroleum gas (LPG) in domestic dwellings – Code of Practice
KS 2024: 2006 Gas cylinders – refillable welded steel cylinders for liquefied
petroleum gas (LPG) – Procedure for checking before, during and
after filling
4.4 International Environmental and Social Impact Provisions and Safeguards
4.4.1 International Environmental Guidelines

Kenya has ratified or acceded to numerous International treaties and conventions, as
described below:
• The Basel Convention: Sets an ultimate objective of stabilizing greenhouse gas

concentrations in the atmosphere at a level that would prevent dangerous
anthropogenic (human-induced) interference with the climate system.
• Kyoto Protocol: Drawn up in 1997, pursuant to the objectives of the United Nations
Framework Convention on Climate Change, in which the developed nations agreed
to limit their greenhouse gas emissions, relative to the levels emitted in 1990.
This ESIA study is also based on internationally respected procedures recommended by the
World Bank, covering environmental guidelines. Reference has been made to the
Environmental Assessment Operational Policy (OP) 4.01, and Environmental Assessment
Source Book Volume II, which provides the relevant sectoral guidelines as discussed below;
4.4.2 International Conventions, Treaties and Agreements
Kenya has ratified and domesticated several international conventions and treaties for the
protection of the environment. The proposed project will comply with the requirements of
the various conventions, treaties and agreements that Kenya has ratified. Table 3 gives the
status of environmental treaties ratified by Kenya.
4.4.3 World Bank’s Safeguard Policies
The objective of the World Bank’s environmental and social safeguard policies is to prevent
and mitigate undue harm to people and their environment in the development process. These
policies provide guidelines for bank and borrower staffs in the identification, preparation,
and implementation of programs and projects. Safeguard policies have often provided a
77
platform for the participation of stakeholders in project design, and have been an important
instrument for building ownership among local populations, (World Bank, 1999-2006).
Table 4.2: Summary of the applicable International Conventions and Treaties
Topic Treaty Date Date of

Treaty ratification/
entered accession in
into force Kenya
Climate United Nations Framework 21/03/1994 30/08/1994

change and Convention on Climate
the ozone Change (UNFCCC)
layer
Kyoto Protocol to the United 16/02/2005 25/02/2005

Nations Framework
Convention on Climate
Change
Vienna Convention for the 22/09/1988 09/11/1988

Protection of the Ozone Layer
Montreal Protocol on 01/01/1989 09/11/1988

Substances that Deplete the
Ozone Layer
Energy Statute of the International 26/01/2009 08/07/2010

Renewable Energy Agency
(IRENA)
Convention of the African 11/06/2001 13/12/2006

Energy Commission
Waste Basel Convention on the 05/05/1992 01/06/2000

management Control of Transboundary
and pollution Movements of Hazardous
Wastes and Their Disposal
Convention on Persistent 17/05/2005 24/09/2004

Organic Pollutants (POPs)
78
4.4.3 World Bank Safeguard Policy 4.01-Environmental Assessment
The environmental assessment process provides insights to ascertain the applicability of

other World Bank safeguard policies to specific projects. This is especially the case for the
policies on natural habitats, pest management, and physical cultural resources that are
typically considered within the EA process. The policy describes an environmental
assessment process for the proposed project. The breadth, depth, and type of analysis of the
EA process depend on the nature, scale, and potential environmental impact of the proposed
project. The policy favours preventive measures over mitigatory or compensatory measures,
whenever feasible. The operational principles of the policy require the environmental
assessment process to undertake the following:
1. Evaluate adequacy of existing legal and institution framework including applicable

international environmental agreements. This policy aims to ensure that projects
contravening the agreements are not financed.
2. Stakeholder consultation before and during project implementation.
3. Engage service of independent experts to undertake the environmental assessment.
4. Provide measures to link the environmental process and findings with studies of
economics, financial, institutional, social and technical analysis of the proposed
project.
5. Develop programmes for strengthening of institutional capacity in environmental
management.
The requirements of the policy are similar to those of EMCA which aims to ensure
sustainable project implementation. Most of the requirements of this safeguard policy have
been responded to in this report by evaluating the impact of the project, its alternatives,
existing legislative framework and public consultation.
4.4.4 Petroleum Industry Guidelines

Many environmental management systems have been designed to improve the
environmental performance of organizations. Globally recognized and accepted EHS
international standards, best practices and guidelines can be successfully used by industries
to achieve a successful systems-based approach to EHS management. Guidelines based on
information from the International Association of Oil and Gas Producers (OGP), the
International Organization for Standardizations (ISO) and the International Electro-
Technical Commission (IEC) have become widely accepted as providing a strong basis for
preparing regulations, policies and programmes to minimize the impact that these operations
have on the environment. The E&P Forum (Oil Industry International Exploration and
Production Forum), jointly with UNEP, published a document on the best approaches to
achieving high environmental performance and standards worldwide. Within the framework
provided, various technical reviews and guidelines already available from other relevant
sources can be applied. It developed a general management system to deal with health, safety
and environmental (HSE) issues.
79
4.4.5 Identified Applicable Performance Standards, January 2012
While all Performance Standards (PS) are applicable to this investment project, based on
our current information, IFC„s environmental and social due diligence indicates that the
construction of the LPG storage depot will have significant impacts which must be managed
in a manner consistent with the following Performance Standards; PS 1: Social &
Environmental Assessment and Management Systems; PS 2: Labour& Working Conditions;
PS 3: Pollution Prevention & Abatement; PS 4: Community Health, Safety and Security;
and PS6: Biodiversity Conservation & Sustainable Natural Resource Management.
4.4.6 The International Code for the Security of Ships and Of Port Facilities
This part of the International Code for the Security of Ships and Port Facilities contains
mandatory provisions to which reference is made in chapter XI-2 of the International
Convention for the Safety of Life at Sea, 1974 as amended.
The objective of this code is to establish an international framework involving cooperation
between Contracting Governments, Government agencies, local administrations and the
shipping and port industries to detect security threats and take preventive measures against
security incidents affecting ships or port facilities used in international trade; establish the
respective roles and responsibilities of the Contracting Governments, Government agencies,
local administrations and the shipping and port industries, at the national and international
level for ensuring maritime security; ensure for an early and efficient collection and
exchange of security-related information; provide a methodology for security assessments
so as to have in place plans and procedures to react to changing security levels; and ensure
confidence that adequate and proportionate maritime security measures are in place.
4.4.7 The World Bank Group’s Environmental, Health and Safety (EHS) Guidelines
The World Bank’s 2007 Environment, Health and Safety Guidelines are technical reference
documents containing both general and industry specific examples of good international
industry practices. The general EHS Guidelines cover environmental, health and safety
issues that are applicable by all industry sectors. The Guidelines contain the measures and
performance levels that are generally accepted by the International Finance Corporation.
Where host country regulations differ from the measures and the levels contained in the EHS
Guidelines, projects will be required to adopt the more stringent ones. Management will thus
adopt the World Bank Group’s Environmental, Health and Safety Guidelines and other best
environmental practices.
4.4.8 Bamako Convention on the Ban of the Import into Africa and the Control of
Transboundary Movement and Management of Hazardous Wastes within Africa, 1991
Waste generation should be to the minimum in terms of quantity and/or hazard potential.
Whenever it does generate such wastes, the proponent should transport and dispose of them
in a manner consistent with the protection of human health and the environment. Hazardous
wastes should as far as is compatible with environmentally sound and efficient management,
be disposed of where they were generated, in this case, in Kenya.
80
4.4.9 World Bank Safeguard Policy BP 17.50- Public Disclosure
This BP encourages Public Disclosure (PD) or Involvement as a means of improving the

planning and implementation process of projects. This procedure gives governmental
agencies responsibility of monitoring and managing the environmental and social impacts
of development projects particularly those impacting on natural resources and local
communities. The policy provides information that ensures that effective public disclosure
is carried out by project proponents and their representatives. The BP requires that Public
Involvement should be integrated with resettlement, compensation and indigenous peoples‟
studies. Monitoring and grievances redress mechanism should also be incorporated in the
project plan. The proposed project incorporated Public Participation and stakeholders‟
consultation as part of the Environmental and Social Impact Assessment study in order to
collect the views of the local communities and their leaders for incorporation in the project
mitigation plan. The consultation was successful and the community members gave a
number of views that have been considered in the mitigation plan.
4.5 IFC Performance Standards
IFC’s Sustainability Framework articulates the strategic commitment to sustainable

development and is an integral part of IFC’s approach to risk management. The Performance
Standards provide standard guidance on how to identify risks and impacts and are designed
to help avoid, mitigate, and manage risks and impacts as a way of doing business in a
sustainable way, including stakeholder engagement and disclosure obligations of the
developer in relation to project-level activities.
In the case of its direct investments (including project and corporate finance provided
through financial intermediaries), IFC requires its clients to apply the Performance
Standards to manage environmental and social risks and impacts so that development
opportunities are enhanced. IFC uses the Sustainability Framework along with other
strategies, policies, and initiatives to direct the business activities of the Corporation in order
to achieve its overall development objectives. Other financial institutions may also apply
the Performance Standards.
For the proposed project, the applicable IFC performance standards include:
4.5.1 Performance Standard 1(PS 1): Assessment and Management of Environmental

and Social Risks and Impacts.
PS 1 highlights the importance of managing environmental and social performance

throughout the life of a project by developing and implementing an effective Environmental
and Social Management System (ESMS). It provides guidelines on the contents and process
of developing an effective ESMS.
Requirement: Policy
The proponent will develop an EHS policy which will demonstrate the commitment to
comply with the Kenyan laws and other international applicable standards like IFC’s during
all the phases of the project. All the contractors engaged by the proponent during
81
construction, operation and decommissioning will be required, through contractual
agreements to adhere to the proponent’s EHS policy.
Requirement: Identification of Risks and Impacts
This study report is part of the environmental and social impacts assessment that will be
used to identify, assess and propose mitigation measures for the environmental and social
impacts in accordance with Kenyan requirements and IFC standards during construction,
operation and decommissioning of the proposed project.
The ESIA study will include the following specialized studies in order to comprehensively
capture all the relevant issues and benefits associated with the project.
• Quantitative Risk Assessment (QRA)- A QRA will be undertaken to determine the

acceptability of risks in relation to the proposed LPG terminal. As part of the QRA,
the Consultant will calculate the annualized societal risk to neighboring populations
resulting from significant events emanating from, demolition of existing structures
and construction and operation of the proposed LPG terminal. The Consultant will
endeavor to gather information of the surrounding business establishments and KPA
residential estate to calculate the societal risk. The Consultant will conduct a
comprehensive review and analysis of the existing Fossil Supplies Limited’s EHS
policies, procedures and work instructions related to risk and disaster management
and business continuity
• The Noise Quality Study will be undertaken in order to identify, categorize and
analyze noise associated with the proposed Project and the resulting impacts to the
project environment. All sensitive receptor points, with regards to the proposed
project will be identified and mapped. The study will evaluate the potential impact of
the project activities on the local noise climate from construction noise associated with
the Project, normal power plant operating conditions and, emergency operating
conditions associated with the project.
• A Hydrological impact assessment will be undertaken to identify potential
hydrological issues associated with project on the area
• A Geophysical impacts assessment will be undertaken to identify potential impacts
associated with the project activities
• A Social Impact Assessment study will be undertaken to identify potential social risks
and benefits and recommend mitigation measures for the former. Impacts as identified
during construction and operation phase of the project have been highlighted in
chapter 10 of this SR.
Chapter 11 defines the framework for the Social Management Plan for the proposed project
with the following plans to be formulated:
❖ Stakeholder Engagement Plan
❖ Grievance Redress Mechanism
This ESIA has an ESMP that contains a comprehensive plan on how to mitigate or enhance
the identified negative and positive impacts. Additionally, the proponent will be required to
82
maintain a formal process of identifying additional project related E&S risks in accordance
with Kenyan regulations and good international industry practice (GIIP) for all phases of
the projects.
Requirements: Management Programs
The proponent will develop specific Environmental and Social management programs and
standards to ensure complete planning and implementation of all aspects related to EHS.
Some of the management plans will include:
❖ Emergency Response plan

❖ Construction safety plan
❖ Electrical safety plan
❖ Fire and explosion safety plan
❖ Transport management plan
❖ Waste management plan
❖ Soil erosion control plan
❖ Stakeholder’s engagement plan
Requirements: Organizational Capacity and competency
The Proponent, in collaboration with appropriate and relevant third parties, will establish
maintain, and strengthen as necessary an organizational structure that defines roles,
responsibilities in association with the project. EHS and social manager(s) should be part of
the line managers responsible for offering Environmental and social support. Subsequently
the proponent will be required to engage competent supervisors.
Requirements: Emergency preparedness and response

The proponent will be required to develop an emergency preparedness and response plan
and procedures for the proposed project construction and operation based on the identified
risks and impacts. The plan will take into consideration all the applicable emergency
scenarios i.e., medical, road transport accidents, landslides, Fire and explosion, community
protest and security incidents. The Emergency Preparedness and response plant will have
detailed emergency response and incident management plans to be implemented to mitigate,
control and recover from credible emergency scenarios.
Requirements: Monitoring and review
The proponent will be required to develop and maintain a dynamic mechanism of monitoring
the performance of the EHS monitoring system. The mechanisms will include: -
• Statutory Environmental Audits

• Internal inspections
• Regular management review meetings;
• Review of the aspects and impacts register;
• Legal compliance audits and updating of the legal register;
83
• Incident and accident reporting;
• Addressing external complaints
Requirements: Stakeholder Analysis and Engagement Plan
The Proponent will develop and implement a Stakeholder Engagement Plan that is scaled to
the project risks and impacts and will be tailored to the characteristics and interests of the
affected communities.
A Stakeholder Engagement Plan (SEP) will be prepared to illustrate how stakeholder

identification and analysis was carried out, the engagement activities that were carried out
during the scoping and ESIA phases and those that are to be carried out throughout the
construction and operations phase and communication mediums and strategy for those
engagements.
The SEP will be an attachment to the Social Impact Assessment report.
Requirements: Consultation and Participation

For projects with potentially significant adverse impacts on affected communities, the client
will conduct an Informed Consultation and Participation (ICP) process that will build upon
the steps outlined below in Consultation with the Affected Communities to ensure their
informed participation.
Effective consultation is a two-way process that should:
• begin early in the process of identification of environmental and social risks and
impacts and continue on an ongoing basis as risks and impacts arise;
• be based on the prior disclosure and dissemination of relevant, transparent, objective,
meaningful and easily accessible information which is in a culturally appropriate
local language(s) and format and is understandable to affected communities;
• focus inclusive engagement on those directly affected as opposed to those not
directly affected;
• be free of external manipulation, interference, coercion, or intimidation;
• enable meaningful participation, where applicable; and be documented.
Application: Formal and informal consultations were carried out with the neighboring
community through a baraza set up which was conducted in Kiswahili language. The
members of the community were provided with information on the proposed project and the
ESIA study and were given an opportunity to give their comments, concerns/issues and ask
project related questions which were responded to by the local Project Developer and the
ESIA consultants in attendance. The discussions of the baraza meeting were minuted and
are an attachment to this report.
Additionally, other individuals and organizations with an influence, interest or expertise to

offer to the project, though not directly involved or affected by the Project (secondary
stakeholders) were consulted through one-on-one meetings i.e., Local administration,
84
NEMA, Department of Gender, Youth and Social Services, Department of Land and
Physical Planning etc.
During the ESIA phase more consultations will be undertaken by the proponent with the
affected person/communities and other stakeholder groups through one-on-one meetings
and barazas.
A project Communication plan which contains a database of stakeholders to be consulted

and the communication strategies and frequency to be used based on their level of influence
and interest has been developed. The communication plan was used and will continue being
used to guide the consultation process during the ESIA phase.
Requirements: Disclosure of Information
The client will provide affected communities with access to relevant information on:
(i) the purpose, nature, and scale of the project;
(ii) the duration of proposed project activities;
(iii) any risks to and potential impacts on such communities and relevant mitigation
measures;
(iv) the envisaged stakeholder engagement process; and
(v) the grievance redress mechanism.
Application: Before commencing the stakeholder dialogue, pertinent project information
was prepared for disclosure. The following information was disclosed to the stakeholders:
• Project Description (Details on the project site, project components, project activities and
project duration)
• The ESIA Process;
• Environmental and Social legislative framework;

• The Public Participation processes
• Potential environmental and social impacts for the different phases of the project
Requirements: Grievance Redress Mechanism
Where there are affected communities, the Proponent will establish a grievance redress
mechanism to receive and facilitate resolution of affected communities’ concerns and
grievances about the client’s environmental and social performance.
Application: A Community Grievance Redress Mechanism procedure will be prepared that

will allow stakeholders to raise questions or concerns with the Company on project related
issues and have them addressed in a prompt and respectful manner. The Grievance Redress
Mechanism will be independent of employee related grievances.
85
Requirements: On-Going Reporting to Affected Communities
The proponent will provide periodic reports to the affected communities that describe
progress with implementation of the project action plans on issues that involve ongoing risk
to or impacts on affected communities and on issues that the consultation process or
grievance redress mechanism have identified as a concern to those communities.
Through the Stakeholder Engagement Plan (SEP) and the Grievance Redress Mechanism
(GRM), the proponent will continuously engage the affected communities and disclose
pertinent project information.
Applicability- PS 1 is APPLICABLE for the project
4.5.2 Performance Standard 2: Labour and Working Conditions.

PS 2 stresses on labour management as a key component in any project. It offers guidelines
in relation to employment creation and income generation in a manner that protects the rights
of the workers.
The following are the applicable requirements of PS 2:
Requirements: Working Conditions and Management of Worker Relationship
The EPC will develop and implement Human Resource Policies and Procedures that will be
used to guide labour recruitment and management. These policies and procedures include
but are not limited to:
▪ Employee Handbook
▪ Recruitment Procedures
▪ Job Procedures
▪ Worker Grievance Mechanism Procedure
▪ Termination and Retrenchment Policies
▪ Harassment Policy
▪ Disciplinary Policy
▪ Health and Safety Policy
▪ The EPC will provide workers with documented information that is clear and
understandable, regarding their rights under the Kenyan Employment Act, 2007.
▪ The Proponent shall put in place measures to ensure:
▪ Prevention of child labour, forced labour, and discrimination.
▪ Freedom of association and collective bargaining are provided.
▪ Wages, work hours and other benefits shall be as per the National labour and
employment laws.
The EPC will be required to provide reasonable working conditions and terms of
employment for both direct and contracted workers through contractor agreements which
are to be provided. Construction Contractor should ensure that Terms of employment
include wages and benefits, wage deductions, hours of work, breaks, rest days, overtime
86
arrangements, and overtime compensation, medical insurance, pension, and leave for illness,
vacation, maternity, or holiday are to be communicated to workers clearly.
Requirements: Workers’ Organizations
Fossil Supplies Limited and by extension the EPC will not restrict workers from developing
alternative mechanisms to express their grievances and protect their rights regarding
working conditions and terms of employment. The proponent will not discourage workers
from forming or joining a workers’ organization or discriminate or retaliate against workers
who attempt to form or join workers’ organizations.
Requirements: Non-Discrimination and Equal Opportunity
The proponent will not discriminate with respect to any aspects of the employment
relationship, such as recruitment and hiring, compensation (including wages and benefits),
working conditions and terms of employment, access to training, job assignment, and
promotion, termination of employment or retirement, and disciplinary practices.
The proponent should take appropriate measures to prevent any discriminatory treatment of
migrant workers. Measures to prevent and not endorse any harassment, including sexual
harassment or psychological mistreatment within the workplace will also be undertaken.
Requirements: Retrenchment
The proponent should make certain that all workers receive notice of dismissal and
severance payments mandated by law and collective agreements in a timely manner.
The proponent should conduct proper consultations with the workers before the
retrenchment, if any. Selection criteria for those to be laid off should be objective, fair, and
transparent. The retrenchment should not be based on personal characteristics unrelated to
inherent job requirements.
Requirements: Grievance Mechanism
The proponent will provide a grievance mechanism for workers (and their organizations,
where they exist) to raise workplace concerns.
In providing a grievance mechanism through which workers may raise workplace concerns.
The proponent should ensure that matters are brought to management’s attention and
addressed expeditiously. The Proponent needs to also document all grievances and follow
up on any corrective actions.
Requirements: Protecting the Work Force
The Proponent/Contractor will not employ children in any manner that is economically
exploitative or is likely to be hazardous or to interfere with the child’s education, or to be
harmful to the child’s health or physical, mental, spiritual, moral, or social development.
The proponent should ensure that the Contractor employs no child labour (as defined in IFC
PS2) or forced labour during construction and operation phase of the project. The developers
87
should also exercise diligence with regard to key contractors and subcontractors so that they
do not knowingly benefit from practices that lead to bonded or indentured status of workers.
Requirements: Occupational Health and Safety
The proposed project will engage approximately 100 unskilled workers from the
neighborhood and approximately 50 semi-skilled and skilled workers from within and
outside the country. The developer will provide a safe and healthy work environment, taking
into account inherent risks associated with weir construction in big rivers, tunneling,
working on steep areas, transportation of abnormal loads, hot works, installation of high
voltage equipment, erection of transmission line and operation of the power station. The
proponent will take steps to prevent accidents, injury, and disease arising from, associated
with, or occurring in the course of work by minimizing, as far as reasonably practicable, the
causes of hazards. In a manner consistent with good international industry practice, as
reflected in various internationally recognized sources including the World Bank Group
Environmental, Health and Safety Guidelines, the developer will address areas that include
the (i) identification of potential hazards to workers, particularly those that may be life
threatening; (ii) provision of preventive and protective measures, including modification,
substitution, or elimination of hazardous conditions or substances; (iii) training of workers;
(iv) documentation and reporting of occupational accidents, diseases, and incidents; and (v)
emergency prevention, preparedness, and response arrangements.
Requirements: Workers Engaged by Third Parties
The Proponent will establish policies and procedures for managing and monitoring the
performance of such third-party employers in relation to the requirements of this
Performance Standard.
It is envisaged local, national and international contractors will be engaged by the
proponent. These Contractors will be required to formally align their EHS systems with
proponents. In regard to this, the Proponent should develop and implement procedures to
manage and monitor performance of third parties.
4.5.3 Performance Standard 3: Resource Efficiency and Pollution Prevention
Performance Standard 3 recognizes that increased economic activity and urbanization often
generate increased levels of pollution to air, water, and land, and consume finite resources
in a manner that may threaten people and the environment at the local, regional, and global
levels.
It is envisaged that the construction of the proposed project will potentially lead to the
following
• Significant use of water, energy and local construction materials

• Increased air pollution (from stationary and vehicular emissions and particulate matter
generation),
88
• Generation of Green House Gases from construction equipment
• Generation of excavated spoil, sanitary waste, some hazardous waste and other general
wastes
• Exposure to Hazardous cementing chemicals and used oil

• Increased environmental noise and ground vibration
The proponent will be required to develop and ensure implementation of the following
project and site-specific plans in accordance to Kenyan laws and IFC requirements;
• Energy, water and natural resources (local construction materials) conservation
• Environmental and occupational air quality monitoring and pollution control
• GHG monitoring and control
• Waste management plans

• Hazardous materials management
• Excess noise and vibration control
4.5.4 Performance Standard 4: Community Health, Safety, and Security.
This performance standard stresses the protection of the affected people from the project
activities. Any developer should identify the risks the project poses to the community and
mitigate them.
Application: The Proposed Project will involve importation, storage and truck loading of
LPG gas which poses fire safety risks to the neighboring Oil facilities and KPA estate. The
potential occupational hazards arising from the project activities and the impacts on health
& safety of the affected community has been identified and assessed in the SIA study report.
Requirements: Community Health and Safety and Community Exposure to Disease

Community health and safety considerations should be addressed through a process of
environmental and social risks and impacts identification resulting in an Action Plan for
disclosure to project Affected Communities.
The proponent is required to address Community health and safety associated with the
construction and operation phases of the project.
The Proponent should ensure that the surface water drainage system during operation phase
is not poorly designed and there is no creation of construction pits and depressions that can
have potentially adverse impacts on adjacent local communities.
Requirements: Infrastructure and Equipment Design and Safety
89
For all projects with risks to workers and the public, the client should also build its internal
capacity to monitor engineering and fire safety of its operations, including periodic
monitoring and internal audits.
The proponent will ensure that the recommended safety requirements for bulk storage of
LPG are factored in the design.
Requirements: Hazardous Materials Management and Safety
The proposed project will involve handling and storage of LPG which is a Highly flammable
material. The Proponent will use approved engineering designs to ensure safe receiving,
storage, and truck loading of the LPG. Mounded tanks will be constructed to minimize
potential explosion, fire detectors and leak detectors will be installed and LPG approved
pipe network will be put in place.
Requirements: Emergency Preparedness and Response
The Proponent will develop an Emergency Response Plan to respond effectively to

emergency situations. This shall be in collaboration with the other Shimanzi Oil Terminal
Users, Kenya Ports Authority, Kenya Navy and the County Council of Mombasa.

PS 1, 2, 3 4, have been considered applicable to this ESIA Study based on the environmental
and social issues that are likely to arise from the proposed project. The above performance
standards while not being mandatory provide the proponent with guidance on how to
identify risks and impacts and, how to avoid, mitigate, and manage risks in all phases of the
project implementation.
4.6 National Institutional Framework

4.6.1 National Environment and Management Authority
The responsibility of the National Environmental Management Authority (NEMA) is to
exercise general supervision and co-ordination over all matters relating to the environment
and to be the principle instrument of government in the implementation of all policies
relating to the environment. In addition to NEMA, the Act provides for the establishment
and enforcement of environmental quality standards to be set by a technical committee of
NEMA known as the Standards and Enforcement Review Committee.
90
CHAPTER FIVE: PUBLIC CONSULTATION AND PARTICIPATION
5.1 Objectives of Public Consultation and Participation
Public consultation and participation was achieved through questionnaire administration,
observation, interview, focused group discussions, and meeting which provided important
information on key impacts, baseline information, project negative impacts and their
potential mitigation measures. Interviews and discussions with key personnel necessitated
the acquisition of vital information for the successful Environmental and Social Impact
Assessment study process. This ensured for an open and transparent process as it took into
consideration the views of the project affected people and those meant to benefit from the
project around the area. Advertisements on dailies and radios will as well be done to ensure
all the public are aware of the proposed project public consultation and participation aimed
at:
• Facilitate consideration of project alternatives, mitigation measures and trade-

offs.
• Ensure that important impacts are not overlooked and benefits are maximized.
• Reduce conflict through early identification of contentious issues.
• Provide an opportunity for the public to influence project activities in a positive
manner.
• Improve transparency and accountability through decision-making, and increase
public confidence in the Environmental and Social Impact Assessment process
and the proposed project’s undertaking process.
• Build the public confidence and create a sense of project ownership by the
surrounding communities for a successful project implementation process.
• Give back to the Community through corporate Social Investment on Emergency
preparedness, Education and Health.
5.2 Methodology
5.2.1 Site Reconnaissance
Site reconnaissance was conducted at the proposed site in Changamwe in order to identify
and gather information on the biophysical and socio-economic environmental characteristics
of the area. Questionnaires were administered during a public Baraza at the chief’s office to
the neighbouring residents, businesses, and workstations in the area which are likely to be
affected by the proposed project activities.
5.2.2 Findings
Site survey showed that the proposed project site neighbours mainly Mabati, Bahati,
Birikani, Changamwe, National Housing and Bangladesh residential estates as the
immediate neighbour. It also neighbours businesses premises like Mombasa Cement, APM
Terminus Limited, Transpares and KPRL, which might be affected by the project
implementation activities. The expected project negative impacts to the nearby residential
91
estates and businesses are negligible and mitigatable through proper implementation of the
provided Environmental and Social Management and Monitoring Plan.
5.3 Questionnaire Administration
Open and closed ended Questionnaires were administered and filled by Changamwe area
residents and businesses that are likely to be affected by the proposed project activities.
Interviews and consultations were conducted and involved mainly the project proponent’s
proposed project details.
5.4 Requirements of Stakeholder Consultation
Stakeholder consultation is required by the Kenyan environmental legislation as well as the
International Finance Corporation’s (IFC) Performance Standard 1. Each of these
requirements is discussed below. 5.3.1 National Requirements At a national level,
stakeholder consultation on ESIA studies is embedded within section 58 of Environmental
Management Coordination Act of 1999. Rule 17 of Legal Notice 101 titled Environment
(Impact Assessment and Audit) Regulations, 2003 calls for Public Participation and
consultation throughout the impact assessment study. It requires the Proponent to:
• Seek the views of persons who may be affected by the project in consultation with
the Authority (NEMA);
• Publicize the project and its anticipated effects and benefits by erecting posters in
strategic public places informing the affected parties and communities of the
proposed project;
• Publish a notice on the proposed project for two successive weeks in a newspaper
that has a nation-wide circulation and make announcement in both official and local
languages in a radio with a nation-wide coverage at least once a week for two
consecutive weeks;
• Hold public meetings with the affected parties and communities to explain the
project and its effects, and to receive their oral or written comments. Ensure that
appropriate notices are sent out at least one week prior to the meetings and that the
venue and times of the meetings are convenient for the affected communities and
the other concerned parties; and
• Ensure, in consultation with the NEMA that a suitably qualified coordinator is
appointed to receive and record both oral and written comments and any translations
thereof received during all public meetings for onward transmission to NEMA.
Following the submission of the ESIA report to the NEMA, the Authority shall, within
fourteen days of receiving the environmental impact assessment study report, invite the
public to make oral or written comments on the report upon which, if deemed necessary, the
Authority may hold a public hearing. Additionally, Kenyan Court require that Public
Participation in environmental issues, at a minimum, which includes but not limited to
i. Programme of Public Participation that accords with the nature of the subject
matter. The Public Participation programme must take into account both the
quantity and quality of the governed to participate in their own governance;
92
ii. Innovation and malleability depending on the nature of the subject matter,
culture, logistical constraints, and other related factors that ensure that the
Public Participation is effective;
iii. The Public Participation programme must include access to and
dissemination of relevant information;
iv. Those most affected by a policy, legislation or action must have a bigger say
in that policy, legislation or action and their views must be more deliberately
sought and taken into account; and any clear and intentional attempts to keep
out bona fide stakeholders would render the Public Participation programme
ineffective and illegal by definition;
v. Public Participation should be conducted while going through the motions
or engaging in democratic theatre so as to tick the Constitutional box. All the
views received as part of Public Participation programme should be taken
into consideration, in good faith; and
vi. The right of Public Participation is not meant to usurp the technical or
democratic role of the office holders but to cross-fertilize and enrich their
views with the views of those who will be most affected by the decision or
policy at hand. The Proponent will adhere to the above principals in the
Public Participation process.
5.4.1 International Requirements
The Kenyan legislation on Public Participation is aligned with the IFC’s information
disclosure and public consultation requirements as specified under Performance Standard 1
on Assessment and Management Assessment and Management of Environmental and Social
Risks and Impacts.
This requirement calls for FSL to conduct and provide evidence of meaningful, free, prior
and informed consultation with the communities likely to be affected by environmental and
potential social impacts, and with all identified local stakeholders. Stakeholder engagement
is an ongoing process that may involve, in varying degrees, the following elements:
stakeholder analysis and planning, disclosure and dissemination of information, consultation
and participation, grievance mechanism, and ongoing reporting to Affected Communities.
The nature, frequency, and level of effort of stakeholder engagement may vary considerably
and will be commensurate with the project’s risks and adverse impacts, and the project’s
phase of development
5.4.1.1 Stakeholder Analysis and Engagement Plan
According to IFC performance standard 1, the Proponent is required to develop and
implement a Stakeholder Engagement Plan that is scaled to the project risks and impacts
and development stage and be tailored to the characteristics and interests of the Affected
Communities. The standard requires the proponent to identify individuals and groups that
may be directly and differentially or disproportionately affected by the project because of
their disadvantaged or vulnerable status and put in measures so that adverse impacts do not
fall disproportionately on them.
93
A Stakeholder Engagement Plan for this project has been prepared illustrating the
engagement activities that were carried out during the ESIA phases and those that will be
carried during the construction and operations phase
5.4.1.2 Consultation and Participation
According to IFC performance standard 1, the proponent is required to conduct an Informed
Consultation and Participation Process that will result in the Affected Communities’
informed participation. The key principles of effective stakeholder engagement that have
been undertaken by FSL are summarized as follows:
• Providing meaningful information in a format and language that is readily

understandable and tailored to the needs of the target stakeholder group(s)
• Providing information in ways and locations that make it easy for stakeholders to
access it and that are culturally appropriate
• Two-way dialogue that gives both sides the opportunity to exchange the views and
information, to listen and to have their issues heard and addressed
• Inclusiveness in representation of views, including ages, women, and men,
vulnerable and/or minority groups
• Processes free of intimidation and coercion
• Clear mechanisms for responding to people’s concerns, suggestions, and grievances;
and
• Incorporating where appropriate and feasible, feedback into project or program
design, and reporting back to stakeholders
5.4.1.3 Grievance Redress Mechanism

According to IFC PS 1, where there are affected communities, FSL is required to establish
a grievance redress mechanism to receive and facilitate resolution of affected communities’
concerns and grievances about the client’s environmental and social performance. A
Grievance Redress Mechanism procedure has been prepared to allow stakeholders to raise
questions or concerns with the proponent and have them addressed in a prompt and
respectful manner.
5.4.1.4 Ongoing Reporting to Affected Communities
IFC PS 1 requires FSL to provide periodic reports to the affected communities that describe
progress with implementation of the project action plans on issues that involve ongoing risk
to or impacts on affected communities and on issues that the consultation process or
grievance redress mechanism have identified as a concern to those communities. Through
the Stakeholder Engagement Plan and the Grievance Redress Mechanism, FSL will
continuously engage the affected communities and disclose pertinent project information.
5.4.2 Stakeholder Identification and Mapping

A comprehensive stakeholder identification and analysis process was conducted where
stakeholders were identified and mapped. This formed the foundation for planning and
94
designing of successive stakeholder engagement activities. The stakeholder mapping was
done based on the identification of individuals, communities, groups, and institutions who:
▪ Have the mandate over the various elements of the project’s activities (such as
Government ministries and agencies);
▪ Are considered vulnerable members of the society within the proposed project
area; and
▪ Are considered the projects main supporters and opponents
▪ Are most likely to experience at significant levels, the positive and/or negative
impacts of the proposed project;
The stakeholder analysis process sought to prioritize identified stakeholder based on: interest
and expectations in relation to the proposed project; required levels of participation for each
stakeholder throughout the project lifecycle; degree of influence of each stakeholder group
to the direction and success of the proposed project; interrelationships between different
stakeholders and the convergence/divergence between their interests and expectations. For
the proposed project, project stakeholders include the following categories of persons or
institutions:
a) Those directly impacted by the project such as people living in villages within the
project area. This includes residents of the Kenya Ports Authority and Kenya
Railways Estates adjacent to the project site.
b) Stakeholders that will be affected by the project activities thereby requiring consent
to utilize their resources included institutions such as, Kenya National Highways
Authority (KENHA), Kenya Railways Corporation, and Mombasa Water and
Sewerage Company (MOWASCO).
c) Mombasa County Administration at the county, sub county, ward, location, and
village level.
d) Specifically, the region affected by this project is Mikindani Sub-Location in
Mikindani Location, Changamwe Sub-Location in Changamwe Location,
Changamwe Ward - Changamwe Constituency.
e) Government parastatals such as Energy and Petroleum Regulatory Authority, Kenya
Ports Authority, National Environment Management Authority (NEMA), Kenya
Forest Service e) Community based organizations operating in the project area and
its environs
f) Private sector businesses in the vicinity of the proposed project.
g) The project proponent-FSL
5.5 Public Consultations

Public engagement and stakeholder consultation are fundamental to an effective
environmental and social impact assessment process and for the successful implementation
of the proposed expansion of the LPG Facility. It serves to promote mutual confidence and
trust between the proponent and project stakeholders
Public engagement is an on-going process; for the proposed expansion of the LPG Facility,
stakeholder consultation was initiated during the scoping phase and will continue throughout
the detailed ESIA process, construction, operational phases of the project respectively. The
95
approach to public engagement has been designed to promote meaningful, two-way
communications between FSL and the stakeholders
The public consultation was focused on engaging community residents, estate residents,
businesses, local/public authorities, community leaders, as well as other individuals or
groups that express interest in the project.
FSL is committed to effective and open consultation to ensure that potentially affected
members of the public are fully aware of the project and have the opportunity to make their
views known. The concerns will help ensure that all the important issues are considered in
the environmental assessment.
The public consultation program included: -

• Preliminary consultations;
• One on One meetings;
• Public baraza meeting; and
• Focus Group Discussions
It is important to note that stakeholder consultation is an ongoing process and further

stakeholder engagement will be conducted as the project progresses. Minutes of the meetings
held during the public consultation and digital photographs taken during the meeting are
appended the end of this report.
5.6 Stakeholder Engagement Activities

5.6.1 Preliminary Consultations
The ESIA Team made a reconnaissance visit to the proposed site on 22nd July 2022. The
consultants were able to establish the general project site and specifically made a transect
walk to the bush tank area, railway line, neighbouring industries, other oil terminals and the
proposed administration building site. The Team was accompanied by the FSL strategy
officer and KRC Operations officer who had a good knowledge and understanding of the
proposed project.
Later, the consultants had a meeting with the County Commissioner of Mombasa, Chief and
Assistant Chief of Changamwe and Mikindani Locations and informed them of the proposed
project and the ESIA studies to be undertaken.
The ESIA team also expressed their intention to conduct public baraza meetings with
communities in the project area. The Assistant Chief was well informed on the proposed
project site. This involved project site familiarization and identification of potentially
affected businesses.
96
In July 25th, 2022, the ESIA Team conducted a meeting with the Mikindani and Changamwe
Chiefs and 3 village elders in charge of the potentially affected villages. Later on, 27th July
2022 there was a meeting at the Deputy County Commissioner’s office.
The agenda of the meeting was to discuss on:

• Social organization of the local community (demographics of the people they
represent).
• Identification of other stakeholder representatives in the Community i.e., NGOs,
CBOs
• Areas of challenge within the community.
• Solicitation and guidance on how to carry out community engagement i.e.,
methods of mobilization and project information dissemination
5.6.2 Public Baraza Meetings

Three public baraza meetings were held at the Changamwe Social Hall under the
chairmanship of Changamwe Chief. The first meeting was held on 14th September 2022.
The second meeting was held on 26th October 2022 while the third meeting was held on 10th
November 2022. The Changamwe social hall was an ideal venue for the baraza meeting
because it was a convenient to control crowds and was also a common point for majority of
the targeted stakeholders. The public baraza meetings were held with residents from Mabati,
Bahati, Birikani, Changamwe, National Housing and Bangladesh residential estates as the
immediate neighbour. Residents from these areas are the ones that live within the vicinity
of the proposed site for the LPG plant and are likely to be impacted most by the project and
its activities. The meeting was also attended by the National Government Authority Officers
in charge of the area i.e. Deputy County Commissioner, Changamwe, Changamwe Chief,
Mikindani Chief, Assistant Chief Changamwe, Assistant Chief Mikindani with the village
elders. The Consultants (a Sociologist and Environmentalist) together with the proponents
Engineer were in attendance to provide information to the public and to receive and address
comments. The barazas were presented with information on:
• Description of the project (project design and location);
• The requirements of the EMCA for new projects in Kenya;
• The Environmental Assessment Process;
• Baseline environmental studies being undertaken as part of the ESIA; and
• Potential environmental and social impacts associated with the proposed project.
After giving presentations on the proposed project, the stakeholders were provided with an
opportunity to comment and give views on their perceptions of the proposed project. The
verbal discussions were done in Swahili language as it had been established through the
local leaders that the audience would be most comfortable with the Swahili language. The
respondents were able to comment on the project, highlight the potential positive and
negative impacts of the project and if they are for or against the project. All substantive
97
issues raised with the Firm of Experts during the baraza were noted and responded to. The
issues were then recorded in stakeholder Engagement Plan
5.6.2 Overview of the Stakeholder Engagement Plan during the ESIA
Table 5.1: Summary of issues of concern that arose during Public Participation.
Public Health EPRA, Whether the -PIEA had been engaged to sensitize
and Safety Mikindani mounded LPG the community on LPG Safety on
Chief bullet storage continuous basis
tanks will ensure
that residents are -The mounded technology proposed
safe from inhaled by FSL is one of the safest and has
gas and in the been used in developed countries
event of an - The bullet tanks holding LPG will
explosion be encased in a concrete wall with
sand surrounding the immediate
metallic tank.
- In the event of fire, the bullet tanks,

being protected by 1m of sand and
armored concrete sarcophagus
eliminate any risk of implosion or
fire, thereby limiting any possibility
of fire outbreaks to the nearest tanks,
communities, and business
establishments
- The mounding technology allows

for reduced safety distance (the
distance between 2 tanks) hence the
proponent is able to utilize a small
piece of land to construct tanks with
larger storage capacities as
compared to the bullet technology.
Employment Women, Whether the • The proponent is committed in

youth, PWD Proponent will ensuring effective local content in
leaders, MCAs employ locals. terms of sourcing of skilled,
semiskilled and unskilled labour
throughout all the project phases.
98
Corporate Deputy County Request for water, • CSR activities will be determined in
Social commissioners Health Centre and consultation with community members
Responsibility Office Women, education facility and will take into account the greatest
(CSR) youth, PWD for Changamwe area of challenge to the people.
leaders, residents
Traffic and KR, EPRA, Whether there is a -The contractors will undertake public
movement County plan to manage awareness programs in consultations
patterns Administration traffic that will with the community to identify areas of
result from particular risk and approaches to reduce
construction risk. This is expected to include
activities awareness programs along roads leading
to the site targeting frequent users on
traffic dangers.
• The Project Contractor will develop a

Traffic management plan for the
construction phase of the project
• The contractor will prepare a detailed

plan for signage along the Construction
Area to facilitate traffic movement,
provide directions to various
components of the Works, and provide
safety signages
Skill MCAs, Whether there will -The setting up of the LPG plant will
Enhancement Changamwe be skill require highly skilled, skilled semi-
Chief enhancement at the skilled and unskilled labour. The
LPG facility to unskilled have to be supervised by the
enable the skilled personnel, however, the
employees secure unskilled will be presented with an
jobs in similar opportunity to learn from the skilled as
developments once they work together.
the plant has been
decommissioned • The proponent will train LPG
operators on plant operation and safety
as outlined in their program
Contractor Community How the proponent • The Construction activities will be

Management leaders will manage the managed by a HSE Officer to ensure
Contractor and recommendations made in the ESIA are
ensure they honour implemented by the EPC Contractor.
the agreements
especially with the • Additionally, the Proponent will hire
local communities a Community Liaison Officer from the
and residents community who will handle grievances
related to the project and ensure that
they are addressed appropriately.
99
Impact on Air Community How the dust • The contractor will implement dust
Quality leaders generated from suppression measures including,
construction will sprinkling water, undertaking
be managed excavation works when its less windy,
use of road signage, dust traps and
speed reduction as appropriate and
applicable.
• The contractor will regularly engage

the neighbouring business
establishments whenever activities that
are likely to cause nuisance or
disturbance are planned.
Noise Pollution Community Whether the noise -Provision of personal protective

leaders generated by equipment like earmuffs to workers to
construction protect them from excessive noise
machines shall be pollution that is very harmful to their
maintained at health.
minimal levels
-Conduction of regular noise monitoring
and evaluation tests to ascertain the
levels of noise produced at the site.
-Awareness creation among workers on

the risks of noise pollution on their
health and importance of using personal
protective equipment like earmuffs
regularly.
-Conduction of regular medical check-

ups for workers at the site to ensure that
workers don’t suffer in silence.
-Proper and regular servicing and

maintenance of construction
machineries, vehicles, trucks,
equipment, and tractors.
-Keeping records of maintenance

services and inspection to the
machineries, vehicles, trucks,
equipment, and tractors for future
reference and use.
100
Water WRA, Whether water -Ensuring that the construction
Pollution Community shall be safe for machines have suitable central dust
Leaders, EPRA community use collectors and filters.
-Re-using of the waste water from

construction activities.
-Channeling of the waste water from the

construction site to the storm water
channels for safe disposal.
-Recycling of the waste water for use

again in the construction activities.
-Conduction of monitoring and

evaluation for water quality and
pollution levels at the site.
-Awareness creation on the importance

of conserving and managing water,
using water sparingly and recycling or
re-using water at the site.
-Use of water tarpaulins for trapping

dusts entering water.
Toxic chemical KR, Whether the -Conduction of regular medical check-

emissions Community chemicals shall ups among workers to ensure that they
(Sulphur, Leaders, EPRA negatively impact are not affected by the toxic gaseous
nitrogen, the community emissions from the factory.
carbon
dioxide, Carbo -A shift to green and ecologically
Monoxide, friendly technologies
etc.) from the -Reusing of the toxic chemicals within
proposed the site to ensure that none is released to
liquefied the atmosphere.
Petroleum Gas
facility. -Use of highly electrified magnetic
inductors to trap the toxic air before
release of the cleaner air into the
environment.
-Regular air pollution monitoring to be

conducted to ensure that the air samples
being released into the atmospheric air
is clean and habitable.
101
Table 5.2 Summary of project benefits
Summary of project benefits
Benefit Impact
Increased Employment • Improved livelihood standards of the local people.

Opportunities • Opportunities for specialized skill development.
Availability of Affordable • Improved livelihoods.

Liquefied Petroleum Gas • Improved business activities.
• Availability of cleaner energy and positive impact on climate
Business Growth • Economic growth – mushrooming of small-scale businesses in

the vicinity
• Opportunities for self-employment
Improved Security • Improved business environment.

• Improved individual and business safety and low crime rates
Revenue Generation • Expansion of business and promote new developments

• Improved infrastructure (roads, water, hospitals, etc.)
Improved Local Community • Improved health.

Member’s Living Standards • National and county economic growth.
Improved Environmental • Clean source of energy.

Management and • Environmentally friendly source of energy (an alternative to
Conservation environmentally destructive ones like charcoal).
Neighbours when consulted pledged their full support for the project citing such benefits
like access to clean and environmentally friendly energy (liquefied petroleum gas),
employment opportunities, easy and convenient access to goods and services, improved
economic and business growth, revenue generation to the national and county governments,
modern infrastructural facilities provision, and business opportunities and growth, among
others. A few project neighbours who had concerns were consulted and assured that all their
concerns will be properly addressed and where possible, their involvement will be required
for a transparent and accountable project implementation process.
Public Participation meetings notes are attached in the appendices of this report
5.6.3 Focus Group Discussion
Focus Group Discussions with Business Operators in consultation with key informants from
the community i.e., the Chief, Village elders and members of the public (during the public
baraza meeting), business operators were identified. The FGD was focused on determining
102
how the proposed project would impact on them. The key views, concerns and requests
collated during these consultations are aggregated in the Stakeholder Engagement Plan
Fossil Supplies Limited prepared a Project Brief which was shared with Key Stakeholders
namely: -
• Ministry of Energy and Petroleum
• Mombasa County Government
• Member of Parliament Changamwe
• Kenya Pipeline Company
• Petroleum Institute of East Africa
• Energy Petroleum Regulatory Authority
• Kenya Petroleum Refinery Limited
• Kenya Civil Aviation Authority
• Kenya Maritime Authority
• Kenya Railways
5.6.4 One on One Meetings

One on One Meetings with relevant organizations / Lead Agencies and Government
departments During the SR Phase, the following organizations and government departments
relevant to the project were identified and consulted:
• Changamwe - Deputy County Commissioner (DCC)

• Jomvu - Deputy County Commissioner (DCC)
• Member of Parliament for Changamwe
• Member of Parliament for Jomvu
• Kenya Airports Authority
• Kenya Civil Aviation Authority
• Members of County Assembly Changamwe and Jomvu
• Speaker of Mombasa County Assembly
• National Environmental Management Authority (NEMA)
• Kenya Ports Authority (KPA)
• Energy &Petroleum Regulatory Authority (EPRA), Mombasa
• Kenya Railways Corporation (KRC), Mombasa
• Transpares limited
• APM Limited
• Multiple Hauliers Limited
• CMC Motor Group
• Kingorani EPZ
• Water Regulatory Authority (WRA)
• Kenya Petroleum and Refineries Limited (KPRL)
• Kenya Pipeline Company Limited, Mombasa Office
• Mombasa Fire Brigade
103
During the One-on-One meeting the ESIA team and the Proponent discussion
included but not limited to: -
❖ Project introduction
❖ Obtain information on policies and plans relevant to the project.
❖ Developmental activities in the area.
❖ Facilitation and coordination of Public Participation in the proposed project.
❖ Get their views and concerns on the proposed project.
Public Participation 1 Photos of 14th September 2022
104
Public Participation 2 Photos of 26th October 2022
105
Public Participation 3 Photos of 10th November 2022
106
CHAPTER SIX: ENVIRONMENTAL AND SOCIAL IMPACTS AND THEIR
MITIGATIONS
6.1 Introduction
This chapter presents the potential impacts associated with the project, perceived impacts by
consulted stakeholders, as well as the proposed assessment methodology and any potential
mitigation options that have been identified at this stage of scoping.
6.2 Construction Phase Impacts
The proposed project is anticipated to generate the following impacts on the biophysical
environment. It is expected that the significance of these impacts will reduce with the
proposed mitigation measures as outlined.
6.2.1 Geology and Physiographic Impacts
The geology and physiography of the project area will be affected by activities that will
include; mobilization of equipment, earthworks and civil related works and erection during
facility construction. The risk of subsidence due to passage of heavy vehicles is negligible
due to the geology, but localised compaction of surface soils may occur in some places due
to vehicular movement. There might be scarring and displacement of sediments from
quarries and borrow pits while extracting materials for civil work activities.
6.2.1.1 Mitigation Measures
The proposed project site is localized in coverage thus no major alterations to

geomorphology, geology and physiography. However, to prevent the localized impacts:
• The proponent should strive to confine heavy equipment and vehicular movement
to existing road access.
• Defined vehicular access routes will be in place onsite and within the project area.
• In case a borrow pit is established to acquire materials for civil work then the pit/
quarry should be reclaimed afterwards.
• The construction activities should not alter or in any way interfere with any natural
or manmade watercourses.
6.2.2 Soil Erosion and Pollution

There is a possibility of soil erosion and pollution to occur during construction phase of the
project. There will be vegetation clearance which would lead to soil erosion when bare-land
is exposed to natural agents such as wind and surface run-off. Removal of top soil after site
clearance by agents such as wind, rain water, and surface run off is a likely action to occur.
Similarly, accidental oil spills from construction equipment and discharge of wastewater
from equipment washing to the environment might accelerate soil pollution to some extent.
Oil spills may infiltrate into soil causing soil pollution and later water/marine pollution.
107
However, this impact is localized around machinery maintenance areas or garage and areas
of concentrated activities.
6.2.2.1 Mitigation measures

1. Minimal vegetation clearance on the site and where necessary stumps left intact to
bind soil together.
2. A safety data sheet should be maintained for all potentially hazardous materials, as
well as supporting documentation for the transport, use and disposal of such
materials used in construction.
3. Used motor oil and filters from vehicles and generators should be removed from
the area for proper disposal.
4. Used motor oil should not be used for dust suppression on access roads.
5. Disposal of chemicals and motor oil should be documented, including quantities
involved and disposal locations.
6. A plan should be prepared to prevent and contain accidental oil discharges or fuel
spillages.
7. A licensed waste oil handler should collect used oil from the site for safe disposal.
8. Re-vegetate disturbed areas once construction and demolition works are completed
during construction and decommissioning phases respectively, and
9. Carrying out site audits and surveys to identify any contaminated areas and
remediate them accordingly.
6.2.3 Delivery of LPG Vessels by Sea

The LPG Vessels shall be imported by barge/ship in complete units, received at the
management sites private berth, driven to receiving rails by Self Propelled Modular Trailer
(SPMT) and skidded into final position. This method of transportation and installation is
well tested for fabricated units of this scale. It is anticipated that the entire delivery and
installation process should take a short time for all vessels, with fully supervised shifts
working 24 hours.
• A full offloading and installation methodology should be developed, with

supporting engineering design and checks, to ensure the safety of the offloading,
delivery and installation operation.
• The offloading, delivery and installation operation should be undertaken during
favourable weather conditions with close attention paid to weather forecasts and
wind conditions it the project site.
6.2.4 Noise and vibration

Construction techniques will involve:
108
1. Driving of piles into the ground extending to the basalt formation. Methods
may include driven, percussive or auger installed piling techniques.
2. Noise generated through excavation and tipping of fill material.
3. Noise generated from power generator.
4. Noise generated through the operation of heavy construction plant.
Impact receptors will be the construction workers within the site and the personnel on
adjacent property closest to the noise source. Adjacent properties are located a significant
distance from the construction site and this will provide a good level of attenuation from the
noise sources. These properties are of largely an industrial nature and may therefore be
considered less sensitive, especially where heavy plant or noisy processes are in operation.
In addition, the prevailing wind is from an easterly direction. Which may also have a
noticeable effect in reducing the noise levels on adjacent property.

The following mitigation measures are proposed to reduce the impacts:
1. Construction workers will be provided with appropriate ear protection.

2. Use of vibratory hand operated equipment will be minimized
3. Noisy operations will be restricted to daytime operation.
4. Power generator and other equipment should be state-of-the-art and equipped
with silencers/mufflers where the option is available.
5. Effect a noise regulation policy for all operations in accordance with the
Environmental management and Coordination (Noise and Excessive vibration
pollution) Regulation.
6. Construction plant will be maintained in good running order; all vehicles
should comply with the requirements of Road Traffic Act.
6.2.5 Air quality
The main issues with regard to air quality during construction are:
1. Dust generated during the earthworks, mud on roads.

2. Exhaust gases from the operation of heavy plant can be a potent source of NOx,
CO, PM and other pollutant.
Impact receptors will be.

1. Construction workers within the site
2. Personnel on adjacent properties closest to the noise source.
Adjacent properties are located a significant distance from the construction site and this will
provide a significant buffer to the proliferation of dust nuisance. In addition, the prevailing
winds will tend to also reduce the impact, however, it is noted that when the wind turns from
the south or the west this could exacerbate any nuisance.
109
The following mitigation measures are proposed to reduce the air quality impacts.
1. For potentially dusty earth works operations, construction workers to be

enclosed within ventilated cabs or provided with facemasks for potentially
dusty earth works operations.
2. Where appropriate water damping to be used to control dust. Particular attention
to be paid when the wind is from the south or west.
3. Limit traffic speed and restrict movement of vehicles as to minimize dust
generation.
4. Construction plant will be maintained in good running order; all vehicles should
comply with the requirements of Traffic Act Cap 403 and its subsequent
regulations for emission control.
6.2.6 Water Usage

It is assumed that potable/fresh water requirements during the construction stage will be met
through bowsers provided by licenced water vendors, or a temporary CWSB connection to
feed the site compound. Potable and fresh water will be provided for the welfare of
construction workers, for wash-down of equipment and for damping down of earthworks to
reduce dust. These requirements will be commensurate with efficient construction practices.
A considerable volume of water will be required for the hydro-testing of the pressure vessels.
It is proposed that this will be pumped directly from the sea into the clean vessels. Following
testing, the uncontaminated water will be discharged to the sea. Seawater may also be used
for damping down during earthworks operations.

1. Install and properly manage site sanitation facilities.
2. Ensure that all taps are well fit and leaking.
3. Ensure that portable water is not used in ablution or sanitary facilities.
6.2.7 Energy Usage

It is assumed that all electrical requirements during the construction stage will be met
through on-site generators or a temporary Kenya Power and Lighting Company connection
to feed a site office. It is in the contractor’s interests to ensure that fuel consumption is
reduced to a minimum and commensurate with efficient construction practices.

1. Ensure that all lighting system are switched off when not in use.
2. Install energy saving bulbs.
3. Design the office infrastructure to maximise the use of natural light.
4. Install metering system for energy monitoring.
110
6.2.8 Road Traffic
Road traffic will be generated to and from site during the construction stage due to: -
1. Transportation of construction workers using the existing road network.

2. Transportation of imported construction materials using the existing road network;
i.e. imported mound fill, ready mixed concrete, reinforcement, road materials, other
building materials.
3. Transportation of exported fill to an agreed reclamation site or other licensed
dumping ground.
Impact receptors will be:
❖ Users of the entrance roads and the connecting public access.
The likely increase in movements during peak construction will therefore amount to minimal
impact compared to the existing situation. This impact is therefore assessed as negligible
and it is proposed that a full Traffic Impact Assessment is not necessary. The site activities
themselves will be well confined and it is proposed that close liaison with the affected parties
will avoid any significant nuisance.
In order to minimise the impact of additional road traffic during construction stage the
following measures will be adopted:
1. Deliveries will be made to site outside of the periods of high congestion on the
public road system (i.e. early morning, late afternoon).
2. Materials haulage companies to use competent drivers and ensure that shift
patterns do not result in excessive working hours resulting in compromised road
safety.
3. All haulage vehicles shall be maintained in good running order and should
comply with the requirements of Road Traffic Act.
4. Should the surface materials at site generated by preliminary earthworks and
piling be of suitable quality these materials shall be deployed and the volume
of imported materials diminished.
5. Where feasible, and to limit the number of movements of haulage vehicles to
and from the port area, it is anticipated that bulk materials will be shipped to
port and moved directly to site (i.e. steel reinforcement, geogrid, etc. subject to
appropriate port clearance).
6.2.9 Impacts on Terrestrial Biodiversity

Construction activities at the project site will require stripping of top soils and clearance of
few trees, shrubs and vegetation where the facilities will be located. Although minimal, few
floral species mainly Azadirachtaindica and Mangiferaindica as well as leuceanaspp species
111
will be cut to pave way for new facilities. The project site has no rare or scarce plant species,
the vegetation consists mainly of grasses and common shrubs. It is therefore determined
that, there is negligible impact to terrestrial biodiversity.

1. Plant more ornamental trees/flowers to stabilize stripped top soil.
2. Clear vegetation only in construction areas and demarcate areas where no clearing
will happen.
3. Educate contractors on the importance of flora and fauna in the area, including the
appropriate regulatory requirements to preserve fauna and flora.
4. Avoid/minimize paved surfaces on the site.
6.2.10 Water Quality

During construction poor maintenance and operation of heavy trucks and equipment might
lead to oil and fuel spills at the construction site which may contaminate land and surface
water resources in the area. Other sources include; silt load run-off due to surface erosion
particularly during earthworks activities and fuel storage and re-fueling of vehicles, liquid
bitumen from asphalt surfacing. The Site is also located centrally within the main industrial
area of Mombasa County. The immediate marine ecosystem is not considered to be of a
sensitive nature. However, in order to minimise the risk of reduced water quality during
construction stage the following measures will be adopted.

1. Earthworks activities shall be halted when rain conditions are such that
excessive erosion and silt loaded run-off noticed.
2. The construction programme will avoid excessive exposure of bare earth
surfaces which may be more prone to erosion.
3. If appropriate, settlement lagoons can be used to allow silts to be retained prior
to discharge of run-off to the existing drainage channels or direct to sea.
4. Care will be taken to avoid excessive mud being transferred by construction
plant to the access roads and public highway. Where this is likely to become a
nuisance, it will be cleared by the contractor.
5. Consideration will be given to undertaking routine maintenance of plant and
vehicles off-site in a properly equipped workshop.
6. All haulage vehicles shall be maintained in good running condition and should
comply with the requirements of Road Traffic Act.
7. Existing drainage channels to be cleared of silt / debris and trash screens
installed if appropriate.
8. Used oil interceptors shall be installed to trap any accidental leakages.
9. All effluent shall be treated before discharge to any sewer line.
112
6.2.11 Solid Waste
Construction activities will lead to solid waste generation mainly from non-degradable and
non-toxic materials: Such as Plastic and metal packaging materials, excess concrete from
ready-mix deliveries, Metal off-cuts from trimming reinforcing bars and pipes to length.
Whereas degradable and non-toxic: shall be generated from food wastes, papers, cardboard
and timber packaging materials and this will lead to an increased load on the
municipal/county waste authority. All options will be considered in avoiding or minimising
transporting any unsuitable excavated materials from site, as this is undesirable from both
an ecological and economic perspective. The quantity of material for disposal will be
determined by further soils investigation and testing. The identification of a suitable
reclamation area or dumping ground will be through further discussions with the KPA in
consultation with the county government of Mombasa and will of course be subject to
appropriate licensing. A location close to the Site will be preferred.
In order to minimise the impacts due to the generation of solid wastes during construction
stage the following measures will be adopted.

1. The contractor shall put in place a waste management plan aimed at minimising
the production of all wastes.
2. Where possible measures will be put in place to recycle materials such as metal
offcuts, some plastics and clean paper/cardboard utilising existing specialist
recycling firms in Kenya.
3. A suitable location within site for placing excess concrete and washing down
equipment will be agreed with no discernible impact.
4. Non-recyclable materials will be segregated and stored in plastic bins, collected
and disposed of through the municipal waste system.
5. Provide disposal bins at designated areas at the project site to help in waste
segregation to encourage recycling.
6. Enforce regular collection and disposal of garbage by the project contractor
through licensed NEMA waste handler
7. Clean storm water drains to minimize clogging
6.2.12 Foul Smell

There shall be effluents from the civil works, workers and storm water drainage. It is
envisaged that during construction stage, effluents that shall be discharged will be domestic
effluent generated by the construction workers which will peak at an estimated 100 people
per day. Essentially from toilets, showers and mess facilities. No construction process
related effluents will be generated.
1. Firm measures will be enforced to ensure that construction workers do not foul
areas surrounding the site.
113
2. The sewerage will be collected and treated via an on-site septic tank and leaching
field, with arrangements in place for periodic de-sludging and disposal using a
licensed carrier by County Government of Mombasa and NEMA.
6.2.13 Landscape and Visual Environment

Construction activities such as clearing of top soil and few shrubs, transportation of earth
moving materials/equipment to the site and construction of the storage mounds will have
insignificant impact on aesthetic values of the area. In addition, the size of the liquefied
petroleum gas mound is considerable. This is considered in the context of the adjacent port
facilities and an extensive number of large industrial sheds, buildings and other structures.
Whilst the proportions of the mound are large, they are not dissimilar to many of the
industrial buildings within the port. As the sides of the mound will be concrete clad, this
may from a distance appear building like. It is considered that existing port structures will
continue to dominate the skyline.
An appropriate level of external lighting will be installed for operational and security
purposes. In the context of the adjacent port facilities, which also utilise external lighting
this is not considered to be significantly visually detrimental. Despite the facility posing no
major visual impact consider the following mitigation measures where appropriate.

1. Consider suitable paint colour for large structures that can blend with the
background minimise visual impact to adjacent areas.
2. Ensure good housekeeping of the site in order to create a positive image in the eyes
of the public.
3. Consolidating facilities within the boundaries of the project area.
4. Designing fencing to follow the contour of natural and planned vegetation to
maximum visual screening to the extent practicable.
5. Use of directional lighting to limit light spill (i.e. spread of light outwards from
where it is needed into adjacent areas).
6.2.14 Occupational Accidents
Construction workers are prone to accidents resulting from construction activities. These
accidents may have acute or chronic impacts depending on nature, severity and intensity. In
this regard, construction and mobilization activities of the proposed LPG storage facility
would result into accidental injuries and hazards which can negatively impact the workforce.
Because of the intensive engineering and construction activities including erection and
fastening of roofing materials, metal grinding and cutting, concrete work, steel erection and
welding among others, construction workers will be exposed to risks of accidents and
injuries. At times, such injuries may be from accidental falls from high elevations, injuries
from hand tools and construction equipment cuts from sharp edges of metal sheets and
collapse of building sections among others.
114
The proponent should provide and maintain a working environment in which employees are
not exposed to hazards through:
1. Maintaining safe workplaces, plant and work systems.

2. Providing information, instruction and trainings.
3. Consulting with employee-elected health and safety representatives and/ or other
employees about occupational health, safety and welfare.
4. Providing adequate personal protective clothing and equipment.
5. Ensuring all work procedures are undertaken without exposing workers to hazards.
6. Staff needs to be educated on preventing infection by thorough hand washing after
work and before eating and also by ensuring all PPE are in good condition.
7. Adequate respiratory protection including properly fitted masks equipped with
filters especially designed to capture dust and micro-organisms shall be provided.
8. Ensuring chemicals are stored in a designated enclosed area, and material safety
data sheets (MSDS) that provide advice on storage, emergency and first aid of these
chemicals are within easy reach.
9. Install and operationalize effective Fire-fighting and Emergency Evacuation Plans;
10. Ensuring that there is basic first aid facilities for staff and clean up equipment for
any spills that occur, and
11. Training should be provided for all staff to ensure adequate knowledge of safe
manual handling and correct use of equipment and vehicles by covering all safety
procedures to ensure that general work safety exists on the project.
6.2.15 Employment opportunities

Construction of the storage terminal will have substantial labour benefits to the county.
Labour required from the local workforce is estimated to be high. It is therefore concluded
that the provision of employment opportunities during construction will therefore provide a
positive socio-economic impact.
6.2.16 Impacts on Security
The presence of labourers and expensive construction equipment, machinery and materials
in the sites could potentially pose a security risk at the project site. Furthermore, offenders
may capitalize on the increased movement during construction and anonymity created by
the construction activities to carry out criminal activities in the site and surrounding areas.
The impacts on the area’s security is considered to be of medium significance. Therefore,
appropriate security measures should be provided at the site through fencing, security
checks/screening of workers and their guests and 24 hours security watch by expert security
men to prevent such criminal activities from happening at the site.
6.2.17 Income Generation among Suppliers
During construction phase, the proposed project plan to import construction materials from
overseas countries and also source locally available materials such as cement, iron sheets,
115
steel bars, pipes, etc. from the local market. This demand therefore, will create market for
local people in Mombasa and/or elsewhere in the country engaged in supplying construction
materials leading to significant positive economic benefits to suppliers in Mombasa.
6.2.18 Increased STDs and HIV/AIDS Cases

The project is expected to employ or contract a significant number of staffs and casual
labourers during construction and operation phases. Social interactions among staffs and
with locals cannot be avoided. Considering the nature with which HIV/AIDS is contracted
and spread, this number is significant to make a serious contribution to the pandemic. Also,
presence of monetary strength will act as catalyst and thus enhance such social interactions
between the project workers and the local people. The extent of this impact is localized with
a medium intensity. It is likely that the impact might occur. The impact can be highly
improved/eliminated with mitigation. Therefore, the impact is negative and of high
significance.
The proponent should provide and maintain a working environment in which employees are
save through:
1. Advocacy on safe life practices through signages

2. Peer education to all
6.2.19 Informal Business Growth

During construction period the informal sector will benefit from the operations. This will
involve different local entrepreneurs such as local food vending operators who will be
selling their products and services to be used on site. Such a move for instance, shall promote
these local entrepreneurs in the local areas as most of the workers working on the proposed
project site will be buying food from them.
6.2.20 Impact on Surrounding Social Facilities

The impact on the surrounding social facilities and services will be detrimental. A study of
the area suggests that the existing social facilities are not sufficient to sustain and
accommodate the people who currently live in the area hence the pressure that will be placed
on the resources. This is very significant and the proponent needs to make plans on how
basic needs will be met by his work force. Such social facilities include water supply and
healthcare facilities.
6.3 Operational Phase Impacts

The impacts of potential increases to future production of downstream liquefied petroleum
gas bottling plants are outside the scope of this assessment. The global impacts of increased
local consumption of liquefied petroleum gas are also outside the scope of this assessment.
116
6.3.1 Soil Erosion
Environmental baseline data of soils is documented to provide a baseline against which
possible impacts were to be assessed. Soil erosion would occur during the operational phase
activities involving earthworks during maintenance and rehabilitation activities. Paved
surfaces and compacted soil could decrease soil absorptive capacity and result to increased
surface run-off. The surface run-off could result to adverse effects such as erosion of the
topsoil layer and blockage of surface drainage.
1. Minimal earthworks to be undertaken during rehabilitation.
2. Restore all the sites that were damaged during rehabilitation.
3. All storm water should be drained separately and not allowed into the pits.
6.3.2 Marine and Aquatic Environment

The impact sources from the project operations will include mobilization of equipment and
machinery, construction wastes, oil leakages and storm water. These potential sources might
have detrimental effects to coastal and marine sources / habitats if poorly implemented.
Therefore, owing to the geomorphological and drainage nature and pattern on the site, the
aquatic/marine environments will be susceptible to changes in surface hydrology and
contamination of surface water and the marine environment especially during rainy seasons
as a result of increased storm run-off. Contaminations of the water sources through
sedimentation as a result of surface run-off refuse/ garbage disposal /septic systems, and
fuel/ oil-based products. These processes might then lead to a change in the ecology of the
marine/ aquatic environments and also the socio-economic well-being of the local
communities as a consequence of related possible reduced productivity of the aquatic
habitats in the adjacent areas. This can be through disturbance to benthic habitats, marine
pollution from accidental discharges and introduction of invasive marine species.
6.3.2.1 Mitigations Measures

1. Liquefied petroleum gas Vessels/storage tanks utilized for the activity are not
allowed to leak or discharge content.
2. All equipment, vehicles and machinery should be sanitized prior to
mobilization to the project site to avoid transfer of invasive/alien species and
remove bio fouling.
3. All project activities should be located away from shores of the Indian Ocean,
sea grass beds, coral reef areas, productive shallow water areas and any other
environmentally sensitive area.
4. All sewage and putrescible wastes should be handled and disposed-off in
accordance with EMCA Waste management regulation, 2006.
5. All harmful packaged substances should be handled and disposed of in
accordance with MARPOL.
117
6. A Garbage Management Plan should be put in place detailing wastes generated
and disposal requirements. There should be no discharge of plastics or plastic
products of any kind from vessels to the aquatic environment.
7. All storage facilities and handling equipment will be in good working order
and designed in such a way as to prevent and contain any spillage as far as
practicable.
8. All solid, liquid and hazardous wastes (other than sewage, grey water and
putrescible wastes) should be compacted and stored in designated areas and
sent onshore for recycling, disposal, treatment or appropriate final disposal.
9. There should be correct segregation of solid and hazardous wastes.
10. Used motor oil and filters from vehicles and generators should be properly
disposed of, and
11. A log of any chemicals and motor oil disposed should be maintained. This
should include the quantity disposed and the disposal location.
6.3.3 Noise
The normal operation and maintenance of the proposed facility will generate little, if any
noise.
Noise from the operations of the Kenya Railways is significant. Adjacent properties are of
an industrial nature and may therefore be considered of limited sensitivity, especially where
heavy plant or noisy processes are in operation (i.e. tipping of coal, fabrication etc.).
1. Ensure the affected workers are provided with appropriate ear protection
equipment
2. Isolated noisy operations will be restricted to daytime operation.
3. Power generator and other equipment should be state-of-the-art and equipped with
silencers/mufflers where the option is available.
4. Effect a noise regulation policy for all operations in accordance with the
5. Environmental management and Coordination (Noise and Excessive vibration
pollution) Regulation.
6. Ensure that all vehicles are compliant with the requirements of Road Traffic Act.
6.3.4 Air Quality

There are no venting scenarios anticipated during normal operation of the proposed facility,
including offloading of LPG carriers. Vapour displaced from the storage tanks of the LPG
carriers is fed back to the mound (and vice-versa) as a closed system to prevent major
pressure changes between the LPG in storage at the mound and ship. There are no venting
scenarios anticipated during normal maintenance. The facility utilises LPG compressors to
recover liquids and vapours from the LPG Terminal between valve isolation. Vapours are
compressed and liquefied and then returned to any remaining active storage or export to a
ship if necessary. Stenching (or odorising) of the LPG product does not take place at the
118
proposed facility, therefore the risk of odour nuisance from spills is eliminated. In the
unlikely event of LPG release to Lower Explosive Limit will neither be toxic nor polluting.

1. The following mitigation measures are proposed to reduce the air quality impacts.
2. Carry out baseline air quality and periodic air quality checks
3. Where appropriate water damping to be used to control dust. Particular attention
to be paid when the wind is from the south or west.
4. Limit traffic speed and restrict movement of vehicles as to minimize dust
generation
5. Ensure all vehicles have complied with the requirements of Road Traffic Act and
its subsequent regulations for emission control.
6.3.5 Water Usage

A potable water connection shall be provided by the CWSB supply. Based on a daily
consumption estimate of 50 litres per person per day the water supply required shall be no
more than 5,000 litres per day. This increased demand in the local CWSB network may be
considered negligible; however, commitment of supply must still be sought from CWSB
and any improvements to offsite infrastructure agreed.

In order to minimise the impacts during operation due to increased water usage the following
measures will be adopted:
1. The site distribution network and connection to the CWSB supply will be
designed and constructed to industry standard specifications to ensure losses
within the new network are reduced to a minimum.
2. Where appropriate, water efficient fittings will be used, i.e., wash hand basins,
showers etc.
3. The firewater distribution system will connect to a Fossil Supplies Limited Station
owned and maintained dedicated firewater pump house located at the facility.
4. Evaluate the need to tap the infinite sea water for fire fighting
5. Construction of 2,500 cubic meter water tank for fire cover
6.3.6 Energy usage

An electrical power connection shall be provided by the Kenya Power and Lighting
Company. The electrical power requirements for the facility during normal background
operations are estimated to be average. This increased demand in the local Kenya Power
network may be considered negligible; however, commitment of supply must still be sought
from Kenya Power and any improvements to offsite infrastructure agreed.
119
In order to minimise the impacts during operation due to increased energy usage the
1. The facility will be provided with generators to provide operational backup

should the Kenya Power supply be interrupted.
2. Where appropriate, energy efficient fittings will be used, i.e. lighting,
controls etc.
3. Implement Energy saving technology such as Variable Frequency
Drive (VFD)
4. Carry out periodic energy audits for the facility
6.3.7 Road Traffic

Road traffic to the site will comprise staff vehicles and the occasional delivery vehicle for
maintenance or domestic goods as well as trucks loading LPG for wider distribution.
In order to minimise the impact of additional road traffic during operational phase, the
1. Ensure that outward distributions are made outside of the periods of high
congestion on the public road system (i.e. early morning, late afternoon).
2. Materials haulage companies to use competent drivers and ensure that shift patterns
do not result in excessive working hours resulting in compromised road safety
3. All haulage vehicles shall be maintained in good running order and should comply
with the requirements of Road Traffic Act.
4. The Proponent to implement a Traffic Management Plan
6.3.8 Marine Traffic

LPG carriers will use the existing Shimazi Oil Terminal (SOT) berthing facility. The new
KOT facility is expected be ready by 2023. The number of LPG ship calls is anticipated to
be two per month at peak of operations. This increase should be considered within the
overall context of the port. The size of the import LPG carriers will increase up to
approximately 25,000 DTW. The container ships, which currently operate out of the Port
Reitz Container Terminal are often significantly larger than the maximum anticipated size
of LPG carrier, and will outnumber the large LPG significantly. Increased LPG import
through the private berth shall allow some congestion from the current import position at
Kipevu Oil Terminal to be alleviated.
Impact receptors will be:
1. Other shipping operating within the vicinity harbour.

2. The marine environment and ecosystems.
3. Existing port infrastructure, berthing and offloading facilities.
120
The anticipated increase in number of LPG carrier movements is non-negligible but is
understood to be well within the capacity of the port.

1. KPA to control and regulate shipping movements within the port area.
2. KPA to have adequate controls enforced to ensure the safety of ship manoeuvres and
berthing operations, and that this includes the avoidance and mitigation of potential
negative environmental impacts.
3. Put in place good marine traffic plan.
4. Work in collaboration with KPA to ensure the safety of ship movement and berthing
operations.
5. On the assumption that adequate controls are in place regarding port shipping
movements, the potential impacts due to the overall increase in movements and size
of LPG Carriers are assessed as low.
6.3.9 Water Quality

The main issue with regard to water quality during operation is the potential for hydrocarbon
spills from vehicles or equipment during maintenance‖ discharging into the marine receiving
waters immediate West and South of the site. Another major source of risk to water quality
is storm water run-off from the mound being contaminated by oil or other pollutants by
virtue of any release of product being gas which will vapourise if released.
NB – there is no venting of gas during normal operations or maintenance.
In order to minimise the hazard from storm water run-off from the car park the following
mitigation measures shall be employed.

1. The proponent to ensure that oil water separator (OWS) or interceptor is installed
in all drainage system of the site to enable safe disposal of storm drain prior to
discharge from site.
2. A maintenance regime will be in place to ensure the correct functioning of the oil
interceptor. The storm water drainage system within the site will, if appropriate,
include trash screens and silt traps prior to discharge to the sea. These will be
maintained by the operator, particularly after cyclonic conditions when the system
may be put under stress.
For LPG carriers the ballast water is understood to be clean discharge, and therefore poses
no pollution threat to marine or terrestrial ecosystem. Potential water quality impacts during
operation are therefore assessed as low.
6.3.10 Generation of Solid Waste
During normal operation and maintenance of the facility no residues are expected to be
produced which will require disposal. Solid wastes produced during the operation of the
121
facility are expected to be of a domestic nature comprising; Non-degradable and non-toxic:
Plastic wrappings, miscellaneous office wastes such as printer cartridges and compact disks
(CDs) amongst others while degradable and non-toxic: Food wastes, Paper and cardboards.
It is anticipated that not more than 10kilogram of wastes will be produced per day; this will
be stored in plastic bins, collected and disposed of through the municipal waste system.
Other feasible measures include;

1. The wastes should be properly segregated and separated to encourage
recycling of recyclable materials using NEMA accredited Kenyan firms.
2. Provide dustbin cubicles at designated locations for collection point.
3. Place waste receptacles at strategic points to discourage littering.
4. The proponent to work hand in hand with private refuse handlers and the
County Government of Mombasa to facilitate waste handling, and disposal
from the site.
6.3.11 Generation of Foul Effluents

There shall be effluents generation from administration staff and other workers/employees
and it is envisaged that during operation stage, effluents that shall be discharged will be
domestic effluent essentially from toilets, showers and mess facilities. The sludge will be
channeled to on-site septic tank and leaching field, with arrangements in place for periodic
de-sludging and disposal using a licensed carrier from either private or county government
waste handlers. Other measures are as outlined below;

1. Conduct regular inspections for sewer pipe blockages or damages and fix them
before any leakage to terrestrial or aquatic environment;
2. All drain pipes passing under the building, driveway or parking should be of heavy-
duty PVC pipe tube encased in 150mm concrete all round. All manholes on drive
ways and parking areas should have heavy duty covers.
3. Ensure no undue interference with the laid drainage system.
6.3.12 Terrestrial Biodiversity

There is a little vegetation on the site at the moment which will be cleared to pave way for
the project construction. However, during operation activities, fauna such as small bird life
and Monkeys will have to find new nesting and homes. It was also observed that there is no
terrestrial biodiversity of significance within the project site as most of birdlife observed are
migratory.
122
1. Landscaping should be done within the site to improve site appearance after project
completion.
2. Minimize vegetation clearance and preserve few trees within the project site to
provide nesting ground for birdlife and monkeys home.
3. All vehicles coming into the site must use designated roads.
4. Work areas should be clearly defined and demarcated, where necessary to avoid
unnecessary disturbance on areas outside the development footprint.
5. Develop a plan for control of harmful weeds and invasive plants that could occur
as a result of new surface disturbance activities at the site.
6.3.13 Occupational Health and Safety

The calculated individual risk levels for all categories of staff do not exceed the acceptability
criteria for broadly acceptable risk, and are one order of magnitude lower than the
benchmark used by the major oil and gas companies (including Shell, Total, Esso, and BP).
The mounding minimises the risks present to the adjacent neighbours to a position where
additional risk imposed on their operation is insignificant. The mound effectively eradicates
jet fire and flash fire risk modes from propagating towards the adjacent neighbours. Pumps,
compressors, liquid and vapour lines are planned to be located in a way that any potential
leaks and subsequent potential jet fire from the equipment is deemed unlikely to impact the
operations, maintenance and administration building. The orientation of the mound and
position of the import and export pipework have been chosen to ensure that the predominant
risk faces out towards the sea channel which is currently unoccupied. For this case, future
development in this area will need to consider the mitigation of these risks either through
the construction of a firewall, appropriate set-back and / or other measures.
6.3.13.1 Mitigation Measures for Site safety

1. The number of mechanical joints should be kept to minimum, replace mechanical
joints by welded joints where practicable. This shall be of help in reducing the
leaks from flanges.
2. Deployment of a local firewall around the equipment found on top of the mound
to eradicate any potential fire radiation impact onto the roof of the building.
3. Flammable gas detection system should be fitted across the site, including in the
vicinity of the building.
4. Ensure that upon flammable gas detection local to the HVAC intake duct, the
building air HVAC is tripped to prevent gas ingress into the building
5. Building should be constructed in-line with International standards, guided by the
purpose of its usage.
6. Hazardous Area Classification should be conducted and findings to be
implemented.
123
7. Active fire protection system should be designed in line with relevant international
codes/ standards.
8. Suitable standard operating procedures and Preventative maintenance programmes
should be prepared and implemented.
9. Site specific Emergency Response Plan shall be prepared.
10. Any inspection and maintenance undertaken within the pressure vessels should be
undertaken by personnel trained in confined spaces.
11. All LPG liquids and vapours will be removed from the system using the dedicated
compressors / recovery system, prior to entry.
12. Public access to the undeveloped areas immediately adjacent to the facility shall
continue to be controlled and monitored in liaison with the operational staff, and
kept to a minimum.
13. Implement HSEMS integrated Management System.
In the event of a cyclone the facility will be placed in Shutdown Mode with all ESD valves
isolated. The control room will remain manned by CCTV and a security guard. Appropriate
freeboard and slopes will be afforded around the building to avoid potential flooding due to
surface water run-off. The building structure will be designed to resist wind gusts imposed
during severe cyclones. Therefore, the risk to the security guard during the cyclone will be
similar to any well-designed modern building. Applicable Occupational Health and Safety
mitigation measures as outlined in construction phase will be implemented
6.3.14 Fire Prevention and Management

The proponent has developed fire procedures and guidance information that will be
implemented on the project site to help in the prevention and management of fire. The
document helps highlight fire hazards, precautions and suppression facilities necessary to
prevent fires from occurring or spreading to prevent loss of life, serious injuries and damage
to plant, equipment and structures. The major source of fire is likely to be caused by gas
leakage which when it will come into contact with naked flames then there is the possibility
of fire occurring on the site.
The following general instructions should be followed and adhered to by the proponent:
1. Materials and equipment should be maintained in an orderly manner that reduces

or prevents the possibility of fire spread.
2. Materials should not be stored in a manner that obstructs fire points, sprinkler
heads, alarms, emergency exits, electrical panels and walkways.
3. Materials should not be stored close to, or in a manner that conceals, floor openings
or hoist ways.
4. Consideration should be given to the fire loading imposed in an area by the
placement of materials.
5. Doors provided for emergency escape should open outwards in the direction of
travel.
6. Equipment should not be fueled while the engine is running.
124
7. Smoking is prohibited whilst refueling activities are taking place.
8. Incompatible materials will not be stored in proximity to each other.
9. No smoking policy will be applied. Provide smoking areas away from the work
site. The fire detection, suppression and suppression systems to be installed will
meet the highest international standards and are listed again below for
convenience:
6.3.14.1 Safety Instrumented System (SIS)

A central dual mode redundant Safety Instrumented System (SIS) shall be deployed on the
platform with approximately 200 I/O (input/output). The Safety System shall be housed in
a separate area of the cabinet suite with field cabling for safety loops segregated from the
general wiring. The SIS system will communicate with the Supervisory Control and Data
Acquisition (SCADA) system via Ethernet using safety protocol. The Safety Instrumented
System consolidates a number of systems together and provides real time information
graphically for the following function groups.
• Point Gas Detectors.

• Open Path Gas Detectors.
• Fire Detectors.
• Emergency Shutdown Devices.
• ESD Valves.
• CCTV System.
• Lighting.
• Nitrogen System.
• Firewater System.
6.3.15 Fire Fighting

Process unit fires should be extinguished principally by fuel removal. This will depend upon
operational changes to reduce pressure, introducing steam to the systems and the
depressurising of part or the entire unit involved. Small fires will be combated with dry
chemical or steam. Foam will be used where it can blanket an ignited pool of liquid. Water
in the form of spray or high-pressure fog will be most effective on large area or intensive
fires that threaten damage to supporting structures and adjacent equipment. However, the
use of water on hot equipment may cause flanges and joints to leak, thereby adding to the
fire hence the same will not be utilized. In case of electrical machinery fires, machine
operators will switch to spare machine and no use of water or foam or de-energization
allowed and only the use of dry chemical equipment or carbon dioxide extinguishers
promoted.
6.3.16 Portable Fire Fighting Equipment

There should be portable fire-fighting equipment on the site and the proponent has
committed to the provision of the same. Appropriate fire extinguishers, e.g. Carbon Dioxide
or Dry Powder; must be provided close to electrical distribution panels and other major items
125
of electrical equipment. An adequate number of portable fire extinguishers will also be made
available throughout the project site, located in conspicuous positions close to exits on each
floor, mounted off the floor at a height of approximately 1.0 metre and clearly signed fire
point. Training will also be undertaken for an adequate number of personnel in the use of
these equipment and regular reviews be undertaken to make improvements of the short-falls.
6.3.17 Maintenance and Inspection

Fire extinguishers, hydrants and other fire protection equipment must be maintained and
inspected on a regular basis. This will include weekly checks to ensure that all fire hydrants
are clear of any obstruction and clearly marked, suitable fire extinguishers are in place
adjacent to the fire risks and they are fully charged, undamaged, no signs of visible
corrosion, clean from dirt and hoses are in good condition
6.3.18 Evacuation Routes

Focus Freight Container Station will setup defined evacuation routes for vehicles and
personnel. If a fire breaks out, all vehicles will quickly be moved from the area. Personnel
not involved in fire-fighting fire must also leave. Evacuation routes should be the most direct
route out of the fuel facility and the same routes should be clearly be displayed and shown
on maps for all personnel to be aware. Fire drills will be to train personnel to react quickly
to fires. Fire drills should be as realistic as possible. Evacuation routes should be used and
fire extinguishers manned. Fire drills should be conducted at least once a month or when
there is personnel turnover. In the event of a fire, major plant failure, explosion, bomb threat
or the need to evacuate the plant, the actions listed below should be followed:
1. On the continuous sound of the alarm siren (bells), STOP all activities and vacate
the building or area without delay, by the nearest exit.
2. Plant operators to initiate appropriate Emergency Management Procedures, and
where possible, confirm plant is in safe state prior to vacating buildings.
3. Move quickly, but do not run.
4. Do not return to a work area to collect belongings.
5. Keep left in corridors and stairs.
6. Do not overtake others along the route.
7. Assemble in the designated Assembly Point.
8. At Assembly Point report to the responsible warden,
9. Do not enter the building or work area under any circumstances until the all clear
is given.
10. During staff induction, all visitors and contractors admitted to the site should be
advised of the Site Evacuation Procedure and the location of Assembly Point.
6.3.19 Emergency Preparedness and Response

Focus Freight Container Station shall establish and implement an emergency response plan
to respond effectively to emergency situations on the site which include, but not limited to,
fire, flooding, major incident occurrence and security alert.
126
The emergency plan should:
1. Establish evacuation procedures

2. Assign responsibilities to specific individuals
3. Provide notification to the Authority and outside agencies such as fire station,
hospital, etc.
4. Establish means of communications.
5. Assign locations for emergency centres.
6. Provide in-house emergency responses.
7. Include site security and controlled access.
The information developed as part of the emergency plan should be documented and
communicated as appropriate within the site to ensure that the site organization can respond
to emergency situations. The Contractor should establish a program of training, drills and
exercises to test and evaluate the effectiveness of the plan.
The Contractor should at least once every six months, organize and table top emergency
exercises based on likely site scenarios in which the key site personnel work through their
emergency response roles and appropriate measures are adopted and implemented on the
site.
6.3.19.1 Emergency Planning

Fossil Supplies Limited Station has prepared a site-specific Emergency Response Plan
which shall be agreed with the KRC and KPA to corresponds with their overall Emergency
Plan. All members of staff will need to receive appropriate training on the implementation
of the Emergency Response Plan. The Emergency Response Plan forms part of the
Environmental Monitoring Plan. Fossil Supplies Limited Station will have a dedicated HSE
officer and team to ensure the highest safety standards are maintained at all times.
The Risk Assessment to be undertaken such that;
1. The calculated Individual Risk levels for all categories of staff do not exceed the
acceptability criteria.
2. The mound minimises the risks present to the adjacent neighbours to a position
where additional risk imposed on their operation is insignificant.
3. Pumps, compressors, liquid and vapour lines are planned to be located in such a
way that any potential leaks and subsequent potential jet fire from the equipment
is deemed unlikely to impact the operations, maintenance and administration
building.
4. The orientation of the mound and position of the import and export pipe work have
been chosen to ensure that the predominant risk faces out towards the channel
which is currently unoccupied.
127
The following additional measures will be implemented to mitigate health and safety risks;
1. The number of mechanical joints should be kept to a minimum, consider replacing

mechanical joints by welded joints where practicable. This shall be of help in
reducing the leaks from flanges.
2. Deployment of a local firewall around the equipment found on top of the mound
to eradicate any potential fire radiation impact onto the roof of the building.
3. Flammable gas detection system shall be fitted across the site, including in the
vicinity of the building.
4. Ensure that upon flammable gas detection local to the HVAC intake duct, the
building air HVAC is tripped to prevent gas ingress into the building.
5. Buildings shall be constructed in line with International Standards, guided by the
purpose of its usage.
6. Hazardous Area Classification shall be conducted and findings shall be
implemented.
7. Active fire protection system shall be designed in line with relevant international
codes/standards.
8. Suitable standard operating procedures shall be prepared.
9. Preventative maintenance programme shall be implemented.
10. Site specific Emergency Response Plan has been prepared.
11. Any inspection and maintenance undertaken within the pressure vessels will be
undertaken by personnel trained in confined spaces. All LPG liquids and vapours
will be removed from the system using the dedicated compressors / recovery
system, prior to entry.
12. Public access to areas immediately adjacent to the facility shall continue to be
controlled and monitored by the KRC (in liaison with the operational staff), and
kept to a minimum.
6.3.20 Cultural and Historical Heritage

The proposed facility is on a leased land within Kenya Railways Marshalling Yard and
therefore no impacts to cultural of historical impacts are anticipated during normal
operation.
6.3.21 Socio-Economic
The commissioning of this facility will provide the following positive impacts;
1. Enhance the provision of the projected bulk storage requirements for Kenya up to
2025, as determined by the 2014 Petroleum Master Plan for Kenya.
2. Allows larger delivery of LPG cargo sizes, thus achieve economies of scale in the
terminal build costs. These factor combine with others lead to lower delivered cost
of gas.
3. The commissioning of this facility will provide the additional storage capacity to
permit the bulk storage facilities within the centre of the port area to be potentially
128
decommissioned, in line with the KPA’s strategic plan. This will result in a positive
impact to safety risk in the centre of the Port.
4. The proposed project has the potential of improving the living standards of the
local people through employment, cleaner and cheaper source of energy.
5. In addition, Fossil Supplies Limited through their CSR policy may initiate projects
that have cumulative benefits to the residents of the project area.
6.4 Impacts During Decommissioning

The life of the facility is expected to be a minimum of 30 years but it is anticipated that this
can be extended provided a thorough Pressure Systems Written Scheme of Examination is
adhered to. The decommissioning of the facility will involve the pumping of sea-water into
the pressure vessels to displace residual LPG. Nearly all of the LPG will be recovered and
it is estimated that negligible quantity of LPG will be released to the atmosphere in a
controlled manner by cyclic purge using Nitrogen dilution.
Demolition is the reverse of construction; however, the following assumptions are made;
1. The foundations and base slab for the mound will be rehabilitated for future
alternative use, or left in-situ. Breaking up and removal should be avoided if
possible.
2. The precast components of the retaining wall should be examined as suitable for
stockpiling and reuse, or sent to a local crusher plant for recycling.
3. The piping components will be examined as suitable for recycling.
4. It is anticipated that the mound fill, following removal and disposal of the geogrid,
will be stockpiled on site for alternative re-use as a construction material locally.
An alternative may be to raise the level of the site by spreading evenly.
5. Vessels are unlikely to be scrapped. Upon examination the LPG vessels may be
exported elsewhere for re-use.
6.4.1 Loss of Aesthetics Due to Abandoned Project Facilities

In closure of the project, the proponent may decide to demolish the facilities including all
other temporary structures. Loss of aesthetics may result from the demolished waste
remaining on site for a long time to the extent of becoming an eyesore. The proponent shall
ensure that demolished waste is removed from the site and properly disposed of in
designated and licensed dumpsites.
6.4.2 Loss of Employment

If for whatever reason the project is closed down, the people employed by the project will
lose their jobs. This will have significant impact to these people and their families. Other
groups of people who are dependent on the project, such as suppliers of various services
(e.g. Security Company) will also lose the market. There is need for workers to have saving
schemes that will cushion them in the event of losing employment.
129
6.4.3 Abandoned Infrastructure
When it happens that operation should be halted there will remain behind machinery which
will need proper disposal. Fossil Supplies Limited should undertake proper
decommissioning process of all its facility activities.
Therefore, the potential impacts during decommissioning and demolition are summarised as
follows:
• Noise and vibration - low

• Air quality - low
• Water usage - low
• Energy usage - low
• Road Traffic – low or moderate
• Export of LPG vessels by Sea - low
• Water quality - low
• Generation of solid wastes - low
• Generation of foul effluents - low
• Employment opportunities - medium
6.4.4 Fire Prevention and Management

Fire prevention and management measures developed during operation phase shall be
implemented by management and contractors.
130
CHAPTER SEVEN: PROJECT ALTERNATIVES
7.1 Location Alternatives
The project site was selected based on the following
• The land is already leased to FSL by Kenya Railways Therefore, there will be no
land acquisition processes leading to displacement of people and livelihood
• The available land is prime for such projects and under utilized
• The location is zoned as an industrial area with established petroleum oil facilities
and the operation of the proposed project can mutually benefit from the existence of
the other facilities.
• The location is served by a nearby LPG pipeline from existing KPRL/KPC pipeline.
7.2 Technology Alternatives
The Feasibility study considered the following alternatives
• Bullet tanks alternative - the alternative would have resulted to terminal with less
than 60% of the planned capacity. The option also posed greater fire and explosion
risk with potential of affecting other neighbouring facilities.
• Mounded Bullet tanks - The alternative had less fire and explosion risk and required
less safety distance, hence this was preferred
7.3 Design and Layout Alternative
Design alternatives for the proposed project were considered in the decision analysis where
various layouts for the mounded bullet tanks and loading facilities were considered. FSL
engaged an experienced consortium of engineers to undertake the front-end engineering
design (FEED) for the proposed project. FSL settled for a layout with a storage capacity of
12,000 MT comprising of 4 mounded bullet tanks and Rail Wagon and Trucks loading
facilities.
7.4 Delivery Pipeline Alternative
The following pipe alternatives were considered
• Pipeline route from SOT manifold utilizing Port Road reserve to Changamwe round
about to KPRL then to the project site was dropped because it was longer, unsafe and
there was no existing ROW.
• Route from KPRL to the project site abandoned due to its longer and also the ROW
acquisition challenges
• Direct tie in from an existing KPRL/KPC LPG pipeline was considered. The
alternative consists of an existing ROW with an LPG and multi product pipeline.
7.5 Do Nothing Alternative
The ‘do-nothing’ alternative is the option of not establishing the proposed LPG Facility
project at the identified site at Changamwe in Mombasa. This alternative would result in no
environmental and social impacts in the project area. The ‘do-nothing’ alternative will not
131
assist the Kenyan Government in reaching its targets for use of LPG as a source of Energy.
Subsequently, the do-nothing alternative is not a preferred alternative and has not been
assessed in this ESIA
7.6 Alternative Construction Materials

There is no alternative construction materials to the proposed materials of steel metal, water,
rocks, gravel, hardcore, ballast and cement, etc., given that they are the recommended and
required standard materials for the implementation of the proposed development project.
7.7 Waste Management Alternatives
Solid wastes will be generated from construction and rehabilitation activities at the project
site. There will also be solid and effluent wastes generated during the operational phase. The
Fossil Supplies Limited will give priority to reduction at source of the materials or
containment of wastes where possible. Sewage/effluents should be connected to a reticulated
sewage waste management system. Any reusable/recyclable materials must be disposed
accordingly. This will call for a source reduction and waste segregation systems of waste
management being implemented on the site. Sanitary land filling or collection by a licenced
waste collector will be the last option for the proponent. It is to the interest of the proponent
and the community that the waste is effectively managed so as to maintain a safe and healthy
environment to the worker and the community at large.
132
CHAPTER EIGHT: CUMULATIVE IMPACT ASSESSMENT(CIA)
According to IFC, Cumulative impacts are those that result from the successive, incremental,
and/or combined effects of an action, project, or activity when added to other existing,
planned, and/or reasonably anticipated future ones. Additionally, IFC Performance Standard
1, Assessment and Management of Environmental and Social Risks and Impacts, recognizes
that in some instances, developers need to consider cumulative effects in their identification
and management of environmental and social impacts and risks.
8.1 Cumulative Impacts Assessment Approach
As per IFC Performance Standard 1, CIA is based on where the development impact
identification process is conducted. CIA is limited to the cumulative impacts to be addressed
to “those impacts generally recognized as important on the basis of scientific concerns and/or
concerns from Affected Communities”. For practical reasons, the identification and
management of cumulative impacts are limited to those effects generally recognized as
important based on scientific concerns and/or concerns of affected communities. Examples
of cumulative impacts include but not limited to the following:
• Effects on ambient conditions such as the incremental contribution of pollutant
emissions in an air shed.
• Increases in pollutant concentrations in a water body or in the soil or sediments, or
their bioaccumulation.
• Reduction of water flow in a watershed due to multiple withdrawals.
• Increases in sediment loads on a watershed or increased erosion.
• Interference with migratory routes or wildlife movement.
• Increased pressure on the carrying capacity or the survival of indicator species in an
ecosystem.
• Wildlife population reduction caused by increased hunting, road kills, and forestry
operations.
• Depletion of a forest as a result of multiple logging concessions.
Secondary or induced social impacts, such as in-migration, or more traffic congestion and
accidents along community roadways owing to increases in transport activity in a project’s
area of influence.
8.2 Cumulative Impacts for the proposed project

8.2.1 Increased LPG trucks in Mombasa and along Highways
Kenya has approximately 1,342 Km of white oil pipeline from Mombasa to Kisumu and
Eldoret. However, the country lacks a similar LPG pipeline connecting Mombasa with other
towns and cities. Additionally, and interview with Kenya Railways Cooperation staff during
stakeholder’s consultation established that the Meter Gauge Railway (which has a better
network within the country) does transport LPG. It was also confirmed that SGR is yet to
start transportation of the LPG. LPG in Kenya is currently transported via road and operation
of the various Bulk terminals including the proposed project in Mombasa will lead to
increased LPG trucks in Mombasa and along the roads connecting to the port city especially
133
A109 Road a single carriageway to Nairobi. In order to meet the projected demand of the
LPG in the country and in the region, sizable number of trucks will use the already busy road
to Mombasa leading to potential congestion along the roads and traffic related incidents.
8.2.2 Fire and Explosion Hazards
In order to meet the projected demand of LPG in the Country and the East Africa Region. It
is envisaged that in the next 10 years Mombasa will have an LPG capacity of close to 100,000
MT with storage terminals concentrated within Shimanzi, Kipevu, Changamwe and Miritini
areas. These areas are the main industrial zones with important facilities like Moi
International Airport, Kenya Ports Authority, Kenya Pipeline and various Oil & Gas
Terminal. The operation of these projects will potentially expose Mombasa town to more
fire and explosion hazards through the following ways:-
• Presence of large amount of LPG which could potentially lead to huge fire and
explosion as a result of product release due to overfill, tank or pipes failure. This could
lead to multiple fatalities, loss of property and disruption of airport and port activities.
• Increased LPG pipeline network within Mombasa which can lead to increased risk of
fire and explosion as a result of pipe failure or accidental interference of the pipes
leading to release of the LPG.
• It is envisaged that, the proposed LPG Facility in Mombasa will be served by huge LPG
vessels which will use the Port of Mombasa. The increase in number of LPG vessels
visit to Mombasa will lead to potentially increased risk of fire and explosion at the Port
of Mombasa.
8.2.3 Depletion of The Local Construction Materials
The Vision 2030 blueprint of Kenya recommended an increase in LPG storage capacity at
Mombasa to ensure stable supply of the commodity within the country. Several other
studies by the GOK and International Organizations has emphasized on the need to have
more LPG storage facilities
Construction materials for use in the proposed project shall deplete resources within
Mombasa and the neighbouring environs.
Other similar projects are bound to use the construction materials in the construction phase.
The ESIA study established the following regarding other similar projects in Mombasa
• There is an operational 20,000 MT mounded bullet tanks terminal at Miritini (8Km
from the project site) and a proposed 10,000 MT within the same site
• There is a proposed 30,000MT mounded bullet tanks LPG terminal at Kipevu area
near the KenGen’s Kipevu 2 thermal power plant
• There is a proposed 22,000 MT mounded storage LPG terminal at Liwatoni area
• There are other proposed large-scale establishments within Mombasa
The impact includes potential depletion of the ballast at Mazeras area
134
8.2.4 Large Scale Influx of People
A large number of labour and jobseekers shall be attracted to FSL site. If the labour force
cannot be sourced locally or the local labour pool is inadequate for the LPG storage project,
labour will likely be sourced from outside the area to fill the gap. The area may experience
an influx of new residents who may move to the area looking for job opportunities which
will have effects on the existing population during the construction periods that could entail
problems of housing, sanitation, water usage and solid waste disposal. Employment at an
LPG storage facility peaks during construction and significantly declines during operation;
since LPG storage facilities need relatively few workers while in operation, the LPG storage
facilities will not create long-term booms. Though there may be an influx of workers during
construction, these workers are largely temporary. Towns/areas with larger populations and
with impact the current communities and increase the pressure on locals to meet the basic
needs of these potential new communities. The poor communities are likely to be the most
vulnerable to loss of service provision and suffer the negative impact of largescale influx.
There is potential for the influx of migrants to significantly change the local receiving
environment and this is likely to have a permanent impact in the region. However, not all the
potential projects in the area will be developed at the same time or on the same timeframe,
which will reduce this impact. However, it is very difficult to control an influx of people into
an area (particularly jobseekers), especially in a country where unemployment rates are high.
135
CHAPTER NINE: ENVIRONMENTAL AND SOCIAL MANAGEMENT AND
MONITORING PLAN(ESMP)
9.1 Introduction
An Environmental & Social Management and Monitoring Plan translate the recommended
mitigation and monitoring measures into specific actions that will be carried out by the
proponent. Regular monitoring of environmental parameters is of immense importance to
assess the status of environment during project operations. With the knowledge of baseline
conditions, the monitoring programme will serve as an indicator for any deterioration in
environmental conditions due to operation of the project, to enable taking up suitable
mitigation steps in time to safeguard the environment. Monitoring is as important as that of
pollution since the efficiency of control measures can only be determined by monitoring.
9.2 Objectives of the ESMP
The objectives of the ESMP are to: -
• Identify a range of mitigation measures which could reduce and mitigate the potential
impacts to minimal or insignificant levels;
• To identify measures that could optimize beneficial impacts;
• To create management structures that address the concerns and complaints of
stakeholders with regards to the development;
• To establish a method of monitoring and auditing environmental management
practices during all phases of development;
• Ensure that the construction and operational phases of the project continues within
the principles of Integrated Environmental Management;
• Detail specific actions deemed necessary to assist in mitigating the environmental
and social impact of the project;
• Ensure that the safety recommendations are complied with;
• Propose mechanisms for monitoring compliance with the ESMP and reporting
thereon; and
• To ensure that the legal requirements applicable to the project are complied with
9.3 ESMP Roles and Responsibilities
Several professionals will form part of the construction team. The most important from an
environmental perspective is the Project Manager, the Project EHS Officer and the
Contractors that will engage.
The Project Manager is responsible for ensuring that the ESMP is implemented during the
construction phases of the project.
The Project EHS Officer is responsible for monitoring the implementation of the ESMP
during the construction phases of the project. Each of the proponent appointed Contractors
136
is responsible for abiding by the mitigation measures of the ESMP which are implemented
by the Project Manager during the construction phase.
FSL Project Manager is responsible for ensuring that each of the Contractors complies with
the mitigation measures and ESMP requirements during the design, pre-construction and
construction phases of the project. The proponent will be responsible for implementation of
the ESMP during the operational and decommissioning phases of the project.
Decommissioning will however entail the appointment of a new professional team and
responsibilities will be similar to those during the design, pre-construction and construction
phases. It is unlikely that the LPG Facility will be decommissioned for several years.
9.3.1 Project Manager
The Project Manager is responsible for overall management of the project and ESMP
implementation.
The following tasks will fall within his/her responsibilities: -
• Be aware of the findings and conclusions of the Environmental and Social Impact
Assessment and the conditions stated within the EIA License issued by NEMA;
• Be familiar with the recommendations and mitigation measures of this ESMP, and
implement these measures;
• Monitor site activities on a daily basis for compliance;
• Conduct internal audits of the construction site against the ESMP;
• Confine the construction site to the demarcated area; and
• Rectify transgressions through the implementation of corrective action(s)
9.3.2 Environmental Manager
The Environmental Manager will be responsible for the implementation of the ESMP during
the construction phase as well as liaison and reporting to the client, appointed Contractors
and Authorities. The following tasks will fall within his/her responsibilities: -
• Be aware of the findings and conclusions of the Environmental and Social Impact
Assessment and the conditions stated within the EIA License;
• Be familiar with the recommendations and mitigation measures of this ESMP;
• Conduct periodic (e.g., monthly) audits of the construction site according to the
ESMP and EIA License conditions;
• Educate the contractors about the management measures of the ESMP and ESIA
License conditions;
• Regularly liaise with the Contractors and the Project Manager on the ESMP
implementation;
137
• Recommend corrective action for any environmental non-compliance incidents on
the construction site; and
• Compile a regular report highlighting any non-compliance issues as well as good
compliance with the ESMP.
9.3.3 Contractor
The Contractors are responsible for the implementation and compliance with
recommendations and conditions of the ESMP. The Contractor will:
• Ensure compliance with the ESMP at all times during construction;
• Maintain an environmental register which keeps a record of all incidents which occur
on the site during construction.
Examples of such incidents include: -
• Public Involvement/Complaints;
• Health And Safety Incidents;
• Incidents On Site; And
• Non-Compliance Incidents.
9.3.4 Environmental Management Responsibilities
The following are the environmental management responsibilities of the various parties
during construction and operational phases. Unless otherwise stated the ESMP will be
adhered to as follows:
• The Contractor’s EHS Officer will be accountable for compliance with this ESMP
during the construction phase as it applies to their work area;
• The monitoring party will be led by FSL Environmental Manager;
• The method of record keeping will be regular inspections depending on the stage of
the project;
• The inspection technique will include a review of records that will be kept on site by
the Contractor EHS Officer and/or site inspections;
• FSL will bear ultimate responsibility for environmental management.
9.4 Environmental Monitoring
A monitoring program will be implemented for the duration of the construction phase of the
project. This program will include: -
• Monthly environmental inspections to confirm compliance with the ESMP and EIA
License conditions. These inspections can be conducted randomly and do not require
prior arrangement with the Project Manager;
138
• Compilation of an inspection report complete with corrective actions for
implementation;
• Monthly EHS committee meetings to be held to ensure compliance with the OSHA
and its subsidiary legislation.
The EHS Officer shall keep a photographic record of any damage to areas outside the
demarcated site area. The date, time of damage, type of damage and reason for the damage
shall be recorded in full to ensure the responsible party is held liable. During the pre-
construction, construction and operational phases, FSL will implement its Grievance
Redress Mechanism. Each FSL appointed Contractor shall be responsible for acquiring all
necessary permits during the construction phase of the project. Such licenses include any
abstraction of water permits, local authority approvals and operations, extraction of
aggregates from borrow pits and their rehabilitation,
9.4.1 Compliance With The ESMP And Associated Documentation

A copy of the ESMP must be kept on site during the construction period at all times. The
ESMP will be made binding on all contractors operating on the site and must be included
within the Contractual Clauses. It should be noted that in terms of the principles of
environmental management espoused through the EMCA, those responsible for
environmental damage must pay the repair costs both to the environment and human health
measures to reduce or prevent further pollution and/or environmental damage (the polluter
pays principle)
9.4.1.1 Training and Awareness of Construction Workers
The construction workers must receive basic training in environmental awareness, including
the storage and handling of construction materials and substances, minimization of
disturbance to sensitive areas, management of waste, and prevention of water pollution.
They must also be appraised of the ESMP’s requirements.
9.4.1.2 Contractor Performance
The appointed Contractors must ensure that the conditions of the ESMP are adhered to.
Should the Contractor require clarity on any aspect of the ESMP, the Contractor must
contact the Project Manager for advice.
9.5 ESMP requirements for the construction phase
The requirements that need to be fulfilled during the construction phase of the project are as
follows:
• There should be continuous liaison between FSL, its appointed Contractor and the
community to ensure all parties are appropriately informed of construction phase
activities at all times;
139
• The community should be informed of the starting date of construction as well as the
phases in which the construction will take place;
• The FSL appointed Contractor must adhere to all conditions of contract including the
ESMP;
• The FSL appointed Contractor should plan its construction program taking
cognizance of climatic conditions especially wet seasons and disruptions that can be
caused by heavy rains;
• The Community Liaison Officer must keep a proper record of all complaints received
and actions taken to resolve the complaints;
• The Environmental Manager and Contractor’s EHS officer should implement this
ESMP;
• Internal environmental inspections and audits should be undertaken during and upon
completion of construction. The frequency of these audits should be quarterly;
A formal communications protocol should be set up during this phase. The aim of the
protocol should be to ensure that effective communication on key issues that may arise
during construction be maintained between key parties such as the Project Manager,
Environmental Manager, Social Performance Manager and the contractors. The protocol
should ensure that concerns/issues raised by stakeholders are formally recorded and
considered and where necessary acted upon. If necessary, a forum for communicating with
key stakeholders on a regular basis may need to be set up. The communications protocol
should be maintained throughout the construction phase
9.5.1 Site Preparation
Site clearing will be limited to the area required by each contractor allocated work area. Site
clearing must take place in a phased manner, as and when required. Areas which are not to
be constructed on within say one month of time must not be cleared to reduce erosion risks.
The area to be cleared must be clearly demarcated and this footprint strictly maintained.
9.5.2 Establishment of construction materials yards
The EPC will establish their work area in an orderly manner and all required amenities shall
be installed at its work area before the main workforce move onto site. The area shall have
the necessary ablution facilities with chemical toilets at commencement of construction. The
Contractor shall inform all site staff to make use of supplied ablution facilities and under no
circumstances shall indiscriminate sanitary activities be allowed other than in supplied
facilities. The Contractor shall supply waste collection bins and all solid waste collected
shall be disposed of using NEMA approved waste handlers. A Waste Tracking Sheet
required by Legal Notice 121: Waste Management Regulations, 2006 will be obtained by
the Contractor and kept on file. The disposal of waste shall be in accordance with the Waste
Management Regulations, 2006. Under no circumstances may any form of waste be burnt
on site.
140
9.6 Waste Management Plan
All project generated wastes will need to be managed and disposed of in a manner to prevent
potential impacts on the environment and risks to human health.
9.6.1 Objectives
The construction, operation and demolition, of the proposed project will generate various
type of waste which will need appropriate collection, transportation, primary treatment and
disposal.
Hence, to serve the purpose, a Waste Management Plan has been formulated to demonstrate:
-
• Characterization of waste in different type of categories like garbage, rubbish,

hazardous, waste etc.;
• Maintain the site in a clean and tidy state to reduce the attraction of pest species,
impacts on the local environment and negative impacts on visual amenity; and
• Suggestion of options for waste handling and disposal during construction and
operation phase of the project.
9.6.2 Scope
This plan shall be applicable to the Contractors engaged by FSL during the construction
phase of the proposed project. The elements of the plan will be directly implemented by the
contractors hired by the Developers while overall management and responsibility will lie
with FSL.
The Plan also identifies the individuals currently assigned to the various roles designated in
this Plan. Applicable Standards and Legislations.
The L.N 121 Environment Management and Coordination (Waste Management) Regulation
applicable. The salient features are:
▪ Section 4 Any person whose activities generate waste shall collect, segregate and dispose
or cause to be disposed of such waste in the manner provided for under these Regulations
▪ Section 5 Segregate such waste by separating hazardous waste from non-hazardous
waste.
▪ Section 6 minimize the waste generated by adopting cleaner production principles
▪ Section 7 No person shall be granted a license under the Act to transport waste unless
such person operates a transportation vehicle approved by the Authority
▪ Section 8 Transportation of waste shall be in such a state that shall not cause the
scattering of, escaping of, or flowing out of the waste or emitting of noxious smells from
the waste;
141
▪ Section 17 Installation of anti-pollution technology for the treatment of waste emanating
from such trade or industrial undertaking
▪ Section 18 No discharge or dispose of any waste in any state into the environment, unless
the waste has been treated
▪ IFC PS 3
▪ Pollution Prevention - FSL will be required to avoid the release of pollutants or, when
avoidance is not feasible, minimize and/or control the intensity and mass flow of their
release.
▪ Waste and Hazardous Materials Management-FSL should avoid the generation of
hazardous and non-hazardous waste materials. Where waste generation cannot be
avoided, the client will ensure that the developers reduce the generation of waste and
recover and reuse waste in a manner that is safe for human health and the environment.
▪ The developers should investigate options for waste avoidance, waste recovery and/or
waste disposal during the design and operational stage of the project. Material Safety
Data Sheet (MSDS) for all the hazard chemicals to be used during construction and
operation phase should be readily available.
9.6.3 Roles and Responsibilities
9.6.3.1 Site Supervisor of Developer
Site Supervisor will be responsible for the following activities: Management of onsite waste
generation associated with construction works to help avoid excessive generation where
practicable; Maintaining of all records of waste type which are construction waste and
debris, hazardous waste; and to have authorization for hazardous waste generation and
storage granted
9.6.3.2 EHS Manager of Developer
The following responsibilities are entrusted to the EHS Manager: Demarcation of area
within the construction area for keeping of segregated wastes; Labelling of the drums
containing hazardous wastes like used oil. Maintaining of receipts for hazardous waste
management records; Notifying the Site Supervisor of any activity that may generate a large
amount of waste to allow appropriate controls to be put in place to manage waste generated;
and
9.6.4 Waste Types and Quantities Generated
All wastes generated from the project will be categorized as either non-hazardous or
hazardous following an assessment of the hazard potentials of the material, in line with local
and national requirements.
142
9.6.4.1 Construction and Decommissioning Phase
The construction and decommissioning phases will require the use of hazardous materials
such as diesel or petrol to cater the fuel equipment and vehicles and maintain equipment.
The following hazardous wastes will also be produced from construction activities. –
• Dismantled tanks waste consisting of iron sheets and tank fittings

• Demolition waste which includes concrete, reinforcement steel rods, masonry,
stones, pipe fittings and roofing materials
• Cleared vegetation
• Spoil materials from site preparations
• Steel and timber offcuts
• Oily rags, Used oil and oil filters - from generators or vehicle maintenance; and
• packaging material especially paint cans.
• Grey and black water
• Domestic waste including food waste, food packaging material and water bottles
• Office waste including empty printer cartridges, papers and packaging materials
9.6.4.2 Operation Phase
Operations and maintenance of the terminal is not expected to generate significant amount
of waste. The minimal waste produced will include: -
• Sanitary waste from approximately 20 workers

• Oily rags from workshop and pumps maintenance
• Used oil from pumps and generator sets
• Food waste
• Office waste
• Paint cans during maintenance activities
9.6.5 Waste Handling, Management and Disposal
9.6.5.1 Construction Phase
All wastes produced from the project activities on site will be temporarily stored in
designated waste storage areas. All wastes that cannot be reused or recycled will be collected
by approved waste contractors and transferred to an appropriately licensed waste
management facility for treatment and disposal. Following steps will be taken to manage the
waste generation during construction phase: -
• Fuel will be stored on site in temporary aboveground storage tanks and will be stored
in a locked container within a fenced and secure temporary staging area;
• Trucks and construction vehicles will be serviced off site;
143
• All concrete mixing be undertaken on impermeable plastic lining to prevent
contamination of the soils and surrounding areas;
• Food waste and other refuse are to be adequately deposited in sealable containers and
removed from the kitchen frequently;
• The use, storage, transport and disposal of hazardous materials used for the project
will be carried out in accordance with all applicable regulations;
• All hazardous waste to be disposed through NEMA approved waste handlers;
• Material Safety Data Sheets for all applicable materials present on site will be readily
available to on-site personnel;
• All construction debris will be placed in appropriate on-site storage containers and
periodically disposed of by a licensed waste contractor;
• The construction contractor will remove refuse collected from the designated waste
storage areas at the site at least once a week;
• It is proposed that the Contractors will supply the required temporary ablution
facilities and be responsible for the removal and treatment thereof. Portable toilets
would be provided for onsite sewage handling during construction. Sewage would be
pumped out and removed regularly and disposed of in compliance with waste
regulations in Kenya (Legal Notice 121: Environment Management and
Coordination (Waste Management) Regulations, 2006).
• Empty fuel containers will also be stored at a secured area designated for scrap and
sold to authorized vendors. All packaging material will also be collected at the
storage area and sold to scrap dealers.
• Tree from the site will be cut into small pieces and sold out as firewood within
Mombasa, grass and shrubs will be dumped at approved dumping sites within
Mombasa.
• Top soil and other spoil will be gathered and temporary stored within the site for
reuse. The excess will be dumped at the approved dumping sites within Mombasa
9.6.6 Construction EHS Management Plan
9.6.6.1 Purpose of A Construction EHS Plan
A construction HSE plan is a management tool used to manage HSE activities associated
with the construction of a project. It is a prerequisite for satisfying the Proponent that the
successful contractor has implemented a management system for the safe operation of
construction related activities in a project.
The construction HSE plan sets out the HSE management system as well as the resources
required to implement it. It includes the minimum requirements for compliance with local
HSE laws and regulations in order to prevent injuries to workers, damage to property or the
environment. In the absence of relevant legislation, the main contractor and nominated sub-
144
contractors will ensure compliance with international standards, guidelines and best
practices in the safe operation of construction activities associated with the
project.
9.6.6.2 Objectives of a Construction EHS Plan
The principal objectives of a construction HSE plan include:

• Prevention or limitation of injuries to workers, damage of property or the
environment through an emergency preparedness and response plan;
• Prevention of recurring accidents or incidents through a program of root cause
analysis;
• Ensuring that safe work practices and procedures are issued and understood by all
construction workers;
• Verification through planned audits and reviews those procedures and instructions
are complied with fully; and
• Counselling construction workers involved in near misses on better safe work
practices.
• In order to implement the construction HSE plan, the main contractor and nominated
subcontractors will implement the following strategy:
• The HSE goals/objectives of the project will be verified and commented upon in
each HSE meeting
• A monthly HSE theme relevant to the planned objectives will be issued;
• Monitoring and control of unsafe practices;
• Initiate an unsafe act/condition report system for conveying accountability to
affected employees including a disciplinary action system for non-compliance;
• Initiate an HSE recognition and rewards program for good HSE behaviour among
construction workers;
• Organize HSE competitions to promote interaction of construction workers through
direct involvement in routine HSE objectives.
9.6.6.3 HSE Performance Measurement
The main contractor will be required to develop, rollout and implement an HSE performance
measurement system. The measurement system will be used to recalibrate the HSE
performance of the project during the construction phase to ensure that there are no injuries
to people, damage to property or the environment. Some of the performance measurement
metrics that should be considered for tracking include the following lagging and leading
indicators: -
• No. of fatalities;
• Lost time incident rate (LTIR);
• No. of fire incidents;
• No. of environmental incidents;
145
• Equipment damage/minor injuries;
• No. of health and hygiene reports;
• No. of HSE meetings conducted;
• No. of HSE inspections undertaken;
• No. of HSE training courses conducted
9.6.6.4 HSE Interface Between Contractor and Proponent

Throughout the construction phase, there will be an interface between the proponent and the
main contractor on HSE management. The objectives of this activity are to ensure that: -
• The main contractor achieves the same or higher HSE standards than those stipulated
by the Proponent
• All HSE related hazards of the construction phase are identified, evaluated and
appropriate control measures implemented;
• The main contractor understands their obligations with respect to HSE associated
with the project;
• HSE performance management arrangements are in place by mutual definition.
• The interface on HSE management may be achieved by the proponent and main
contractor through meetings, reviews and audits during the design and construction
phases of the project respectively. Some of the meetings may be defined as follows:
• HSE kick-off meeting;
• Weekly HSE progress meetings;
• Ad-hoc HSE meetings called by either the proponent or the main contractor to
discuss specific HSE issues; and
• HSE reviews/inspections undertaken by either the proponent or the main contractor
or both.
9.6.7 Construction And Fabrication Phase
9.6.7.1 Safety Hazards and Critical Areas
Prior to commencing construction, the main contractor will identify potential hazards to the
safety of personnel associated with construction phase of the project. The main contractor
and nominated sub -contractors shall also comply with relevant requirements of L.N. 40:
Building Operations and Works of Engineering Construction Rules, 1984. The list of
potential hazards will be updated on-site at regular intervals. For each hazard identified the
main contractor will ensure that there is a safe work procedure that is developed, rolled-out
and implemented for the project.
146
9.6.7.2 Safety procedures
As a petroleum experienced contractor will be engaged for this project, it is envisaged that
they will already have safe work procedures developed for similar types of projects. These
procedures will be customized for the proposed project and used throughout the
construction phase. Examples of construction activities for which safe work procedures are
required include: -
• Cranes and lifting equipment operations;

• Electrical work;
• Confined space entry;
• Fire protection and prevention;
• Emergency response;
• Permit-to-work;
• Job safety analysis (JSA);
• Risk analysis;
• Root cause analysis;
• Safety incentive program; and
• Disciplinary system
9.6.7.3 Safety Training
Health and safety training of workers is required by Kenyan legislation under the
Occupational Health and Safety Act, 2007 (OSHA). Additionally, the main contractor will
be required to train their subcontractors on the safe work procedures some of which are
identified above. Health and safety training needs will be identified by the contractor prior
to commencement of the construction phase of the project. Health and safety training
associated with the project will be extended to all levels of management and workers who
may potentially be exposed to health and safety risks during the construction phase of the
project. Health and safety training records will be maintained on site by the main contractor
for review by appropriate lead agencies and the Proponent.
9.6.7.4 Safety Guidelines and Rules of Operation
The proposed project will be put up in an area with numerous depots and terminal storing
highly flammable petroleum and vegetable oil products. An existing LPG plant will be
decommissioned and dismantled and the two Bush tanks will be dismantled using
oxyacetylene open flames. Welding, cutting, brazing, and grinding create a significant risk
of fires and explosions. This type of work generates hot sparks and slag. Those can then
come into contact with nearby combustibles and flammable gases. FSL and the contractors
will have the following in place to prevent hot-work fire incidents at the project area: -
• FSL will inform the other Shimanzi Terminal Users through their monthly meetings
of the proposed construction work and keep them updated of the construction plans.
147
The team will be in a position to activate mutual ERP in case of any emergency
during construction.
• The LPG plant will be completely cleared off the LPG gas and gas testing done
before dismantling.
• All the potential fire risk associated with the proposed hot works will be identified
by the contractor in consultation with FSL and all safety precautions measures will
be collectively put in place.
• All combustible materials will be removed from the hot works area and whenever
possible hot works will be performed away from other activities.
• Using fire blankets to protect nearby equipment from sparks and slag.
• Having fire extinguishers nearby and ready to use.
• Assigning a fire watch for all hot-work activities.
• The contractor will be required to have a formal PPE program that can be
implemented for the proposed project.
The PPE program will in the main include instructions for:
• Selection of correct type of PPE based on the hazards at the job site;
• Issuance of PPE;
• Correct use of PPE;
• Inspection and maintenance of PPE
• Replacement of worn-out PPE.
In addition to the PPE program, the contractor will evaluate all risks associated with working
at heights (1.8m above grade level). For such work, the construction workers will be
provided with appropriate safety harnesses or safety nets. All construction vehicles will be
fitted with seat belts that operators must wear while working.
The construction site will contain appropriate signs, signals and barricades that are visible
to the workers to protect them from potential hazards. Trenches and other excavation will
also be provided with appropriate barricades, signs and signals. Where it is necessary to
perform work at night, the main contractor will ensure that their sub-contractors provide
artificial lighting sufficient to permit work to be carried out safely, efficiently and
satisfactorily.
All tools and equipment deployed by the main contractor and their sub-contractors shall be
free from defects, be in good operating condition and maintained in a safe condition. Any
equipment that falls under the Examination of Plant Order under the OSHA shall be
inspected by a DOHSS approved person and a certificate issued prior to its use at the
construction site. Some of the tools, equipment and plant expected to be used for the
proposed project include:
• Hand and portable power tools;
148
• Compressed gas cylinders;
• Scaffolds;
• Cranes and lifting equipment;
• Motor vehicles;
• Ladders.
In addition to the above, the main contractor will develop, rollout and implement the
following health and safety rules for the construction site:
• Job site transportation;
• Daily construction plant inspection;
• Electrical operation;
• Floor and wall openings and stairways;
• Excavation and trenching;
• Steel erection;
• Confined space entry;
• Work near pressurized pipelines;
• Medical services;
• Alcohol and drug abuse.
9.6.8 Occupational Health Action Plan
An occupational health plan is primarily concerned with identification, evaluation and

control of environmental health exposure that result from construction processes. The
stresses can be physical, chemical, biological and physiological and may cause sickness,
impaired health or discomfort to employees. An occupational health plan therefore addresses
the above concerns as they apply to the project and to provide cost effective solutions to
assure the health and well-being of project employees.
9.6.8.1 Medical and Health Program
The medical and health plan provides the necessary and important parts of a construction
project medical and health program. The objectives of this program are to: -
• Protect employees against occupational health hazards at the construction worksite.
• Facilitate placement of workers according to their physical, mental and emotional
capabilities without endangering their own health and safety or that of others; and
• Ensure adequate medical care and rehabilitation of the occupationally injured or ill
person.
The contractors will engage the services of a DOHSS approved Designated Health
Practitioner (DHP) for undertaking medical examinations in accordance with the Second
Schedule of the OSHA and Legal Notice No. 24: Medical Examination Rules, 2005. For
149
those occupations defined in the Second Schedule of the OSHA, the main contractor will
avail their employees to a DHP for medical examinations throughout the construction phase
of the project during the following occasions: -
• Pre-assignment;
• Periodic;
• Post illness or injury; and
• Termination.
An occupational injury or illness will be diagnosed as promptly as practical and treated as

appropriate within the capabilities of the workplace medical facility. The main contractor’s
occupational health program should include treatment of emergency conditions at the work
site which may occur during the construction phase of the project. Construction workers and
other employees will be inducted to the potential occupational health hazards that they may
encounter in their specific roles. The induction will include methods of recognizing and
preventing adverse health and safety effects at the workplace.
The occupational health program will also include training of construction workers on the
correct use and maintenance of PPE issued to them. The site HSE Manager will periodically
inspect and evaluate the workplace for potential adverse occupational health hazards.
Occupational health record keeping will be maintained by the site HSE Manager for all
employees that are medically examined. The records will contain sufficient data to
reproduce a chronology of an employee’s medical occurrences, illnesses and injuries. All
employee medical records will be maintained confidentially.
If the main contractor engages catering personnel for their staff, it will be mandatory for
each food handler to be immunized every six months as required by the Local Government
Act and comply with the requirements of the Public Health Act.
9.6.8.2 Record Keeping Requirements
Medical records will provide data for use in job placement, establishing health standards,
health maintenance, treatment and rehabilitation, worker’s compensation cases and assisting
project management with program evaluation and management. The record keeping
requirements will comply with Kenyan laws and regulations as well as the Proponent’s
insurance requirements.
The contractor and their appointed DHP will maintain occupational health records of
workers as required by Kenyan legislation (OSHA, WIBA and L.N. 24). The DHP will
confidentially maintain health examination records of all employees that visit him/her.
Examples of records that need to be maintained include:
150
• Physical examination reports.
• Clinical reports.
• Chest x-rays,
• Audiograms, etc.
The medical records shall be maintained in locked files and only authorized persons shall
have access to them. In certain situations, requests for specified medical information may
be sought by authorized Government officials. Additionally, an employee or his/her
designated representative may seek information about themselves or their environmental
exposure. These requests shall be turned over to the project manager for handling.
9.6.8.3 Inspection Program
The site HSE Manager will conduct sanitation and health inspections at the job site to ensure
compliance with the Public Health Act. The sanitation inspections will cover the following
areas:
• Drinking water
• Control of vermin and pests
• Toilet facilities
• Waste disposal
• Lunch areas.
Written reports will be issued having target dates for corrective actions to be taken by
responsible supervisory personnel.
9.6.8.4 Training
During the construction phase, the contractor will be required to arrange for training on first
aid, health and safety, security and fire safety communications system. The main contractor
will be required to develop, rollout and implement a rapid communications system to ensure
fast and reliable emergency communications between the project site and crews at the scene
of an accident.
9.6.8.5 Procurement and Material Control
The contractor’s HSE Manager will develop a master listing of all medical and first aid
materials, supplies and equipment that will be needed during the construction phase of the
project. First Aid boxes will be stocked in accordance with L.N. 160: First Aid Rules, 1977.
9.6.9 Environment Action Plan
The purpose of a construction environment management plan (CEMP) is to specify

environmentally sound working methods in order to minimize environmental impact of the
construction works associated with the proposed project. The CEMP identifies key
151
environmental aspects and the related impacts which may occur and specifies methods,
measures and controls that the main contractor will comply with during the construction
phase of the project.
9.6.9.1 Key Environmental Positions
The beginning of this section identified the key HSE positions that will be used to manage
health, safety and environmental aspects during the construction phase of the project. The
primary persons from the main contractor’s organization responsible for implementing the
CEMP include: -
• Construction Manager; and
• HSE Manager.
The Construction Manager will have overall responsibility for all aspects related to
environmental issues and to ensure that the main contractor’s environmental policy
statement and objectives are complied with.
The Construction Manager will be responsible for developing, rolling out and implementing
environmental procedures and work instructions in conjunction with the HSE Manager. The
HSE Manager will be responsible for several environmental functions such as:
• Co-ordinating environmental inputs to the project and advising the Construction
Manager on environmental matters.
• Co-ordinating the development, rollout and implementation of the main contractor’s
environment management system (EMS) for the project;
• Routine monitoring of implementation of the main contractor’s EMS at the project
site
• Authority to halt any works where actions are found to be in contravention of
particular environmental procedures, work instructions or legal requirements;
• Authority to amend work instructions and procedures as required by sound
environmental management including amendments to the EMS as identified by
audits.
9.6.9.2 Environmental Training
The main contractor’s management and their sub-contractors will receive environmental
induction training prior to commencement of the construction phase of the project. The
training will cover the contractor’s EMS and environment work instructions relevant to the
9.6.9.3 Environmental Objectives
The contractor will develop an environment management system (EMS) in order to comply
with basic environmental objectives and targets set for the project. Environmental objectives
for the construction phase will be discussed and agreed between the Proponent and the main
152
contractor. The EMS will detail the environmental standards for the project and will include
a number of environmental work instructions. The EMS will be implemented in conjunction
with the main contractor’s health, safety and environment action plan. Environmental
activities will be audited regularly to ensure continued compliance with predetermined
environmental objectives.
Environmental work instructions will be developed to comply with all legislative and
regulatory requirements as a minimum. The objective is to endeavour to minimize and
prevent where possible adverse environmental impacts. The environment work instructions
will apply equally to all the main contractor’s workers, sub-contractors, project consultants
and suppliers.
The main contractor will provide environmental training for their workers in order to
minimize the likelihood of environmentally damaging incidents occurring.
9.6.9.4 Environmental Procedures
The contractor will develop, rollout and implement environmental procedures for the
construction phase of the project. The procedures will be organized under two categories
namely: -
• Management and Organization procedures; and

• Environmental Management Procedures.
The above types of environmental procedures will be developed jointly by the HSE Manager
and construction team. Once drafted, the procedures will be discussed with the Construction
Manager to ensure operability.
9.6.10 Environmental Performance Meetings
The contractors will schedule regular meetings to discuss environmental performance of the
project during the construction phase. The meetings will be attended by the Construction
Manager, HSE Manager and the Proponent. Minutes of the meetings will be circulated to all
employees and posted on construction site notice boards.
9.6.10.1 Environmental Reviews
Environmental reviews include both inspections and audits to be conducted by the

contractor. Audits will be conducted by the HSE Manager and will include monitoring of
construction phase environmental effects against identified performance targets. Findings
and recommendations will be shared with the Construction Manager and the Proponent.
Inspections of working areas will be performed periodically using appropriate checklists.
Inspections will be undertaken by construction supervisors and findings/corrective actions
discussed in daily construction meetings. A tracking system shall be employed for
153
monitoring status of implementation of corrective actions. Records of inspections will be
filed on-site and made available to relevant lead agencies and the Proponent.
9.6.10.2 Soil Conservation and Erosion Mitigation
The civil contractor will develop a soil conservation and erosion mitigation plan which will
include details on how to perform clearing, grading, excavation, trenching and backfilling
work at the project site.
During the construction phase, the main contractor will take adequate measures to prevent
soil erosion especially during the rainy season. The integrity of soil erosion mitigation shall
be sufficient to provide continued protection against erosion until the site soils have
stabilized and added protection is no longer necessary.
9.6.10.3 Site Restoration
Prior to handover of the completed project to the Proponent, the civil contractor will
undertake a final clean-up of the entire project site including removal of all non-hazardous
and hazardous waste or excess materials. Surface restoration and stabilization will be
performed in accordance with environmentally sound practices
154
9.7 Traffic Control Management Plan
9.7.1 Introduction
The purpose of this management plan is to ensure that construction of the project components
and operational phase does not adversely affect nearby road users and other sensitive
receptors. This Traffic Control Management Plan (TCMP) therefore identifies the potential
impacts and appropriate measures to mitigate them.
Prior to the commencement of construction and operational phases of the project, the
contractor and the proponent shall use the TCMP as the basis for undertaking a detailed
Traffic Assessment (TA) and preparing a detailed TCMP that will identify specific measures
to mitigate any predicted impacts. The contractor’s and proponents TCMP shall include
detailed procedures that demonstrate how the impacts of traffic on communities have been
taken into consideration. The contractor and proponent shall develop and submit:
• procedures within 30 days of the start of the construction and operational phases;
and
• detailed project-specific procedures that specify how the requirements of their
TCMP will be implemented to the satisfaction of the appropriate traffic authorities.
The contractor and proponent shall regularly update their TCMP as the construction and
operations method/activities are developed and vehicle and tankers movement and timing
requirements are identified in detail.
FSL will provide all necessary supervisory staff to ensure that the TMP is implemented and
adhered to during all aspects of the Project. The TMP will be monitored to ensure compliance
by all site personnel, including management, supervisory staff, and contractors. All site
personnel will be responsible for the identification, reporting and correction of areas found
to be in non-compliance to the TMP, and adapt the plan where required, to encompass
operational change during the phases of construction.
The contractor/proponent will: -

• identify those responsible for carrying out and managing the procedures.
• reference the procedures and activities they will develop and implement.
• identify work to be undertaken on the roads prior to construction activities to upgrade
or stabilise the roads if necessary.
• identify the routes that will be used with the estimated numbers of traffic movements,
speeds and times of travel.
155
• justify if and where a route has to pass through residential areas and the measures that
will be used to ensure the safety of the community and minimise the nuisance impact
of traffic movements.
• identify how existing road development plans have been taken into account in the
identification of routes and road restoration measures.
• identify the programme of road restoration measures that are likely to be required post
construction.
• address how the Contractor can reduce the exposure of vehicle drivers, their passengers
and other road users from the hazards of road-related accidents.
• identify (and adopt to the maximum extent feasible) all reasonably practicable
alternatives to road transportation (rail) in order to reduce the number of trucks on the
roads; and
• Identify tankers parking and inspection bays to ensure no parking on public roads that
may result in other road user’s obstructions.
• Institute Mombasa Road Protective Area management with access control at the
entrance and exit to the facility. This will ensure that any vehicle/tankers entering the
zone are not idling but heading to the parking(waiting) bay to minimize traffic on the
road.
9.7.3 Regulations and Standards
The TMP should comply with the requirements of following regulations and standards
The Traffic Act of 2012 and its subsidiary legislations
The Occupation Safety and Health Act of 2007 and subsidiary legislations
The Petroleum Act, 2019
The Energy (LIQUEFIED PETROLEUM GAS) Regulations, 2009
KS 1938 on Handling, Storage and Distribution of Liquefied Petroleum Gas in Domestic,
Commercial and Industrial Installation
9.7.4 Traffic Activities
During construction, the traffic activities can be broken down into: -

• Transportation of equipment and machinery to and from the construction site;
• Transportation of raw materials to the construction site.
• Transportation of people working at the construction site;
• During Operation, the traffic activities can be broken down into.
• Transportation of LPG from the terminal by road
• Transportation of LPG from the terminal by rail
• Transportation of the LPG by vessel to SOT or KOT
156
• Transportation of workers to the facility
• Transportation of equipment and machinery during maintenance.
Table 9.1: Traffic Control Management Plan

Issue Mitigating/Monitoring Activity Responsibility Cost Timing
Access to The following environmental aspects shall be Contractor/ No To be
Construction considered in finalizing the location of the FSL Project separate developed
Site access road that will be constructed Engineer cost. during
specifically for the Scheme: Included Project
● Environmentally sensitive areas; in design planning
● Other neighbouring facilities concerns, fees. and
● Pedestrians, and implemen
● Other vehicles
ted during
constructi
on.
157
Other measures for mitigating the impact of

access roads are as follows:
● Access will be via specified routes and
times, which will be agreed with the relevant
authorities to minimize traffic congestion,
● Use existing, upgradeable roads where
practicable,
● Suitable measures will be implemented to
avoid damage to public roads and any
damage will be repaired to an equal or better
standard in a timely manner.
● Access routes to be used by construction
traffic will be properly signposted. This shall
be sufficient to prevent vehicles from
leaving the designated routes and ensure that
the appropriate speed limits are enforced
particularly through residential areas.
● Access and site roads will be maintained in
good condition.
● Temporary roads will be removed when no
longer needed and will be reinstated. All
damage to existing roads will also be
reinstated.
Routing of ● Precautions will be taken by the Contractor Contractor/ No To be

Construction to avoid damage to the public roads used by FSL Project separate developed
Traffic vehicles or other items of equipment. Timber Engineer cost. during
mats, tyres or steel plates will be laid as
Included Project
necessary, in particular under tracked
equipment. Any road damage will be in design planning
repaired. fees. and
● Advance warning will be given of any implement
proposed road diversions and closures. ed during
● The Contractor should consider whether to constructi
use buses to transport workers to the on.
construction site.
● The Contractor will comply with all
statutory vehicle limits (width, height,
loading, gross weight) and any other
statutory requirement.
158
Temporary ● Traffic flows will be timed, wherever Contractor/ No To be
Traffic practicable, to avoid periods of heavy traffic FSL Project separate developed
Control and flow along main road. Consider material Engineer cost. during
delivery and disposal from site for off-peak
Management hours. Included Project
● In terms of traffic control, vehicles will be in design planning
prohibited from reversing unattended into the fees. and
construction site. Vehicles and plant shall enter implement
and exit the site in a forward direction, as far
ed during
as possible. In addition, the Contractor will
ensure that all heavy goods vehicles are constructi
equipped with audible reversing alarms. on.
● Clear signs, flagmen and signals will be set up
where necessary. Where temporary traffic
signals are required, the details and locations
of the signs shall be discussed with the relevant
authorities.
● Appropriate supervision will be provided by
the Contractor to control the flow of traffic
when machinery needs to cross roads.
● Liaison with the police and other authorities
will occur prior to the movement of any
abnormal loads. In particular, liaison with
KENHA, the relevant Highway Authority will
occur prior to transportation on major
highways and motorways.
● The speed limit on the motorways and
highways for construction vehicles shall not
exceed 80km/hr.
● A 10km/h speed limit shall be established and
enforced within the Construction site project
site
Parking ● Signposted, parking facilities shall be Contractor/ No To be

Facilities provided within the project site. The parking FSL Project separate developed
of construction vehicles on footways, and Engineer cost. during
double parking, shall be prohibited on public
Included Project
highways.
● The Contractor will ensure that part of the in design planning
Construction Site is set aside for the parking fees. and
of emergency service vehicles. The implement
Contractor is expected to make provision for ed during
a dedicated parking area on the construction constructi
base for the private vehicles of construction on.
personnel.
159
Maintaining Contractor/ No Developed
Highways FSL Project separate during
Engineer cost. Project
The Contractor is expected to keep the Included planning,
highway free from mud and dust and to ensure in design implement
that no vehicle or other items of equipment fees. ed during
leaving the construction base or working constructi
width, deposit soil, debris or rock on public on.
highways or public right of ways.
Measures will be implemented to ensure that
the transport of mud and dust from the site onto
public highway and roads is limited. Such
measures may include:
● Frequent watering of the site working areas
and accesses to reduce dust
● The use of hard core surfaces on site access
roads;
● The provision of an easily cleaned hard
standing area within the construction site for
vehicles entering, parking and leaving;
● The appointment of site personnel to clean
the construction hard standing area and to
remove any mud or debris deposited on the
public highway;
● The provision to clean hard standing areas
and to clean any mud or debris deposited by
work vehicles on roads or footways in the
vicinity of the construction site;
● Fully sheeting all works vehicles carrying
potentially dusty material or likely to deposit
loose materials on the public highway during
transit;
160
Road Related Hazards to personnel associated with vehicle Contractor No To be
Accidents transportation, both on- and off-road, will separate developed
present one of the most significant risk cost. during
exposures of the Project. Accordingly, the Included Project
Contractor shall be expected to develop and in design planning
implement management systems and fees. and
procedures that will provide the highest level implement
of control over these hazards. ed during
Accordingly, the Contractor’s procedures shall constructi
specifically cover arrangements for the on.
following important aspects:
● The source of and number of qualified
drivers and equipment operators required;
● Training and approval requirements for
drivers;
● Hours of driving and rest periods;
● Security arrangements for drivers, vehicles
and loads;
● Arrangements for driver communication
with control points and vehicle equipment;
● Language/communication issues;
● The source of suitable vehicles (e.g. quality
and specification);
● The number of vehicles required;
● The programme for preventative vehicle
maintenance;
● Vehicle routes, route planning and
alternative routes;
● Overall vehicle movements;
● Procedures for the emergency recovery of
vehicles;
● An appraisal of the social impact of vehicles
in the local community;
● Procedures for spot checks and audits of the
transport system and for reporting problems.
The contractors Journey Management Plan

shall include the following provisions:
● Pre-use vehicle inspections shall be
completed and recorded on the approved
form;
● Passengers shall comply with the ‘Safe
Passenger’s Code’ and drivers shall comply
with the ‘Safe Driver’s Code’; and
● No unauthorized passengers shall be carried.
161
Vehicle The Contractor shall comply with all other Contractor No To be
Standards aspects of the Construction Health and Safety separate developed
and Management Plan, which include cost. during
Maintenance requirements for vehicle standards and Included Project
maintenance. The contractor shall also ensure in design planning
that: fees. and
● All vehicles and construction equipment implement
shall be maintained so that their noise and ed during
emissions do not cause nuisance to workers constructi
or other people within the vicinity of the site.
on.
● New vehicles: vehicles/equipment
purchased ‘as new’ after contract award shall
comply with the appropriate emission
standards in force on the purchase date.
● Older vehicles: vehicles/equipment not
purchased ‘as new’ after contract award shall
be maintained so that noise and emissions
levels are no greater than when the vehicle/
equipment was new.
The contractor shall produce method

statements, as part of their TCMP, to cover FSL Project
routine maintenance and to minimize Engineer
equipment emissions. Routine maintenance
shall be to a high standard to ensure that
vehicles are safe and that emissions and noise
are minimised. Method statements shall
require regular maintenance of diesel engines
to ensure that emissions are minimised, for
example, by cleaning fuel injectors.
All vehicles shall be inspected by FSL before

they access the premises to ensure they comply
with acceptable standards and with noise and
emission levels
162
Operational Proponent shall ensure Protective Area FSL Terminal
Phase Traffic Regulations of 2011 that Gazetted Kenya Manager
Management Railways yard shall be enforced.
• As such, only authorized
vehicles/tankers shall access the area
• All vehicles/tankers shall park on the
waiting/parking bay only
• No vehicles/tankers shall park on the
roadside awaiting loading
• Transporters shall inspect and clear
tankers into their waiting bay away
outside the area to minimize traffic.
• Vehicles once cleared by proponent
shall ensure they leave the area
immediately to their destination.
• No tanker/vehicles shall wait on the
public areas along the Highway after
loading and clearance from the
Terminal.
9.8 Emergency Planning During Operation
There are usually three levels of emergency response to be considered during the operation
of the proposed project: -
Installation emergencies - These are normally of a small nature, e.g., leaks, small fires and
can in almost all cases be dealt with by the operator. It is included as part of the operating
procedures, which are simple and straightforward. Therefore, they will not be considered in
this ESMP.
Site emergencies- These are emergencies that result from a fire or explosion which usually
only has an effect on the installation itself and on any other surrounding installations within
the boundaries of the site. An emergency response plan must be drawn up for the Fossil
Supplies Limited LPG Common User Facility.
Off-site Emergencies -These are Emergencies that involve the outside public and local
authorities. An off-site emergency plan or procedure is the responsibility of the local
emergency services and needs to be prepared, reviewed and updated with the assistance of
the Fossil Supplies Limited LPG Common User Facility personnel.
163
9.8.1 Administration
The plan should be readily available on site for all persons to use when needed (i.e., it
should not only be a document on the computer system, there should be summary copies at
key locations) The plan, or at least the parts readily available for use, should be simple and
concise. The plan should be part of a quality management system, which includes means to
control the document. Ensure revision and updating every 3 years, require witnessing and
inclusion of the relevant authorities in reviewing the plan, etc.
All personnel, visitors, contractors, etc. should be trained in the relevant aspects of the
emergency plan. Commitment to annual emergency drills. The plan should indicate the
need to inform the relevant authorities of every occurrence, which has brought the MHI
aspects of the plan into action, of actual MHI incidents as well as of near misses.
Commitment to communicate all necessary emergency planning information to potentially
affected neighbours.
Emergency plan signed by Chief executive Officer
The procedures should address all different groups of persons on site, e.g., person who
discovers the emergency situation, visitors, staff, first response team, emergency
coordinator, etc.
All personnel should be able to easily determine which group of people they fit into. An
organogram is particularly useful. The actions of the person discovering the emergency
situation need to be clearly spelled out. The person who has over-all responsibility during an
emergency clearly designated, e.g., the emergency controller, his/her name and normal job
title. Contact names and numbers for key role players should be clearly indicated.
9.8.3 Raising the Alarm and Evacuation
There should be means of raising the alarm. Clear indication of who is responsible for raising
the alarm (or the various levels of alarm if there are more than one) and the method of doing
so.
The procedures must clearly describe what actions all personnel are to take in the event that
the alarm is raised. If specific groups are to take different actions, this must be clear.
Procedures for testing the alarm must be indicated.
The circumstances under which evacuations are undertaken must be clear. The details of
muster/assembly points should be available in the procedures. A map showing the location
should be included.
The responsibilities of the different persons at the muster points must be clearly defined.
164
Depending on the site and the nature of the risks, there may need to be an indication that the
nature of the emergency may require changes in the location of assembly points or actions
to be taken, once there.
9.8.4 Type of Emergencies
The plan should cover the major risks assessed, i.e., fire, explosion and toxic releases.
• The plan must be easy to interpret, i.e., the sections dealing with fire, explosions
and toxic gas events must be clearly identifiable on the first or second page and the
written layout of the plan should be logical and systematic.
• Ideally the plan should differentiate between potential fire and explosion situations
and the situation after an initial fire or explosion.
• The plan must indicate the location of emergency equipment such as Breathing
Apparatus (BA) sets, foam supplies, etc.
• Persons responsible for ensuring the maintenance of such equipment must be clear.
• The actions of First Response Teams or emergency controllers may need to be
specified in more details, e.g., go to assembly point, don suitable PPE, approach the
location of the emergency, is FSL Facility releases, activate firefighting systems,
etc.
• The location of the designated emergency control centre should be indicated.
• The facilities to be available at this location and the persons responsible for
maintenance thereof must be indicated.
9.8.5 Contact with Outside
There must be an indication of who is responsible for notifying the external emergency
services and which services must be contacted under what circumstances.
There must be an indication of which external neighbouring facilities need to be notified and
who is responsible for this.
Contact details for external services and neighbouring facilities must be in the procedures
and readily available to the responsible persons. There must be a clear indication of what
will be communicated to the emergency services, as well as to neighbour, as per a pre-agreed
plan of action.
The manner in which roles and responsibilities change once external emergency services are
on site needs to be clear.
Access to the site / area during an emergency should be controlled and the means of
achieving this must be described.
If a specific offsite emergency plan exists, then this should be referred to by name/number.
165
Table 9.2 The proposed project Environmental and Social Management and Monitoring
Plan
No. Nature of Negative Mitigation Measures Responsibility Performance Cost
Environmental / Indicators Estimates Per
Social Impacts Year (Kshs.)
1 Pre-Construction phase
A) Environmental Impacts
(i) Vegetation i. Clearing should be Contractor & Vegetation cover 10,000

clearance limited to the areas Proponent
required for
construction.
ii. Land
scaping of disturbed
areas should be
undertaken after
construction.
B) Socio-economic Impacts
(i) Change of land use Application for Proponent Change of user 60,000
(from industrial to Change of land use certificate /
petroleum storage to the Mombasa approval
depot) County Physical
Planning
department.
166
No. Nature of Mitigation Measures Responsibility Performance Cost
Negative Indicators Estimates Per
Environmental / Year (Kshs.)
Social Impacts
2 Construction
Phase
A) Environmental
Impacts
(i) Air pollution i. Conduct an air quality audit Contractor / Air quality 80,000
to collect baseline data that Engineer in monitoring
can be measured against. charge audits
ii. Construction site and
transportation routes to be
water sprayed on dry and Dust settled
windy days, especially if on
near sensitive receptors.
neighboring
iii. Haulage trucks must be buildings &
covered. vegetation
iv. Particulate emissions will
be controlled by the off-site
disposal of construction
debris.
v. Vehicles and construction
machinery should be
properly maintained.
vi. All diesel fuel in use
should be ultra-low Sulphur
diesel.
vii. Staff working in dust
generating activities e.g. site
preparation, excavation,
concrete mixing should be
provided with dust masks.
(ii) Excess Noise and 1.Conduct a noise survey Contractor & Noise survey 120,000
Vibrations audit to provide baseline audits
Engineer in
data to monitor against
charge
2.Establish means for the
public to contact the
engineer-in- charge (i.e.,
provide telephone number,
email, etc.) and methods to
handle complaints.
167
Negative Indicators Estimates
Environmental Per Year
/ Social Impacts (Kshs.)
3.The use of hearing protection gear
by workers when exposed to noise
Complaints
levels above 85 dB (A).
from
4.It is recommended that the neighbors
contractor ensures that noise &
excessive vibration from
construction activities are within
permissible levels as per the
provision of the Environmental
Management and Coordination
(Noise and Excessive Vibration
Pollution) (Control) Regulations,
2009. This includes among others
adhering to permissible noise and
vibration level.
5.Construction work should strictly

be undertaken between 8:00am –
5pm or as per EIA license
conditions.
6.Use of well-maintained
machineries with minimal noise
emissions
(iii) Terrestrial 1. Educate contractors on the Contractor Properly 50,000

(Flora and importance of flora and fauna landscaped
in the area, including the compound.
Fauna) Absence of
appropriate regulatory
requirements to preserve fauna introduced
and flora. invasive plant
2. Minimize vegetation clearance species.
and demarcate areas
construction.
3. Restrict foreign material export
to and from the site to curtail
spread of invasive species
168
/ Social (Kshs.)
Impacts
(iv) Water Quality i. Earthworks shall be halted when rain Contractor & Availability 120,000
conditions are such that excessive proponent of
erosion and silt loaded run-off can be
expected.
NEMA
ii. The construction programme will effluent
avoid excessive exposure of bare earth discharge
surfaces which may be more prone to license.
erosion.
iii. If appropriate, settlement lagoons to be
used to allow silts to be retained prior
to discharge of run-off to the existing
drainage channels or direct to sea
(through the rock revetment)
iv. Consideration will be given to
undertaking routine maintenance of
plant and vehicles off-site in a properly
equipped cabro workshop with oil
interceptors.
v. Avoidance of water accumulation and
stagnation
vi. Existing drainage channels to be
cleared of silt / debris and trash screens
installed if appropriate.
(v) Soil i. Natural drainage to be maintained or Contractor & Stable soils 90,000
degradation improved. Stripped topsoil should be Engineer in in disturbed
used for landscaping
charge areas
ii. Areas dedicated for hazardous material
storage shall provide containment
and facilitate clean up through
Soil test
measures such as dedicated spill analysis in
response equipment. spill
iii. Storage sites for petroleum products to occurrence
be secured and signs to be posted
which include hazard warnings, who to
areas
contact in case of a release (spill),
access restrictions and under whose
authority the access is restricted will be
posted.
iv. In case of soil pollution, subsurface
investigations should be conducted
which should involve the collection of
subsurface soil and groundwater
samples for laboratory analysis
169
/ Social (Kshs.)
Impacts
(vi) Water Usage • Install and properly manage Contractor & Water bill 60,000
site sanitation facilities/ proponent records
recycle waste water on site
• Turn off taps when not in

use
• Install water conserving

taps that turn off
immediately when not in
use
• Install water meter to

monitor water usage and
bills.
(vii) Energy Usage • Ensure that all lighting Contractor & Use of 30,000
system are switched off proponent renewable
when not in use energy
sources
• Install energy saving bulbs
Power bills
• Design the office
infrastructure to maximize
the use of natural light.
• Install metering system for

monitoring.
(viii) Generation Of • Construction waste should Contractor & Contract of 170,000
Solid Waste be recycled or reused to waste
Engineer in charge
ensure that materials that management
would otherwise be services
disposed of as waste are
diverted for productive
uses: excavated soil and Provision of
debris should be properly separate
disposed of by backfilling waste
and landscaping. receptacles.
• Contracted waste handlers

should be licensed by
NEMA to transport and
dispose waste at approved
dumpsites only.
170
/ Social (Kshs.)
Impacts
• During transportation of
waste, it should be covered
to avert dispersion along the
way.
• Hazardous waste should not

be mixed with other solid
waste generated and should
be managed by way of
incineration or land-filling
through a licensed
hazardous waste handler.
(ix) Alteration Of • Monitor the natural flow Contractor & Functional 50,000
Natural system during heavy rains; drainage
Drainage Engineer in charge system
special attention should be
System given to the outflow of the
natural drains collecting
flood/rainwater from the
areas under construction.
• Improve on the existing

natural drainage systems to
avoid flooding.
B) Socio-economic Impacts
(i) Safety And • Conduct Regular drills shall be Contractor & Presence of 120,000
Health Risks undertaken to test the response of informative
Engineer in charge
the involved stakeholders; signage
• Use signage to warn staff and/ or Safety and

visitors that are not involved in Health audits
Provision of
• Restrict non-essential staff from first aid
the construction sites. boxes,
firefighting
• Develop evacuation procedures to equipment
handle emergency situations. Maintenance
of equipment
and plants
logs
171
/ Social Impacts (Kshs.)
• Truck drivers should
maintain a speed limit of not more
than 20Km/hr.
• Compliance to all international,

national and local health and safety
standards that may exist.
• Clear marking of work site hazards

and training in recognition of
hazard symbols.
• Training of all personnel in fire

prevention and protection.
• Provision of first aid boxes and a

trained first aider available during
all working hours
• Regular inspection, testing and

maintenance of equipment and
machinery.
• Use of water sprays to arrest dust.
• Containment of hazardous
materials.
• Provide adequate protective gear to

construction workers.
• Adhere to provisions of
Act of 2007 and the rules
formulated under it.
• Implement HSEMS
Integrated Management
System.
172
/ Social (Kshs.)
Impacts
(ii) Gender Equal employment opportunities for both Contractor, Gender N/A
Inequality men and women. Proponent equality
1. Expose and involve women in

construction activities where possible
in an effort to transfer required skills
to them.
2. Involve women groups in activities

that they are good at such as
landscaping
3. Enhance gender sensitivity and reduce

gender discrimination in construction
activities.
(iii) Road Traffic 1. Deliveries will be made to site outside Contractor & Deployment 20,000
of the periods of high congestion on Proponent of
the public road system (i.e. early traffic
morning, late afternoon). marshals
2. Materials haulage companies to use
competent drivers and ensure that shift
patterns do not result in excessive
working hours resulting in
compromised road safety
3. All haulage vehicles shall be
maintained in good running order and
should comply with the requirements
of Road Traffic Act.
4. Where feasible, and to limit the
number of movements of haulage
vehicles to and from the Port area, it is
anticipated that bulk materials will be
shipped to Port and moved directly to
site (i.e. steel reinforcement, geogrid,
etc. subject to appropriate port
clearance).
173
No. Nature of Negative Mitigation Measures Responsibility Performance Cost
Environmental / Social Indicators Estimates
Impacts Per Year
(Kshs.)
3 Operation Phase
A) Environmental Impacts
(i) Airborne Emissions i. Using low-Sulphur Proponent Annual air 100,000

fuels for the vehicles quality
& machines monitoring
ii. Regular maintenance audits
of machines &
equipment to ensure Maintenance
good working records of
condition vehicles,
machines &
iii. Encourage
equipment
reduction in engine
idling during on- and
offloading activities.
iv.Ensure Periodic Air
quality monitoring
(ii) Excessive Noise 1.Sensitize workers on Proponent Annual Noise 30,000

unnecessary hooting of Survey audits
vehicles and shouting
2.Regular maintenance
of vehicles and
machines within the
3.project site
(iii) Increased Water Demand i. Water abstractions Proponent Monthly 60,000
from the borehole internal water
should be as per the used audits
WRMA permit;
ii. Implement water
saving devices for Rain water
domestic water use harvesting
e.g. dual flush toilets,
automatic shut-off Water saving
taps, etc.; techniques
iii. Practice rain water
harvesting for non-
potable uses such as
irrigation, cleaning
and flushing
purposes;
174
/ Social (Kshs.)
Impacts
iv. Landscapes must be designed to
absorb rainwater run-off rather
than having to carry it off-site
in storm water drains;
v. Maintenance of proper pressure
within fire water systems to
limit water use;
vi. The closed-circuit cooling
system will lead to reduced
water use;
vii. Conducting of regular audits of
water systems to identify and
rectify any possible water
leakages;
viii. Implementing a system
for the proper metering and
measurement of water use to
enable proper performance
review and management.
(iv) Solid waste • Engagement of a licensed Proponent Efficient As per

generation waste handler to collect the solid waste contracted
solid waste at regular management solid
intervals; system waste
handler’s
• Oily rags, used saw dust or contract
other material that is oil Contracts of
contaminated should be waste
collected by a hazardous waste handlers
handler;
• Provide separate colour coded

and labelled bins to encourage
waste segregation at source;
175
/ Social (Kshs.)
Impacts
• Create wealth from wastes by
selling recyclable wastes such
as plastics; Up-to-date
records of
• Keep records of waste
wastes
volumes/masses and types
collected
collected by the contracted
entity;
• Education and training for
employees to help ensure that
proper waste reduction,
sorting, and disposal
procedures are followed.
(v) Waste water • The generator shed should be Proponent Efficient 20,000
generation bunded to contain oil leaks / waste water
spills and should be connected management
to an interceptor to filter the system
oil before the waste water
flows into the septic system;
• Maintenance of the storm

water management
infrastructure to prevent
blockages;
• Separate storm water and

sewerage systems;
• Absorbent materials such as
saw dust should be available at
maintenance and repair areas
and at storage areas, in order
to clean up small spills from
leaks or due to repairs;
• Landscapes should be
designed to absorb rain water
run-off rather than having to
carry it off-site in storm water
drains.
176
/ Social (Kshs.)
Impacts
B) Socio-Economic Impacts
(i) Occupational • Monthly fire drills shall be Proponent -Annual 120,000

Health and undertaken to test the response of the Occupational
Safety involved stakeholders; Safety and
Risks/Issues Health audits
• Conduct statutory assessments i.e.
risk assessments, fire safety audits -Annual Fire
and Occupational Safety and Health risk audits
audits annually through licensed
-OSH
advisors and auditors training
• Conduct statutory trainings under records
OSHA, 2007 and Rules under it. i.e. -Presence of
basic first aid, fire safety training, and informative
signage
committee training through approved
training institutions -Provision of
• Provide adequate lighting in all first aid
workrooms; boxes,
firefighting
• Provision of firefighting equipment in
equipment
strategic and well labelled areas;
-Maintenance
• Train workers on safe work practices,
of equipment
and provide appropriate PPE; and plants
• Enforcement of use of PPE logs
• Restriction of access to high-risk

areas to authorized personnel only
• Use signage to warn staff and/ or
visitors of dangerous places. The
signage must be visible and placed
strategically; and
• Develop evacuation procedures to
handle emergency situations.
177
/ Social (Kshs.)
Impacts
(ii) Marine Traffic • KPA to control and regulate Proponent & Records of 50,000
shipping movements within the contractor docking,
port area. loading and
offloading
• KPA to have adequate controls ships at the
enforced to ensure the safety of terminal
ship movements and berthing berth.
operations, and that this includes
the avoidance and mitigation of
potential negative environmental
impacts.
• Put in place good marine traffic

plan.
• Work in collaboration with KPA
to ensure the safety of ship
movement and berthing
operations.
(iii) Security and i. Fossil Supplies Limited Station Proponent & Presence of 40,000
Public should liaise with Mombasa contractor security
County Government and County officers
Safety
Administrations during the
mobilization phase.
ii. Ensure that all workers can be
identified by staff uniform and
badges at the site.
iii. Adequate security measures
should be provided, e.g.
perimeter fencing and security
manning at the site.
iv.Journey management policy and
monitoring to be enforced.
v. Smoking will only be permitted
in designated areas; no litter will
be left along the construction
sites; there will be no collecting
of vegetation or firewood.
vi.Barriers and guards should be
installed as necessary to protect
employees and visitors from
physical hazards and criminal
activity.
178
CHAPTER TEN: PROJECT DECOMMISSIONING
10.1 Introduction
Decommissioning is the final disposal of the project and associated materials at the expiry
of the project. It mainly involves the proponent removing all materials resulting from the
demolition from the site and restoring the site to the near original state. A complete
decommissioning audit and plan should be submitted to the Authority (NEMA) at least 3
months prior to decommissioning.
Table 10.1: The proposed project decommissioning plan
No. Activity / Issue Action required Responsibility Estimated Cost

(Kshs.)
1. Generation Of • All solid waste to be collected at a central Contractor & 120,000

Solid Waste location and be stored temporarily until Project
removal by a licensed solid waste handler. Environmental
• Contractor should adopt the method of Officer
selective demolition as far as practicable to
enable the removal of wastes of the same
category one at a time thus facilitating
recycling of wastes for beneficial reuse and
minimizing the burden on dumpsites.
• No dumping within the surrounding area is to
be permitted. Where potentially hazardous
substances are being disposed of, a chain of
custody document should be kept with the
environmental register as proof of final
disposal. General waste is to be collected
either by the County Government or via a
licensed waste disposal contractor. The
frequency of collections should be such that
waste containment receptacles do not
overflow.
• Waste generated at the site should be
categorized by the contractor and disposed of
in a suitable manner into different waste
streams (including general and hazardous
waste). Wherever possible recycling should
be carried out.
• Litter generated by the construction crew
must be collected in rubbish bins and
disposed of weekly at registered waste
disposal sites.
• All rubble must be removed from the site to
an approved disposal site as approved by the
Engineer. Burying rubble on the site is
prohibited.
• Ensure that no litter, refuse, wastes, rubbish,
rubble, debris and builders wastes generated
on the premises is placed, dumped or
deposited on adjacent/surrounding properties
during or after the decommissioning period
of the project are disposed of at dumping site
as approved by the County government.
179
No. Activity / Action required Responsibility Estimated Cost
Issue (Kshs.)
2. Soil erosion • Re-vegetate the site with grass and indigenous tree species. Contractor & 40,000
Project
Environmental
Officer
3. Air pollution • Active earth work areas, stockpiles and loads of soil being transported Contractor & 70,000
must be watered to reduce dust. Project
• All areas disturbed during closure of the site that are not required for Environmental
a specific activity must be re-vegetated. Officer
• Diesel exhaust emissions from heavy machinery on site (excavators,
front end loaders and hauling trucks) must be controlled and
minimized by regular checks and servicing of vehicles. Any
construction vehicle found to be emitting excessive smoke should be
stopped from the operations for some mechanical attention before it
can continue.
4. Noise and • The contractor should use modern equipment, which produces the Contractor & 70,000
excess least noise. Any unavoidably noisy equipment should be identified Project
vibrations and located in an area where it has least impact. The use of noise Environmental
shielding screens should be used and the operation of such Officer
machinery restricted to when it is actually required.
• For mobile equipment fit efficient silencers and enclose engine
compartments in plant vehicles.
• For fixed plants, isolate source by enclosure in acoustic structure.
• Carefully select fixed plant site for remoteness from sensitive areas.
• Raise barriers around noisy equipment.
5. Accidental • The Contractor should ensure that his employees are aware of the Contractor & 100,000
leaks and procedure for dealing with spills and leaks. Project
spillages • The source of the spill should be isolated and the spillage contained Environmental
using sand berms, sandbags, sawdust and/or absorbent material. Officer
• The area should be cordoned off and secured.
• The Contractor should notify the relevant authorities of any spills
that occur.
• The Contractor should also ensure that the necessary materials and
equipment for dealing with the spills and leaks is available on site
at all times.
6. Loss of • The safety of the workers should surpass as a priority of all other Contractor & 20,000
income, objectives in the decommissioning project proponent
health/medical • Adapt a project – completion policy: identifying key issues to be
benefits, considered.
quality life, & • Assist with re-employment and job seeking of the involved
increased workforce.
dependency • Compensate and suitably recommend the workers to help in seeking
rates. opportunities elsewhere.
• Offer advice and counseling on issues such as financial matters.
7. Vegetation • Implement an appropriate re-vegetation programme to restore Contractor & 30,000.00

disturbance the site to its original status. proponent
Land • During the re-vegetation period, appropriate surface water
deformation: runoff controls will be taken to prevent surface erosion.
soil erosion & • Monitoring and inspection of the area for indications of erosion
drainage will be conducted and appropriate measures taken to correct
problems any occurrences.
• Fencing and signs restricting access will be posted to minimize
disturbance to newly-vegetated areas.
• Comprehensive Landscaping.
180
CHAPTER ELEVEN: EMERGENCY RESPONSE PLAN
11.1 Introduction
Emergencies and disasters can occur any time without warning. It is important for the
proponent to prepare for them and to be in a good position to act to minimize panic and
confusion when they occur. Emergency Response Plans (ERP) will have to be instituted
throughout the project cycle. The following elements of a conventional emergency
response plan are recommended as summarized in the table below.
Table 11.1 Proposed Emergency Response Plan
Emergency Response Actions/Requirements Responsibility
Plan Components
Potential Emergency Identification of all potential Contractor during construction and

emergencies associated with the decommissioning phases.
proposed project at the project
site Include: Fires, Accidents & Proponent during operation
Incidents, Security, hazardous phase
materials and oil spills, etc.
Emergency Designated Primary and Contractor during

Operations Secondary Contact Person construction and
Coordinator (EOC) Decommissioning phases.
Proponent during operation

phases.
Emergency contact Give & display contact for Fire Contractor during construction and
Numbers Station, Ambulance, Police, decommissioning phases.
Hospitals and First Aider on
duty, including those of the Proponent during operation
Kenya Red Cross. phase
Installation of • Fire sensors Contractor during construction

emergency • Fire alarms, and decommissioning phases.
equipment • Fire extinguishers,
• Fire hose, Proponent during operation
• Panic alarm button, phase
• Provision and
enforcement of use of
PPEs,
• Emergency
Communication
equipment, such as
Phone & alarm bells
181
Emergency Actions/Requirements Responsibility
Response Plan
Components
Training for • Regular Training for Contractor during construction
emergency Emergency Response and decommissioning phases.
response
Proponent during operation phase
Trained In the • Employees training in the use Contractor during construction

Use of Emergency of emergency equipment and decommissioning phases.
Equipment
phase
First Aid • Provision Of First Aid Kits, Contractor during construction

• First Aid Management and decommissioning phases.
Training
phase
Signage • Fire sensors Contractor during construction

• Signage, action poster, alarm and decommissioning phases.
bell/ panic button.
phase
Procedure for • Evacuation plan Contractor during construction

rescue and • Warning system, and decommissioning phases.
evacuation • Assembly site
• Shelter in place plan. Proponent during operation
phase
Emergency •Annual Emergency Response Contractor & Proponent during

Response Plan Plan review all project phases.
review
182
CHAPTER TWELVE: QUANTITATIVE RISK ASSESSMENT
12.1 Introduction
12.1.1 Chemical Properties of LPG
• LPG is approximately twice as heavy as air when in gas form and will tend to sink to the
lowest possible level and may accumulate in cellars, pits, drains etc.
• LPG in liquid form can cause severe cold burns to the skin owing to its rapid
vapourisation.
• Vapourisation can cool equipment so that it may be cold enough to cause cold burns.
• LPG forms a flammable mixture with air in concentrations of between 2% and 10%.
• It can, therefore, be a fire and explosion hazard if stored or used incorrectly.
• Vapour/air mixtures arising from leakages may be ignited some distance from the point
of escape and the flame can travel back to the source of the leak.
• At very high concentrations when mixed with air, vapour is an anaesthetic and
subsequently an asphyxiant by diluting the available oxygen.
• A vessel that has contained LPG is nominally empty but may still contain LPG vapour
and be potentially dangerous. Therefore, treat all LPG vessels as if they were full.
• It’s a liquified petroleum gas obtained from refining of crude or directly from natural gas
12.1.2 Physical Properties of LPG

• Chemical Formula C3H8
• Boiling point at 101.3 kPa (°C) -42.1
• Liquid density at 15 °C (Kg/m3) 506.0
• Absolute vapour pressure at 40 °C (kPa) 1510
• Flash Point (°C) -104
• Upper flammable limit (% vol. in air) 9.5
• Lower flammable limit (% vol. in air) 2.3
• Vol. vapour per vol. liquid 269
• Relative vapour density (air = 1) 1.55
• Coefficient of expansion (liquid) per 1°C 0.0032
• Minimum air for combustion (m3/m3) 24
• Kinematic Viscosity (centistokes) @ 20°C 0.20
• Latent Heat of Vapourisation (kJ/Kg) @ 20°C 352
• Specific Heat (kJ/Kg/°C) @ 20°C - liquid 2.554
• Specific Heat (kJ/Kg/°C) @ 20°C - vapour 1.047
• Minimum ignition temperature (°C) in oxygen 470 - 575
• Maximum Flame temperature (°C) 1980
• Octane number >100
• Specific Energy (gross) kJ/Kg 49.83
183
12.2 Identification of Hazards
The material of concern was the large LPG inventory that is hazardous, and which has the
potential to create major hazards, if released. The proposed project is a Major Hazard
installation and LPG is classified as a highly flammable gas under UN classification of
dangerous goods. Environmental effects (biophysical impacts) are not relevant the proposed
project and no environmental risk assessment was carried out as part of the Major Hazard
Installation Risk Assessment.
12.3 Hazard Analysis
12.3.1 Hazard Identification
Identification of hazards is an important step in Risk Assessment as it leads to the generation

of accidental scenarios. The merits of including the hazard for further investigation are
subsequently determined by its significance, normally using a cut-off or threshold quantity.
Once a hazard has been identified, it is necessary to evaluate it in terms of the risk it presents
to the employees and the neighbouring community. In principle, both probability and
consequences should be considered, but there are occasions where it either the probability or
the consequence can be shown to be sufficiently low or sufficiently high, decisions can be
made on just one factor.
Figure12.1 Risk and hazard management summary
184
12.3.2 The Risk Matrix
The Risk Matrix is the adequate way to represent results from a qualitative assessment. On
the x-axis classes of consequences are represented (increasing damage from left to right). On
the y-axis classes of likelihood are represented (increasing likelihood from below to above).
The Cartesian product of both axes provides all the possible combinations of likelihoods and
consequences. A colour code (green – yellow -red) and/or number code (I–II-III-IV, etc.)
indicates the severity of the combination likelihood-consequences.
Table 12.2 The Risk Matrix
Severity
Almost
Medium High High High High
Certain
Probable Medium Medium High High High
Likelihood
Possible Low Medium Medium High High
Unlikely Low Low Medium Medium High
Rare Low Low Low Medium Medium
Insignificant Significant Severe Major Catastrophic
12.3.3 Sections Analyzed
The site was broken down into discrete sections to facilitate the analysis of possible hazards.
These sections are:
• LPG receiving line from the KPRL/KPC tie in
• LPG storage in mounded bullets
• Piping from bullets to pump suction and delivery to rail and road tanker filling
• LPG pump
• Rail wagon filling
• Road tanker loading
185
12.3.4 Cause Development
When a flammable material like LPG is released as a gas, initial dispersion will take place
by the jet velocity, where-after it will form a gas cloud, which will drift away assisted by the
wind. Similarly, when an LPG liquid is released, a portion will flash off from the jet, while
the remainder will fall on the ground and form a pool. If there is immediate ignition, a flash,
jet and pool fire will result, otherwise evaporation will take place from the pool, and will
combine with the flashed off vapour to form a cloud, which will drift away assisted by the
wind. Later ignition could cause a flash fire or an explosion when the cloud is in a confined
area, or the flash fire could flash back igniting the pool. Fires will lead to radiation injuries
and damage, whereas explosions will result in blast injuries and damage. When a toxic
material is released as a gas, initial dispersion will take place by the jet velocity, where-after
it will form a gas cloud, which will drift away assisted by the wind. Similarly, when a toxic
liquid is released, a portion will flash off from the jet, while the remainder will fall on the
ground and form a pool. If the liquid is volatile, evaporation will take place from the pool,
and combine with the flashed off vapour to form a cloud, which will drift away assisted by
the wind. As the cloud moves away, it will mix with air and become dispersed and the
concentration will decrease as it travels. Thus, the further away from the source, the lower
will be the gas concentration.
12.3.5 Hazard Analysis
Table 12.3 The Hazard Analysis
Terminal Failure & Cause Hazard & Control

Section Consequence
Tank farm -Bullets • Pool fire - Emergency Shut down
-Bullet rapture due • Jet fire (ESD)
to corrosion, • Flash fire - maintenance -
Sabotage, Ignition • Explosion Electrical area
sources, e.g., hot -Damage to classification
work, electrical property - Earthing & Bonding –
sparks, static, -Personnel Security surveillance by
smoking injury CCTV, patrols, Wall
fence
Road tanker -Wagon burst • Pool fire -Emergency procedures,
loading -Loading arm • Jet fire e.g., isolation
rupture due to loss • Flash fire - Fire extinguishing
of integrity e.g., • Explosion
corrosion, or -Damage to
tanker pulled away property
with arm -Personnel
injury
186
-Ignition sources
present, e.g., hot
work, electrical
sparks, static,
smoking
Pump -Pump burst or • Pool fire -Emergency
gland leak - • Jet fire procedures., isolation
Ignition sources • Flash fire - Fire extinguishing
present, e.g., hot • Explosion
work, electrical -Damage to
sparks, static, property
smoking -Personnel
injury
12.4 Effect Categories
In order to interpret the effects of explosion, fire and toxic releases, effects of
consequence were compiled from various sources: DNV (2020), TNO (1992), TNO
(1997), ICI (1986). From this information the following three effect categories are
defined based on the modelling outputs in the ‘Safeti ‘software
Table:12.4 Effect Categories
Category 1-Least severe 2-Moderately 3-Most

severe severe
Fire radiation 4 12.5 37.5
kW/m2
Effects from a Pain, Blisters 2nd Degree 100% Fatal
pool or jet fire Burns
or a fire ball
for 10 s
Flash fire Radius from the release to ½ the Lower Flammable Limit
radius m (LEL)
Effects from a 100 % Fatal
flash fire
187
12.5 Likelihood Analysis
Currently, there is no information available in Kenya related to failure frequencies or
rates of petroleum facilities infrastructure. Subsequently, generic failure rates from the
data bases in the Dutch Standards i.e. Purple Book, Bevi document and HSE etc. The
failure data was adjusted according to the evaluation of the Process Safety Management
(PSM) and organizational measures which are proposed to be practiced on the site. This
may be well managed, not well managed or neutral and the failure frequency was
adjusted accordingly.
12.6 Risk Results
Two types of risks were evaluated using QRA computer model DNV-GL SAFETI
individual risk to employees and public and societal risks.
12.6.1 Individual Risk to Employees
Individual risk is the chance that a particular individual at a particular location will be
harmed in the course of a year. The risk is typically expressed as the chance (e.g., 10-3,
10-4, 10-5… 10-8) of a fatality per person per year. Contours have been plotted on a map
of the site taking into account the combined risk scenarios
12.6.2 Societal Risk
Societal risk depends on the population distribution normally surrounding the site, as
well as on whether persons are indoors or outdoors, i.e., their ability to escape from the
hazard area. Societal risk is a way to estimate the chances of numbers of people being
harmed from an incident. The likelihood of the primary event (an accident at a major
hazard plant) is still a factor, but the consequences are assessed in terms of level of harm
and numbers affected, to provide an idea of the scale of an incident in terms of numbers
killed or harmed. An estimate of the number of people in a populated area was done and
the population density calculated based on the surface area. The areas delineated on
probability that people would be indoors was assigned to each population area based on
the Dutch risk management guidelines, known as the Green Book 1992.
188
Societal risks were determined by using the individual risks to calculate the number of
fatalities in a specific population area, taking account of the population density, the
probability that people will be indoors, the wind direction distribution and ignition
probabilities associated with the population and other activities. Societal risk was then
expressed in frequency
Table:12.5 RISK Assessment Template
No. Risk Likelihood Impact Overall Process

Ratings
HSE Emergency
1. Fire and explosion 4 5 20
Management
Environmental HSE Emergency
2. 3 5 15
Pollution Management
Incident and
3. Personnel Injuries 3 5 15 Accident
Reporting
4. Explosion 4 4 16
Legend 1: Overall Risk Rating

Low Risks Medium Risks High Extreme Risks
Risks
189
12.6.3 Key Risk Indicators
12.6.3.1 LPG Terminal Top Risks and Improvement Plans
Below are the top risks and Proposed Improvement Plans
Table:12.6 FSL LPG Terminal Top Risks
No Risk Name Likelihood Impact Overall Mitigation plan

Ratings
1. Fire and 4 5 20 1. Design fire alarm and

explosion detection systems
2. Train staff on basic
fire course
3. Sensitize staff and
stakeholders
4. ESD systems
5. Have MOUs with
stakeholders
6. Design and implement
fire resistant systems.
7. Carry out periodic fire
drills as per OSHA
2007
8. Have HSE committees
as per OSHA 2007
legal notice 31
2. Environmental 3 5 15 1. Implement EIA study
Pollution EMP
leak detection system
spill containment
3. Personnel 3 5 15 1. Sensitize staff and
Injury stakeholders on Near
Miss Reporting
2. Adhere to permit to
work system
3. Provide appropriate
and adequate PPE
190
Below are the Key Risk Indicators (KRI) Top Risks
Table:12.7 FSL LPG Terminal Key Risk Indicators

No. Risk Risk Indicator Tolerance Levels
1. Fire and No of fire 1. zero

explosion incidents 2. 1 to 2
3. Above 3
Environmental No of Spillage 1. zero
pollution 2. 1 to 2
2. 3. Above 3
3 Personnel Injury No. of Incidents 1. Zero
2. 1 to 5
3. Fatal
12.7 Mitigation Measures
The following mitigation measures, as part of the organizational risk management

should be implemented by FSL during operation of the project
• Compile registers of all pressure vessels (bullets), relief valves, piping, loading
hoses and arms, interlock and trips, flame, and explosion proof electrical
equipment.
• Set up schedules for inspecting and testing of all pressure vessels (bullets), relief
valves, piping, loading hoses and arms, interlock and trips, flame and explosion
proof electrical equipment.
• Put in place a system to prevent unauthorized override or defeats of alarms,
interlock and trips.
• Institute formal training of all operating personnel with pass out for competency.
Set up refresher training, accident recall and major hazard awareness training for
operating personnel, as well as the public.
• Implement formal investigation of accidents, incidents and near misses with
recording documentation.
• Operating, technical and training manuals as well as formal standard Piping and
Instrumentation (P & I) diagrams for the plant should be compiled.
• This information should be updated whenever any change takes place, as it is
essential for proper operation and identification of valves, piping, equipment and
instrumentation for maintenance. Accidents originating from, e.g., modifications
or operations based on inadequate information will thus be avoided.
191
• The condition of rail and road tanker loading hoses should be regularly inspected
to ensure that deterioration is detected early, thus preventing their unexpected
rupture.
• Provide emergency isolation on the bullet outlet piping and the pump via a leak
detection and intrusion system.
• Provide fire protection systems on the pump and road and rail filling gantries
• Implement a permit to work clearance system for maintenance and a management

of change for modifications.
• All project designs must be signed by a professional engineer registered in Kenya

in accordance with the Professional Engineers Act, who takes responsibility for
suitable designs.
12.8 LPG Terminal Safety Aspects
• The LPG terminal will be designed in accordance with criteria of NFPA 59A,
• Well defined plant operating envelopes and a high level of plant automation (within
the Process Control Systems);
• An extensive detection system of abnormal conditions (within the Safety Control
System);
• An Emergency Shutdown System to isolate affected plant parts and limit the effects of
abnormal conditions (where practical on a “fail-safe” design practice), which is
supplemented with;
• Passive design solutions within the plant to minimize the effects of accidents, such as
selective LPG spill collection, avoiding the collapse of main structures from cold
splash or fire heat-flux influence;
• An active protection system, inclusive stopping of uncontrolled sources of ignition
and a fire protection system. The fire protection systems are important either to cool
surrounding facilities or to segregate process area and reduce the risk of further
escalations of incidents. The active firefighting systems rely on permanent facilities
and use the operation crew as first line of defense.
• The LPG terminal will be monitored and controlled from a continuously manned
Central Control Room (CCR) located in the control Room building. Emergency Shut
Down (ESD) system is part of the main Plant Control & Monitoring system.
192
• ESD will be designed to monitor key safety variables and equipment and respond
automatically or to operator-initiated commands, in such a way as to reduce the risk of
hazardous or destructive incidents.
• The ESD system will be independent of the primary control system and will perform
the following functions:
➢ Monitor dangerous conditions and take appropriate shut-down action.
➢ Rapidly and reliably detect a fire condition, a LPG spillage, a leakage of

flammable gas or any other specific incident.
➢ Respond to manual requests for shut-down, Reset and override from the
operator consoles or from the field as per requirements.
➢ Record on a suitable Sequence of Event Recorder (SER) all events / alarms

and actions taken by the ESD system.
➢ Indicate to the control operator that a trip has been initiated and has been
successfully completed/not completed.
➢ The implementation of the ESD system will consist in selecting for each safety
function, an architecture which satisfies the specifications of said function and
/ or ensuring the P&ID requirements which also correspond to the safety
integrity requirements. The ESD System will be based on fail-safe dual
redundant Programmable Logic Controller (PLC). I/O module, power supply
module and communication module will be redundant. PLC will have watch
dog timer for self-diagnosis.
12.9 QRA Conclusions and Recommendations

• Implement the EIA study recommendations and Environmental Management Plan
(EMP)
• LPG must be stored in adequate location wherein vessels or cylinders are suitably
positioned having regard to the relevant codes of practice
• LPG plant must be designed to appropriate standards and be properly installed and
commissioned by competent persons
193
• Plant must be fitted with adequate safety and monitoring control devices and
operated by competent persons
• Occupiers must notify the gas supplier of any structural or other changes which
might affect the gas installation
• There must be a suitable programme of maintenance and testing by competent
persons
• Plant must be identifiable and accessible for maintenance
• Records of maintenance and tests must be kept
• Precautions must be taken to prevent fire and explosion including appropriate
protection of storage vessels
• Installations must have appropriate security measures to prevent deliberate
interference
• Incidents involving death or hospitalisation, fire or explosion or a significant release
of LPG must be reported to the Authority and records of such incidents must be kept
• Obligations are placed upon occupiers, suppliers of LPG, persons present at
installations, designers of plant and persons installing plant.
194
CHAPTER THIRTEEN: CONCLUSION AND RECOMMENDATION
13.1 Conclusion
The ESIA Study Report has been carried out as per NEMA EIA guidelines, the approved
Terms of References and other applicable Laws, Policies and Regulations. It has been
professionally executed with involvement of the Proponent.
All Stakeholders who shall be impacted in one way or another by the Proposed LPG
Common User Facility were engaged and participated in various forums generally
supported the proposed project.
The ESIA Study Report has identified positive and negative impacts of the Proposed LPG
Common User Facility to the Environment. Further the report has recommended
comprehensive mitigation measures to eliminate the hazards and minimise the risk to as
low as practically possible.
A Quantitative Risk Assessment (QRA) was carried out as per requirement under the OSHA
2007 and the summary has been included herein.
The Proposed LPG Common User Facility and associated infrastructures are unlikely to
result in permanently damaging environmental and social impacts if the proposed mitigation
measures proposed in this study are adequately implemented in all phases of the project.
The potential for positive socio-economic benefits can be realized if the enhancement
measures are put in place.
The Environmental Management Plan in this report has proposed several management
measures to mitigate identified impacts and to enhance identified positive benefits of the
proposed project.
13.2 Recommendations
1. The Proposed LPG Common User Facility must be designed as per the ISPS Standards
and be properly installed and commissioned by competent persons;
2. The facility must be fitted with adequate safety and monitoring control devices e.g.
Safety Instrumented System (SIS) and operated by competent persons;
3. The proponent should follow the guidelines as set out by relevant lead agencies to
safeguard and visualise environmental management principles during construction and
operation / occupation phases of the proposed project such as: -
• All solid waste materials and debris resulting from construction activities should be
disposed-off at approved dumpsites.
• Elaborate treatment for active gaseous waste, active liquid and solid waste before
any discharges should be provided.
• The management should adopt an onsite recycle/reuse potential of treated water for
dust suppression at sites, damping and/or flushing of toilets.
195
• Personal protective equipment should be provided to all workers/staff on site.
• Develop a full offloading and installation methodology with supporting engineering
design and checks, to ensure the safety of the offloading, delivery and installation
operation.
• Implementing social and community welfare measures aimed at improving
infrastructural facilities including road, education, and health in the project area as
part of community social responsibility.
• implement a traffic management plan
• Develop a waste management plan aimed at minimising production of hazardous
wastes.
• All project activities should be restricted from ocean shoreline to prevent damage to
marine flora and fauna.
• Conduct statutory Environmental audits, Fire risk assessments and Occupational
Safety and Health audits annually through licensed advisors for the facility during
operations phase, as per the NEMA requirements to monitor the environmental
compliance standards during the project implementation and operation phases.
• Safety within the living and working environment is of great importance, it is
recommended that all provisions of OSHA 2007 be adhered to. An annual
Occupational Safety and Health Audit, and Fire Safety Audit should be conducted.
It is hereby recommended that the Proposed Fossil Supplies Limited Liquified Petroleum
Gas (LPG) Common User Facility ESIA Study Report is considered for approval.
196
REFERENCES
• Kenya National Bureau of Statistics (2010). The 2009 Kenya Population and
Housing Census. Counting our people for the implementation of Vision 2030.
Volume 1A: Population Distribution by Administrative Units. Government
Printer, Nairobi.
• Republic of Kenya (2015). Environmental Management and Co-ordination
(Amendment) Act, 2015, Cap 387. Kenya Gazette Supplement No. 74 (Acts No.
5). Government printers, Nairobi.
• Republic of Kenya (2014). Penal Code, CAP. 63. Government printers, Nairobi.
• Republic of Kenya (2013). Environmental Management and Coordination, (Air
Quality) Regulations 2013. Legal Notice No. 34. Government printers, Nairobi.
• Republic of Kenya (2012) Land Act, 2012. Legal Notice No. 6. Government
Printers, Nairobi.
• Republic of Kenya (2012) Public Health Act CAP 242. Government printers,
Nairobi.
• Republic of Kenya (2010) Physical Planning Act, 2010 (Revised Edition 2012).
CAP 286. Government Printers, Nairobi.
• Republic of Kenya (2010). The Constitution of Kenya 2010. Government Printers,
Nairobi.
• Republic of Kenya (2009). Environmental Management and Coordination, (Noise
and Excessive Vibration Pollution) (Control) Regulations 2009. Legal Notice No.
61. Government printers, Nairobi.
• Republic of Kenya (2007) Occupational Safety and Health Act, 2007. Legal Notice
No. 15. Government printers, Nairobi.
• Republic of Kenya (2007). Kenya’s Vision - 2030. Government Printers, Nairobi.
• Republic of Kenya (2006). Environmental Management and Coordination, (Waste
Management) Regulations 2006. Legal Notice No. 121. Government printers,
Nairobi.
• Republic of Kenya (2006). Environmental Management and Coordination, (Water
Quality) Regulations 2006. Legal Notice No. 120. Government printers, Nairobi.
• Republic of Kenya (2003). The Environmental (Impact Assessment and Audit)
Regulations, 2003. Legal Notice No. 101. Government printers, Nairobi.
• Republic of Kenya (1998) Rev. 2012. The County Council Act CAP 265,
Government Printers, Nairobi.
• World Bank Operational Policy 4.12 - Involuntary Resettlement, 2001.
197
ATTACHMENTS
1. Lead Expert Licence
2. Experts CV and Certificates
3. Environmental Measurement
4. Public Participation Minutes and their attendance list
5. TOR Approval
6. Public Participation Questionnaires
7. FSL Certificate of Incorporation
8. FSL PIN Certificate
9. Lease Agreement
10. KPRL No objection
11. Approved BoQ
198

EIA_2050 FSL LPG ESIA STUDY REPORT_sr 2840-min

Uploaded by

Copyright:

Available Formats

EIA_2050 FSL LPG ESIA STUDY REPORT_sr 2840-min

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

EIA_2050 FSL LPG ESIA STUDY REPORT_sr 2840-min

Uploaded by

Copyright:

Available Formats

ENVIRONMENTAL SOCIAL IMPACT ASSESSMENT (ESIA) REPORT

FOR THE PROPOSED CONSTRUCTION OF LPG COMMON USER FACILITY

REPORT PREPARED FOR:

REPORT PREPARED BY:

Legal, Regulatory and Legislative Frameworks

Technology The bulk storage considered the following alternatives

Delivery The following pipeline alternatives were considered

Subject Stakeholder Issue Response

Employment Women, Whether the The proponent is committed in

Contractor Community How the • The Construction activities

Quantitative Risk Assessment (QRA)

Potential Negative Environmental Impacts of The Proposed Project Facility

Aspect Expected Gross Recommended mitigation measures Residual

Soil Contamination Medium • Ensuring that the site has Low

Skills Transfer of Low • Initiate a capacity building program High

Increased Employment • Improved livelihood standards of the local people.

Availability of Affordable • Improved livelihoods.

Business Growth • Economic growth – mushrooming of small-scale

Improved Security • Improved business environment.

Revenue Generation • Expansion of business and promote new developments

Improved Local Community • Improved health.

Improved Environmental • Clean source of energy.

1. Demolition waste management

Donate reusable demolition waste to charitable organizations, individuals and institutions

2. Rehabilitation of proposed project site

Table 1.1: The 2016 LPG Imports Sources to Kenya 3

LIST OF FIGURES AND PHOTOS

Public Participation 1 Photos of 14th September 2022 104

API: American Petroleum Institute

According to Energy and Petroleum Regulatory Authority. The downstream supply

Table 1.1: The 2016 LPG Imports Sources to Kenya

Country Percentage 2016 Import Volumes

1.1.1 AGOL Facilities

1.1.2 SOT Facilities

Table 1.2: Summary of Mombasa LPG Import Facilities

MOMBASA IMPORT STORAGE

1.1.3 New Kipevu Oil Terminal (New KOT)

1.2 LPG Distribution in Kenya

1.3 Motivation for the Project

• Constructing, import handling, storage and distribution facilities;

FIGURE 1.1: Household Energy Consumption-2021

Farm residue,14.13%, 2.6

Firewood,72.66% Charcoal,6.24% Farm residue,14.13%

Kerosene,0.61% Electricity,5.81% LPG,0.55%

1.4 Project Background

1.4.1 Project Description and Location

1.5 Definition of Technical Terms

1.6 Project Objectives

1.7 Project Justification

1.9 ESIA Study Report Structure

1.11 Scope Of the Study

1.12.1 Desktop Review

1.12.2 Field Study

1.12.3 Data Synthesis

1.13.3 Knowledge Gaps

Name Qualifications Competence

Eng. Isaac Mbuvi Bsc. Electrical & Professional Electrical Engineer

Pollucon Services NEMA Gazetted Environmental Laboratory

Juma B. Communications Sociologist

2.1 Site Location and Description