GAZETTE NOTICE NO. 7496

ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT FOR THE PROPOSED NUCLEAR PROGRAMME IN KENYA INVITATION OF PUBLIC COMMENTS IN LIGHT of the provisions of section 57 A of the Environment Management and Co-ordination Act (EMCA) Cap. 387, Regulation 42 and 43 of Environmental (Impact Assessment and Audit) Regulations Legal Notice No. 101 of 2003, the National Environmental Management Authority (NEMA) has received a Draft Strategic Environmental and Social Assessment (SESA) Report for the Proposed Nuclear Programme in Kenya. The SESA findings are expected to integrate the existing sectoral plans and programs to establish a sustainable development mechanisms. Nuclear Power and Energy Agency (NuPEA) is the PPP owner. The Nuclear Programme in Kenya is to assist Kenya systematically and comprehensively address the unique issues of nuclear power programme based on the Strategic Plan for Nuclear Power Programme 2013 for Kenya and any other relevant information. The SESA covered the whole of Kenya. However, special focus was given to the candidate areas mapped as technologically potential for siting the nuclear reactors based on the availability of cooling water. The most suitable geographic areas for this purpose are the Coastal Region, Lake Victoria Basin and the Tana River Basin The Strategic Environmental Assessment (SEA) Objectives are: (1) To ensure sustainable use of natural resources in the implementation of the nuclear power programme (2) To assess the level of environmental sustainability in the proposed Nuclear Power Programme (3) To devise mechanisms to ensure enhanced protection and conservation of biodiversity, natural environment and built environment in the activities of the programme (4) To ensure integration of socio-economic and environmental factors in the nuclear power programme (5) To ensure public/ stakeholder participation in the decision- making process for Kenya's nuclear power programme. Key Environmental and Social Impacts and Mitigation Measures; Issue Identified Activities/Recommendations/mitigation measures Issue Identified ActivitiesIRecommendationslmitigatiotz measures Economic Issues Weapons proliferation terrorism Infrastructural Capacity Impact Assessment and Audit regulations (IAEA safety standards for decommission of facilities: - SERIES No. GSR Part 6) (IAEA, 2014) • Integration of Health Impact Assessment into the EIA Process • EIA Experts capacity building on Nuclear facilities and decommissioning EIA process Social Issues Employment impacts • and Population Migrations/ Influx Management Development of Population migrations/ influx management plans by Ministry of Health/ County Government Health Departments in candidate areas and health issues • Development and Implementation of Local Content Policy and Strategy Preservation of • Capacity building of EIA Experts, NEMA Historical, Cultural and Lead Agencies on Heritage Impact Resources and Assessment Heritage Sites • Conservation of habitats: Support mapping of protected area and development of updated maps in proximity to the candidate sites Gender and Equity • Undertake Gender Assessment for the Nuclear Sector. • Mainstreaming Gender issues and Vulnerability in the Nuclear Sector • Preparation and implementation of the Vulnerable and Marginalized Groups Framework (VMGF) Human Rights • Develop monitoring programmes to ensure application of human rights in the Nuclear Sector • Community user Guide for Environmental and Social Impact Assessment Promotion of Community Development Programmes Equitable Distribution and Allocation of Revenue and other Benefits from the Nuclear Sector • Integration of Nuclear Activities into the and National Security Master Plan • Development of policy and strategy for nuclear power programme Capacity building for ESIA experts /consultants, relevant NEMA staff and lead agencies' contact persons on Integrated Environmental and Social Assessment for the nuclear sector projects • Establishment of a Nuclear Unit at NEMA to handle all environmental matters for the nuclear sector projects • Lead Agencies Capacity Building and Inter-Agency Coordination including Streamlining Environmental Roles and Responsibility • Enhancing capacity for the Institution of Nuclear Science at local universities and TVET centres • Integrating Environmental Safety and Health and Disaster Management into National Education Curriculum, so as to become part of National Education System. This would aid in mitigating health and safety risks in the downstream nuclear sector. • Undertake Capacity Infrastructure Assessment needed for integration of the NPP such the grid capacity, Develop local content strategy and mainstream all local legal structures on local content with regard to infrastructural development Promotion of Institutional Transparency and Environmental Accountability • Develop clear mandate between ERC and KNRA on matters of Nuclear Activities regulation • Delineate the mandate of the nuclear regulatory and that of the NPP owner (NuPEA) Human Resource • Capacity Revenue and benefit • sharing Economic Crime and • Corruption Local livelihood and • Community Development • Public consultations, • Public Perception on Nuclear Power Programmes • Nuclear Power • Programme Implementation and Operational Costs Nuclear Safety • • • • • • Nuclear Power • Programme Security Concerns Guidelines for Public consultation and information disclosure Public Consultations and Stakeholder Engagement • Development of a National Communication Strategy for the Nuclear Sector and implementation of a Public Education Awareness Programme • Development of an environmental information management system for nuclear Sector • Development and implementation of a Public Participation and Consultation National Manual for Nuclear Power Sector Development and Enhancement of GoK security strategy/ master plan of the nuclear sector • Maintenance of counter-terrorism capabilities, nuclear anti-cybercrime capabilities, prevention strategies and operational responses to that pose threat to NPP Adopt Private Public Partnership approach Ratification of Conventions on nuclear safety and domestication of their provisions into the local legal structure; Development of nuclear legislative structures/ domestication of international legal structures' provisions on nuclear power development; Mainstreaming OSHA, 2007 to include the IEAE safety provisions and provisions of relevant conventions on nuclear activities to which Kenya is party; Public awareness creation by NuPEA on proposed NPP, its impacts and security and safety requirements; Coming up with National Nuclear Safety Guidelines Disaster Risk Reduction and Emergency Response Management Plans; Occupational and Community Health and Safety Issues 25th September, 2020 THE KENYA GAZETTE 3783 Issue Identified Health Impacts of • Nuclear Power Programmes Encroachment of the • Way Leave and buffer zones Activities1Recommendationslmitigation measures • Coming up with National Emergency Response Plan for the energy sector with specific plans for each sub-sector • Formulation of a comprehensive national legislation framework nuclear accidents, response, liability and compensation and agreements, memorandum of understanding for response between different parties that are consistent to the international and national provisions • Severe Weather Facility Shutdown and Emergency Response Plans Build capacity on Heritage Impact Assessment (HIA) and develop guidelines for undertaking HIA • Development of guidelines for Health Impact Assessment (HIA) and establish procedures for entrenchment in the ESIA process Establishment of a special department for wayleave acquisition, record keeping, monitoring and enforcement of wayleaves encroachment • There should be a clear set of guidelines and regulations provided with regards to safe distances/buffer zones for developing NPP facilities. • Formulation of policies to address clear safety buffer zones on various NPP infrastructure and operations Operationalization of the Nuclear Training Fund Undertake regular community health assessment of potential candidate areas Staff recruitment and training on NPP related health and safety issues Incorporation of Health and Safety courses into the academic curriculum in the Universities • Development of short courses on Nuclear related Occupational Health and Safety for training to the lead agencies Development of policy guidelines in the relevant codes of practice for OSH Auditing and OSH Performance Monitoring in the nuclear sector Review of the Nuclear Regulatory Act, 2019 to ensure its passing by parliament and presidential ascent; • Finalization and enactment of the process of development and enactment of the National Energy Policy, 2012 • Establishment of Nuclear Energy Regulator charge with independent mandate for Policy and legislation formulation • Delineation of development of National Nuclear Policy and Legal structures from the NPP owner (NuPEA) in order to ensure the independence of the regulator • Develop an environmental management and co-ordination regulation for nuclear sector • Harmonization of duplicated roles performed by NEMA, DOSHS, ERC, and Issue Identified Activities1Recommendationslmitigation measures KEBS in administering of EHS issues in the energy sector. Disconnect of the • Specialized departments in public hospitals Ministry of Health to deal with NPP related health issues with Services at the adequate relevant infrastructure. This County Level special department to be cascaded from the national referral hospitals to the county level '5' hospitals. The full report of the proposed project is available for inspection during working hours at: (a) Principal Secretary, Ministry of Environment and Forestry, NHIF Building, Community, P.O. Box 30126-00100, Nairobi. (b) Director-General, NEMA, Popo Road, off Mombasa Road, P.O. Box 67839-00200, Nairobi. (c) County Director of Environment, Nairobi City County. A copy of the report can be downloaded at www.nema.go.ke The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the decision making process regarding this plan. Comments can also be emailed to dgnema@nema.go.ke MAMO B. MAMO, Director-General, MR/1164616 National Environment Management Authority.