NMDPRA Targets ‘Proper Filling Station Abandonment’ In Safety Regulations

The Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) is intensifying efforts to regulate the abandonment of filling stations under its environmental safety regulations to prevent contamination and environmental hazards.

As part of this process, the Authority began a Stakeholders’ Consultation Forum on the Proposed Midstream and Downstream Petroleum Safety and Environmental Regulations 2025, focusing on improving environmental safety standards.

NMDPRA secretary and legal adviser Dr. Joseph Tolorunse, who announced this at the Abuja forum on Tuesday, said retail filling station owners had raised objections to the inclusion of filling station abandonment and decommissioning in the new regulations.

Speaking on the sidelines of the forum, Tolorunse said some of the stakeholders had urged the Authority to limit the regulation to the midstream instead of extending it to the downstream facilities.

The NMDPRA is, however, insisting that a proper method should be developed for abandoning filling stations so that they do not contaminate underground water.

His words: “Some of them feel that, in the consolidated and abandonment regulations, some of them think that, look, we should limit it to midstream facilities. We should not extend it to the downstream facilities.”

“If we are going to abandon the filling station, there should be a way you abandon it properly, so there’s no groundwater contamination. So, in those areas, we will know how to treat the law, to take care of all those areas of concern.”

He recalled that in 2023, the Authority made three regulations: The regulations are Borders of Safety Regulations, the Abandonment and Decommissioning Regulations, and Environmental Regulations.

According to him, the Authority has decided to consolidate the three regulations into one single regulation in line with international best practices.

The Legal Adviser said the essence of the consolidation is “so that it will be easy to refer to, so that it will also be easy to do business.”

He said it was also an opportunity for the NMDPRA to amend some parts of those regulations that were made in 2023.

He said the engagement presented a chance to receive comments and suggestions from which the three regulations are consolidated into one.

Tolorunse said the NMDPRA was taking cues from other countries like Norway, which have just one or two regulations.

He said the fact that the Authority was amending its regulations to suit those of other jurisdictions show that it is regulating itself.

“So, we also use it as an opportunity to review it. So, in reviewing it, we have consolidated the three regulations into one. Basically, if you recall, we had consolidated about ten regulations before into one.

“You know, so that we don’t have replete of regulations in the industry. In some jurisdictions, like Norway, we found out that they only have one or two regulations that regulate their upstream activity.

“So, it is also to tell you, we are trying to move into an era of self-regulation,” he said.

In his opening remarks, the NMDPRA Chief Executive, Engr. Farouk Ahmed  said the event was held in furtherance of Section 216 of the Petroleum Industry Act 2021 (PIA) which mandates consultation with stakeholders prior to the finalisation of Regulations made under the Act.

Engr. Ahmed, who was represented by the executive director of Distribution Systems, Storage, and Retailing Infrastructure, Ogbugo Ukoha, noted that Section 33 of the PIA states that the Authority may make regulations for all activities relating to midstream and downstream petroleum operations in Nigeria.

He said accordingly, the proposed 2025 Midstream and Downstream Petroleum Safety and Environmental Regulations (Safety and Environmental Regulations) consolidates three of the Authority’s earlier published regulations into a single document.

The consolidation process, he said, had enabled the Authority to reduce the complexities of navigating and implementing the Authority’s numerous regulations.

He also said it had streamlined all activities concerning health, safety, and environmental operations, including decommissioning and abandonment in the midstream and downstream petroleum industry.

Ahmed noted that the consolidation is to eliminate inconsistencies and repetitions across multiple Regulations, and to engender further compliance with the PIA and Regulations made thereto.

The ACE said the regulations are to be read in conjunction with other rules made by the Authority, including the Midstream and Downstream Petroleum Fees Regulations, 2024, which provide for the prescribed fees for midstream and downstream petroleum activities.