By Adeniyi Adeoloye
In the last week of 2024, the Nigerian Upstream Petroleum Regulatory Commission (NUPRC) issued its Upstream Petroleum Decarbonisation Template (UPDT), under its decarbonisation and energy sustainability policy for the country’s upstream oil and gas operations.
The UPDT is one of the seven (7) pillars of the “Regulatory Framework for Energy Transition, Decarbonisation, and Carbon Monetisation in the Nigerian Upstream Oil and Gas Sector” that was published in 2023 with the intention of providing guidance to the industry in order “to enable sustained (and improved) competitiveness in global energy markets”, the regulator explains.
The goal of the Template is “to strengthen the Decarbonisation and Sustainability Agenda of Nigeria’s Upstream Oil & Gas operations to enhance its global competitiveness and foster investment attractiveness of the sector, amidst global energy transition imperatives”. This objective runs with the reality of key issues in the current global energy landscape.
But then, it looks like the NUPRC sets out to wield the UPDT as a regulatory hammer, as it stated that the “Template will become a mandatory component of applications for licences, permits, and approvals across upstream activities, commencing in January 2025”.
The regulator will mandate operators to incorporate decarbonisation plans/strategies into their “upstream operations including Field Development Plans (FDPs), wells, drilling & rig operations, and project/facility engineering”. Companies would also be required to set up “measurable and time-bound greenhouse gas reduction goals” that aligns with national climate targets of reaching Net Zero by 2060: a key objective of implementing the UPDT.
The specific commencement date in January 2025 is not mentioned, but being the very first month of the year gives the sense that the regulator is looking to pell-mell this through, despite its announcement that it plans to organize an industry wide decarbonisation workshop aimed at providing support as well as offering capacity building initiatives within first quarter of 2025.
There are several other must- haves in the policy document. One is the requirement of “licensees and lessees to reduce greenhouse gas emissions, adopt low-carbon technologies, implement energy efficiency measures”, as well as obligating companies to “implement methane management programmes such as leak detection and repair, optimise operations using energy-efficient technologies, and integrate renewable energy sources into their projects and operations”. The template also demands of operators to integrate “the development of carbon management and monetisation initiatives, including Carbon Capture and Storage (CCS), nature-based solutions, carbon offset projects, etc” in their operations.
Compliance of the UPDT is to run alongside the “Gas Flaring, Venting and Methane Emissions (Prevention of Waste and Pollution)” regulation released in 2023. A look at the gas flaring regulation shows it leans more on mitigating gas flaring (this sure mitigates emissions) and less on fugitive methane emissions tracking (that is, emissions that are unintentional and uncontrolled that are released from parts of infrastructure like connections on valves, pipes etc. into the environment) even though it is part of the emission to be abated. Is fugitive emission outside the scope of this template?
This policy raises many more questions.
First, for a country looking to increase production, will mandating decarbonisation strategy as part of Field development Plan (FDP) requirement not slow things down and impede the time of getting such planned barrels to the market?
Secondly, do operators currently measure their emissions, if no, do they have the capacity and economic incentive to do so?
Thirdly, are there incentives in Nigeria to spur development of carbon management initiatives like Carbon capture and storage (CCS), especially in terms of the framework vis-à-vis: tenure structure, right to pore spaces, liability management, to build Hub CCS projects (where a developer owns the infrastructure and operators pay a fee to use it to sequester their emission), or integrated CCS project (where the operator owns the infrastructure and uses it for its own sequestration), In Europe and North America, there are large financial outlays for investments available to project developers for thse y types of initiatives
Lastly, is there need for the amendment of the Petroleum Industry Act 2021 to accommodate pore space exploration for carbon sequestration licensing? There are sure many other questions to be asked.
This issue brings to mind Bill C-59 (The Fall Economic Statement Implementation Act 2023), an omnibus legislation by Canadian parliament which came into force in June 2024 that introduced considerable changes to the “Competition Act”: a part of the legislative piece, aimed at tackling greenwashing. By demanding that companies show empirical evidence for their emissions reduction undertaking and not just mentioning the numbers in their report. There has been heated debate on this issue, with many providing opinion pieces on the intended and unintended consequences of such requirement. Key takeaway from this is the difficulty in proving some of these things despite the companies having better access to capital, ambitious emissions reduction goals, and strategy.
Given the difficulties that companies face in Nigeria, NUPRC’s decision to mandate decarbonisation strategy as a requirement for approval of, say, FDP, in my view, bears the risk of becoming another checklist to be ticked, especially for Indigenous operators, and might not be followed through in implementation.
While the regulator contends the policy is not designed to institute regulatory barrier, but to improve environmental credentials of the upstream industry, draw in investments in sustainable energy, and guarantee compliance with global Environmental Social Governance (ESG) best practice, it is imperative to note that although carbon management drive is vital for building in-country capacity, and reducing emissions, the approach to it must be robust to avoid it turning to just another checkbox for operators to mark off.
Adeniyi Adeoloye, a petroleum geoscientist based in Calgary, is in a postgraduate course on Energy Management at the University of Calgary. An editorial associate of Africa Oil+Gas Report, Adeoloye writes from time to time for this platform and can be reached at adeniyi@africaoilgasreport.com.