The National Petroleum, Natural Gas and Biofuels Agency (ANP) ordered the total closure of Refit, the former Manguinhos Refinery, in the north of Rio de Janeiro. In a note, the ANP informed that “the closure of the facilities, as a result of a new inspection action, was carried out with the aim of protecting human life and the environment, with a view to verifying a serious and imminent risk situation, which could lead to accidents due to failures involving process safety”.
The ANP also clarified that the inspection action, which began on January 14th, culminated in the decision to completely prohibit the installations and is aimed at operational safety. He added that the work “is being conducted by the agency’s specialized technical areas, in the regular exercise of their legal powers and in strict accordance with due legal process.”
The regulatory agency said that, “in the case of the Manguinhos Refinery, substantial flaws were identified in several safety barriers, including: fire fighting system, lack of risk analysis studies, deficiencies in emergency management, gas detection system, fire detection system and other critical operational safety elements. These deficiencies put the environment and the surrounding population at risk.”
The note clarifies that the inspection procedures relating to Refit have been conducted by ANP career civil servants, certified professionals, with specialized technical training and extensive experience, who act with autonomy, impartiality and functional independence, without any political or economic interference.
“The ANP’s collegial board did not participate in the field inspection or in the decisions that culminated in the precautionary ban, which were carried out by the agency’s inspectors and superintendents. The board would only be responsible for reevaluating the decisions taken by the technicians in a possible administrative appeal.”
The ANP is a special federal agency, legally endowed with administrative, financial and decision-making autonomy, precisely to guarantee the independence of its regulatory actions, respect for due legal process and the duty to ensure operational safety and environmental protection.
The interdiction applied arises from the regular exercise of the agency’s administrative police power and its sole objective is to prevent risks and ensure compliance with safety standards, being a measure provided for in sectoral legislation whenever relevant non-conformities are found.
The ANP reiterates its commitment to full compliance with court decisions – without prejudice to the right to question them through appropriate means – and to the responsible exercise of its regulatory duties, always in compliance with the principles of legality and legal certainty.
Clarification
The agency also clarifies that the allegation that it disrespected court decisions is not valid.
The preliminary decision, handed down by federal judge Newton Pereira Ramos Neto, exclusively determined the suspension of a deliberation by the collegiate board, held on December 18th.
Refit will appeal the decision.
