Latin American Environmental Regulatory Tracker

Our monthly Latin American Environmental Regulatory Tracker lists pending and recently enacted environmental laws and regulations in several Latin American countries. The April 2018 issue covers developments from February 16 to March 15.

Regional

Environmental Justice

Latin America and the Caribbean adopts its first binding regional agreement to protect rights of access in environmental matters.

Waste

The regional cooperation project on electronic waste management is inaugurated in Latin American countries.

Argentina

Climate Change

Chamber of Deputies Bill No. 0371-D-2018 establishes strategies and instruments for the adaptation to global climate change and the mitigation of greenhouse gases.

Energy

Chamber of Deputies Bill No. 0455-D-2018 establishes tax exemptions for the import of inputs used for the production of wind and solar energy infrastructure.

Chamber of Deputies Bill No. 0455-D-2018 establishes tax exemptions for the import of inputs used for the production of wind and solar energy infrastructure.

Land Management

Chamber of Deputies Bill No. 0071-D-2018 establishes minimum environmental protection measures for Environmental Impact Assessments (EIA).

Mining

Chamber of Deputies Bill No. 0469-D-2018 establishes minimum environmental protection measures for mining activities.

Oil & Gas

Senate Bill No. 174/18 eliminates the exploitation of hydrocarbons through hydraulic fracturing techniques and offshore hydrocarbons.

Waste

Senate Bill No. 356/18 establishes minimum environmental protection measures for the management of packaging wastes.

Senate Bill No. 298/18 creates a zero trash program.

Water

Senate Bill No. 355/18 declares access to potable water a human right.

Brazil

Chemicals

Brazilian Institute of the Environment & Renewable Natural Resources (IBAMA), Normative Instruction No. 5/2018, regulates the environmental control of potentially polluting activities related to substances subject to control and elimination according to the Montreal Protocol.

Brazilian Institute of the Environment & Renewable Natural Resources (IBAMA), Normative Instruction No. 4/2018, regulates the control of imports of Hydrochlorofluorocarbons (HCFCs) and mixtures containing HCFCs in accordance with Decision XIX / 6 of the Montreal Protocol.

Enforcement

Brazilian Institute of the Environment & Renewable Natural Resources (IBAMA), Normative Instruction No. 6/2018, regulates the necessary procedures for the conversion of fines to services of preservation, improvement, and recovery of the environment.

Forestry

Brazilian Supreme Court declares most of the provisions from the Brazilian Forest Code (Law No. 12.651/2012) constitutional.

Oil & Gas

Brazilian Institute of the Environment & Renewable Natural Resources (IBAMA), Normative Instruction No. 8/2018, pushes back the effective date of IBAMA Normative Instruction No. 1/2018, which establishes guidelines for the environmental conditions of use and disposal of fluids, gravel, and cement pastes in well drilling and oil and gas production, to June 30, 2018.

Packaging & Labeling

Senate Bill No. 92/2018 provides for the mandatory use of biodegradable materials in the composition of disposable utensils intended for the packaging and handling of ready-to-eat foods.

São Paulo Bill No. 118/2018 requires State commercial establishments to use straws made from biodegradable or similar materials.

Waste

Chamber of Deputies Bill No. 9791/2018 amends national legislation to promote the reduction of solid waste generation, especially on Brazilian beaches.

Senate Bill No. 93/2018 mandates reverse logistics systems and materials recycling for manufactured products.

Senate Bill No. 90/2018 requires solid waste management plans to include information on recyclable solid waste provided to collectors.

Chile

Energy

Resolution No. 22.334/2018 reduces the minimum size requirements of certification marking on cellular chargers.

Oil & Gas

Bill No. 11.626/08 modifies national legislation to more specifically regulate hydraulic fracturing through added definitions and environmental impact assessment requirements

Water

Water Resources Committee in Chamber of Deputies approves the disposal of treated wastewater for use in irrigation and mining operations.

Colombia

Biodiversity

Resolution No. 0256/2018 was passed along with the accompanying Manual of Environmental Compensation for Biotic Components (flora, fauna, vegetation cover, and general landscape).

Climate Change

Colombia initiates the development of its National Electric Mobility Strategy.

Health & Safety

Resolution No. 686/2018 establishes technical specifications for toys and their accessories that are manufactured, imported, and sold in Colombia.

Oil & Gas

Resolution No. 40184/2018 sets a required biofuel mixture percentage.

Resolution No. 40185/2018 sets a required alcohol fuel mixture percentage.

Waste

Resolution No. 0316/2018 establishes provisions for the management of used cooking oils.

Water

Draft Decree regulating Law No. 373/1997 on the Efficient Use and Water Savings Program (PUEAA) was released

Costa Rica

Agriculture

Draft Regulation for the Import, Export, and Sale of Seeds was released.

Biodiversity

Costa Rica presents the First Official Report on the State of the Environment.

Mexico

Air

NOM-044-SEMARNAT-2017 establishes maximum permissible limits for the emission of certain pollutants from new diesel fuel engines intended for use in heavy vehicles and heavy vehicles that use such engines.

NOM-045-SEMARNAT-2017 establishes maximum permissible limits of opacity, testing procedures, and technical characteristics of measuring equipment.

PROY-NOM-022-SSA1-2017 establishes criteria to evaluate ambient air quality with respect to sulfur dioxide (SO2).

Corporate Responsibility

A Senate bill promotes the implementation of environmental management systems and programs related to sustainability in companies of any kind within Mexico.

Energy

Mexico officially joins the International Energy Agency as the 30th member country.

NOM-028-ENER-2017 sets energy efficiency limits and test methods for general use lamps.

Chamber of Deputies bill amends the General Law of Ecological Equilibrium and Environmental Protection, in terms of light pollution.

Land Management

Chamber of Deputies bill amends the General Law of Ecological Equilibrium and Environmental Protection, in terms of environmental impact assessments.

Oil & Gas

NOM-004-ASEA-2017 establishes specifications for the operation of Gasoline Vapor Recovery Systems used for the control of emissions from public gasoline service stations.

NOM-007-ASEA-2016 establishes specifications for the transport of natural gas, ethane, and gas associated with mineral coal through pipelines.

A draft Notice extends the validity of NOM-EM-005-ASEA-2017, which establishes that criteria for classifying special management wastes in the Hydrocarbons Sector and determines which are subject to management plans, six months until May 2, 2018.

Chamber of Deputies bill amends various provisions of the Law of the National Agency for Industrial Safety and Environmental Protection of the Hydrocarbons Sector.

Packaging & Labeling

NOM-144-SEMARNAT-2017 establishes phytosanitary measures and internationally recognized trademark requirements for wooden packaging used in the international trade of goods and merchandise.

PROY-NOM-189-SSA1 / SCFI-2016 establishes a specification for packaging and labeling household cleaning products.

Restricted Substances

Chamber of Deputies bill amends the General Law of Ecological Equilibrium and Environmental Protection to prohibit the application of lead paint in certain use circumstances.

Waste

Chamber of Deputies bill amends the General Law for the Prevention and Integrated Management of Wastes to introduce as a principle and for purpose of the public utility, the use of urban solid waste for the generation of electric power.

Chamber of Deputies bill regulates the import and sale of dry cell batteries.

Water

Draft modifications to PROY-NOM-008-CONAGUA-2017 establish specifications and test methods for showers used for body cleaning.

Peru

Climate Change

Unicameral Congress approves Draft Framework Law on Climate Change.

As part of our International Environmental Law practice group, Beveridge & Diamond's Latin America practice group helps multinational clients navigate dynamic and unprecedented change in Latin American environmental law. We counsel clients from various industrial sectors on a wide range of issues arising under the domestic environmental regulations of most Latin American countries with an emphasis in Argentina, Brazil, Chile, Colombia, Costa Rica, Ecuador, Mexico, and Peru. For more information, please contact the authors.