Latin American Environmental Regulatory Tracker - October 2018

by Beveridge & Diamond PC
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This month’s tracker reflects key initiatives from August 16 – September 15, 2018.

ARGENTINA

ENERGY EFFICIENCY

  • Chamber of Deputies Bill No. 5438-D-2018 would create the Program Promoting the Production and Sale of Energy Efficient Household Electrical Appliances (RENOVATE). 

OIL& GAS

  • Chamber of Deputies Bill No. 4960-D-2018 would establish minimum environmental protection measures for exploration and exploitation projects in unconventional hydrocarbon reservoirs.

PACKAGING & LABELING

  • Chamber of Deputies Bill No. 5443-D-2018 would create the "Socially Responsible Production Label."
  • Chamber of Deputies Bill No. 5539-D-2018 would establish a program for the progressive substitution of disposable, conventional plastic products.
  • Resolution No. 3/2018 establishes quality and safety requirements for aluminum flexible tubes used for the packaging of products sold in Argentina.

WASTE

  • Senate Bill No. 2965/18 would establish the National Strategy for the Reduction, Reuse, and Recycling of Household Waste.
  • Buenos Aires City Bill No. 2711-2018 would establish legal provisions for the environmental management of expired household medicines.
  • Chamber of Deputies Bill No. 5390-D-2018 would establish legal provisions preventing programed obsolescence of electrical and/or electronic products.
  • Chamber of Deputies Bill No. 5563-D-2018 would establish legal provisions for the management of electrical and electronic equipment waste.

BRAZIL

BIODIVERSITY

CHEMICALS

  • Decree No. 9.493 regulates the inspection of chemicals controlled by the Army.

ENERGY EFFICIENCY

PACKAGING & LABELING

  • Senate Bill No. 382/2018 would prohibit the production, import, export, sale, and distribution of plastic bags.

SUSTAINABLE DEVELOPMENT

  • Ministry of Environment announces strategy to reach Sustainable Development Goals under the United Nations 2030 Agenda for Sustainable Development (Ordinance No. 333/2018).

CHILE

AGRICULTURE

  • Resolution No. 5.391/2018 establishes provisions for declaring the physicochemical composition of fertilizers that are marketed and distributed in Chile and repeals Resolution No. 5.306/2016.

CHEMICALS

  • Chamber of Deputies approves a bill (No. 11.919) that would implement two conventions that ban chemical and biological weapons, both of which were ratified by Chile more than twenty years ago.
  • Chile has transmitted its updated national plan for implementing the Stockholm Convention on Persistent Organic Pollutants to the Conference of the Parties (COP), reflecting amendments made at COP-7.

ENERGY

  • Chamber of Deputies Bill No. 12079-12 would modify the General Bases of the Environment Law (No. 19.300) to submit certain power generation plants to the Environmental Impact Evaluation System.

ENERGY EFFICIENCY

  • Senate Bill No. 12058-08 would instruct the Ministry of Energy to prepare a National Energy Efficiency Plan every five years and would aim to reduce energy consumption amongst large consumers and in the housing and public sectors, and promote the use electric vehicles.

RESTRICTED SUBSTANCES

WASTE

  • Fifteen tire import companies and the Agency for Sustainability and Climate Change signed a Clean Production Agreement with the aim of developing a collective tire waste management system and opening new markets for associated byproducts.
  • Thirty private sector companies, represented by ACCIÓN Empresas, and the Agency for Sustainability and Climate Change and the Recycling Industry National Association signed a Clean Production Agreement to reduce their waste to zero.

COLOMBIA

LAND MANAGEMENT

  • Chamber of Deputies Bill No. 056/18 would establish mechanisms for managing environmental liabilities in Colombia.

OIL & GAS

  • Senate Bill No. 115/18 would declare a moratorium on hydraulic fracturing activities for the exploration and exploitation of hydrocarbons located in unconventional reservoirs.

PACKAGING & LABELING

  • Chamber of Deputies Bill No. 123/18 would regulate the manufacture, sale, and distribution of single-use plastics used for the consumption of food and drinks.

RESTRICTED SUBSTANCES

  • Senate Bill No. 102/18 would set lead limits in products sold in Colombia.

COSTA RICA

WASTE

  • Legislative Assembly Bill No. 20.985 would establish legal provisions for reducing and preventing plastic and solid waste pollution.

MEXICO

HEALTH & SAFETY

  • Voluntary technical standard NMX-EC-17067-IMNC-2018 provides guidelines for understanding, developing, operating, and maintaining certification schemes for products, processes, and services.
  • Technical standard NOM-027-ENER / SCFI-2018 establishes thermal performance and gas savings specifications, test methods, and safety and labeling requirements for household and commercial solar water heaters that use liquefied petroleum gas or natural gas as fuel.
  • Technical standard NOM-201-SCFI-2017 establishes the minimum safety requirements, test methods, and conformity evaluation procedures for portable cooking devices that use liquefied petroleum gas or other petroleum products as fuel.
  • Technical standard NOM-221-SCFI-2017 establishes specifications for mobile terminal equipment that can be connected to the radio spectrum or telecommunications networks.

LAND MANAGEMENT

  • Draft Technical Standard PROY-NMX-SAA-14055-1-IMNC-2018 would provide guidelines for the establishment of good practices in land management to prevent or minimize land degradation and desertification.

OIL & GAS

  • An agreement repeals various provisions of the Guidelines for industrial and operational safety, and environmental protection for the onshore transport of oil, petrochemicals, and other petroleum products via pipelines.
  • Technical standard NOM-185-SCFI-2017 establishes the specifications, test and verification methods, and conformity assessment procedures for computer programs and electronic systems that control the operation of systems for the measurement and dispatch of gasoline and other liquid fuels.

PACKAGING & LABELING

  • A senate bill would require the packaging and labels of products to identify potential risks to the environment stemming from the products' use as well as measures to be carried out to ensure comprehensive management of their waste.

PERU

HEALTH & SAFETY

OIL & GAS

  • Ministerial Resolution No. 307-2018-MEM/DM would establish draft Terms of Reference for the preparation of Abandonment Plans in the Hydrocarbons Sector.
  • Ministerial Resolution No. 337-2018-MEM/DM would establish draft provisions for the application of Environmental Quality Standards for soil and Management Criteria for Contaminated Sites, applicable to electric power generation and hydrocarbon activities.
  • Ministerial Resolution No. 346-2018-MEM/DM would establish draft guidelines for the development of Environmental Management and Abandonment Plans for hydrocarbon activities without environmental certification, and corresponding Statement of Motives.
  • Supreme Decree No. 023-2018-EM modifies the Regulation for Environmental Protection in Hydrocarbon Activities (Supreme Decree No. 039-2014-EM) to promote responsible investment in and ensure sustainable development of the Hydrocarbons Sector.

PACKAGING & LABELING

  • Unicameral Congress Bill No. 03278/2018-CR would replace the use of plastic bags in commercial establishments with biodegradable substitutes.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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