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

Argentina

Energy

Chamber of Deputies Bill No. 4536-D-2018 would promote and incentivize the use, construction, and installation of photovoltaic solar panels.

Waste

Senate Bill No. 2505/2018 would establish the E-Waste Treatment Program.

Buenos Aires City Law No. 5991 establishes rules for the Environmental Management of Discarded Batteries.

Brazil

Agriculture

Normative Instruction No. 39/2018 establishes new registration and advertisement rules for mineral fertilizers.

The Committee for Social Security and Family in the Chamber of Deputies approved a proposal (unification of bills No. 84492017 and No. 4916/2016) that would create rules for the registration and marketing of organic cosmetics. The Proposal now passes to the Committees for Environment and Sustainable Development; Finance and Taxation; and Constitution, Justice, and Citizenship for review.

Chemicals

Decree No. 9.470/2018 promulgating the Minamata Convention on Mercury.

At a meeting held at the Ministry of Environment, a working group made up of representatives from federal government bodies, civil society, and industry presented an initial draft regulation (not yet available to the public) on the use of hazardous substances in electrical and electronic products (EEE), referred to as the "Brazilian RoHS (Restriction of Hazardous Substances)."

The Committee for Economic Development, Industry, Commerce and Services in the Chamber of Deputies approved a bill (No. 8911/2017) that would phase out the use of mercury and its compounds in Brazil. The proposal now passes to the Committees for Social Security and Family; Environment and Sustainable Development; and Constitution, Justice, and Citizenship.

The Committee for Constitution, Justice, and Citizenship in the Chamber of Deputies approved a bill (No. 1075/11) that would provide for the controlled elimination of polychlorinated biphenyls (PCBs). The Bill now passes to the Senate for review, unless there is an appeal to vote in the general Chamber assembly.

Chile

Chemicals

Senate Draft Agreement No. 12031-10 would approve the Minamata Convention on Mercury.

Land Use

Chamber of Deputies Bill No. 11952-12 would modernize the Environmental Impact Assessment System.

Packaging & Labeling

Law No. 21.100 prohibits the provision of plastic bags by commercial establishments throughout Chile.

Colombia

Chemicals

Decree 1496/2018 adopts the Globally Harmonized System of Classification and Labeling of Chemical Products (GHS).

Climate Change

Law No. 1931/2018 establishes provisions for the management of climate change.

Resolution No. 40807/2018 adopts the Comprehensive Climate Change Management Plan for the Mining and Energy Sector (PIGCC).

Chamber of Deputies Bill No. 134/2017, which would impose restrictions on polluting emissions from mobile sources, was approved without modifications by the Chamber of Deputies in a second-round congressional debate.

Guide for the Preparation of Inventories of Atmospheric Emissions was published by the Ministry of Environment and Sustainable Development.

Mining

In accordance with Law No. 1658/2013, the ban on the use of mercury in gold mining goes into effect.

Resolution No. 40796 establishes the Human Rights Policy of the Mining and Energy Sector.

Oil & Gas

Senate Bill No. 58/2018 would prohibit the use of hydraulic fracturing or “fracking” for the exploration and exploitation of hydrocarbons in unconventional deposits.

Senate Bill No. 071/2018 would prohibit the exploration and exploitation of unconventional deposits of hydrocarbons in Colombia as a measure to protect human health and the environment, as well as to prevent socio-environmental conflicts associated with these activities.

A Draft Resolution would establish requirements for the operation of service stations, supply plants, facilities of large consumers with fixed installations, and stationary tanks in facilities of the final consumer, which store crude and /or liquid fuels and mixtures with biofuels, except for liquefied petroleum gas.

Packaging & Labeling

Resolution No. 1407/2018 establishes rules for the Environmental management of paper, cardboard, plastic, glass, and metal container and packaging waste.

Public Procurement

A "Virtual Tool for Sustainable Public Procurement (CPS)" was launched by the Ministry of Commerce, Industry and Tourism to promote efficient use of natural resources, and minimize the environmental impact of products and services throughout their lifecycle within the public sector.

Risk Management

Resolution No. 1486/2018 establishes the format for reporting environmental contingencies associated with projects, works, or activities not subject to environmental licensing.

Sustainable Environment

Chamber of Deputies Bill No. 058/2018 would strengthen the National Environmental System (SINA), made up of federal, regional, and municipal environmental authorities.

Waste

A Draft Resolution would establish the terms of reference for the preparation of Environmental Impact Assessments (EIA) required in the environmental licensing process of projects for the construction and operation of facilities dedicated to the storage, treatment, and use (recovery/recycling) of waste electrical and electronic equipment (WEEE).

Chamber of Deputies Bill No. 006/2018 would establish the safe final disposal of used lubricating and industrial oils, and prohibit their combustion, or partial or total reuse without treatment.

A Draft Decree would introduce provisions to Decree No.1076/2015, Single Regulatory Decree of the Environment and Sustainable Development Sector, on the disposal of liquid waste from third parties.

Water

Senate Bill No. 057/2018 would establish the minimum amount of potable water guaranteed to the population.

Costa Rica

Packaging & Labeling

Directive No. 014-MINAE calls for the Ministry of Economy, Industry, and Commerce and the Ministry of Health to develop, within eight months, technical regulations to require the RCM classification (renewable, compostable, compostable in the marine environment) in the labeling and identification of all single-use plastic products.

Mexico

Climate Change

Draft standard PROY-NADF-009-AIRE-2017 would establish the requirements to prepare the Air Quality Index in Mexico City.

Consumer Protection

A Senate bill would eliminate the Federal Consumer Protection Law and the Office of the Federal Prosecutor for the Consumer (PROFECO).

Energy Efficiency

Energy efficiency technical standard NOM-023-ENER-2018 finalized for split type air conditioners.

Health & Safety

Guidelines to obtain the Agricultural Company Free of Child Labor Distinction were finalized.

Guidelines to obtain the Free of Child Labor Mexican Distinction were finalized.

Oil & Gas

Technical standard NOM-006-ASEA-2017 establishes specifications and technical criteria for the design, construction, pre-operation, operation, maintenance, closure and dismantling of onshore storage facilities for oil and petroleum products, except for liquefied petroleum gas.

Guidelines were finalized for the minimum requirement of insurance that must be obtained by regulated entities that carry out activities of hydrocarbon or petroleum product transport, storage, distribution, compression, decompression, liquefaction, regasification or sale to the public.

An Agreement modifies, adds and repeals various articles of the Guidelines for the establishment, implementation, and authorization of Management Systems, applicable to the sale of natural gas to the public, and the distribution and sale of liquefied petroleum gas and petroleum products to the public.

Modifications were made to the General Contracting Provisions for Petróleos Mexicanos (PEMEX, Mexico’s state-owned petroleum company) and its Subsidiary Productive Companies.

Draft technical standard PROY-NOM-211-SCFI/ASEA-2017 would establish specifications and test methods for non-removable containers of liquefied petroleum gas. Draft technical standard, PROY-NOM-213-SCFI-2017, would establish specifications and test methods for removable containers of liquefied petroleum gas.

Peru

Chemicals

Ministerial Resolution No. 683-2018/MINSA, Draft Technical Regulation for the Sanitary and Environmental Management of Polychlorinated Biphenyls (PCBs) was published.

Health & Safety

Ministerial Resolution No.718-2018/MINSA, Draft Technical Document for the Sectoral Policy Guidelines for the Comprehensive Care of Persons Exposed to Heavy Metals and Other Chemical Substances was published.

Packaging & Labeling

Unicameral Congress Bill No. 03214/2018-CR would prohibit the free distribution of bags, straws, cups, dishes, cutlery, and other plastic ware.

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.