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

Argentina

Biodiversity

The Secretariat of Environment and Sustainable Development published the 2017 State of the Environment Report.

Energy

Chamber of Deputies Bill No. 6746-D-2018 would create a Home Energy Efficiency Program to promote the acquisition of energy efficient domestic products and use of energy efficient home construction materials.

Enforcement

Resolution 41/2018 creates the Specialized Body of Inspection and Environmental Control (CEFCA), which has the authority to order the cessation of activities, make preventative closures, seize machinery, and take other actions that promote environmental protection.

Health & Safety

Chamber of Deputies Bill No. 6691-D-2018 would establish minimum standards aimed at reducing the risk of serious accidents involving the use or storage of hazardous substances.

Waste

Senate Bill No. 4168/18 would establish legal provisions for the management of used batteries.

Senate Bill No. 4015/18 would establish minimum provisions for the integrated management of urban solid waste.

Brazil

Agriculture

The Committee for Constitution, Justice, and Citizenship in the Chamber of Deputies approved a bill (No. 9044/17) that would impose restrictions on the import of milk from countries that do not have environmental protection standards similar to Brazil's.

Air

The National Environment Council (CONAMA) approved a resolution that establishes requirements for new heavy vehicles through the Air Pollution Control Program for Automotive Vehicles (PROCONVE) and another focused on air quality standards (revision of CONAMA Resolution No. 03/1990).

Biodiversity

The Genetic Heritage Council (CGen) published Resolutions No. 15, 16, 17, and 18 clarifying the deadlines and required documents for registering in the National Genetic Heritage and Traditional Knowledge System (SisGen).

Chemicals

The Ministry of the Environment published a draft bill to establish a general regulatory scheme for chemical substances. The Bill, captioned “On the Inventory, Evaluation, and Control of Chemical Substances,” is the revision of a draft posted for public comment in June 2016.

Climate Change

The Environment and Sustainable Development Committee in the Chamber of Deputies approved a proposal containing ideas from various bills, including No. 3280/2015, that would modify the National Policy on Climate Change (Law No. 12.187/09) to turn Brazil’s voluntary greenhouse gas emission reduction targets under the Paris Climate Agreement into mandatory requirements. The proposal now passes to the Committee for Constitution, Justice, and Citizenship for review.

Enforcement

The Brazilian Superior Court of Justice (STJ) approved a new binding precedent, No. 618, that states, “The reversal of the burden of proof applies to actions of environmental degradation.” This reverse standard of proof is a developing trend in Latin America.

Land Management

The Ministry of the Environment has published Ordinance No. 391/2018 that implements the National Environmental Licensing Portal (PNLA), which receives information on environmental licensing from environmental licensing agencies.

The Environment and Sustainable Development Committee in the Chamber of Deputies approved a bill (No. 404/2014) that would give states authority to suspend or prevent environmental licensing projects that pose environmental risks in their regional territories. The proposal now passes to the Committee for Constitution, Justice, and Citizenship for review.

Oil & Gas

The Environment and Sustainable Development Committee in the Chamber of Deputies approved a substitute proposal to Bill No. 5811/16 that would require oil and natural gas exploration companies to invest in renewable energy research. The proposal now passes to the Committees on Mines and Energy; and Constitution, Justice, and Citizenship for review.

Resolution No. 16/2018 provides for the evolution of the mandatory addition of biodiesel to diesel oil sold to the final consumer throughout Brazil.

Product Take-Back

Rio Janeiro State Law No. 8151/2018 establishes a Reverse Logistics System for Packaging Waste.

The Ministry of Environment published a used/expired medicine take-back Draft Decree, open for public comment until December 19, 2018.

Waste

São Paulo State Legislative Assembly Bill No. 631/2018 would prohibit the provision of plastic straws in commercial establishments.

Chile

Chemicals

The Council of Ministers for Sustainability approved the proposed Regulation for the Classification, Labeling, and Notification of Hazardous Substances and Mixtures, which seeks to standardize the classification of hazards and labeling of chemical products, putting Chile in line with the standards of the United Nations and the OECD.

Health & Safety

The Environment and Natural Resources Committee in the Chamber of Deputies approved a bill (No. 10268) that would modify the General Bases of the Environment Law (No. 19.300) to expressly recognize odor as a polluting agent.

Resolution No. 2.580 approves the "Instrument for Preventive Management of Psychosocial Risk in the Workplace," prepared by the Department of Occupational Health of the Institute of Public Health.

Restricted Substances

Decree No. 269/2018 promulgates the Minamata Convention on Mercury.

Waste

The Ministry of Environment announced the development of a series of standards that would regulate odors in Chile, focusing on pig farms, seafood processing industries, sewage treatment plants, sanitary landfills, and cellulose manufacturing plants. Resolution No. 1.081 kicked off this process with the regulation of odors from pig farms.

Colombia

Mining

Modifications have been proposed to a Senate bill (No. 38/2018) that would require an environmental license for the exploration stage of mining, to be discussed in a first-round debate.

Oil & Gas

The Ministry of Mines and Energy has published a draft resolution that would establish technical guidelines for the temporary suspension and abandonment of wells drilled during hydrocarbon exploration and exploitation activities.

Restricted Substances

The Ministry of Environment published the Environment Sector Action Plan to Eliminate Mercury by 2023.

Costa Rica

Environmental Rights

Legislative Assembly Bill No. 21028 would modify the Criminal Procedure Code (Law No. 7594/1996) to strengthen the right of every person to request the repair of damage done to the environment.

Oil & Gas

Legislative Assembly Bill No. 21104 would, as of the year 2030, prohibit the import of vehicles that use hydrocarbons as fuel.

Packaging & Labeling

Legislative Assembly Bill No. 21027 would modify the Law for the Integrated Management of Wastes (No. 8839/2010) to prohibit the provision of disposable plastic bags in commercial establishments.

Ecuador

Packaging & Labeling

A bill has been proposed in the Legislative Assembly that would establish the Organic Law for the Sustainable Use, Recycling, and Responsible Disposal of Containers and Packaging.

Mexico

Air

Mexico City draft technical standard PROY-NADF-011-AMBT-2018 would establish the criteria for reducing volatile organic compound emissions from fixed sources.

Mexico City technical standard NADF-009-AIRE-2017 establishes the requirements to prepare the Air Quality Index in Mexico City.

Consumer Protection

The Secretariat of Economy has published a draft voluntary technical standard, PROY-NMX-COE-001-SCFI-2018, that would establish guidelines for entities that offer or sell products or services through electronic means.

Energy

The Secretariat of Energy has published provisions establishing criteria to determine when a user has a pattern of high energy consumption and the manner and periodicity in which users, Federal Public Administration entities, and productive State enterprises must submit information to the Energy Transition Information System, established in the Energy Transition Law.

Health & Safety

Technical Standard NOM-035-STPS-2018 establishes the elements to identify, analyze, and prevent psychosocial risk factors in the workplace.

Land Management

A Mexico City Decree amends, adds, and repeals various provisions of the Regulation of Environmental Impact and Risk.

Oil & Gas

The National Agency for Industrial Safety and Environmental Protection in the Hydrocarbons Sector (ASEA) has published Guidelines for the prevention and integrated control of methane emissions from the Hydrocarbons Sector.

Peru

Green Growth

The Ministry of Environment has launched a new website that lists those Peruvian companies that do not use plastic in their production processes or product packaging.

Land Management

The Ministry of Environment published the draft “Guide for the Development of the Baseline within the Framework of the National Environmental Impact Assessment System—SEIA” and the draft “Guide for the Identification and Characterization of Environmental Impacts” via Resolution No. 368-2018-MINAM.

Packaging & Labeling

Supreme Decree No. 013-2018-MINAM promotes the reduction of single-use plastic and encourages the responsible consumption of plastic by Executive Branch agencies.

Waste

The Ministry of Health published a draft Technical Standard for the Integrated Management of Solid Waste in Health Service Establishments via Resolution No. 945-2018/MINSA.

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.