On 16 February 20221, the National Mining Agency published Directive No. 95 of 7 February 2022, defining the regulatory measures applicable to mining dams pursuant to the National Policy on Dam Safety. The resolution enters into effect on 22 February 2022 and establishes mandatory deadlines for entrepreneurs.
The federal government has enacted Federal Decree no. 10,946/2022, which establishes and regulates the guidelines for energy generation in offshore projects, particularly about the use of maritime space and the exploitation of natural resources. With the publication of the Decree and according to the Ministry of Mines and Energy, certain gaps are expected to be filled, in addition to a greater regulatory assurance involving the development of offshore power generation projects.
Federal decree No. 10.936/2022, which regulates the National Solid Waste Policy, was published on 13 January 2022.. The new regulation institutes the National Reverse Logistics Program, integrating the National Information System on Solid Waste Management and the National Solid Waste Plan.
Brazil: IBAMA publishes directive regulating the Annual Report of Potentially Polluting Activities and Users of Environmental Resources
On 14 December 2021, CETESB (Environmental Agency of the State of São Paulo) published Board Decision No. 125/2021/E of 9 December 2021, which approved the updated list of thresholds for contaminants in the soil and groundwater in the State of São Paulo and revoked the former list approved by Board Decision No. 256/2016/E, of 22 November 2016.
On 6 October 2021, the CETESB (environmental agency of the state of São Paulo) published Board Decision No. 105/2021/P/C of 29 September 2021, which altered Board Decision No. 114/2019/P/C, establishing the “procedure for the incorporation of reverse logistics in the scope of environmental licensing”.
On 27 October 2021, Regulatory Ordinance of the Ministry of Environment No. 487, dated 26 October 2021, was published. The ordinance establishes the category Forest+Agro under the National Program of Payments for Environmental Services – Forest+, which in turn was established by Ministry of Environment Ordinance No. 288 of 2 July 2020.
A few days away from COP26, the federal government on 25 October 2021 launched the Green Growth National Program.
The municipality of Rio de Janeiro published Law No. 7,023/2021, which establishes the Municipal Consumer Code.
The Ministry of the Environment, IBAMA and ICMBIO have edited Joint Normative Instruction (INC) MMA/IBAMA/ICMBio No. 2/2021, published in the Federal Official Gazette on Thursday, 29 April. The new INC updated certain procedures established by Joint INC No. 1/2021, which was published at the beginning of April, particularly those related to inspection reports.