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2012/CTI2/CD/FOR/003 Morning Session II

Chemical Legislation, Regulation and Data Tools in Peru

Purpose: Information Submitted by: Peru

APEC Chemical Regulators’ ForumSingapore

30 March 2012

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Asia-Pacific Economic Cooperation - Regulators Forum

Chemical Legislation, Regulation and Data Tools in Peruand Data Tools in Peru

Milagros Verástegui SalazarMinistry of Environment of Peru

March 30, 2012

ECONOMY PROFILE

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Economy Profile Surface area: 1,285,215.60 km2

□ 3,079 5 km of coast□ 3,079.5 km of coast

Population: 29,461,933 (76% Urban)

□ Coast : 54.6% - 102 hab/km2

□ Highland : 31.7% - 23 hab/km2

□ Tropical Forest : 13.7% - 5 hab/km2

Total Adult Literacy Rate: 90%

Life Expectancy at birth: 74 years

Human Development Index: 80

Economy Profile

Seasonally Adjusted Industrial Production

Seasonally Adjusted GDPIndustrial Production

Index DEC-07=100Index IV-07=100

Source: Ministry of Economy and Finances of Peru (MEF)

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Economy Profile

FDI in Latin America 2010Peru: Foreign Direct Investment Income

(% GDP)

Investment Income (USD)

Source: National Center for Strategic Planning (CEPLAN)

Economy Profile

OPPORTUNITIESMegadiverse Flora: Ranked 5th Bird: Ranked 2nd Amphibians: Ranked 3rd Mammals: Ranked 3rd Fish: 10% of the world total number of species Cetaceans: 36 of the world’s 83 species

Center of Origin 11 eco-regions 28 of the world’s 32 types of climate8 3 yp 87 of the world’s life zones

Forests Total forest areas: Ranked 9th Tropical forest area: Ranked 4th

Pluricultural nation More than 14 ethnolinguistic families and 72 ethnic groups.

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KEY ENVIRONMENTAL ISSUESWater

C t R i f t

Economy Profile

Coast versus Rainforest Main threat: Pollution from untreated industrial and

domestic waste waterAir

Urban areas versus rural areas Main threat: Fleet and industry emissions,

inadequate use of domestic fuelsWasteWaste

Majority of landfills located in Lima Inadequate management of hazardous industrial

and urban waste has led to a large number of environmental liabilities

Biodiversity and Forest Land-use planning, EEZ and illegal logging

CHEMICAL LEGISLATION

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Chemical Legislative Framework

Political Constitution of Peru General Environmental Law General Environmental Law General Health Law Framework Law for Agricultural

Health General Waste Law General Waste Law Law which regulates the ground

transport of hazardous materials and waste

Consensus, Joint Action National

TECHNICAL INTERGOVERNMENTAL

Environmental Governance Model

Framework Law for the National Environmental Management System

Joint Action, Development, Approval, and Validation

Systems and processes which implement the Policy to achieve its

National Environmental

PolicyADVISORY PARTICIPATORY

CONFLICT RESOLUTION

NE

FA

IA NIA

ER

A

TE

GIE

S,

GR

AM

S,

AN

D

RU

ME

NT

S

NA

NP

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National Strategy on Climate Change, Biodiversity, and to Combat Desertification; EQS and MPL;

objectives

Reach of the National Environmental Policy

SIN

SE

I

SIN

OT

HE

ST

RA

PR

OG

INS

TR

SIN

Q ;Land-Use Planning, and others.

NATIONAL GOVERNMENT (Sectoral organizations and other bodies of the Ministry)

REGIONAL GOVERNMENT

LOCAL GOVERNMENT

REM

LEM

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Environmental Governance and Chemical Management

NATIONAL ENVIRONMENTAL

POLICY

Approved May 23 2009 by Approved May 23, 2009 by S.D. Nº 012-2009-MINAM

Environmental Governance and Chemical ManagementNational Environmental PolicyKey Policy 2 : Integral Management of Environmental

QualityyTheme 5 : Chemical Substances and Hazardous

Materialsa) Establish and/or strengthen authorization, surveillance, and control

mechanisms related to the life cycle of chemical substances andhazardous materials, assuring systematic and up-to-date informationregarding activities involving these substances and materials.

b) Reinforce prevention and control of environmental risks associatedwith the use, management, and final disposal of chemical substancesand hazardous materials.

c) Assure the environmentally safe and adequate final disposal ofchemical substances and hazardous materialschemical substances and hazardous materials.

d) Disseminate best practices regarding chemical substances andhazardous material management as well as reinforce the adoption ofcontrol and risk criteria during use and final disposal.

e) Assure the inclusion of health and fragile ecosystem protection criteriain the establishment, monitoring, and control of contingency plans forthe use and management of chemical substances and hazardousmaterials.

f) Manage potential health and environmental risks associated with theuse of chemical substances and hazardous materials, particularlyamong persons potentially exposed to these substances and materials.

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CHEMICAL REGULATION

PREVENTIONBanned or Restricted Hazardous Chemicals

Chemical Regulation

Chemical regulation for specific chemical products may be issued atthe national level, at the sectoral level for certain uses, and at theregional level, in compliance to our National Environmental Policyand regional and multilateral environmental agreements.

Who may ban or

Congress

Agriculture Sectorban or restrict the use of chemical products?

g

Health Sector

Industry and Manufacturing Sector

Regional Governments

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PREVENTION // CONTROLNational System for Environmental Impact Assessment (S )

Chemical Regulation

(SEIA) : Preliminary Environmental Assessment Environmental Impact Declaration Environmental Impact Assessments Environmental Adjustment and Management Program

National G t

LocalGovernment

MIN

AM

SE

IAP

reve

ntio

nGovernment

RegionalGovernment

OE

FAS

INE

FAC

ontrol

NEMS

NEMS

CONTROL

Chemical Regulation

Environmental Quality Standards Maximum Permissible Limits

Air Water

Energy and Mines Production Transport and

CommunicationsCommunications Housing

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CONTROL

Chemical Regulation

Environmental Quality StandardsEnvironmental Quality Standards

AIR Sulphur dioxide PM-10 PM-2.5 Benzene Total hydrocarbons

WATERCategories

1: Recreational and Public Use

2 : Marine-Coastal A ti iti Total hydrocarbons

Carbon Monoxide Nitrogen dioxide Ozone Lead Hydrogen sulphide

Activities

3 : Agricultural Use and Animal Drinking Use

4 : Conservation or aquatic environment

CONTROL

Chemical Regulation

Maximum Permissible Limits

Energy and Mines Liquid effluent discharge (mining – metallurgy, energy,

hydrocarbons). Elemnents and compounds present in gasueos emissions

(mining-metallurgy).

Production Cement Beer Leather Paper

Maximum Permissible Limits

Cement, Beer, Leather, Paper. Fish flour and oil.

Transport and Communications Fleet emission. Non-ionizing radiation in communications.

Housing Effluent of domestic sewage plants.

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MITIGATIONEnvironmental Liabilities

Chemical Regulation

Both the Hydrocarbon and Mines Sector havedeveloped regulations for the prevention,mitigation and remediation of environmentalliabilities if their respective sectors.

The Ministry of Energy and Mines is currentlyupdating its mining environmental liabilitiesinventory.

The Ministry of the Environment is working ondeveloping a framework for the prevention,assessment and management of environmentalliabilities at the national, regional and local level.

Environmental Impact Assessment and

Environmental Policies

RELATIONSHIP AMONGST ENVIRONMENTAL MANAGEMENTE INSTRUMENTS

Environmental Information and Citizen Participation

Environmental QualityLegislation(EQS and MPL)

Plans to Decontaminate Environmental Liabilities

Assessment and Environmental Management and Enhancement Programs

Land-Use Planning

Control and Sanction

NATIONAL ENVIRONMENTAL MANAGEMENT SYSTEM

Plans, Strategies, and Programs

Financial InstrumentsIncentives and Economic Instruments

ENVIRONMENTAL MANAGEMENT INSTRUMENTS Regional and Local

Environmental Management Instruments

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CHEMICAL DATA TOOLS

FRAMEWORKElectronic Governance

Chemical Data Tools

Companies

The World

CitizensCivil Servants

Government

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ENVIRONMENTAL INFORMATIONNational Environmental Information System

Chemical Data Tools

EXPERIENCESOSINERGMIN OEFA

Chemical Data Tools

Hidrocarbon Sector

Electrical Sector

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EXPERIENCESMinistry of Energy and Mines

Chemical Data Tools

Mining companies report tothe Environmental MiningInformation System.

Monitoring Reports arepresented on a quarterlybasis.

Data reported is analyzedd i t t d b

Environmental Mining Information System

SIAM and interpreted by acertified laboratory.

INDECOPI* is the competentauthority in Peru to certifylaboratories.

* National Institute for the Defense of Competition and Protection of Intellectual Property

S

PROJECTSPollutant Release and Transfer Registry (PRTR)

Chemical Data Tools

1. Estimation and calculation2. Annual Reporting3. Quality Assurance4. Storage5. Confirmation of report

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PROJECTSPollutant Release and Transfer Registry (PRTR)

Chemical Data Tools

Parameters already being reported tocompetent authorities, those required by lawand those subject to international reporting.

Controlled substances : Chemicals used inthe production of illicit drugs.

NOx (family of NOx are grouped together)

What will be reported first?

Chemicals/PollutantsComponent

TotalAir Water Soil

Chemicals included in legal requirements.

17 92 0 109

Chemicals reported to CompetentAuthorities.

49 78 40 167

Ingº Milagros Verástegui Salazarmanager policy rules and instruments of

environmental managementMinistry of Environment

mverastegui@minam.gob.pe