Postponement of the new rules for environmental licensing in the State of Rio de Janeiro

On March 31, 2021, Decree No. 47,550/2021, by the State of Rio de Janeiro (“new Decree”), was published, which “amends Decree No. 46,890, of December 23, 2019, which provides for the State System of Licensing and other Environmental Control Procedures – SELCA, and sets forth other provisions.”

The new Decree extended the entry into force of State Decree No. 46,890/2019 (“previous Decree”) – which was to come into force on March 23, 2021 – to August 25, 2021. The issuance of complementary regulations by the Rio de Janeiro State Environmental Council (“CONEMA”) and the State Environmental Institute (“INEA”) was also extended to the same date.

The following are other major changes in the new Decree in relation to the previous Decree:

• Removal of the concession of the instruments related to water resources (Grant, Reserve Certificate of Water Availability and Certificate of Insignificant Use of Water Resources) from the same environmental licensing process; and
• Creation of the Detailed Environmental Diagnosis (“DAD”), a new environmental study – added to the new environmental studies already foreseen in the previous Decree (Summarized Environmental Diagnosis – “DAR” and Environmental Compliance Study – “EAC”) – for the enterprises and activities that do not fit into the other studies.

Deadline extended for submission of the Annual Reports on Potential Polluters and Users of Environmental Resources for 2021

On March 29, 2021, the Brazilian Institute of Environment and Renewable Natural Resources (“IBAMA”) published Normative Instruction No. 4/2021 (“IBAMA’s IN 4/21”), extending the deadline for the filing of the Annual Reports on Potential Polluters and Users of Environmental Resources for 2021 (“RAPPs” or “Reports”), for the calendar year of 2020.

The regular deadline for submitting the RAPPs is February 1^st to March 31^st of each year. However, IBAMA’s IN 4/21 extended such submission until June 29, 2021, exclusively for the 2021 Reports regarding the calendar year of 2020.

The obligation to complete and submit the RAPPs applies to individuals and legal entities that engage, separately or cumulatively, in potentially polluting activities and use of environmental resources described in Annex VIII of Federal Law No. 6,938/81, identified from the Federal Technical Registry of Potential Polluters and Users of Environmental Resources (“CTF/APP”).

Our Environmental team is at your disposal for further clarifications.

Sincerely,

Environmental