Peru: Modification of the Environmental Management Regulations for Industry and Domestic Trade

I. Environmental responsibility of the owner

• The holder of the activities is responsible for wastewater, odors, waste from single-use plastics, electrical and electronic devices, single-use tires, liquid waste and any other residue generated as a result of the processes and/or operations in its facilities, as well as any damage to the environment caused as a consequence of the development of its activities.
• Likewise, in the event of a change in the ownership of the project or activity or of its components, which have an environmental management instrument (IGA), the new owner is obliged to comply with all the environmental commitments and obligations derived therefrom, as well as with the administrative measures ordered by the supervisory body. The change or modification in the ownership of the project, activity or component must be communicated by the new owner to the competent authority and the supervisory body within five working days of the completion of such act.

II. Obligations of the owner

The owner has the following additional obligations:

• It must implement and operate a system that includes the collection, treatment (at least pretreatment and primary treatment to ensure the removal of pollutants) and discharge of effluents if they are discharged into a natural body of water.
• If it is not feasible to discharge industrial effluents into the sewage system, they must be treated in industrial effluent treatment plants that provide services to third parties or in the owner's own systems. The owner may not dispose of its industrial effluents or liquid waste through solid waste operating companies, unless they are contained in tanks or reservoirs.
• Owners that have or require an IGA must have a training program on general environmental issues and/or those related to the specific activity, which may be provided by the company's own personnel and/or external specialists. The training program must be part of the IGA. Evidence of the training program must be submitted together with the environmental report to the supervisory body. If the IGA does not have a training program, the owner must include it in the next update or modification.

III. Monitoring

• Conformity assessment bodies (CAB) are tasked with sampling, performing measurements and tests and preparing reports. These CAB must be accredited with the ISO/IEC 17025 standard in the specific scope by INACAL or by the CAB, or accredited by a member entity of the International Laboratory Accreditation Cooperation (ILAC) or the Multilateral Recognition Agreement of the Inter-American Accreditation Cooperation (IAAC), headquartered in Peru.
• The licensee must submit the monitoring reports, together with the documents proving their reliability, as part of the environmental report.

IV. IGA evaluation process

• The IGA must include a risk analysis of the effects of climate change, as well as the implementation of climate change adaptation and greenhouse gas mitigation measures, in accordance with the regulations approved by MINAM.
• The admissibility period of the IGA is a maximum of five working days, and there may be observations that must be corrected by the owner within two working days, only extendable once and for the same period of time.
• The binding technical opinion must have a favorable rating for the IGA to be approved.
• In the case of non-binding technical opinions, if the technical reviewer does not submit their observations or a final response within the given deadline, the competent authority will continue with the process.

V. Scope of advance classification

• The owners of projects subject to the National Environmental Impact Assessment System must prepare and submit the IGA in accordance with the category indicated in the advance classification provided for in Annex II of the Environmental Regulations.
• If an investment project is in two or more approved typologies, the owner must submit the IGA of the highest category.
• Investment projects that are classified in advance are not required to undergo a Preliminary Evaluation (EVAP).

VI. Owners not subject to the requirement of an IGA

• The owners of investment projects or activities in progress which are not required to have an IGA, in addition to complying with the regulations on the management of solid waste, water, effluents, etc., must comply with the environmental technical provisions approved for their activity.
• Owners do not require an express pronouncement from the competent authority or the Ministry of the Environment to confirm they are not subject to an IGA.

VII. Reporting the commencement of works and operations

The owner shall inform the competent authority and the supervisory body of the following steps:

1. The beginning of the works or construction stage, or its modifications, within 30 working days
2. The beginning of the operation stage of the project, or its modifications, within 15 working days after the conclusion of the works or construction stage (if operations do not commence within the aforementioned period, the start date of operations must be communicated to the aforementioned authorities within the stipulated period)

VIII. Actions that do not require modifying the IGA

• The Ministry of Production will issue a ministerial resolution establishing the actions that do not require a modification or an ITS (modification through the Supporting Technical Report). The owner must notify the competent authority and the supervisory body prior to the performance of these actions.

IX. IGA update

• The update does not include the regularization, adaptation or incorporation of components, activities, processes, actions or other information not included in the approved EIS or EIA or in its modifications.
• Corrective IGAs (DAA, PAMA) may only be updated at the express request of the supervisory body when there is a risk of affecting environmental components or people's health.

X. Modification of corrective IGAs (DAA, PAMA)

• In the case of ongoing activities that have an approved corrective IGA, the owner must submit the preventive IGA (EIS, EIAsd, EIAd) to the competent authority, according to the category established in the anticipated classification for such activity.
• The corrective and permanent environmental management measures established in the corrective IGA must be included in the preventive IGA in an integral manner. Corrective environmental management measures may be modified, provided that they have technical support to justify the changes and that the purpose is to optimize them without increasing the time for implementation.

XI. Environmental technical provisions

• The Ministry of Production has established environmental technical provisions, which are specific environmental management obligations of mandatory compliance for all owners of the manufacturing industry and domestic trade, regardless of whether their investment project or ongoing activity is subject to having an IGA.
• The owners of new investment projects must comply with the environmental technical provisions in their environmental studies.
• Owners that have an approved IGA must comply with the environmental technical provisions by updating or modifying their IGA.

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We hope this information is of relevance to you and your company. Please do not hesitate to contact us if you require any advice in this regard.

1 Approved by Supreme Decree No. 014-2022-PRODUCE.

Click here to access the Spanish version.

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