MAXIMUM PERMISSIBLE LIMITS FOR ATMOSPHERIC EMISSIONS FROM THERMOELECTRIC GENERATION ACTIVITIES ARE ADOPTED 

by Jenny Caldas, Rodrigo, Elias & Medrano Abogados

Published: January, 2022

On October 30, 2021, Supreme Decree Nº 030-2021-MINAM ("DS030") was published in the Official Gazette "El Peruano", adopting Maximum Permissible Limits ("MPL") for atmospheric emissions from thermoelectric generation activities.


The following are some relevant aspects of the standard:


  • The MPLs must be complied with by anyone operating or intending to operate thermoelectric generation units ("TGU") for the electricity and/or in-house use market, with a nominal power equal to or greater than 0.5 MW and using solid, liquid and/or gaseous fuels.
  • The following are exempted from complying with the adopted MPLs: (i) those TGUs with less than 500 operating hours per year, (ii) those intended for quick start-up due to emergency and essential load, in the context of a state of emergency, and (iii) those whose sole purpose is to provide sanitation services.
  • Compliance with the MPLs shall be determined by measuring each fixed emission source and, in the event that a TGUs uses more than one fuel, the MPL shall be applied according to the fuel used at the time of measurement.
  • The holders that exceed the MPL values and have an adopted Environmental Management Instrument (IGA) must adapt their activity to comply with the new values. For this purpose, within a maximum period of 30 working days from the entry into force of DS030, they must send a communication to the competent environmental authority, with a copy to the environmental control entity, informing of this situation. They will have a maximum term of 6 months to submit the amendment and/or update of their IGA and a term of 3 years (from the adoption of the amendment or update of the IGA) to comply with the regulation.
  • In the case of holders that already comply with the values established in the MPLs, they shall not be required to adapt their activity, but must communicate this situation to the competent environmental authority, attaching the monitoring reports of the last 3 years, within a maximum period of 30 working days.
  • The regulation came into force the day after its publication in the Official Gazette El Peruano, with the exception of the Second Final Complementary Provision, referring to emission certificates for new stationary internal combustion engines, which shall come into force on April 1, 2024.........................................................................................................................................................................................................jen.........................

 

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