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1) Soil pollution

Brazil still lacks specific laws dealing with contaminated areas. Recently a technical
rule was issued, CONAMA Resolution 420/2009(page 748), designed to establish
proceedings and parameters for contaminated soil and groundwater investigation and
remediation. The state of So Paulo was the first Brazilian state to regulate the treatment of
contaminated areas by specific legislation, namely State Law No. 13577/2009, regulated by
State Decree No. 54645/2009 and State Decree No. 59263/2013. In its turn, the
environmental protection agency of the state of So Paulo (CETESB) published its technical
manual, contemplating methods, standards and deadlines for investigation and clean-up of
contaminated areas.
Resolution No. 420, December 28, 2099
Establishes provisions for the criteria and guiding values regarding soil quality and
the presence of chemical substances and establishes directives for the environmental
management of contaminated areas by those substances due to anthropic practices

ANNEX I: PROCEDURE FOR THE ESTABLISHMENT OF VALUES OF SOIL


QUALITY REFERENCE
The reference values of quality (VRQs) for naturally occurring inorganic substances in soil
are established from statistical interpretation of analytical results from samples collected in
the main soil types of the state, in accordance with the steps described below.
1- Selection of soil types
Identify the types of soil in each state, based on criteria such as soils source material
(lithology), relief and climate, in order to obtain a set of soil types that represent the
geomorphological, pedological, geological compartments most representative of the State.
2- Selection of parameters for soil characterization
The parameters to be determined for soil characterization are: organic carbon, pH in water,
cationic exchange capacity (CTC) and the levels of clay, silt, sand and oxides of aluminum,
iron and manganese. Considering the regional peculiarities, other parameters may be
included.
In each selected compartment according to item 1 should be defined sampling stations, in
excerpts without anthropogenic interference or with anthropogenic negligible interference, to
be distributed in order to statistically represent the geographical area of each soil type.
The sample of each type will be of the composed type, formed of subsamples of 10 (ten)
sampling points, obtained at the depth of 0-20 cm. Simple sampling or for other depths can be
adopted on the basis of regional specificities. The geographical coordinates and the altitude of
the sampling points should be noted by specifying the geodetic reference system.
Procedures should be adopted for the collection, handling, preservation, packaging and
transport of specimens, described in national and international standards, respecting the time
limits of validity.
3- Analytical Methodologies
For analysis of inorganic substances listed in ANNEX II, using the fraction of soil less than 2
mm. The analytical methodology for the extraction of inorganic substances (except mercury)
of the samples will be USEPA 3050 or USEPA 3051 or their updates. Determination of pH in
water, CTC and the levels of organic carbon, clay, silt, sand, iron oxides, aluminum,
manganese and silicon must follow the analytical methodologies developed by EMBRAPA
In the case of natural occurrence, recognized by the competent environmental agency of
substances other than those referred to in the methodologies mentioned earlier,
methodologies should be adopted that meet the specifications described in recognized
standards internationally, including the most recent edition published by USEPA methods
(United States Environmental Protection Agency), series SW-846-Test Methods for
Evaluating Solid Waste; by ISO (International Standardization Organization) and DIN
(Deutsches Institut fr Normung).
Chemical analyses should include analytical traceability, validation, control charts prepared
with concentration significantly close of those expected in solid matrices) and tests with
certified reference materials in order to verify the accuracy of the results by means of parallel
tests.

4- Data interpretation and obtaining of VRQs


Each State may establish, by substance, one sole VRQ or VRQ for each type of soil.
The VRQ of each substance may established, based on 75 percentile or 90 percentile of the
sample universe, previously removed the anomalies. The VRQ referred to shall be
determined using applicable statistical treatment and in accordance with the design of the
sampling plan and with the sample set obtained.
5- Database
Data collected by states on sampling, analytical determinations and VRQs should compose
the database on soil quality.
ANNEX II: LIST OF GUIDING VALUES FOR SOILS AND GROUNDWATER.

Note: CAS REGISTRYSM


referred to as CASRN or CAS Number, is a unique numerical identifier assigned by
the Chemical Abstracts Service (CAS) to every chemical substance described in the
open scientific literature
Contains more than 132 million unique organic and inorganic chemical substances,
such as alloys, coordination compounds, minerals, mixtures, polymers and salts, and
more than 67 million sequences - more than any other database of its kind.

*Portability patterns of chemicals that pose risk to health as defined in Ordinance No.
518/2004 of the Ministry of Health (Table 3).
** Values calculated based on risk to human health, according to the scope of this
Resolution. They differ from the standards of acceptance for human consumption as defined
in the Ordinance No. 518/2004 of the Ministry of Health (Table 5) and the maximum values
allowed for human consumption defined in ANNEX I of CONAMA Resolution No.
396/2008.
(1) For comparison with guiding values, use the recommendations of 3050b methods
(except for the element mercury) or 3051 of USEPA SW-846 or other equivalent procedure
for acid digestion of soil samples on the determination of inorganic constituents by
spectrophotometric techniques.
E - To be set by the State. na-not applicable to organic substances.
(a) The sum for trichlorobenzenes 20 g.L-1.
(b) The sum for 1.2 dicloroetenos; = 50 g.L-1.
(c) The sum for DDT-DDD DDE = 2 g.L-1.
(d) The sum for Aldrin and Dieldrin = 0.03 g.L-1.
*Potability patterns of chemicals that pose risk to health as defined in Ordinance No.
518/2004 of the Ministry of Health (Table 3).
** Values calculated based on risk to human health, according to the scope of this
Resolution. They differ from the standards of acceptance for human consumption as defined
in the Ordinance No. 518/2004 of the Ministry of Health (Table 5) and the maximum values
allowed for human consumption defined in ANNEX I of CONAMA Resolution No.
396/2008.
Adapted from: CETESB, SP Decision from the Board of Directors. No. 195-2005-E, of
November 23, 2005. Official Gazette of the State, Executive Branch, SP, of 12/3/2005,
section 1, v. 115, no. 227, p. 22-23. Rectification in the Official Gazette of the State, of
12/13/2005, v. 115, no. 233, p.
2) Regulation of waste
What types of waste are regulated and how?
The management of solid waste is regulated by the Brazilian Solid Waste Management
Policy, established by Law No. 12305/2010 and Decree No. 7404/2010, as well as by
Brazilian Sanitation and Environmental Education Policies, established by Laws No.
11445/2007 and 9795/1999 respectively, which also address the issues of urban sanitation
and solid waste management. In addition to the abovementioned standards, there are several
specific standards applicable to solid waste at the state and local levels.
Various types of waste are regulated by specific statutes and delegated legislation.
Examples include;
4.1) Radioactive waste (Law No.10308/2001);
4.2) Hazardous civil construction waste (CONAMA Resolution No. 307/2002);
4.2.1) Resolution 307, July 5, 2002
Establishes directives, criteria and procedures for the management of wastes from
building construction
Art. 3. Civil construction waste shall be classified for the purposes of this Resolution, as
follows:
I- Class A - reusable or recyclable waste as aggregates, such as:
a) from construction, demolition, reforms and paving repairs and other infrastructure
works, including soils from earthwork;
b) from construction, demolition, renovation and repairs of buildings: ceramic
components (bricks, blocks, tiles, flooring boards etc.), mortar and concrete;
c) from manufacturing process and/or demolition of concrete precast parts (blocks,
pipes, wires etc.) produced in construction sites;
II- Class B: recyclable waste to other destinations, such as: plastics, paper, cardboard,
metal, glass, wood and plaster; (wording by Resolution No. 431/11).
III- Class C: wastes for which were not developed economically viable technologies
or applications that allow recycling or recovery; (wording given by Resolution No. 431/11).
IV- Class D: hazardous waste from the construction process, such as paints, solvents,
oils and other or those contaminated or harmful to health arising from demolition,
renovations and repairs in radiological clinics, industrial and other facilities, as well as tiles
and other objects and materials containing asbestos or other products harmful to one's health.
(wording by Resolution No. 348/04).
Art. 9 The Plans for Management of Civil Construction Waste should include the following
steps: (new wording by Resolution 448/12)
I- characterization: in this step the generator must identify and quantify the waste;
II- screening: must be carried out, preferably by the generator at the origin, or be held
at licensed disposal areas for this purpose, respecting the classes of wastes laid down in art. 3
of this Resolution;
III- packaging: the generator must ensure the containment of waste after generation
until the transport step, ensuring in all possible cases, the conditions for re-use and recycling;
IV- transportation: should be carried out in accordance with the previous steps and in
accordance with the technical standards in force for the carriage of wastes;
V- destination: should be laid down in accordance with the provisions of this
Resolution.
Art. 10. Civil construction waste, after screening, should be used in the following ways: (new
wording by Resolution 448/12)
I- Class A: should be reused or recycled in the form of aggregates or sent to landfill of
waste material storage class A for future uses; (new wording by Resolution 448/12)
II- Class B: should be reused, recycled or sent to temporary storage areas, being
willing to allow their use or future recycling;
III- Class C: must be stored, transported and used in accordance with the specific
technical standards.
IV-Class D: must be stored, transported and used in accordance with the specific
technical standards. (new wording by Resolution 448/12)

4.3) Hazardous health care waste (CONAMA Resolution No. 358/2005);


Establishes provisions for the treatment and final disposal of health service wastes and
makes other provisions.
ANNEX I
I- GROUP A: Waste with the possible presence of biological agents, which, by their
characteristics of greater virulence or concentration, may present a risk of infection.
II- GROUP B: Wastes containing chemicals that can present a risk to public health or to the
environment, depending on its characteristics of flammability, corrosively, reactivity and
toxicity.
III- GROUP C: Any materials resulting from human activities containing radionuclides in
quantities exceeding the limits specified in the regulations for the disposal of the National
Commission of Nuclear Energy-CNEN and for which re-use is unfit or not provided.
IV- GROUP D: Waste that does not have biological, chemical or radiological risk to health or
the environment, and may be treated as household waste..
V- GROUP E: sharp or sacrificing materials, such as: razor blades, needles, scalps, glass
ampoules, drills, endodontic files, diamond burs, scalpel blades, lancets; capillary tubes;
micropipettes; slides and cover slips; spatulas; and all the broken glass utensils in the
laboratory (blood collection tubes, pipettes and Petri dishes) and other similar.
4.4) Hazardous waste in general (CONAMA Resolution No. 452/2012);
4.5) Batteries (CONAMA Resolution No. 401/2008);
Establishes the maximum amounts of lead, cadmium and mercury for batteries sold within
the national territory and the criteria and standards for their adequate environmental
management as well as other provisions.
ON THE BATTERIES AND ELECTRIC BATTERIES ZINC-MANGANESE AND
ALKALINE-MANGANESE
Art. 7. From July 1, 2009, the portable type batteries, button and miniature which are
marketed, manufactured in the national territory or imported, must meet the following
maximum levels of the metals of interest:
I- have up to 0.0005% by weight of mercury when it is of the type listed in item III of
art. 2 of this Resolution;
II- contain up to 0.002% by weight of cadmium when it is of the type listed in item III
of art. 2 of this Resolution;
III- contain up to 2.0% by weight of mercury when it is of the type listed in sections
V, VI and VII of the art. 2 of this Resolution.
IV. contain traces of up to 0.1% in weight of lead.

LEAD-ACID BATTERIES
Art. 8 Batteries, with lead-acid electrochemical system, may not possess metal levels above
the following limits:
I- mercury - 0.005% by weight; and II-cadmium- 0.010% by weight.
3) Regulation of air emissions
The standards are determined considering levels of concentration of air pollutants which if
exceeded may adversely affect the health, safety and welfare of the population and damage
the flora and fauna and the environment in general.
The main technical rules relating to air emissions are as follows:
5.1) CONAMA Resolution No. 05/1989, created the National Air Quality Control Program
(PRONAR) to improve air quality and/or maintain air quality in areas not yet degraded.
PRONAR set limits for emission levels of atmospheric polluting sources by source type and
priority pollutants. Resolution 05 paved the way for establishing maximum emission levels
based on the intended use of the area.
In order to allow for the implementation of policies that will hinder the continued
deterioration of air quality throughout the entire National Territory its areas will be divided
according to the following classification related to intended uses:
Class I: Preservation areas, leisure and tourism such as National and State Parks, Ecological
Stations and Reserves and Hydro-mineral and Hydrothermal Resorts. The air quality in these
areas shall be upheld in levels that are very close to verified ones and must not be subjected
to further anthropogenic intervention.
Class II: Areas where the level of air quality deterioration is limited by the standards that
apply to secondary air quality standards.
Class III: Development areas where the level of air quality deterioration is limited by primary
air quality standards.
CONAMA will, through specific Resolution, define Class I and Class III areas and nay other
area will be considered as a Class II area.

5.2) CONAMA Resolution No. 03/1990, specifies quality standards and analysis methods for
air pollutants in terms of total suspended particulates, smoke, free particulates, sulfur dioxide,
carbon monoxide, and ozone.
Art. 2 The following concepts are hereby established for all purposes of this Resolution:
I Primary Air Quality Standards are pollutant concentrations that if surpassed may
be hazardous to the health of the population.
II Secondary Air Quality Standards are pollutant concentrations below those that
can have any adverse effects on the wellbeing of the population as well as having minimal
effects of the fauna, flora, goods and the environment in general
Art. 3 The following Air Quality Standards are hereby established:
I Total of Particles in Suspension
a) Primary Standard
1 Medium annual geometric concentration of 80 (eighty) micrograms per cubic meter of
air.
2 Medium concentration during 24 (twenty-four) hours of 240 (two hundred and forty)
micrograms per cubic meter of air which cannot be exceeded more than once per year.
b) Secondary Standard
1 - Medium annual geometric concentration of 60 (sixty) micrograms per cubic meter of air.
2 - Medium concentration during 24 (twenty-four) hours of 150 (one hundred and fifty)
micrograms per cubic meter of air which cannot be exceeded more than once per year.

II - Smoke
a) Primary Standard
1 Medium annual arithmetic concentration of 60 (sixty) micrograms per cubic meter of air.
2 Medium concentration during 24 (twenty-four) hours of 150 (one hundred and fifty)
micrograms per cubic meter of air which cannot be exceeded more than one per year.
b) Secondary Standard
1 - Medium annual arithmetic concentration of 40 (forty) micrograms per cubic meter of air.
2 - Medium concentration during 24 (twenty-four) hours of 1oo (one hundred) micrograms
per cubic meter of air which cannot be exceeded more than one per year.

III Non-inhalable particles


a) Primary and Secondary Standards
1 - Medium annual arithmetic concentration of 50 (fifty) micrograms per cubic meter of air.
2 - Medium concentration during 24 (twenty-four) hours of 150 (one hundred and fifty)
micrograms per cubic meter of air which cannot be exceeded more than one per year.

IV Sulfur Dioxide
a) Primary Standard
1- Medium annual arithmetic concentration of 80 (eighty) micrograms per cubic meter of air.
2- Medium concentration during 24 (twenty four) hours of 365 (three hundred and sixty five)
micrograms per cubic meter of air which cannot be exceeded more than one per year.
b) Secondary Standard
1 - Medium annual arithmetic concentration of 40 (forty) micrograms per cubic meter of air.
2 - Medium concentration during 24 (twenty four) hours of 1oo (one hundred) micrograms
per cubic meter of air which cannot be exceeded more than one per year.

V - Carbon monoxide
a) Primary and Secondary Standards
1- Medium concentration during 8 (eight) hours of 10.000 (ten thousand) micrograms per
cubic meter of air (9 ppm) which cannot be exceeded more than once per year.
2 Medium concentration during 1 (one) hour of 40.000 (forty thousand) micrograms per
cubic meter of air (35 ppm) which cannot be exceeded more than once per year.

VI - Ozone
a) Primary and Secondary Standards
1 Medium concentration during 1 (one) hour of 160 (one hundred and sixty) micrograms
per cubic meter of air which cannot be exceeded more than once per year.

VII - Nitrogen Dioxide


a) Primary Standard
1 - Medium annual arithmetic concentration of 100 (one hundred) micrograms per cubic
meter of air.
2 - Medium concentration during 1 (one) hour of 320 (three hundred and twenty) micrograms
per cubic meter of air.
b) Secondary Standard
1- Medium annual arithmetic concentration of 100 (one hundred) micrograms per cubic meter
of air.
2 - Medium concentration during 1 (one) hour of 190 (one hundred and ninety) micrograms
per cubic meter of air.
The air quality standards and methods of analysis defined in Resolution 03, Article 3,
are shown below:
5.3) CONAMA Resolution No. 08/1990, establishes maximum emission guidelines for
external combustion processes at new, stationary pollution sources. The standards for total
particulate matter and sulfur dioxide are expressed as the weight of the pollutants per upper
heating power of the fuel and calorimetric density and are based on the intended use of the
area or area classification. State environmental agencies establish maximum emission limits
for fuels other than fuel oil and coal.
Art 2 The following maximum emission limits for total amounts of particles and sulfur
dioxide(SO2) are established for all purposes of this Resolution, expressed in pollutant
weight by highest colorific combustible power and colorimetric density, according to the
classification related to pretended uses defined by PRONAR.
2.1 For new point sources with nominal power equal or under 70 MW (seventy megawatts):
2.1.1 Class 1 Areas
2.1.1.1 Areas whose atmosphere must be preserved (Conservation Units,
except APAs). All air polluting activities are banned within these areas.
2.1.1.2 Areas whose atmosphere should be preserved (leisure, tourism, climate
resorts, hydro-mineral and hydrothermal areas and resorts)
a) Total of Particles 120 (one hundred and twenty) grams per million of kilocalories.
b) Colorimetric Density Maximum of 20% (twenty percent) of the equivalent of the
Ringlemann 1 scale, except in relation chimney cleaning operations and during the start of
the hardware.
c) Sulfur Dioxide (SO2) - 2.000 (two thousand) grams per million kilocalories.
d) The combustible oil consumption limit by a point source, (corresponding to the
nominal capacity of all tools) is 3.000 tons per year. Consumption of oils that surpasses this
limit must be previously approved by the state environmental organ and through the issuing
of environmental licenses.

2.1.2 Class II and III Areas


a) Total of Particles
- 350 (three hundred and fifty) grams per million kilocalories (for combustion oils). - 1.500
(one thousand five hundred) grams per million kilocalories (for mineral coal).
b) Colorimetric Density
- Maximum of 20% (twenty percent) of the equivalent of the Ringlemann 1 scale, except in
relation chimney cleaning operations and during the start of the hardware.
c) Sulfur Dioxide (SO2)
- 5.0 00 (five thousand) grams per million kilocalories (for combustion oils and mineral coal).
2.2 For new point sources with nominal power above 70 MW (seventy megawatts):
2.2.1 Class I Areas
The installation of new polluting point sources in these areas is banned.
2.2.2 Class II and III Areas
a) Total of Particles
- 120 (one hundred and twenty) grams per million kilocalories (for combustion oils.
- 800 (eight hundred) grams per million kilocalories (for mineral coal).
b) Colorimetric Density
- Maximum of 20% (twenty percent) of the equivalent of the Ringlemann 1 scale, except in
relation chimney cleaning operations and during the start of the hardware.
c) Sulfur Dioxide (SO2)
- 2.000 (two thousand) grams per million kilocalories for both combustion oils and mineral
coal).
Therefore, for the purposes of this resolution, the following are set emission ceilings
for particular total and sulfur dioxide (SO2), expressed by weight of pollutants by power
colorific higher fuel and color density depending on the intended uses of classification
defined by PRONAR. Resolution 386/2006 may supersede these as appropriate.
5.4) CONAMA Resolution No. 382/2006, complemented by Resolution No. 436, 2011, sets
the principal air emissions limits for combustion sources of different fuels and for several
different manufacturing processes. The emission limits, and their manner of calculation,
monitoring or measurement, and operating conditions for the units are presented in several
Annexes as follows: Establishes the maximum levels of pollution emissions by stationary
sources.
Annex I Atmospheric Pollutants from the Generation of Heat from the Burning of
Foreign Oil Fuels;
Annex II Atmospheric Pollutants from the Generation of Heat from the Burning of
Foreign and Natural Gas;
Annex III Atmospheric Pollutants from the Generation of Heat from the Burning of
Cane Sugar;
Annex IV Atmospheric Pollutants from the Generation of Heat from the Burning of
Derivatives of Madeira;
Annex V Atmospheric Pollutants from Gas Turbines for Power Generation;
Annex VI Atmospheric Pollutants from Petroleum Refineries;
Annex VII Atmospheric Pollutants from the Manufacture of Pulp;
Annex VIII Atmospheric Pollutants from Production for the Fusion of Secondary
Lead;
Annex IX Atmospheric Pollutants from Production in Primary Aluminum
Industries;
Annex X Atmospheric Pollutants from Ovens for Fusion of Glass
Annex XI Atmospheric Pollutants from Production of Portland Cement;
Annex XII Atmospheric Pollutants Generated from the Production of Fertilizers,
Phosphoric Acid, Sulfuric Acid and Nitric Acid; and
Annex XIII Atmospheric Pollutants Generated from Integrated and Semi-Integrated
Steel Plants and Plants for Pelletized Iron Ore.
5.5) CONAMA Resolution No. 436/2011, which establishes the maximum levels of emission
of air pollutants applicable to stationary sources that were established before 2 January 2007
or whose application for an installation license was made before this date;
ANNEX I: Emission limits for pollutants from processes of heat generation from
external combustion of fuel oil
ANNEX II: Emission limits for pollutants from processes of heat generation from
external combustion of natural gas
ANNEX III: Emission limits for air pollutants from processes of heat generation from
external combustion of biomass from sugarcane.
ANNEX IV: Emission limits for air pollutants from processes of heat generation from
external combustion derived from wood.
ANNEX V: Emission limits for air pollutants coming from the gas turbines for
electric power generation
ANNEX VI: Emission limits for air pollutants from processes of oil refineries
ANNEX VII: Emission limits for air pollutants from processes of manufacture of pulp
ANNEX VIII: Emission limits for air pollutants from processes of secondary lead
smelting
ANNEX IX Emission limits for air pollutants from processes of primary aluminum
industry
ANNEX X: Emission limits for pollutants from kilns glass fusion
ANNEX XI: Emission limits of air pollutant from the industry of Portland cement
ANNEX XII: Emission limits for air pollutants generated in the production of
fertilizers, sulphuric acid, nitric acid and phosphoric acid
ANNEX XIII: Emission limits for air pollutants generated in the integrated and semi-
integrated steel industries and iron ore pelletizing mills
ANNEX XIV: Requirements to be complied with to perform the monitoring of air
emissions and prepare monitoring reports

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