Environmental Alert – July 2024

A new exceptional and non-extendable deadline is established for the submission of the Detailed Environmental Plan and Abandonment Plan in the hydrocarbons sector

On July 26, 2024, Supreme Decree No. 013-2024-EM (DS013) was published in the Official Gazette El Peruano, which establishes a new exceptional and non-extendable term for the submission of the Detailed Environmental Plan regulated through the First Transitory Complementary Provision of Supreme Decree No. 023-2018-EM and the Abandonment Plan regulated through the Second Transitory Complementary Provision of Supreme Decree No. 023-2018-EM.

The most relevant aspects of the regulation are as follows:

Detailed Environmental Plan (PAD)

1. The Hydrocarbon Activity Holders contemplated in assumptions a) and b) of the First Transitory Complementary Provision of Supreme Decree No. 023-2018-EM, must communicate to the General Directorate of Hydrocarbon Environmental Affairs of the Ministry of Energy and Mines (DGAAH) or of the Regional Government the acceptance of the Detailed Environmental Plan (PAD) in the following assumptions:

• In the case of hydrocarbon commercialization activities that have carried out expansions and/or modifications or develop hydrocarbon commercialization activities, without prior approval of the modification procedure or an Environmental Management Instrument, respectively.
• In the case of other hydrocarbon activities, which have an Environmental Management Instrument and have carried out expansions and/or modifications to the activity, without having previously carried out the corresponding modification procedure.

2. Compliance with the PAD must be made within one (01) year as of the entry into force of the DS013, for which a “Single Form for Compliance with the Detailed Environmental Plan” must be completed, which is part of the regulation as Annex 1. This document is a sworn statement and will not be subject to any pronouncement by the authority.
3. The components and/or activities to be included in the PAD must have been built and/or be in operation before the entry into force of the DS013, which must be accredited by the Activity Holder.
4. The PAD must be submitted within a period of up to 3 years from the entry into force of DS013, only if the notification of acceptance has been submitted.
5. The PAD must be prepared following the “Guidelines for the formulation of Detailed Environmental Plans for the adaptation of Hydrocarbon Activities”, approved by Ministerial Resolution No. 113-2019-MEM/DM.
6. As long as the PAD is not available, the control and mitigation measures corresponding to the activity or component must be implemented.

Abandonment Plan

7. Holders of Hydrocarbon Activities that do not have environmental certification of their project and need to obtain the approval of an Abandonment Plan may request the evaluation and approval of such Plan.
8. The deadline for submitting the Abandonment Plan is one year as from the entry into force of DS013.

DS013 is in force as of the day following its publication in the newspaper El Peruano.

The provisions of the regulation in question are applied without prejudice to the sanctioning powers of OEFA and OSINERGMIN.

For further information, please contact Francisco Tong (ftong@estudiorodrigo.com), Jenny Caldas (jcaldas@estudiorodrigo.com) and/or Úrsula Zavala (uzavala@estudiorodrigo.com).