Guidelines and technical provisions necessary for the elaboration of Safety Risk Studies and Response Plans
By Board Resolution N° 129-2021-MINEM/DGH (“Resolution”), published on April 24, 2021 in the Official Gazette El Peruano, the Guidelines and technical provisions necessary for the preparation of Safety Risk Studies and Emergency Response Plans (“Guidelines”) were adopted, within the framework of the provisions of Articles 19 and 20 of the Safety Regulations for Hydrocarbon Activities, adopted by Supreme Decree N° 043-2007-EM (“Safety Regulations”). The purpose is to optimize safety in the development of exploration, exploitation, processing, refining, pipeline transportation, pipeline distribution activities, as well as in the operation of Supply Plants, Airport Supply Plants, Terminals and Water Transportation (“Hydrocarbon Activities”).
The Guidelines regulate the minimum content of the Safety Risk Studies and Emergency Response Plans (“Safety Instruments”), and the minimum requirements with which the professionals who prepare them must comply, in order to ensure that they are prepared by qualified personnel specialized in the risks posed by Hydrocarbon Activities.
In relation to the updating of the Safety Instruments, the Resolution provides that the agents that develop Hydrocarbon Activities shall:
– Update their Safety Instruments when conditions or circumstances arise that vary the risks initially evaluated.
– Submit to OSINERGMIN their updated Safety Instruments every 5 years, from the date of obtaining the corresponding favorable opinion.
– Submit to the OSINERGMIN its updated Safety Instruments in accordance with the Guidelines, when such instruments have a favorable opinion older than 5 years. This must occur within 6 months after the entry into force of the technical regulations adopted by OSINERGMIN.
OSINERGMIN.
For other cases, the OSINERGMIN shall establish the opportunity at which the first update of the Safety Instruments of the agents that carry out Hydrocarbon Activities shall take place.
Any questions on this matter may be answered by Doctors Jorge Pérez-Taiman (jpereztaiman@estudiorodrigo.com), Carolina Noriega (cnoriega@estudiorodrigo.com), Piero Scarafone (pscarafone@estudiorodrigo.com) and/or Talía Hormaeche (thormaeche@estudiorodrigo.com).
