Production and use of fuel ethanol in Brazil - BAFF

B2. Brazil’s environmental legislation, as
applied to sugar-cane, sugar and ethanol
production
B2.1.
Is any environmental permit required from sugar
and ethanol production units in Brazil?
Yes. The governmental authorities’ tools to protect the environment include article
224, item IV, of the Brazilian Constitution, the provisions of which require that an
environmental impact study be conducted prior to the implementation of any such
buildings or activities as can potentially cause degradation of the environment. The
form of that study is set forth by law, and anyone interested is assured the right to
know and monitor it.
Federal Law no. 6,938/81, which provides for the National Policy for the Environment,
uses the following tools for that policy: a) assessment of environmental impacts; and
b) grant of permit and review of actually or potentially pollution-generating activities
(article 9 th , III and IV).
The permit granting procedure is regulated by National Environment Council
(CONAMA) Resolution no. 237/97. Under the Resolution, the permit grant depends
on the preparation of the Environmental Impact Study and the corresponding
Environmental Impact Report (EIA-RIMA) by the interested party.
The EIA-RIMA consist of a thorough work that comprises a description of the
undertaking and the production process, including the products, by products and
waste and effluents generated, and an assessment of the environmental impacts,
including potential ones, on the areas of the undertaking, the surrounding areas,
and the respective region, as well as the submission of proposals for reducing such
impacts.
Three kinds of permits are provided for: the previous permit (LP), approving the
location and conception of the undertaking, certifying its environmental feasibility,
and providing for requirements to be observed for obtaining the subsequent permits;
the implementation permit (LI), which allows the undertaking to be implemented;
and the operation permit (LO), approving the start-up of the undertaking. In the
course of the procedures, public hearings can be held in order to discuss the
undertaking with the community.
B. Sugar-cane and ethanol production: environmental aspects
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