**4.6 Brazil**

The current Brazilian Constitution, promulgated in 1988, deals with the environment specifically in its Article 225. Among other aspects, this article refers to the concept of sustainability, in line with what was presented by the United Nations World Commission on the Environment and Development (WCED/UN, 1987), according to which all people have the right to an ecologically balanced environment, essential to a healthy quality of life, and the government and the community have the duty to defend and preserve it for present and future generations. It is also determined that public authorities must require the

Fig. 15. Projections for distribution of power plants in the United States

**Avg. capacity (MW)** 

< 25 193 45 15 2,849 1% 11.154 25 - 49 108 42 38 4,081 1% 11.722 50 - 99 162 47 75 12,132 4% 11.328 100 - 149 269 49 141 38,051 12% 10.641 150 - 249 81 43 224 18,184 6% 10.303 > 250 453 34 532 241,184 76% 10.193

Besides this, the rules will establish an emissions guide for existing units. The Agency is slated to present the proposed regulations in September 2011, and discussion is scheduled to

The current Brazilian Constitution, promulgated in 1988, deals with the environment specifically in its Article 225. Among other aspects, this article refers to the concept of sustainability, in line with what was presented by the United Nations World Commission on the Environment and Development (WCED/UN, 1987), according to which all people have the right to an ecologically balanced environment, essential to a healthy quality of life, and the government and the community have the duty to defend and preserve it for present and future generations. It is also determined that public authorities must require the

**Total capacity (MW)** 

**Share** 

**Avg. thermal efficiency (Btu/KWh)** 

**Avg. age (years)** 

Totals 1,266 316,480

last until May 2012, when the final versions will be presented.

Table 3. Coal-fired power plants in the United States - Source: US EPA (2011b)

Source: US EPA (2011b)

**Number of units** 

**Capacity (MW)** 

**4.6 Brazil** 

preparation and publicity of environmental impact studies for all activities that can potentially cause degradation of the environment. CCS can fit under this because although the aim is to benefit the environment by reducing the concentration of CO2 in the atmosphere, it can also bring possible negative impacts that must be dealt with through preventive and/or mitigating measures.

Law 6,938/81 established the National Environmental Policy and created the National Environmental System (*Sistema Nacional do Meio Ambiente* - SISNAMA). Within the SISNAMA structure, the National Environmental Council (*Conselho Nacional do Meio Ambiente* - CONAMA) was created as the consultative and deliberative entity of the SISNAMA. CONAMA issues resolutions that create general guidelines, rules and standards.

CONAMA Resolution 01/86 contains the definitions, responsibilities and basic criteria for the use and implementation of environmental impact assessment. To build and operate any project involving an activity considered potentially polluting, it is mandatory to prepare an environmental impact study (*Estudo de Impacto Ambiental* - EIA) and accompanying environmental impact report (*Relatório de Impacto Ambiental* – RIMA). The activities listed as potentially polluting that are related to an CCS project are: (a) gas pipelines; (b) extraction of fossil fuel, which would apply in the case of using the CO2 captured for enhanced oil recovery (EOR); (c) power plants, applicable in case of capture of exhaust gases from these plants; and (d) industrial plants, which would apply to a wide range of industrial activities, both in the petroleum industry (refineries, fertilizer plants, coal gasification plants) and others (steel mills, cement factories, chemical plants, etc.). Presentation of the EIA/RIMA set is a mandatory step of the licensing by the environmental agency (federal, state or municipal) and besides setting out the magnitude of probable impacts (positive and negative), muse define the mitigating measures of the negative ones.

Annex I of CONAMA Resolution 237/97 lists which activities need to be licensed at the federal, state or municipal level. Projects whose "environmental impacts exceed the territorial limits of the country or of one or more of its states" fall under the remit of the Brazilian Institute of the Environment and Renewable Natural Resources (*Instituto Brasileiro do Meio Ambiente e dos Recursos Naturais Renováveis* - IBAMA), the federal environmental agency. Therefore, except for very small CCS projects, federal licensing is required.

Law 9,605/98, known as the "Environmental Crimes Law", defines these crimes and the penalties that can be imposed on companies and individuals to deter commission of acts harmful to the environment. For individuals found liable, the penalties include imprisonment or other restriction of rights and fines. Companies that commit environmental crimes can receive fines and temporary or even permanent interdiction of activities. As far as the duty to pay compensation for damages, the general rule is strict liability, under the polluter pays principle, whereby the polluter is obligated to repair the damage caused to other parities and the public at large, regardless of blame or intention – it is enough to have caused the damage. So, if a company commits an environmental crime and it can be established that the owners, officers/managers acted negligently or with willful misconduct in the commission of that crime, they can be held personally liable.

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