Análise do licenciamento ambiental de usinas fotovoltaicas no Brasil: proposta de regulamentação a nível nacional

Abstract

Photovoltaic power generation has been growing significantly in Brazil, where it has great potential. It is expected that the installed capacity of photovoltaic power plants (PVPP) will exceed 3 GW within a few years. This technology is known to have less environmental impacts than other traditional forms of energy generation, such as thermal or hydroelectric plants. However, like any anthropic intervention, the environmental impacts connected to these power plants should not be neglected, but should be considered in the environmental licensing process. In Brazil there is no federal legislation establishing the legal framework of these type of power plants, nor the criteria or requirements for their licensing. Some Brazilian states have created their own legislations, whose criteria and level of requirements adopted differ widely. This lack of national standardization causes disparity between states, insecurity of licensing agencies, difficulty in analyzing and approving environmental studies, increasing costs and deadlines, and even has turned many projects unfeasible due to the lack of licenses. Therefore, the goal of this study was to produce a draft resolution and respective Term of Reference (TR) to establish federal level requirements for licensing of PVPPs. Three themes were addressed: 1) environmental licensing in Brazil and its basic legislation; 2) specific environmental aspects and impacts of photovoltaic plants; and 3) analysis of state legislations regarding the environmental licensing of PVPPs in 12 states, where the development of this type of generation is planned. Next, the legislations were compared, to base the proposal of clear, objective and standardized criteria for the legal framework of PVPPs licencing. It is proposed to classify the PVPPs as having low environmental impact, with simplified licensing, issuing Preliminary and Installation License in a single step. The proposed criteria for classification in terms of size are the installed power and the directly occupied area. Regarding the polluting potential, the criteria are the need to suppress native vegetation (and / or in a permanent preservation area - APP); and the location in areas of environmental fragility. The joint evaluation of these criteria defines the type of environmental study required as a licensing subsidy: complete EIA – Environmental Impact Assessment; or RAS - Simplified Environmental Report, according to CONAMA Resolution 279/2001. The main aspects and environmental impacts of the PVPPs that should be addressed in these studies are listed. Finally, a draft resolution and Term of Reference, for adoption at the national level, are proposed. This unified legislation is a tool to promote both the development of projects of photovoltaic plants and the protection of the environment by minimizing their potential environmental impacts.