Ministerio del Medio Ambiente 2013 STRATEGY FOR ODORS MANAGEMENT IN CHILE ( )

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1 Ministerio del Medio Ambiente 2013 STRATEGY FOR ODORS MANAGEMENT IN CHILE ( ) Division of Air Quality, Ministry of the Environment Santiago, Chile, September 2013

2 Document endorsed by: Ricardo Irarrázabal, Undersecretary of the Environment Document reviewed by: Marcelo Fernández, Chief of Air Quality Division, Ministry of the Environment Rodrigo Benítez, Chief of Legal Affairs Division, Ministry of Environment Document prepared by: Daniela Caimanque, professional of Air Quality Division, Ministry of the Environment Julio Recordon, professional of Legal Affairs Division, Ministry of the Environment The present document was signed by the Technical Committee that participated in the drafting of the Strategy for the Odors Management, which is composed by the following persons: Carolina Ascui, Section of Waste, Division of Natural Resources, Wastes and Risk Assessment, and Pedro Navarrete, Department of Water Affairs and Aquatic Ecosystems, both of them from the Ministry of the Environment. Besides, Walter Folch, Department of Environmental Health, Division of Healthy Public Policy and Promotion, Ministry of Health; Juan Pablo Rodríguez Grez, Unit of Instruction for Penalty Procedures, Environmental Superintendence; Elizabeth Allende, Department of Research and Development of Environmental Assessment Service; Andrés León, Division of Supervision of Superintendence of Health Services; Gustavo Cáceres, Division of Renewable Natural Research Protection of Sub-Departament of Environmental Management, Agriculture and Livestock Service; Teodosio Saavedra, Division of Urban Development of Ministry of Housing and Urban Development. The Undersecretariat of the Environment began an intensive work from the second semester of 2012 in coordination with the relevant departments and sectors to be regulated in order to have a regulatory strategy for managing odors in Chile. The study entitled Background for Regulation of Odors in Chile was hired from the company ECOTEC Engineering Ltd. (contract approved by Exempt Resolution N 885 of October 22, 2012) to support the work of the Technical Committee. The Technical Committee held several meetings and site visits coordinated with the private sector and with the participation of Guilds Associations from the potentially generating sources of odor and of consultancy firms. 1 Besides, M.Sc Estela Pagans, an international specialist from the Odournet S.L. Consultancy, was contracted by ECOTEC in order to support the work. She assisted to some working meetings and also conducted three training courses for public sector professionals in Copiapó ( ), Santiago ( ) and Concepción ( ) with a total of approximately 80 participants. A dissemination workshop open to the public in general was carried out in order to report progress in developing the strategy. It was supported by ECOTEC in Santiago ( ), where there were approximately 70 participants and was attended by M.Sc Anton van Harreveld, Director of Odournet S.L, Odournet Holding BV, an active member of the working group for olfactometric standardization in Holland. Finally, for the dissemination of the draft Strategy 3 open workshops were scheduled in the cities of Santiago ( ), where was attended by M.Sc. Walter Murguía, Director and Senior Consultant, Odournet México; in Concepción ( ) and in Copiapó ( ). About 270 delegates participated in the workshop. 1 Organizations that can provide both laboratory services and/or consulting as sampling and quantification of emissions, odorant impact studies, advice on control and mitigation of odors 1

3 Summary Considering the socio-environmental conflicts caused by odors events during the year 2012, in a swine production center located in the commune of Freirina, the Ministry of Environment began the development of a Strategy for Odour Management in Chile in the second half of that year. This aims to strengthen the regulatory framework through measures in the short, medium and long term in order to quantify, control and prevent the odor generation, addressing the management of odors with a comprehensive approach. It is expected that the implementation of this strategy improves the quality of life of individuals and inserts the odors issue in the environmental management in the country. As a result of a participatory work done from October 2012 to September 2013, two pillars for odor management in Chile are established: Strengthen the existing regulatory framework with rules that allows advancing in the odors control in priority sectors and at the same time, to generate backgrounds to develop an environmental standard on odors in the near future. In parallel, increase knowledge and local capacities in this area, in order to insert the control of odors in environmental management in the country. This approach has taken into consideration the lack of records currently available in Chile. This makes impossible to set directly limits of odors in an environmental standard. Therefore, it is proposed to carry out some actions prior to the preparation of an environmental standard. To strengthen the regulatory framework, one of the first actions of the Ministry of the Environment will be to develop a Regulation on the Prevention and Control of Odors in order that sectors of potentially sources generating odors adopt improvements in technologies and practices to control and prevent odor. Thus, it is expected to lay the foundation for the development of future environmental standards on odor. The regulation will be complemented by actions related to the homologation of technical standards for standarization of odor measurement, consideration of component odors in the territorial location; potential existing environmental instruments for the control and prevention of odors, as the evaluating of projects in the framework of the System of Environmental Impact Assessment (SEIA); establish protocols for the control of odors and add a chapter regarding control and prevention of odors in the Referential Guide of Municipal Environmental Ordinance. Regarding the second pillar, the actions considered are: to increase ongoing training both in the public and private sectors, strengthening communication channels from generating sources of odors to citizenship and the inclusion of the subject in the curriculum of academic and technical programs. 2

4 1. Introduction Chile is a tri-continental country, whose territory sits on the western and southern part of South America, reaching up to Easter Island in Oceania and extends to the South in Antarctica. The country is divided into 15 political-administrative regions, being a territorial unit with its own geography and social, economic and cultural conditions in similar ranks. Its capital is the city of Santiago (Library of Congress of Chile, 2012). According to 2002 census, Chile has 15, inhabitants. Understand the geographical and climatic characteristics, the socio-demographic backgrounds, economic activities and their location in our country allow us to understand the causes of air pollution throughout the country. Thus, in the North, the main sources of contamination are from the mining sector, in the central area stands out the air pollution in the Metropolitan Region of Santiago, mainly from industry and transport, and in the Central-South country serious problem arises from the use of wood in residential heating (OECD-ECLAC, 2005). In 2010, a process of transformation of the Chilean environmental institution was concreted which began with the process of strengthening in The institution changed from a model of multi-sectoral coordination with the National Environmental Commision (CONAMA) to a more centralized model and influential in its organization with the creation of the Ministry of the Environment. The process was principal legal tool Law N of 2010, which created the Ministry of Environmental Assessment Service and the Superintendence of the Environment. Subsequently, by Law N , of 2012, the Environmental Courts were created. The air pollution legislation in Chile is varied; however, the existing national regulations on odor have few rules. There is no specific standard for odors or compounds related to them, except the Standard of Compounds Emission TRS, odor generators associated with the manufacture of sulphated pulp 2.. Moreover, jurisdictional intervention through a protection resource, complaints to the Health Authority and subsequent interventions are counted among the actions that have been taken against specific odor episodes There have been a number of landmark cases involving odor episodes in Chile, especially one of them in a pig production center located in the Commune of Freirina, in the Region of Atacama. Legal voids and technical aspects have impeded to solve or prevent effectively these socio-environmental conflicts involving productive activity, affected population, authorities and regulatory agencies. The absence of a comprehensive regulation of odors is detrimental to the development of economic activities and quality of life or people. In this context, the Ministry of the Environment initiated the development of a Strategy for Managing Odors in Chile, to meet the demand of developing a regulation on odors considering an environmental standard on odors, either an emission standard or quality. 2 SD N 37 of 2012, Ministry of the Environment 3

5 This strategy defines the general guidelines that we will have as a country to address the issue, on the basis of the national and international backgrounds available. From the principle, it was established not to limit analysis to the development of a quality standard for odor management, but to establish the steps in the short, medium and long term. This due that is a problem complex to address because of the subjectivity of the problem, variability, and the difficulties associated with environmental measurement because there is no gas indicators, as in other areas (Pagans, 2012). The development of the Strategy was launched in October 2012 and results were obtained in August During this period, regular meetings were conducted with a technical committee composed of professionals from different public agencies with competences, directly or indirectly, related to the subject of odor, as well as activities with the private sector, and exchange of experiences with international experts in the matter. This process was supported by a consultancy whose aim was to gather all the necessary background to propose a set of actions to be taken to prevent and control odors, thus insert this component in the environmental management of our country. 1.1 Sources Generating Potentially Odor in Chile Chile has an economy characterized by the explotation and export of raw materials and import of merchandise for industry and consumers. In exports activity there are products such as copper, fruit, fish products, paper and pulp, chemicals, and wine, while in imports activity there are products such as oil and derivative products, chemicals, electrical appliances and telecommunications, industrial machinery, vehicles and natural gas (ProChile, 2012). Regional factors play an important role, since Chile is a relatively narrow country that stretches from North to South, the climate and natural resources drastically change. Therefore, types of problems on odors experienced in the country can be influenced by the particularities of climate and natural resources available in each of the regions (Plusgener, 1999). This is relevant when managing the areas suitable for the activities that represent potential sources of odors. As an example, it is considered that within the meteorological factors, the predominant wind direction is an important factor to determine the distances and orientation in which they must be located odor sources with respect to population centers. According to the Background for Regulation of Odors in Chile, ECOTEC 2013, around establishments with activities that potentially create nuisance odors have been identified (see Figure N 1). Among the activities that have greater national presence are plants sewage treatment, establishments and stables for breeding and fattening of animals, tanneries, slaughterhouses and animal slaughtering centers, pulp mills, fisheries industry and processing sea products, disposal sites for waste products, among others. While these are not the only activities generating, these correspond to the main sources either by volumen, proximity to residential areas or duration of events odors. 4

6 Figure N 1: Location of establishments potentially generating odor according to activity. Source: ECOTEC

7 Ministerio del Medio Ambiente Current regulatory instruments to odors control The odors nuisances 3 have been dealt with only tangentially in the national legislation, devoting most to current atmospheric regulations to regulate the particulate matter and the generation of gases emitted by mobile and industrial sources, aimed at meeting the primary current quality standards for PM10 in Chile, PM2,5 and gases: CO, NOx, SO 2 y Ozone. As for the legal tools available to manage odors in the country, there is the Sanitary Code which gives jurisdiction to the Health Authority 4 to issue general or specific provisions as are necessary for the proper performance of the Code; conferred the duty to monitor the emission of odors, and punish. Sanctions may correspond to fines, closures, cancellation of operating licenses or permits, working stoppage, depending if it is the first infraction or is repeated. The offensive odor indicator parameter nationally is complaints or allegations made by the community to the Health Authority or other agencies (Seremi, Municipalities, etc.) which are channeled through the Health Authority. The second body of law is the Law on General Environmental Framework 5 whose main instruments include environmental quality standards, emission standards and the system of environmental impact assessment (SEIA). Regarding the existing environmental quality standards, there is no specific standard for odor control at the point of immission. In regard to emission standards, the Emission Standard of TRS compounds, odor generators, associated to manufacturing of sulphate pulp is valid, does not regulate odors but as the name implies, regulates the emission of TRS compounds as generator of this nuisance, controlling its emission at specific points of the process (M. Corona 2008). Regarding the system of environmental impact assessment (SEIA), this too allows you to enter the environmental dimension in the design and implementation of projects and activities carried out in the country; through it evaluates and certifies that initiatives both public and private sector take over of significant environmental impacts 6 that they generate or present, through mitigation measures, reparation or compensation. In this instance, is verified compliance with applicable environmental regulation. Within these significant impacts associated with the generation of odors are the health risk of the population and the significant changes in the systems of life and customs of human groups. In turn, the Superintendence of the Environment has to supervise of continued compliance with the standards, conditions and measures set out in the Environmental Qualification Resolution, measures and instruments that establish Prevention Plans and Decontamination, standards quality and emissions, and other environmental standards and instruments, which are not under the control and supervision of other State agencies. According to the provisions of Law , the Superintendence of Sanitary Services (SISS), an entity in charge of the audit of companies in the field, can propose technical standards associated with quality of service (German Engineering 2008). It should be mentioned that by 3 Provided by nuisance odors, is the odor recognized as unpleasant by one or more persons that affects the quality of life for them (UDT, 2008) 4 Formed by the Ministry of Health and its Regional Ministerial Secretariats of Health 5 Law Are those that generate or have any of the effects, characteristics or circumstances of Article 11 of Law N 19,300.

8 Ord.SISS N 1807 and N 2540, of 2012, this institution has instructed the health sector that the negative externalities generated in collection systems and wastewater treatment or sewage Treatment Plants, by failures operating, lack of maintenance and / or design problems must be addressed by companies, taking account involving a deficiency of quality service concessioned, the SISS can exercise their sanctioning powers in this regard. Municipalities, in the exercise of its regulatory authority, may issue general, mandatory and permanent rules in order to enforce the laws or fulfill the function of administration which the Constitution and laws have assigned them, resulting in the issuance of ordinances that may be related to the environmental management. Currently there are ordinances in some municipalities which establish restrictions to generation of odors that may be a risk to health or be annoying to the community; however, they are generic and lack adequate definition and appropriate classification of what is meant by nuisance odors. Regarding technical tools, it has the standard NCH3190, of 2010 Air Quality-Determination of odor concentration by dynamic olfactometry and with standard NCH 3212.c2009 on Control measures for Sewage Treatment Plants, Wastewater Treatment Plants, General guidelines on odor nuisance. The first is an adaptation of the International Standard UNE EN-13725:

9 1.3 International Criteria for Regulation of Odors Internationally, there are several experiences that have been analyzed to develop this Strategy. Besides, different analysis methods have been developed during decades of studies, such as; analysis of odorous gases, field measurements, evaluations olfactometry, statistical surveys, among others. Moreover, the rules can be oriented to the control, mitigation, measurement and determine the level of discomfort of various odors or generating sources thereof. There are differences in the regulation of odors, Japan and Netherlands being the first countries to develop policies odor in the 70s. Both with very different approaches: Japan has based its regulation on chemical analysis which defines 22 odors generating compounds the 70s. Both with very different approaches: Japan has based its regulation on chemical analysis which defines 22 odors generating compounds, while the Netherlands based their analysis on dynamic olfactometry. In the decade of the 80s Germany developed a new approach with field olfactometry. (CENMA 2011) At the level of the European Community there is no specific legislation for the control of odor pollution, but there are technical standards for measuring odors that are developed by the European Committee for Standardization (Commité Européen de Normalisation CEN). An example of these rules is found in the EN :2003 Air quality - Determination of odour concentration by dynamic olfactometry 7. It is also important to note that there is a regime of environmental licenses throughout the European Community, which also requires the consideration of environmental odors vector, among others, contained in Directive 2008/1/EC of the European Parliament and the European Council of 15 January 2008 on the Prevention and Control Integrated Pollution (Integrated pollution prevention and control IPPC), which replaced Directive 1996/61/EC of the European Council. The so called IPPC Directive applies compulsory to certain sectors of activity, sometimes with a threshold of capacity (ECOTEC 2013). With regard to specific legislation by country, the most advanced countries in normative terms are the Netherlands, France, UK, Germany, Spain, Australia, New Zealand and Canada. These countries set emission limit values but immission target values, for which they use odor units OU/m 3 98 percentilel 8, with daytime limits of perception or by frequency of odor hours or by establishing distance. (Pagans 2012) Due to the effects that cause odors in the quality of life of the population, the regulation requires odors tools to quantify, regulate and control odor emissions limits. However, while certain chemical or instrumental analysis methods can provide concentration values for selected aromatic chemicals, for purposes of comparison with the properties of smell, a detailed quantification can only be achieved by the human nose (Dames & Moore, 1997). Thus Olfactometry because it is a sensory analytical method in which the human nose itself as a detection system is used, is presented as the best choice of analytical technique for quantifying odors and basis for further regulation. 7 In Chile, it has the NCH 3190.Of2010 Measuring odor concentration by Dynamic Olfactometry, approved in the European standard. 8 The summary of International Standard may be seen in the Study ECOTEC

10 1.4 Health implications by exposure to odors in the environment Historically, it has been considered that odors are disturbing elements of human health, the latter understood in the broad sense of complete physical, mental and social wellbeing and not merely the absence of disease or infirmity (WHO, 2000). The most recurrent high concentration of odors physiological manifestations are manifested by respiratory, gastrointestinal irritation physiological symptoms, among others. The smell is one of the environmental vestors that can cause discomfort while can cause injury when exposure is frequent and repeated. These environmental vectors are called environmental stressors are included here and odor, noise, vibration and artificial light, among others. The mechanism of odor impact on health is very similar to the impact of noise. Relevant levels of exposure to environmental stressors can cause health effects at exposure levels that are below the level of causing actual physical damage to the ear or smell. Exposure to undesirable levels of noise or odors cause a crippling malaise, leadig to discomfort and pain, which ultimately can lead to higher stress levels in the exposed population. The increased level of stress in turn can lead to physiologial effects. Odor and nosie cause stress and intervene as factors in environmental health. The regulation for noise legislation is very common in many countries. Regulate odors has recently become a reality. The health implication of exposure to undesirable levels of noise and odor are, however, very similar. (ECOTEC 2013) In contrast to other air pollutants, the odor in ambient air substances often can not be determined easily and systematically by analytical methods, because concentrations are generally very low. Furthermore, the odors in the ambient air are often the result of a complex mixture of substances and it is difficult to identify individual compounds. Future studies should focus search odors perceived by people, rather than on different odorants (ECOTEC 2013). The year 2012, the Ministry of Health commissioned a bibliographic 9 analysis in order to indentify, analyze and synthesize national and international scientific evidence on the health effects of those derivatives of chronic odor generated by acute exposure or industrial activities from the past five years within its conlusions are the following points: Evidences collected so far realize that exposure of odors have been reported mainly in intensive animal production processes in plants and solid waste treatment. The reported health effects focus on specific symptoms, especially respiratory rate. It is evident that the quality of life is altered, since the changes in the patterns of daily activities and moods change. Knowledge gaps are identified, this being an area of early development, focusing on experiences very studied in the U.S. and some in Europe. We have found only one documented in Latin America experience. The number of studies that could be comparable to the national experience is limited. 9 Nuisance odors and their effects on Population Health. Literature Review for the Ministry of Health. Maria Antonieta Fortt Zunzunegui

11 2. Strategy for Odour Management in Chile 2.1 Identification of the problem In our country there are various productive and service activities that emit a range of odorous substances that create annoyance in the environment, which affect permanently the population and are detrimental to the quality of life of people. The lack of a regulatory framework makes difficult to address these conflicts because if they worsen may affect the development of economic activities and welfare of the citizenship. 2.2 Approach The approach discussed in this Strategy has taken into consideration that the lack of records currently available in Chile does not allow to directly establish an odor limit in a quality standard/environmental emission. The main difficulties in regulating odors are due to the problem of subjectivity, since the majority of the odors are complex mixtures of compounds and the knowledge of the chemical compounds present in the mixture is not necessarily an indication of the response which will lead to a human receptor. Moreover, the odor impact depends wholly owned operations of the activity, meteorological and topographical conditions of the area and the location of the receivers. Therefore, the differences we found between odors and traditional air pollutants, in terms of available measure and ease in the measure, make complex the regulation. These differences concern: subjectivity, variability, complexity of environmental measurement and the difficulty of using tracer gases. (Pagans 2012) Moreover, the figures that define our legislation: environmental quality standards and emission standards are currently inadequate to efficiently regulate odors. As for the environmental quality standards, a characteristic feature of odors problems are specific events of short duration and small extension, which cause local problems originating from identified sources emitting odors. In this context, the Prevention and Decontamination Plans 10 would be a solution to control odors in a long-term, to the detriment of the implementation of inmediate measures to those already identified sources. Regarding emission standards, the complexity expected is the application of an emission standard for diffuse sources or areas which are one of the main sources of odors, so a methodology is necessary to define a point in their measurement. In summary, the alternatives offered by the Law , specifically emission standards and quality standards are not suitable at present to regulate effectively the problem of odors. However, based on the powers of the Ministry of the Environment11, the development of intruments is proposed which, in a first step, focus on prevention and then, on progress of the correction or remediation of the problem. 10 A decontamination plan or Action Plan, is an environmental management tool that aims to recover the levels identified in the primary and / or secondary environmental quality standards of a saturated zone. The prevention plan, meanwhile, is an environmental management tool whose aim is to prevent overcoming of one or more standards of primary or secondary environmental quality in a latent area. 11 Article 70, Law 20,417 Propose policies and formulate standards, plans and programs on waste and contaminated soils and assessment of chemicals risks, genetically modified organisms and other substances that may affect the environment notwithstanding attributions of governmental agencies in health care. 10

12 2.3 Target The aim of this Strategy is to strengthen the regulatory framework through measures in the short, medium and long term to quantify, control and prevent odor generation, addressing the issue management with a comprehensive approach. The implementation of this strategy is expected to improve the quality of life of individuals, inserting odors management in environmental management in the country. 2.4 Outline Strategy The strategy includes two main pillars for management odors in Chile, each of which contains actions to be taken in time, as shown in Figure N 2. Pillar N 1: Strengthen the existing regulatory framework with regulations that provide advance in odor control in priority sectors and at the same time, generate antecedents to develop an environmental standard of odors in the near future. Pillar N 2: In parallel, increase knowledge and local capacity in this area, in order to insert the control of odors in the country s environmental management. Figure N 2: Outline of Strategy for Odour Management in Chile 11

13 2.5 Pillar N 1: Actions to strengthen the Regulatory Framework Drafting of a Regulation for the Control and Prevention of Odors Diagnosis: Currently there are legal instruments to deal with odor events, once these become claims or complaints, which are essentially reactive. The lack of regulatory framework at national level is evident regarding the measures to be implemented to control and prevent odors that cause nuisances. A regulatory framework should organize the present difference of opinion between the various regulatory agencies to regulate the actions to be performed by the emission sources. Action Line: The Ministry of Environment should create a Regulation on the Prevention and Control of Odors oriented to the sources of sectors potentially generating odors causing annoyance to the public, so that adopt its technologies and improvements in control practices and odors prevention 12. According to the revision of regulation and tools at international level, it has been established that there is a tendency to start with prevention first, and then continue with the correction or remediation of the problem. This regulation in its drafting process must contain similar stages to those of the development of environmental standards, i.e., having a stage of Draft with the formation of operational and enlarged committee, public consultation, preparation of a final draft, submitting to approval by the Council of Ministers for Sustainability, register in the comtroller and publication in the Official Journal. In terms of content should address the following aspects: A. Define the scope of application of a regulation for the control and prevention of odors, defining the regulated sources. B. Define a diagnostic mechanism of a source to be regulated to determine its impact s potentiality on the generation of odors. C. Define a mechanism for implementation of the Management Plan Odor of the regulated sources including at least control measures and monitoring of odors. C.1 Regarding control measures it should analyze the information on the international level of the best available techniques (BAT) to control odors, by sector. It should establish the minimun content of the BAT guide by sector. C.2 Regarding odors monitoring, should analyze the information internationally on the monitoring of odors, and procedures for the delivery of the results of measurements to authority. It should propose mechanisms to ensure the obligation to report the results of odors measures performing by regulated sources through Release and Transfer Register (PRTR) 13. This information will serve as a baseline for future standard odors. D. Establish control mechanism of the Regulation for the control and prevention of odors. 12 In the event that an enterprise were emitting odors, the procedures and measures to be established in the Regulation for the odors control and prevention should be supervised, that is, if there is a measure not being met under the regulation, the enterprise will be audited and eventually sanctioned. This instrument will complement the future environmental standard of odors to oversee and sanction the odors levels. 13 Website of the Ministry of Environment which provides information on releases and transfers of pollutants in the country 12

14 2.5.2 Standarization of technical standards on odor measurement Diagnosis: Nationally, the lack of standardization of odors measurement methodologies is observed. The management consulting firms odors 14 not have uniform criteria for: sampling, sample transport, time used to analysis, model used, proper interpretation, measurement period, etc. Chile has the standard NCh 3190.Of2010 Measuring odor concentration by dynamic olfactometry based on standard EN :2004 Air quality-determination of odor concentration by dynamic olfactometry ; however, it should continue standardizing technical standards in order to have a set of such rules to completely standardize the measurements. In Table N 1 some most relevant international technical standards are listed which are related to odor measurement such as environmental odors, determination of their intensity, odor thresholds, field panels, dynamic olfactometry and training of panelists, including: Table N 1: Fields of application for international technical standards. Source: ECOTEC 2013 Field of application ASTM* ISO/EN* VDI* Other NCh* Odor threshold determination Odor intensity determination ASTM E679 VDI 3881 ASTM E 544 VDI Selection and training of panelists Sampling ISO 5496 ISO 8586 EN VDI 3940 NCh 3190 VDI3880 Dynamic olfactometry ASTM E 679 EN NVN* 2820 AS/NZS* NCh 3190 Field panels pren VDI 3940 Surveys VDI 3883 *ASTM: American Society for Testing and Material. ISO: International Organization for Standardization EN: European Standard VDI: Verein Deutscher Ingenieure. NVN: Netherlands Normalization Institute. AS/NZS: Standards Australia and Standards New Zealan. NCh: Normas Chilenas del Instituto Nacional de Normalización. 14 Organizations that can provide both laboratory services and/or consulting as sampling and quantification of emissions, odorant impact studies, advice on control and mitigation of odors. 13

15 Action Line: Implement a program for standardization of technical standards, for standardization of odor measurement. The three technical standards that are identified as priorities are: A. Standardize standars of sampling methodology. Currently, the review of the standard EN is being carried out in the European Union, to include the sampling. This topic is being advanced in Germany through the VDI3880: Olfactometry Static sampling, which replaces obsolete part 2: VDI 3881, and specifies the sampling methodology for area sources, subject that had been weakly formulated in the Chilean technical standard. B. Standardize the standards field inspection panels. This methodology is useful as a tool to judge the odor concentration in the receiver. It is known and applies in Chile and worldwide through the standard VDI 3940 Measurement of odor impact by field inspection. In turn, it is working, in European levels, on a draft standard pren :2011 Air Quality-Determination of odor exposure in ambient air by using field inspection, which is the adequacy of the VDI C. Standardize standards for surveys. The technical standard VDI 3883 Quantification and effects of odors is useful for validation of complaints and denunciations, while there is no quality criterion or special protocol for monitoring, control and surveillance of offensive odors. Considering that the first two technical standards are still in development at the European level, this strategy raises start standardizing the VDI 3883 standard Quantification and effects of odors to a Chilean technical standard, under the procedures established for this purpose through the National Institute Standardization (INN). 14

16 2.5.3 Consideration of odors component in the territorial location Diagnosis: According to the background for the National Urban Development Policy , our public system in urban development is characterized by a fragmented, reactive, and centralized decision making, and by deficient mechanisms of participation. Regarding odors, sorting and territorial planning are identified as attention factors on matters of uses of soils and distances and /or buffer between sources of odors emissions and location of the population. A clear example is when the neighboring towns are getting closer to a source of odors, or when the instalation of potentially generating of odors sources have been authorized near populated areas. Currently, to the tenor of Law Nº , which amended the General Law on Basis of the Environment, territorial planning instruments are the subject of a new environmental assessment procedure, called Strategic Environmental Assessment, as defined in Article 2 Letter i bis) of the referred Act. This sets that the regional plans on territorial planning, land use plans, inter-communal regulatory plans, communal regulatory plans and sectional plans, regional plans of urban development and zoning of the coastal border, of the territory maritime and watershed integrated management or instrumens of territorial planning that replace them or systematize must always undergo to the Strategic Environmental Assessment. At the stage of approval of these instruments, it should be prepare a draft bill on policy or plan, containing an environmental report which will be submitted to the Ministry of the Environment for comments before being submitted for public consultation. Action Line: The Ministry of Environment has powers to collaborate with the sectoral ministries in the formulation of environmental criteria that should be incorporated in the development of their policies and plans; however, it is not the body responsible for the enactment of policies and plans for territorial use planning. Therefore, it is proposed in the context of this document diagnose the problem and be presented as an issue to solve. The actions to be taken at this point are: A. Establishment of a technical committee for the incorporation of odors component in the territorial location. The establishment of a technical committee formed by the Ministry of Housing and Urban Development, Association of Municipalities, Ministry of the Environment, Ministry of Health and Ministry of Economy is considered essential to this Strategy. B. Prepare an diagnosys: Through the completion of a Study prepared in a short term, by the Ministry of the Environment and supported by the members of the technical committee of above point, about analysis of sources generators of odors and distance from settlements human or nearby populations. C. Create a criteria guide for location: The objective is to improve the decision making in territorial location. To this, a criteria guide of locating sources and compatibility of soil uses must be developed, which will serve for its use under the Strategic Environmental Assessment of the instruments of Territorial Planning

17 2.5.4 Strengthen Existing Regulatory Instruments a) System of Environmental Impact Assessment: Diagnosis: In Chile, most economic activities potentially generating of odors have environmental permit, called the Environmental Qualification Resolution (RCA); however, no estimation of these is commonly done in the description of the projects that generate odor emissions and consequently, an inadequate description of the influence area is submitted, with weak or no identification of potential receptors. No prediction and evaluation of potential impacts is usually performed, due to the lack of an applicable national environmental regulations, nor efforts are observed to assess impacts considering international standards of reference. In the cases in which there are used methodologies of impacts assessment, be panels on-site (according VDI 3940) or surveys (according VDI 3883), they do not perform according to these standards, so that the results lack any validity. (ECOTEC 2013). Action Line: Develop a Methodological Guide of Odors evaluation under the System of Environmental Impact Assessment (SEIA) 16. This guide should aim at improving the efficiency of the evaluation process by standardizing criteria in the evaluation of projects, particularly for the assessment of odors related to the protection of the health of people. It must provide compiled information to owners and SEIA reviewers so that it is easily accessible. It is expected that the Evaluation Guide of Odors in SEIA enables owners and reviewers judiciously implement the tools available in the future, so that the eventual impacts of odors are assessed under the Environmental Impact Assessment and then suitable measures should be applied to take charge of these and that define adequately the monitoring plans. b) Control Diagnosis: There are legal authority and competitions in certain public organisms to regulate the generation of odors. This power is realized through a set of instruments that the law provides; however, there are disparity and defficient knowledge concerning odors in different public bodies, especially about measurement, prevention and / or available systems of control. During 2013, The Superintendence of Environment trained to professionals in their working places on dynamic olfactometry and in calibration of their olfactory based on standardnch 3190:2010 and diverse tests about odors perception on-site. The initiative has the purpose to calibrate the level of olfactory sensitivity of the inspectors, targeting the environmental inspections. Action Line: Develop a Protocol Supervision Odors It is required a tool to standarize criteria for odors supervision, so that the supervisors have some tools to validate the claims of a given population affected by a problem of odors and / or supervise commitments made by the generator sources of odor. 16 SEIA: This tool allows to enter the environmental dimension i ntyhe design and implementation of projects and activities carried out in the country through evaluates and certifies that initiatives, both public and private sector are able to meet the environmental requirements that apply to them. 16

18 The development of a Supervision Protocol is required to make this process transparent to both economic activity and citizenship, according to what will be established by the Regulations for the prevention and control of odors. This is of major importance while no objective quality criteria are established. c) Municipal Environmental Ordinance Diagnosis: There are several municipal ordinances 17 in the country, which provide basic health standards to be met by housings, establishments, commerce, industry and services installed on the territories of their respective municipalities, which have been referred to the odor emissions that are a risk to health or disturb the community; however, they are generic and do not have definitions and classifications in nuisance odors. The Law N to amend the Law on General Basis on Environment N introduced important changes in the Constitutional Organic Law of Municipalities N N , counting among them that municipalities must prepare a draft bill on environmental ordinance, instrument that concretizes a local environmental policy 18. Action Line: Add a chapter about control and prevention of odors in the Reference Guide of Municipal Environmental Ordinance. This chapter shall be proposed by the Ministry of the Environment like incorporation the noise pollution in the bylaws Municipal Ordinances. For the implementation of this activity, it is proposed, as the first instance, a collaborative work through the municipalities that have Municipal Environmental Certification System (SCAM) 19. Thus, it is expected, through working meetings, advance with a shared diagnosis of the situation in order to insert odor management in municipalities with greatest problems in this area, through a collaborative work, facing this challenge from a systematic and comprehensive perspective. 17 Municipalities, in exercise of its regulatory power, can enact ordinances and regulations. Ordinances are general standards and obligatory applicable to the community and the Odours emissions are legally subject to a municipal Ordinace which can regulate them. 18 The Ministry of Environment published in 2012 a Reference Guide of Municipal Environmental Ordinance, which is available in 19 The Municipal Environmental Certification System (SCAM) is a comprehensive volunteer system which operates throughout the national territory and is based on national and international standards such as ISO 14,001 and EMAS (Community Regulation in Eco-Management and Eco-Audit) 17

19 2.5.5 Information Gathering Diagnosis: There is currently no systematized database and official of complaints on odors throughout neither the country, nor an updated identification and georeferenced on potential generators sources of odors and from those submit complaints. Excepting some cases, there is no characterization of odors sources and their potential of odor is completely unknown. Action Line: Catastre on Odor generating sources, complaints and results of measurements. The geospatial information database from the study by ECOTEC 2013 about the potential sources of Odor generating sources is required to be completed to carry out a comprehensive odor management at the national levels. Also, this register must be maintained and updated in time, implying annually update the main sources of information to track changes in the cadastre. Moreover, the Cadastre on Odor generating sources must be created and maintain, i.e., those that have some complaints. Firstly, a prioritization of cases is required, considering the number of identified generating sources. Thus, a more intensive exchange of information with the competent authorities should be executed for the purpose of complementing digital portfolios of each establishment, starting with those of highest priority. As a result, in addition to the prioritized cadastre, a report (bibliographic) of assessment of each of the sources is required, which would produce a real diagnostic about odors problem in Chile. For the development of future environmental standard on odors, it was considered important to have a baseline for the measurement result of odors and / or odoriferous substances made by the sources, which must report the results of odors measurements under the Regulations for the Control and Prevention of Odors and through the Pollutant Release and Transfer Register (PRTR) 20. Concrete actions in the short term, with responsibility of Ministry of the Environment and in collaboration with relevant agencies, shall be the following: A. Create a centralized inventory of information regarding the complaints 21 that there are nationally about odor annoyances. B. Create an inventory of odor generating sources nationwide. C. Create a baseline for measurement result of odors and / or odoriferous substances. The responsibility to perform these actions and execution time is shown in Table N Website of the Ministry of Environment which provides information o releases and transfer of pollutants in the country 21 Regarding the centralization of information on complaints, the responsible entity will depend on the regulatory agency that define in the development of regulations for the control and prevention of odors. 18

20 2.6 Increase knowledge on the subject, Pillar N Ongoing training to professionals in the public and private sectors Diagnosis: There are no professionals specializing in odors matter in public services and only some few ones in the private sector. Currently, the academic market do not offer this speciality, therefore, professionals can only be formed through experience or outside our country. Línes of Action: Strengthening capacities in the public and the private sector. In the first phase, a general training should be made to introduce the topic concerning instruments and methods for measuring odors and their impacts (measurement techniques, sensory analysis, chemical analysis, combination of methods); models of atmospheric dispersion for odors; applicable laws and regulations regarding odors; odorant impact studies; minimization technologies and odors control, etc. It should be noted at this point the importance of increasing knowledge on factors influencing the impacts of odors. Thus, obtaining prior information to location of a potentially generating source of odor will be a tool to determine the validity of the studies which are presented in the framework of the System of Environmental Impact Assessment by the proponents. In this context, more specific trainings should be carried for the correct application of the Evaluation Guide of Odors in the SEIA and the aspects to be incorporated in future regulations for the control and prevention of odors. The Law on General Basis of Environment N , Art.70, states that it is the duty of the Ministry of the Environment perform and promote training and technical update to public officials in matters relating to the duties entrusted to the Ministry, which may also be granted to particular individuals (letter W). In this sense, the Ministry of the Environment aims to foster knowledge about odors, creating and promoting alternatives for these measures and creating tools to ongoing training on this issue. Because the odor issue is emerging in our country, the training being conducted on an ongoing basis on the subject can not be found in the domestic market. It is expected that as the actions proposed in this strategy are advancing, a greater number of alternatives to both the public and private sectors and some theoretical and practical training for understanding the subject are achieved. Along with the above, it will be appropriate to invite foreign specialists participating in workshops focused on certain sectors, or international seminars to exchange experiences in the following points: Regulation of Odors: Exchange of experiences in regulating odors internationally Technical aspects of measurement, control and prevention of Odors: Interchange of experiences concerning measurement techniques, control and prevention of odors, best available techniques implemented in areas of interest such as wastewater treatment Plants, Pulp mills, Breeding of animals (mostly pigs), Fishery plants, Waste final disposal or another. 19

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