Análise da Avaliação de Resultado Regulatório (ARR) da Norma de Referência ANA nº 1/2021 para os serviços de manejo de resíduos sólidos urbanos em uma agência reguladora intermunicipal em Minas Gerais

Abstract

The management of municipal solid waste (MSW) in Brazil, despite being an issue of undeniable relevance to public health and the environment, still faces significant challenges. In 2010, the National Solid Waste Policy (PNRS) was established by Federal Law No. 12,305, initiating public policies exclusively focused on urban cleaning services and solid waste management in Brazil. However, the economic-financial sustainability of management systems and the adequacy of service provision remain areas of concern. Data from the National Sanitation Information System (SNIS) show that 19.8 million Brazilians still lack access to collection services and that 70.1 million tons of waste are disposed of in soil, highlighting the urgent need for advances in this area. The Reference Standard (RS) - Resolution No. 79/2021, issued by the National Water and Basic Sanitation Agency (ANA), seeks to provide guidelines for the structuring and definition of charging parameters for public solid waste management services, aiming at their long-term sustainability. The importance of this standard is evident when, according to SNIS 2022 data, about 44.0% of participating municipalities charge for services, and only 53.8% of expenses are covered by the revenue collected. In this regulatory context, ex-post regulatory impact assessment (RIA), regulated by Decree No. 10,411, emerges as a fundamental tool to assess the efficiency and effectiveness of regulations. In light of the above, this work aims to evaluate the result of the regulatory impact of updating the legal framework for sanitation in urban solid waste management services with an emphasis on ANA Resolution No. 79/2021 of an intermunicipal regulatory agency in Minas Gerais. The study was conducted using a case study methodological approach, combining quantitative and qualitative elements. Secondary data from the National Sanitation Information System (SNIS) were used, and a SWOT analysis was conducted to identify the strengths and weaknesses of the Resolution, considering the perspectives of municipal managers and regulatory agency experts. In conclusion, it was found that SNIS data emphasize the importance of financial analysis in municipal solid waste management, highlighting a mismatch between revenue and expenses. Resolution No. 79/2021 has contributed to achieving municipal financial sustainability, although challenges such as understanding the norm and legislative resistance to charging persist. Training and dialogue are crucial to raise awareness among stakeholders. The reference protocol developed in this study can guide regulatory agencies in assessing compliance with ANA regulations and driving progress in basic sanitation.