November 13 2017
The National Agency for Industrial Safety and the Protection of the Environment in the Hydrocarbons Sector (ASEA) recently filed the draft Emergency Mexican Official Standard NOM-EM-005-ASEA-2017 (NOM-EM-005) before the Federal Regulatory Betterment Commission. The draft:
NOM-EM-005 sets out classification criteria for the management of hazardous and special waste derived from the hydrocarbons sector. 'Hazardous' waste constitutes waste which:
'Special' waste is that which is not considered hazardous and:
Under NOM-EM-005, all hazardous waste – as well as any special waste listed in NOM-EM-005 or registered as such by the generator of the waste in its special management waste generator registry – must be subject to a waste management plan.
The types of special waste listed in NOM-EM-005 are some of those most commonly generated by hydrocarbons activities and projects, such as:
NOM-EM-005 includes a series of requisites for developing and filing a waste management plan in the hydrocarbons sector. Among other requisites, waste management plans must include the following information:
Regulated companies must file their waste management plan before the ASEA for its approval. Should a modification to the plan be necessary, approval from the ASEA will also be required.
NOM-EM-005 will be valid for six months from its date of publication in the Federal Official Gazette. The following companies must file a waste management plan before the ASEA no later than 90 calendar days from the standard's publication:
At present, NOM-EM-005 is under revision and has not been officially published; therefore, it may be subject to changes or additions before its final publication and enforcement. However, the draft provides a preview of its intended scope and application.
As a consequence of the energy reform enacted in 2013, and the creation of the ASEA as a new hydrocarbons-focused environmental agency, regulations enacted before NOM-EM-005's publication(1) continue to apply and will thus complement the specific matters that ASEA intends to regulate under NOM-EM-005. Therefore, as well as complying with their new obligations under NOM-EM-005, generators of hazardous and special waste must:
For further information on this topic please contact Brenda A Rogel Salgado, Jeanett Trad Nacif, Juan Francisco Torres Landa or Mario Jorge Yanez at Hogan Lovells BSTL, SC by telephone (+52 55 5091 0000) or email (firstname.lastname@example.org, email@example.com, firstname.lastname@example.org or email@example.com). The Hogan Lovells BSTL, SC website can be accessed at www.hoganlovells.com.
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