We would like to ensure that you are still receiving content that you find useful – please confirm that you would like to continue to receive ILO newsletters.
13 November 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.
The materials contained on this website are for general information purposes only and are subject to the disclaimer.
ILO is a premium online legal update service for major companies and law firms worldwide. In-house corporate counsel and other users of legal services, as well as law firm partners, qualify for a free subscription.