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:
- establishes the criteria for classifying types of special and hazardous waste derived from the hydrocarbons sector;
- determines which types of waste are subject to a waste management plan; and
- details the procedures for formulating such a plan.
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:
- possesses a corrosive, reactive, explosive, toxic, flammable or infectious trait; or
- is considered hazardous under the applicable regulations.
'Special' waste is that which is not considered hazardous and:
- is expressly listed within the scope of NOM-EM-005; or
- constitutes solid urban waste with an annual generation rate of more than 10 tons.
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:
- drilling cuttings; and
- non-hazardous waste that has been in contact with extraction fluids.
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:
- the name of the technician at the filing company responsible for the plan's implementation;
- whether the plan's modality is 'individual' (ie, covering a single company) or 'collective' (ie, covering several companies);
- details of each type of waste generated – whether hazardous or special – including the particular characteristics of each;
- a flowchart detailing the generation of the different types of waste within the corresponding process;
- the processes to which the waste will be subjected (eg, collection, recycling, co-processing, treatment and incineration) and the authorised third party responsible for each process.
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:
- companies that have already registered a special management waste plan with the local authorities;
- companies that have already registered a hazardous waste management plan before the Federal Ministry of Environment and Natural Resources; and
- companies that have yet to register a waste management plan.
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:
- continue to observe the applicable provisions of the existing regulations;
- deliver and handle both types of waste with companies authorised by the ASEA; and
- continue to comply with their record-keeping and reporting obligations.
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 (email@example.com, firstname.lastname@example.org, email@example.com or firstname.lastname@example.org). The Hogan Lovells BSTL, SC website can be accessed at www.hoganlovells.com.
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