In Mexico, the environmental statutes are administered, as set forth in the Mexican Constitution, in partnership between the federation, states and the municipalities. Consequently, there is a vast amount of legislation ruling environmental matters owing to the federation, states and municipalities having powers to redact and enact their own environmental laws, regulations and standards. In this regard, the Mexican environmental legal framework is complex and extensive.
In addition, in the past six years, the Mexican environmental legal framework has undergone important modifications.
In 2011, and owing to the human rights reform, the Federal Code of Civil Procedure was modified to contemplate collective actions, and promotion of the defence of affected interests and rights of a collective in matters of consumer relations of goods or services, public or private and in regard to the environment.
The Federal Law for Environmental Liability was published (on 7 June 2013) and entered into force on 7 July 2013. This law foresees the action to claim environmental liability for causing an environmental damage.
During mid-2013, there was a major reform in the energy sector. One of the most important contributions in said reform was the creation of a new government entity specifically created to regulate and verify compliance of all environmental and safety matters and regulations within the hydrocarbon sector, the National Agency for Safety, Energy and Environment (ASEA). Since its creation, ASEA has issued the required regulations and norms to provide the technical elements for the industrial and operative security, as well as the protection of the environment for the development of hydrocarbon activities, in order to promote, leverage and develop such activities in a sustainable way.
Ii LEGISLATIVE FRAMEWORK
The main environmental statutes and regulations currently in force that set forth the basis for federal, state and municipal enforcement are as follows:
- a the Mexican Constitution;
- b the General Law for Ecological Balance and Environmental Protection (LGEEPA), and its regulations;
- c the General Law for the Prevention and Comprehensive Management of Wastes and its regulations;
- d the Federal Environmental Liability Law;
- e the National Water Law and its regulations;
- f the General Law for the Sustainable Forestry Development, and its regulation;
- g the Wildlife Law, and its regulation;
- h the Law of the National Agency for Industrial Security and Environmental Protection for the Hydrocarbons Sector;
- i the Biosecurity of Genetically Modified Organisms Law and its regulations; and
- j the Mexican Official Standards (NOM) and Mexican Standards (the former are mandatory and the latter voluntary, unless there is no NOM published on the subject).
In addition, at a local level, states and municipalities have their own legal framework, always in accordance with the federal legal framework.
IIi THE REGULATORS
Concerning regulatory authorities, a similar situation presents itself as the federation, the states and the municipalities may enforce their regulations through their own environmental authorities. However, at the federal level, the most important environmental authority is the Environmental and Natural Resources Ministry (SEMARNAT) together with the agencies that have specific powers on environmental matters, such as:
- a the Federal Environmental Protection Agency (PROFEPA) – verification, vigilance and enforcement of the law;
- b the ASEA – verification, vigilance and enforcement of the law within the hydrocarbon sector;
- c the National Water Commission (CONAGUA) – verification, vigilance and enforcement of the law concerning water consumption, wastewater discharge and occupancy of federal property; and
- d there are administrative offices that aid SEMARNAT in the enforcement of the law, such as the National Forestry Commission and the National Institute of Ecology and Climate Change.
The enforcement of environmental matters is a federal, state and municipal joint task. At the federal level, SEMARNAT is in charge of ensuring environmental compliance and sustainable development.
In order to exercise its authority, it is supported by the following agencies:
- a PROFEPA: its main function is to ensure compliance with environmental laws and contribute to sustainable development by conducting environmental audits, inspections and imposing sanctions.
- b ASEA: it regulates, supervises and even imposes sanctions regarding environmental protection related to hydrocarbon activities, including air emissions, wastes and environmental impact aspects.
- c CONAGUA: its main purpose is to administer and preserve national waters to achieve the sustainable use of this resource. It grants permissions and concessions for the use of water resources and has the power to inspect in order to monitor compliance with regulations related to water and water pollution.
At local level both states and municipalities have environmental ministries or offices aided in many cases by environmental protection agencies (following PROFEPA’s structure).
The enforcement of environmental regulations is mainly executed through the following methods.
i Permits and licences
There are a number of mandatory permits and licences to be obtained by private parties depending on the characteristics of the project or activity to be executed by said party, which are granted by the regulating authorities whenever the projects comply with certain conditions and requirements (legal requirements). The detection of irregularities in the requirements necessary for granting permits and licences is the first assessment of environmental legal compliance.
ii Terms and conditions
Regulating agencies when granting permits and licences impose certain terms and conditions, aimed at observing the principles of environmental protection and reduction of pollution, which holders of said permits and licences must observe during the time they operate their project or carry out their activities.
The regulating agencies are empowered to order inspections in order to determine if environmental regulations are being observed and complied with. If not, authorities may require the inspected party to immediately adopt corrective or urgent measures needed in order to comply with applicable laws and regulations, or begin administrative proceedings for the imposition of sanctions; or even inform the Public Prosecutor about any violations observed during the inspection that may constitute a criminal offence.
Nowadays, vigilance authorities from the three government levels (federal, state and municipal) develop their inspections and visits in accordance with the procedures established by their own applicable laws.
However, as this situation has proven to be unhelpful with regard to the legal certainty of the individuals during the development of the inspection visits, there is an Amendment Initiative of the LGEEPA (Amendment), which has already been approved by the Mexican Senators (on 28 September 2017) and is now being discussed by the Mexican Deputies.
This Amendment has the purpose, among other things, of consolidating the administrative procedures of environmental inspections from two aspects: horizontal and vertical.
The horizontal aspect seeks to consolidate a sole administrative procedure of environmental inspection for all the instruments (required permits, licences and authorisations) that are established in federal environmental law (exclusively ruled by the LGEEPA).
On the other hand, the vertical aspect is intended to consolidate a sole administrative proceeding for the operation of the vigilance authorities from the three governmental levels.
Therefore, if approved, the amendment would allow the vigilance authorities, from whatever government level, to use a sole and single inspection procedure to verify the compliance with the law that each authority has the power to enforce.
iv Sanctions and remedies
As a result of administrative proceedings, the authorities may impose sanctions, such as:
- a fines up to 50,000 days of minimum wage (approximately US$188,245);
- b closures (temporary or definitive);
- c administrative arrest for up to 36 hours;
- d seizure, suspension or annulment of permits and authorisations; and
- e confiscation of instruments, specimens, products or by-products directly related to infractions relative to forest resources, species of flora and fauna or genetic resources.
v Judicial proceedings
Environmental proceedings can be civil, criminal or administrative in nature. The majority of proceedings are administrative in nature. Therefore, the Administrative Court has created ‘Special Halls on Environmental and Regulatory Matters’ in order to give a technical and specific attention to environmental cases. Judicial proceedings can be accessed both by private parties against regulators for infringement of their rights or by regulators themselves (i.e., environmental damage and environmental liability actions).
vi Collective actions
Owing to the reform in 2011 of the Federal Code of Civil Procedure, civil actions were incorporated into the Mexican legal framework (the Fifth Book of the Code). These actions proceed in two matters:
- a consumer protection matters – ‘consumption of assets and services, public or private’; and
- b environmental matters – ‘the environment’.
In this regard, collective actions can be brought to: (1) protect diffuse and collective rights and interests (i.e., those that are held by undetermined individuals that belong to a group due to factual or legal reasons); and (2) protect individual rights and interests with a collective incidence (i.e., those that are held by determined individuals that belong to a group due to legal reasons).
vii Environmental liability actions:
On the other hand, owing to the creation and publication of the Federal Environmental Liability Law in June 2013, both private and public parties were granted with the right to enforce environmental liability actions against parties causing environmental damage so that the latter can be repaired or compensated and the responsible party judged for causing it.
Both actions (collective and environmental liability actions) empower NGOs to enforce them on behalf of either the affected communities or on behalf of the individuals belonging to an affected community, that is, on behalf of those whose rights were violated as long as certain conditions are met (i.e., they were legally incorporated one year prior to exercising the action).
viii Public consultations
This is a preventive incidence method granting NGOs and particular parties the right to be involved in the administrative process of approving the development and operation of certain project or activity. Environmental legislation foresees stages when proceedings are opened to the public so that they can submit their opinion on the matter (i.e., environmental impact assessments or social impact assessments).
In addition, it cannot go unrecognised that NGOs have always played a strong influencing role when setting environmental policy and legislation as they, either formally or informally (nowadays social media participation and pressure is forceful), collaborate with our legislative powers (both federal and local) to prepare and push for initiatives to be approved and enforced.
V REPORTING AND DISCLOSURE
Holders of environmental permits or authorisations are required to file reports before either federal or local environmental authorities on a regular basis with the purpose of proving the fulfilment of the conditions set forth in such permits and authorisations. At federal level, this report is filed through federal annual operating reports and at local level similar reports have been implemented.
Technical evidence supporting the information included in the report must also be filed before the authority for its review (i.e., wastewater or atmospheric emission tests that are carried out to determine if these emissions are within the maximum permissible levels of pollutants set out in the applicable Mexican Official Standards). When the technical evidence shows that the maximum permissible levels of pollutants have been exceeded, then they can be used by the authorities as a basis to initiate an administrative law procedure against the holder and impose a penalty for the violation.
Pursuant to the regulation ruling the transfer of polluted land, the party who transfers the ownership of a polluted land is required to disclose to the prospective purchaser the information concerning the environmental conditions of the land to be transferred. The statement of the landlord on the environmental conditions of the land must be incorporated in the agreement by means of which the ownership is transferred. Prior to transferring the ownership of polluted land, both parties are compelled to obtain a polluted site transfer authorisation from SEMARNAT.
Likewise, the generator of or person responsible for handling hazardous wastes or materials are obliged to notify PROFEPA on the releases, infiltrations, discharges or leaks of any of these materials or wastes that occurred by fortuitous events or force majeure, unless the affected surface is under one cubic metre. This notice must be given immediately after the event occurred and filed in writing no later than three business days from the day on which the event took place.
Vi ENVIRONMENTAL PROTECTION
The Mexican Environmental Legal Framework is comprised of a set of both federal and local dispositions ruling the permitting regime. Being that natural resources and environmental protection is a subject of concurrent jurisdiction, as set forth in Article 73 of the Mexican Political Constitution, the federation, states and municipalities are empowered to rule and issue legal dispositions on different topics of said subject. The LGEEPA sets forth the topics and boundaries of the scope of action that the federation, states and municipalities have. In addition, all of the regulations regarding environmental protection, regarding the hydrocarbons sector, have been covered exclusively by ASEA; therefore, specific permits for the development of activities in such sector must be handled and obtained from ASEA.
In this regard, the main topics for which specific permits are required are the following:
- a environmental impact;
- b environmental risk;
- c air emissions;
- d hazardous waste;
- e special handling and solid waste;
- f water; and
- g wastewater discharge.
Integrated permitting regime
There is an integrated permitting regime at federal level for sources under federal jurisdiction that covers air emissions, national water consumption and wastewater discharge into bodies of water under federal jurisdiction, as well as generation of hazardous wastes. This integrated permitting regime is covered by the sole environmental licence, which is granted by SEMARNAT on a permanent basis unless there is a modification to increase production, extend the facilities or change the corporate name.
Nonetheless, the activities executed by sources under federal jurisdiction must present activity reports on an annual basis. These reports are known as annual operating reports (COAs).
Separate permitting regime
If an activity does not cover all of the above-mentioned topics, separate permits must be obtained to comply with the legislation:
- a an environmental impact and risk authorisation;
- b an accident prevention plan approval (for high-risk activities as set forth in the first and second lists of high-risk activities);
- c register as a hazardous waste generator;
- d a hazardous waste-handling plan;
- e a concession title to extract national waters; and
- f a federal permit to discharge wastewater.
In addition, and as previously mentioned, states and municipalities have their own permitting regimes covering the subjects under their jurisdiction (i.e., local environmental impact and risk, special handling and solid wastes, wastewater discharge into municipal drainage systems), except for those regarding environmental protection in the hydrocarbons sector, which is now being administered exclusively by the federal authorities (ASEA). Some states and municipalities do have integrated permitting regimes (i.e., Mexico City through the local sole environmental licence or the state of Mexico in several municipalities through the municipal environmental licence) while others grant separate permits for each subject.
i Air quality
The Mexican environmental legal framework protects air quality from both fixed and mobile air emission sources. As set forth in Sections II and VI, above, both the federation and the states have power to regulate on the matter. The federation regulates the following activities and industrial sectors: hydrocarbons, chemical, painting and ink, metal, automotive, cellulous and paper, asbestos, glass, electric energy generation, and hazardous waste treatment.
States are empowered to rule on fixed sources that are not part of the aforementioned sectors under federal jurisdiction as well as mobile sources located within their territories.
Fixed sources are compelled to secure the permits as follows.
Federal fixed sources must secure the federal sole environmental licence, which, as identified above (see Section VI), is granted by SEMARNAT on a permanent basis unless there is a modification to increase in production, facilities’ extension or change in corporate name and is actually a comprehensive permit covering, in addition to air emissions control, topics such as environmental impact and risk, hazardous waste generation, and national water extraction.
In addition, activities executed by sources under federal jurisdiction must present activity reports on annual basis. These reports are known as COAs.
Local fixed sources must secure local environmental licences that are commonly under a separate permitting regime and must be renewed on an annual basis. Since each state is autonomous, laws, permits and authorisations may vary from state to state.
At a local level, activity reports must also be submitted on an annual basis before the environmental agencies of the corresponding states.
Notwithstanding the foregoing, all fixed sources must comply with certain obligations such as monitoring its air emissions and carrying out periodic analysis to confirm compliance with Mexican Official Standards that set forth the maximum permissible levels of pollutants that fixed sources are allowed to release.
Finally, and deriving from the United Nations Framework Convention on Climate Change, the Kyoto Protocol, the 2014 COP20 in Lima, Peru, and the 2015 COP 21 in Paris, in November and December 2015, the Mexican legal framework is also regulating said emissions by incorporating a national database of greenhouse gas emission sources, the National Emissions Registry, and by obliging said sources to present an annual report through the COA when generating greenhouse effect gases and compounds in amounts equal to or more than 25,000 tons of carbon dioxide.
ii Water quality
In accordance with Article 27 of the Constitution, bodies of water within the Mexican territory are national assets. In such regard, and as set forth in the National Waters Law, the primary regime for water consumption and water pollution, the following activities require authorisation from the National Water Commission:
- a national water consumption (superficial and underground water);
- b wastewater discharges into bodies of water under federal jurisdiction; and
- c occupation of federal property.
In order to carry out said activities concession titles must be obtained, which are granted to private entities and individuals interested in carrying out the activities enlisted above for periods commonly going from 10 years to 30 years.
There are certain obligations for holders of concession titles, as detailed below.
National water consumption
Quarterly consumption reports must be prepared and filed before the National Water Commission.
Governmental fees for national water exploitation must be covered on a quarterly basis.
In the event that the concessionaire does not extract the total volume of water granted under concession for a period of two consecutive years, a non-cancellation guarantee fee must be covered and an application for a cancellation interruption certificate must be filed before the National Water Commission to avoid said authority cancelling the unexploited volumes.
Wastewater discharge permit
In order to be granted a wastewater discharge permit it is necessary to comply with the Mexican Official Standards that set forth the maximum permissible levels of pollutants to be discharged into bodies of water under federal jurisdiction (NOM-001-SEMARNAT-1996) or with the specific discharge conditions imposed in the permit.
Periodic analysis of the wastewater being discharged must be carried out and the wastewater must be treated prior to the discharge.
Government fees in the event of discharging wastewater with surplus pollutants must be covered and a COA must be filed on an annual basis.
With regard to water supply and sewerage and drainage services, permits and agreements must be obtained or entered into with the local authorities (either state or municipal organisms), however, obligations also arise as follows.
The terms and conditions of the water supply agreement must be complied with and the government fees for the water supply service covered.
Local wastewater discharge permit
The Mexican Official Standards, which set forth the maximum permissible levels of pollutants to be discharged into sewerage and drainage systems (NOM-002-SEMARNAT-1996), or the specific discharge conditions imposed in the permit must be complied with.
Periodic analysis of the wastewater being discharged must be carried out and the wastewater must be treated prior to the discharge.
Government fees in the event of discharging wastewater with surplus pollutants must be covered.
SEMARNAT published in 1996 the First and Second Listings of High-Risk Activities, which set forth those activities that are considered as high-risk activities because of the use of hazardous substances and materials in amounts exceeding the thresholds foreseen in said listings.
Those wishing to engage in high-risk activities must secure various authorisations, approvals and insurances in order to comply with the applicable legislation and to work in preventing any potential hazard or damage to the environmental or to human health.
Those wishing to carry out high-risk activities must prepare, prior to starting operations, an environmental risk study, which must be submitted before SEMARNAT for approval.
An accident prevention plan is also mandatory. Said plan must be submitted for SEMARNAT’s review in order for it to determine if the actions foreseen within are sufficient to attend any accident, incident or contingency that may arise because of the handling of the hazardous substances and materials.
An environmental liability insurance policy must be hired to cover any accident, incident or contingency potentially arising from the daily activities and operations with hazardous substances and materials.
The aforementioned permits are independent from any other permit, licence, authorisation or record that the activity may require in regard to civil protection and safety in the workplace, which are subjects ruled on locally by the civil protection agencies and by the Ministry of Labour.
Finally, it must be noted that activities using hazardous materials and substances in amounts below the thresholds set forth in the First and Second Listings of High-Risk Activities will not be under federal jurisdiction, but nonetheless, they are regulated by state authorities and must secure the corresponding permits and authorisations from the environmental agencies on the jurisdiction where they are located.
iv Solid and hazardous waste
Wastes’ generation is ruled, in accordance with the General Law for the Prevention and Comprehensive Management of Wastes and its Regulation, by both SEMARNAT and local environmental agencies as follows.
Hazardous waste is a subject under federal jurisdiction and as such all generators of hazardous wastes must:
- a register as hazardous waste generators;
- b obtain hazardous waste handling plan approval (if the entity or individual generates 10 or more tons of hazardous waste per year); and
- c have an insurance policy (if the entity or individual generates 10 or more tons of hazardous waste per year).
The aforementioned records and approvals may be secured through the sole environmental licence (see Section VI, above) or individually.
In addition, the following obligations are triggered:
- a keep a generation logbook;
- b hire the services of companies authorised by SEMARNAT to provide the services of recollection, transport and disposal of hazardous waste;
- c keep the manifests of recollection, transport and disposal of hazardous wastes provided by the hired providers of services; and
- d file the COA on an annual basis (in the event that the entity or individual generates 10 or more tons of hazardous wastes per year).
Solid and special handling waste is regulated by local authorities and therefore, the permitting regime may vary from state to state; however, the most common permits and obligations for solid and special handling waste generators are as follows.
It is necessary to register as a solid and special waste generator and to have a solid and special waste handling plan (when generating 10 or more tons of waste).
Obligations for permit holders
- a keep a generation logbook;
- b hire the services of companies authorised by local environmental agencies to provide the services of recollection, transport and disposal of wastes;
- c keep the manifests of collection, transport and disposal of waste provided by the hired providers of services; and
- d file on an annual basis the local annual operating report (in the event that the entity or individual generates 10 or more tons of waste per year).
v Contaminated land
The subject of contaminated land with hazardous wastes or materials is under the jurisdiction of SEMARNAT, the agency responsible for granting the authorisations required to clean up contaminated land, which works jointly with PROFEPA as the agency in charge of enforcing the provisions set forth either in the applicable legal provisions or in the authorisations themselves.
As a general rule, the party causing the pollution of land is responsible for implementing the necessary actions for its remediation; however, the fulfilment of these obligations can also be claimed from the owner or tenant of the polluted land, since they are jointly and severally liable for the fulfilment of this obligation by provision of law. When the pollution was not caused by the owner or tenant, they have grounds to claim from the polluter the reimbursement of the costs and expenses associated with the remediation actions; however, they cannot cast off from any responsibility before the authorities.
The party responsible for carrying out the remediation actions is obligated to file before SEMARNAT a remediation plan proposal for its review and approval. Once the plan is approved the responsible party is authorised to implement it through a service provider duly approved by SEMARNAT. The execution of the remediation plan is supervised by PROFEPA.
In order to minimise the risk of acquiring the liability of remediating a polluted land by a third party, it is always advisable to conduct Phase I and II environmental site assessments, the later only if required, as part of the due diligence process for real estate transactions, complemented with strict environmental clauses in the corresponding agreements.
The reparation or compensation of the damages caused to the environment or any of its elements (i.e., atmosphere, water, soil, biodiversity, etc.) can be claimed under the provisions set forth by the Federal Law of Environmental Liability independently of any other liabilities that may arise.
The action ruled by the Federal Law of Environmental Liability can be filed before a judicial court by PROFEPA, the local environmental protection agencies, individuals who live in the community within or adjacent to the area where the damage occurred and Mexican NGOs focused on the protection of the environment, only when representing a member of the affected community.
Because of this action, the person responsible for causing the damage could be sentenced by the court, first and foremost, to repair the damage. Only when the damage cannot be repaired, either totally or partially, must the responsible person compensate it, totally or partially. In addition, when the damage derives from a wrongful wilful conduct, the court can impose an economic sanction that can add up to approximately US$2.4 million.
VII CLIMATE CHANGE
On 10 October 2012, the Climate Change General Law entered into effect, which, broadly speaking, rules the mitigation and adaptation measures for climate change, creates the National Emission Registry, and promotes the transition towards a competitive, sustainable and low-emission economy.
Most of the provisions set forth by the law do not foresee obligations to be observed by private parties but rather goals to be achieved by the governmental agencies.
The only obligation that private parties must comply with is related to providing information to the National Emission Registry, in which the greenhouse gas emissions produced by certain fixed sources must be recorded when they are equivalent to 25,000 tons of carbon dioxide per year. The list of fixed sources of pollution that falls into the scope of the Climate Change General Law is contemplated by its regulations and they belong to the energy, industrial, transportation, agriculture, wastes, trade and services sectors. The greenhouse gas emissions that must be recorded are, among others, carbon dioxide, methane, nitrous oxide, black carbon, fluorinated gases, sulphur hexafluoride, nitrogen trifluoride, halogen ethers, halocarbons, any mix of the before mentioned gases as well as other gases identified by the Intergovernmental Panel on Climate Change. This report must be filed through the federal annual operation report.
Since 2015, all fixed sources generating 25,000 tons or a higher amount of carbon dioxide per year are obligated to submit an emission report through the COA on annual basis; in addition, every three years they are obligated to submit an expert opinion prepared by a verification unit authorised by SEMARNAT.
VIII REGULATIONS FOR THE HYDROCARBONS SECTOR
As already stated, ASEA was created to issue the required regulations and norms to provide the technical elements for industrial, operative security, and the protection of the environment, as well as to verify, supervise and enforce the law for the development of hydrocarbons activities. The following regulations and norms were recently issued by ASEA:
- a An executive agreement regarding the content of the regulations, Mexican Official Standards and other dispositions for air emission, discharges, use of natural resources and, in general, all the relevant environmental impacts that may occur as a result of facilities and activities performed in an LPG gas service station, to be presented in a preliminary report with regard to the Environmental Impact Evaluation (Service Stations).
- b General executive rules that establish guidelines for:
• the development, implementation and authorisation of administration systems of industrial, operative and environmental security and protection, applicable to certain hydrocarbons sector activities;
• the minimum requirements of insurances that the regulated parties require for the development of works and activities of exploration and extraction of hydrocarbons, as well as the treatment and refining of petroleum and natural gas processing;
• the authorisation, approval and evaluation of the performance of third parties regarding industrial and operative security and environmental protection in the hydrocarbons sector;
• informing ASEA about incidents and accidents (first format, event control information, monthly consolidation information, immediate notice, formalisation of the notice);
• the regulated parties that develop investigations on the causes of incidents and accidents that occurred in their facilities;
• industrial and operative security and the environmental protection in the activities of recognition and superficial exploration, exploration and hydrocarbons extraction;
• external audits of the operation and development of administration systems of industrial, operative and environmental security and protection;
• industrial and operative security and environmental protection in the activities of exploration and hydrocarbons extraction in non-conventional deposits in land, land transport by means of pipelines of petroleum, petroleum products and petrochemicals; and
• the conformation, implementation and authorisation of administration systems of industrial, operative and environmental security and protection, applicable to the activities of public sale of natural gas, distribution and public sale of LPG and petroleum products.
- c Mexican Official Standards for:
• NOM-EM-001-2015 (construction, maintenance and operation of service stations using diesel and gasoline associated with auto consumption);
• NOM-005-ASEA.2016 (design, construction, operation and maintenance of the service stations for the storage and sale of diesel and gasoline);
• NOM-EM-002-ASEA-2016 (establishing the test methods and operation parameters, maintenance and efficiency of gasoline gas recovery in service stations for the public sales of gasoline, for emissions control);
• NOM-EM-003-ASEA-2016 (specifications and technical criteria for industrial and operative security, and environmental protection for the design, construction, prestart, start and maintenance of the land storage facilities of petroleum products, except for LPG);
• NOM-EM-004-ASEA-2017 (specifications and requirements of the service stations for the public sale of LPG by partial fulfilment and portable pressurised containers);
• NOM-003-ASEA-2016 (distribution by pipelines of natural gas and LPG);
• NOM-010-ASEA-2016 (natural compressed gas, minimum requirements for security of the charging terminals and discharge terminals of portable storage modules and supply stations for automobiles); and
• NOM-EM.005-ASEA-2017 (establishing the criteria to classify the special management wastes of the hydrocarbons sector activities, and determines which ones require a handling plan).
- d Also, the ASEA has issued Projects of Mexican Official Standards that will probably be valid soon:
• PROY-NOM-005-ASEA-2016 (design, construction, operation and maintenance of service stations for the public sale and auto-consumption stations of diesel and gasoline);
• PROY-NOM-004-ASEA-2017 (gasoline gas recovery system for the control of emissions of service stations for the public sale of gasoline-test methods for the determination of efficiency, maintenance and operation parameters);
• PROY-NOM-009-ASEA-2017 (administration of the integrity of pipelines for the recovery, transport and distribution of hydrocarbons, petroleum products and petrochemicals); and
• PROY-NOM-006-ASEA-2017 (technical specifications and criteria for operative security and environmental protection for the design, construction, prestart, operation, maintenance, closing and dismantling of land facilities for the storage of petroleum products and petroleum, except for LPG).
VIII OUTLOOK AND CONCLUSIONS
The Mexican environmental legal framework is vast and complex, but it does provide a comprehensive compilation of legal provisions for each of the most common means of pollution.
Indeed, legislation is always perfectible and is subject to constant changes and modifications as society demands them.
Perhaps the most important challenge for Mexico is that, due to the Energy Reform, new companies and investors will arrive to carry out activities that are now solely executed by the Mexican government. This implies that the Mexican government, through the environmental agencies, will have to work on the enforcement of the legal framework in an even more efficient manner.
1 Ricardo Eloy Evangelista Garcia is a senior associate and Mariana Arrieta Maza is a junior associate at Basham, Ringe & Correa, SC. The authors acknowledge the participation of Rosalia Martinez, a paralegal at Basham’s environmental law practice, in the researching of the topics addressed in this chapter.