Pulse Point Newsletter for February 21, 2002
Published by Alliance Consulting International
Partners in Environmental and Occupational Health and Safety
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MEXICO'S ENVIRONMENTAL STANDARDS DEVELOPMENT PLAN FOR 2002

by Enrique Medina, MS, CIH

This month we provide you with an excerpt from an informative regulatory analysis recently issued by the Mexican law firm Lex Corp Abogados on Mexico's environmental regulatory development priorities for 2002.

The National Standardization Program plans the schedule and scope of the regulatory development of Official Mexican Standards for the year, and is mandated under the Federal Law of Measurements and Standards. Regulatory development projects are divided into three categories: Published Drafts, Rescheduled Topics, and  New Topics. Each of these includes the standard, its purpose, justification, date of publication or completion, and commentary.

Key environmental standards under consideration by the Secretariat of the Environmental and Natural Resources (SEMARNAT) that are likely to affect industry have been selected. This list does not include certain Standards referring to the protection of turtles, tuna, taxonomic methods for mammal selection, the installation of tourism complexes, and those referring to natural gas and mobile sources. The standards published by the Secretariat of Health, the Secretariat of Labor and Social Welfare, the Secretariat of the Economy and others, are not included but should also be reviewed.
 

PUBLISHED DRAFTS
Standard
Purpose, Justification and Date of Publication 
Commentary
PROY-NOM-052-ECOL-1999 This Standard establishes the characteristics, the identification procedure, classification and listing of hazardous wastes, and is of compulsory observance for those responsible for generating and handling such hazardous wastes

Published in the Federal Official Gazette (DOF) on October 22, 2001.

This draft proposes a simple modification to the Standard, in consideration of the fact that new processes for extraction, transformation, production, use and treatment are undergoing constant development. Thus, it is necessary to issue a new Official Mexican Standard in accordance with the modifications to the applicable laws, establishing the criteria for the classification, identification considering the characteristics and volumes, and the listings thereof, as well as the procedure to be followed by the waste generator to determine the hazard level thereof. The purpose is to prevent and control environmental pollution. In this sense, the most substantial modification is the addition of new products to the listing in question.
PROY-NOM-087-ECOL-2001 This draft establishes the requirements for the separation, containment, storage, collection, transportation, treatment and final disposal or biological-infectious waste.

Published in the DOF on November 1, 2001.

The draft intends to make some minimal modifications to be followed, in order for biological-infectious hazardous waste to be handled properly. In this sense, note that this Standard would have its greatest impact with regard to hospital waste.
PROY-NOM-098-ECOL-2000 This Official Mexican Standard establishes the operating specifications, in addition to the maximum allowable pollutant emission limits, for waste incineration facilities.

Published in the DOF on December 8, 2000

Note that this Standard contains the essential characteristics to be met by incineration equipment, in order that it be used in an environmentally sound manner. It establishes the specific obligations applicable to the handling thereof, such as: the characteristics of the waste and ash to be incinerated, obligations regarding the prior storage of the waste, dealings with electrical energy cogeneration permits, and other matters. 
PROY-NOM-133-ECOL-1999 This Standard is intended to provide the specifications for the handling of polychlorated biphenyls (PCBs)

Published in the DOF on January 10, 2000.

The issuance of this Standard is in consideration of the degree of hazard that is intrinsically posed by this type of materials, by reason of its high level of toxicity and resulting need for regulation. 
PROY-NOM-043-ECOL-1993 This Standard establishes the maximum allowable levels of atmospheric emissions of solid particles, as well as the requirements for the control of releases from fixed sources carrying on cement production.

Published in the DOF on January 17, 2001.

This Standard is centrally focused on cement plants, due to their different types of emissions, especially their furnaces that are often used for waste incineration.

 
 
 

RESCHEDULED TOPICS


Standard
Purpose, Justification and Estimated Start and Completion Date 
Commentary
NOM-055-ECOL-1993 This Standard establishes the requirements to be met by sites allocated for the controlled confinement of hazardous waste, except for radioactive waste. 

The specifications of the standard in question need to be updated, in order that its provisions be more operational, and thus the controlled confinement of hazardous waste may be done safely. It also establishes the procedure for evaluations under the standard.

Completion: January – June 2002

We support this Standard fully, as it is highly useful. Hazardous waste characterization must be done in environmentally sound manner, to the extent that the hazardous waste confinement cells are appropriate. Further, we may establish an integral waste handling policy. 
PROY-NOM-084-ECOL This Standard seeks to establish the environmental protection specifications for the construction, operation, monitoring and complementary works of sanitary landfills.

It also is intended to establish the technical guidelines for the construction and proper operation of landfill facilities.

For its justification, it states that there is a regulatory void regarding the final disposal of solid waste.

Completion: January 2002 to June 2003. 

As with the preceding standard, this Standard is useful because non-hazardous waste can be almost as hazardous as that described above, due to the volume thereof. In this sense, sanitary landfills must be built based on environmentally sound parameters, in order to have a correct policy for integral waste handling. 
Handling of containers and packaging.  To date, there are no regulations or specifications regarding this matter. This leads to the inadequate handling and final disposal thereof, affecting the environment in general. It is therefore necessary to establish the specifications for the appropriate handling of these items, as well as activities for the minimization of the generation thereof, recycling and reuse of materials, in order to guarantee environmental protection and the prevention of water and soil pollution. In addition, the Standard will establish the procedure for evaluation thereunder. 

Completion: January – December 2002.

Notwithstanding the fact that there are no Official Mexican Standards covering this matter, the waste regulations establish certain general provisions regarding the handling of containers and packaging. For this reason we believe that such waste handling is being over regulated.

In addition, containers and packaging are not actually waste. In this sense, they should be considered as such only when they cease to be used. 

Used lubricants  This Standard will establish the specifications for the generators of degraded oils and lubricants, as well as the collection and delivery thereof to processors for the treatment and final disposal thereof.

The purpose is stated as the identification of the magnitude of degraded lubricants that presently are disposed of irregularly. It will establish the specifications and criteria to create environmental awareness in the derived petrochemicals industry, among large- and small-scale distributors, and users of all means of transportation, as to the environmental deterioration caused by the dumping of degraded lubricants into soils and waters. This is intended to lead to a change of behavior, allowing the proper waste handling, and thus as part of an integral waste handling, collection and processing plan in which all stages of production and consumption participate.

Completion: March 1 to October 30, 2002.

Current estimates are that privately owned vehicles generate 72,000,000 liters of oils and lubricants each year, for which final disposal is uncontrolled. It is therefore necessary, through this Standard, for the authority to orient generators to concentrate this waste on-site, to them be brought to processors for recycling.

In this sense, the generators of this type of waste should use the parameters established in the Standard for the proper disposal of their waste lubricants.

Environmental protection Ozone depleting substances—elimination and specifications. Environmental protection specifications are sought to gradually eliminate the use of ozone-depleting substances in refrigeration, air conditioning, aerosols, plastic foams, solvents, extinguishers and agricultural applications. The Standard also will cover testing methods and the procedure for evaluations.

Completion: January – December 2002

This Standard is intended to become effective notwithstanding the international commitments assumed by Mexico in the framework of the Kyoto Protocol, in the sense of reducing greenhouse gas emissions. 
NOM-085-ECOL-1994 The goal is to modify this Standard, which refers to atmospheric pollution from fixed sources using solid, liquid or gaseous fossil fuels or any combination thereof. It establishes the maximum allowable limits for atmospheric emissions of smokes, total suspended particles, sulfur dioxide and nitrous oxide, and the requirements and conditions for the operation of indirect combustion heating equipment, as well as the maximum allowable limits of sulfur dioxide emissions in direct combustion heating.

The main objective of this Standard is to update the maximum allowable limits of the above-mentioned emissions.

Completion: June 2003

This Standard only proposes to update the maximum allowable limits described to the left as they apply to emissions from fixed sources, particularly fossil fuels for heating operation. 
NOM-086-ECOL-1994 This Standard deals with atmospheric pollution and the environmental protection specifications to be met by solid, liquid and gaseous fossil fuels used in fixed and mobile sources.

The purpose is to update the specifications to be met by fossil fuels, from an environmental perspective, in order to prevent and control environmental pollution.

Completion: June 2003

This Standard has the same purpose as the above-described NOM, namely the effective protection of the atmosphere. The key difference is that it refers to the quality requirements of fossil fuels, considering that oil refinement is an exclusive authority of the state. At present, this Standard applies only to PEMEX. 
Environmental emergency response.  This Standard will establish the specifications for controlling and mitigating states of emergency arising from accidents involving hazardous waste and materials that may affect the integrity of one or several ecosystems, or of the populace. There presently are no regulations or specifications governing this area, necessitating the issuance of the Standard in question.

Completion: January 2002 – June 2003

This Standard will resemble the environmental contingency plan currently in place for environmental emergencies arising from atmospheric pollutant releases. We believe that in the future this area will be regulated differently (not as a standard) or fall under the jurisdiction of a commission specifically responsible for regulating environmental contingencies involved hazardous waste. 
Environmental protection.- Sludge and bisolids.- Maximum allowable limits of pollutants for the use, final disposal or alternate usage. This Standard will seek to establish the environmental protection specifications for preventing pollution caused by sludge, and the usage thereof.

Completion: NO COMPLETION DATE.

This Standard has been awaited for some time, as sludge from water filtration plants is considered to be a hazardous waste. Thus, when this Standard takes effect, the sludge from such plants may be characterized in order to determine whether it can be used in other applications.

 

NEW TOPICS


Standard
Purpose, Justification and Estimated Start and Completion Date 
Commentary
NOM-053-ECOL-1993 This Standard is to be modified, establishing the procedure to perform the extraction test for determining whether a waste material is hazardous by reason of its environmental toxicity.

The purpose is to establish the above procedure, along with the procedure for evaluations under the Standard.

Completion: January – December 2002.

Simply put, the Standard updates the listing of waste regarded as hazardous. In this sense, it would be worthwhile to review new items added to the list, in order to make the pertinent observations. 
NOM-054-ECOL-1993 This Standard will be modified; it deals with the procedure for determining the incompatibility of two or more hazardous wastes, characterized as such under Official Mexican Standard NOM-052-ECOL-1993.

The Standard also establishes the procedure for evaluations.

Completion: January – December 2002.

The incompatibility of wastes refers to the mixture of two waste products that, upon being placed together, is considered under the standards to be a hazardous waste product itself. This is in consideration of a change to its composition, under which it becomes corrosive, explosive, toxic, flammable or biological-infectious. Explosive materials usually are the case.

The purpose of the modification is solely to add more substances to the Standard’s listing. 

NOM-056-ECOL-1993 A modification is proposed for this Standard, establishing the requirements for the design and construction of the complementary works of a controlled hazardous waste confinement.

Completion: January – December 2002.

The requirements under the Official Mexican Standard would be updated, and the procedure for evaluations thereunder would be established.
NOM-057-ECOL-1993 This Standard establishes the requirements to be observed in the design, construction or operation of controlled hazardous waste cells.

The modification proposed to update the requirements set forth in the Official Mexican Standard, as well as the procedure for evaluations thereunder.

Completion: January – December 2002.

This Standard will be useful in that it will set updated parameters for building such cells, in support of an integral waste-handling plan. 
NOM-058-ECOL-1993 This Standard sets the requirements for the operation of a controlled hazardous waste confinement. The purpose of the proposed modification is to revise these requirements and to establish the procedures for evaluations under the Standard.

Completion: January – December 2002

New engineering specifications will be established for controlled hazardous waste confinement centers, with a view to reducing the amount of waste generated. 
Restoration of soils contaminated by hydrocarbons and metals (sampling, characterization, ecological risk evaluation, clean-up deadlines, treatment methods).

 

The proposed purpose is to establish specifications for the sampling, characterization and evaluation of ecological risk for soils contaminated by hydrocarbons and/or metals, and the technical specifications for the appropriate handling and restoration of contaminated lands.

Completion: January 2002 – June 2003.

Oil and mineral extraction operations present major effects on plants and soil, and are not presently subject to any regulation. There are no defined parameters for determining the degree of soil contamination by heavy metals and hydrocarbons in general. In this sense, it will be important to observe the compulsory nature of this Standard, in order to determine whether the pollution generator may propose clean-up parameters other than the Standard provides.

 
 
Standard for the collection, temporary storage, separation and final disposal of municipal solid waste (MSW) This Standard is intended to establish the environmental guidelines for the following areas: 

1. MSW collection in order to facilitate the separation thereof.

2. MSW separation in order to promote the reuse and recycling thereof, and in general to create markets for such products

3. Final disposal to optimize the capacity of controlled landfills, and promote MSW markets

Completion: January - July 2002

It is estimated that only 83% of total MSW is collected; that is, 69,600 tons per day. Thus 14,230 tons are left uncollected. Of the total amount generated, little more than 49% (41,200 tons) is deposited in controlled sites, with 42,630 tons disposed of in uncontrolled open-air sites or clandestine dumps. For this reason, and for the purpose of proper waste handling, it is necessary to establish criteria to regulate the final disposal of MSW. 
NOM-039-ECOL-1993 A modification is proposed for this Standard, establishing the maximum allowable levels of atmospheric emissions of sulfur dioxide and trioxide and sulfuric acid mist in sulfuric acid production plants.

Completion: January – June 2002

This Standard will be modified to update the maximum allowable levels, and to establish the procedure for evaluations.
NOM-043-ECOL-1993 A modification is proposed for this Official Mexican Standard, establishing the maximum allowable limits for atmospheric emissions of solid particles from fixed sources. 

Completion: January – August 2002 

The modification will update the limits, as well as establish the evaluation procedure under the Standard.
NOM-046-ECOL-1993 A modification is proposed for this Standard, establishing the maximum allowable levels of atmospheric emissions of sulfur dioxide, sulfur trioxide mist and sulfuric acid arising in the production processes of sulfonic dodecyl benzene acid in fixed sources.

Completion: January – August 2002

The maximum allowable levels are updated, and the evaluation procedure under the Standard is established.
NOM-097-ECOL-1995 A modification is proposed for this Standard, establishing the maximum allowable limits for atmospheric emissions of particulate matter and nitrous oxides in glass production in Mexico.

Completion: January – August 2002

The maximum allowable levels are updated, and the evaluation procedure under the Official Mexican Standard is established.

 

Integral handling of volatile organic compounds (VOCs) in industrial processes.  The purpose of this Standard is to establish the maximum limits for emissions of volatile organic compounds in industrial processes, as well as the integral handling thereof. The Standard also will cover the procedure for evaluations thereunder.

Completion: January – June 2003. 

This Standard has been long-awaited, as volatile organic compounds are not currently regulated. They cause pollution especially due to their odors. Since they are unregulated, any industry can release all VOCs. With the entry into force of this Standard, filtration pipes would have to be installed to reduce, to the extent possible, VOCs and their odors. 

 
 
Standard establishing the maximum allowable limits for atmospheric emissions of volatile organic compounds (VOC´s) arising from the painting of new carriages in bus, truck and tractor trailer plants, as well as the method for computing emissions thereof. The purpose is to establish the maximum emissions limits for volatile organic compounds in the painting of new carriages in bus, truck and tractor trailer plants, as well as the method for computing such emissions. The procedure for evaluations under the standard also will be covered.

Completion: January 2002 – June 2003 

The above commentary applies to this Standard as well, as the only difference is the activities in which the VOCs originate.
List of highly hazardous activities and classification criteria. (This Standard will be issued in coordination with the various agencies referenced in Article 146 of the General Law of Ecological Equilibrium and Environmental Protection.) The general purpose is to establish the classification of activities regarded as highly hazardous to ecological equilibrium and the environment, and the materials generated or handled in industrial, commercial or service establishments, in order to protect such ecological equilibrium and the environment.

Completion: January – June 2003

It should be noted that these listings are periodically updated, in order to determine each and every material the handling of which is regarded as hazardous.

In this sense, it is important to consider that an activity will be regarded as hazardous not by reason of the activity itself, before rather by the materials used in the carrying on of the activity. 

Official Mexican Standard establishing the procedures and technical specifications for handling agricultural pesticides, for the prevention of the risk of soil and water pollution.  The purpose is to establish the procedures and technical specifications in the handling of agricultural pesticides, in order to prevent the risk of pollution of soils and waters.

Completion: NO COMPLETION DATE.

The use of pesticides in crop production has become a singularly important element to increase production by controlling living organisms (weeds, insects, fungi, mites, worms, etc.) capable of hurting production. However, their use carries risks of water and soil pollution, which makes it necessary to establish handling specifications to minimize such risks.

In this sense it is important to note the subject matter regulated in the Standard, as CICLOPLAFEST is the agency responsible for regulating this type of activities. 

(*) Information for this article was provided by LexCorp Abogados, an environmental and general business law firm headquartered in Mexico City. LexCorp's environmental group can be reached at ambiental@lexcorp.com.mx.

If you have questions about how this article or other health, safety or environmental issues, please contact us at (619) 297-1469 or send us an email at emedina@pulse-point.com.
PP

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