Hazardous Waste Management Plans and Special Management of the Hydrocarbon Sector

As part of the development of the activities of the Hydrocarbons Sector, hazardous and special handling wastes are generated, so the minimization of its generation and maximization of its use should be prioritized, as well as giving an integral management of the same, to protect the population and guarantee the right to a healthy environment.

Therefore, on April 16, 2019, the Official Mexican Standard NOM-001-ASEA-2019 was issued, with the objective that the waste management is carried out with the shared responsibility of all the people who are involved in the process so that the integral management of these wastes is environmentally efficient.

In this sense, NOM-001-ASEA-2019, which is mandatory for Large Generators of Hazardous Waste and Special Handling Waste generated in the hydrocarbon industry, establishes the criteria to classify Special Handling Waste from the Hydrocarbons Sector and determine which ones are subject to the Management Plan; the list thereof, as well as the elements for the formulation and management of the Hazardous Waste Management Plans and Special Management of the Hydrocarbons Sector.

In this regard, the rule in question defines the aforementioned concepts as follows:

1. Waste Management Plan for Hydrocarbon Sector activities: Instrument whose objective is to minimize the generation and maximize the Valorization of Urban Solid Waste, Special Handling Waste and Hazardous Waste generated in the Hydrocarbon Sector, under criteria of environmental, technological, and economic and social, designed under the principles of Shared Responsibility and Integral Management, which considers the set of actions, procedures and viable means.

2. Wastes from Special Management of the Hydrocarbons Sector: Are those generated in the processes, facilities and services derived from the performance of the activities of the Hydrocarbons Sector that do not meet the characteristics to be considered as dangerous.

3. Hazardous Waste from the Hydrocarbons Sector: Are those generated in the processes, facilities and services derived from the performance of the activities of the Hydrocarbons Sector, which have any of the characteristics of corrosivity, reactivity, explosiveness, toxicity, flammability, or that contain agents infectious diseases that make them dangerous, as well as containers, containers, packaging and floors that have been contaminated when transferred to another site, in accordance with applicable legislation.

4. Criteria for classifying Special Management Waste from the Hydrocarbon Sector: For a Waste generated to be classified as Special Management Waste, it must meet the following criteria:

• That it is not contaminated, impregnated or mixed with Hazardous Materials or Waste.
• In the case of Solid Urban Waste, which is generated in an amount equal to or greater than 10 (ten) tons per year or its equivalent in another unit of measure.

That said, it is important to consider that the management of waste generated in the Hydrocarbon Industry constitutes an activity that could cause damage to the environment, which could lead to the configuration of environmental responsibility on the part of whoever carries it. carried out and, therefore, the obligation to restore the damage caused.

By virtue of the foregoing, the BRIFFAULT ABOGADOS, SC team is at your service to provide appropriate and timely advice in relation to all acts derived from the implementation of waste management plans, as well as the Contentious Area to prepare means of defense against any related administrative act carried out by the competent environmental authority.