On August 10, 2000, the Hazardous Waste Subcommittee of the Secretariat of Environment, Natural Resources and Fisheries (SEMARNAP for its Spanish acronym) published the proposed standard "Official Mexican Norm NOM-052-ECOL-2000, which Establishes the Hazardous Waste Characteristics, Identification Procedure, Classification and Listings".  After the comment period closed, this new standard was approved and will be published shortly as a final standard. It will become mandatory for all parties responsible for the generation, treatment and analysis of hazardous waste.

The new standard will replace Mexico's current "Official Mexican Norm NOM-052-ECOL-1993, which Establishes the Characteristics of Hazardous Waste, the Listings and Limits that Make a Waste Hazardous as a Consequence of its Toxicity to the Environment", which was published on October 22, 1993.

The main objective of the new standard is to establish the characteristics and procedures for identification, classification and better management of hazardous wastes. However, this standard does not apply to contaminated soil or radioactive wastes.

Like its predecessor, this new standard's definition of the hazardous characteristics of a waste (corrosive, reactive, toxic, and flammable) is a partial translation of the United States' 40 CFR part 261 hazardous waste rule.  The revised standard has improved the procedure for identifying and classifying hazardous wastes and includes biological-infectious waste, as well as a new classification of low-level hazardous waste.

The language is clearer and more precise, such as in the approach to the generator's classification of an unlisted waste. The standard allows a generator of an unlisted waste to make a determination based on their knowledge of the waste's characteristics. No testing is required for wastes known not to be hazardous. However, the generator is still responsible for the waste if the regulatory agency proves otherwise.

Some important changes between the current and the new standard are listed below:

• As a first step in classifying a waste, a new procedure defines if the waste is (a) an out-of-specification chemical product or substance, (b) a defective material or past its expiration date, (c) a material contaminated by a hazardous waste, or (d) an in-process waste.
• The new standard includes a procedure for classifying hazardous materials or waste containers, which were not regulated before.
• There is a specific list used to classify low-level hazardous waste.
• It describes a specific procedure for collecting samples for hazardous waste determination.
• The standard includes two new flow charts: One presents the process for determining the hazardous level of a waste, while the other describes the process for identifying a waste by its corrosive, reactive, flammable, toxic or infectious characteristics (CRETIB for its Spanish acronym).

The new standard has a broader scope of application. It is binding not only on parties responsible for the generation of hazardous wastes, but also for those involved in treatment and analysis, instead of only regulating the definition and classification of hazardous waste. Also, the new standard incorporates other definitions by reference to the General Law of Ecological Equilibrium and Protection to the Environment, providing a stronger legal basis.

NOM-052-ECOL-2000 will become mandatory sixty days after its date of publication.

Thanks to Daniel Basurto, Senior Partner at LexCorp Abogados in Mexico City for providing information for this article. Mr. Basurto, an environmental attorney can be reached at: dbasurto@lexcorp.com.mx

If you have questions or comments about this article please send us an email at members@mexregs.com. or visit our web site at www.mexregs.com.
MR

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