In this issue we summarize a recent article by the Mexico City-based law firm LexCorp Abogados on the reorganization of  the Secretariat of Environment and Natural Resources (SEMARNAT), which was published in Mexico's Official Journal of the Federation on January 21, 2003, and went into effect on the day following its publication.

The Internal Regulations of  SEMARNAT introduced a series of modifications to the Secretariat’s structure, as well as changes to the powers granted to its administrative units and bodies. Some of the most significant changes contained in these regulations are summarized below.

One of the most fundamental changes is the creation, modification or elimination of certain administrative units. The regulations eliminated the Mexican Institute of Water Technology, and the Internal Comptroller. In turn, they created a number of SEMARNAT Regional Coordination Offices, and the General Bureau of Air Quality and Pollution Release and Transfer Registry. Finally, the following offices were changed, including the General Bureau of Environmental, Urban and Tourism Development, the General Bureau of Comprehensive High-Risk Material and Activity Management, the General Bureau of Forest and Soil Management, the General Bureau of Urban Development and Organization, and the General Bureau of Planning and Budget.

What do these changes mean? A closer look at the new responsibilities of key agencies helps to provide some clues.

SEMARNAT DEPARTMENTS

General Bureau of Environmental Impact and Risk. This General Bureau now has broader powers, such as negotiating and executing agreements with state and local governments, and interested citizen groups to further the federal government’s role in environmental impact and risk assessment. It also acts with the Office of the Federal Attorney General for Environmental Protection (Procuraduría Federal de Protección al Ambiente, or PROFEPA) in assessing the environmental risk of activities that do not involve environmental impact assessments. And it may authorize the use of materials, equipment, testing methods, procedures or alternative technologies within the scope of its jurisdiction.

General Bureau of Comprehensive Pollutant Management. This General Bureau was divided into two separate offices.
One is the General Bureau of Comprehensive Management of High Risk Materials and Activities, which deals with hazardous materials and waste, as well as high-risk activities. The other is the General Bureau of Air Quality and Pollution Release and Transfer Registry, which is involved in developing general environmental policy and sustainable management of air basins, with a focus on regional planning. This bureau will manage Mexico's Right-to-Know program (equivalent to the US TRI), which was codified in the last reforms to the general environmental law.

Regional Coordination Offices. These offices represent an innovation under the new regulations. They have the same powers and obligations as the federal delegations, except with a smaller scope.

NATIONAL INSTITUTE OF ECOLOGY (INE)

INE (Instituto Nacional de Ecología) is an autonomous agency under SEMARNAT. The new regulations grant more power to its General Bureau of the National Environmental Research and Training Center (Dirección General del Centro Nacional de Investigación y Capacitación Ambiental). It can now participate in the accreditation and approval of air pollution, and waste testing laboratories to verify compliance with Official Mexican Standards. It may also function as a laboratory for the analysis and calibration of air pollution measuring instrumentation.

PROFEPA

The Office of the Federal Attorney General for Environmental Protection is another autonomous agency, which underwent considerable changes with the above-mentioned Regulations. The Attorney General for Environmental Protection is now empowered not only to investigate environmental offenses, but also to establish violations, and notify the authority when applicable. The AGEP also has the power to design and operate legal and economic instruments to secure financial and material resources, in coordination with the public, private and social sectors. Furthermore, PROFEPA may approve and oversee the operation of testing laboratories accredited pursuant to the Federal Law of Measurements and Standards.

General Bureau of Environmental Risk in Audits (Dirección General de Riesgo Ambiental en Auditorías). This
PROFEPA bureau may now review the operation of contingency plans in high-risk businesses, as well as create a database of information on environmental emergency reports relating to chemical substances. It may also set technical criteria for environmental risks during audits, and request that private parties investigate the root cause of environmental emergencies to ensure compliance with corrective measures.

General Bureau of Industrial Technical Assistance (Dirección General de Asistencia Técnica Industrial). This bureau can now develop, coordinate and enforce policy guidelines, and provide technical support in the areas of high-risk activities, hazardous waste, contaminated soil, air pollution, and environmental impact. It can also establish scientific and technical guidelines to determine risks to health, the environment or ecosystems associated with possible violations, and assist in determining corresponding penalties.

General Bureau of Federal Environmental Crimes and Litigation (Dirección General de Delitos Federales contra el Ambiente y Litigio). The most noteworthy change is the addition of this bureau to PROFEPA, which authorizes the agency to initiate, proceed with, or bring to a conclusion all the necessary judicial procedures that the agency determines to be important or relevant to its prosecutorial objectives.

(*) Reprinted from Pulse Point, under an affiliate agreement with MexRegs to provide regular articles of interest to our readers. You can find out more about Pulse Point at www.pulse-point.com.

(**) 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 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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