On March 11, 2022, the Ministry of Environment and Natural Resources (“SEMARNAT”) published in the Official Gazette of the Federation, the Official Mexican Standard NOM-001-SEMARNAT-2021, which establishes the maximum permissible limits of contaminants in wastewater discharges into receiving bodies owned by the nation (“NOM-001”).
The modifications made to NOM001 range from the formal to the technical. It is important to mention that the nation’s receiving bodies, such as streams, canals, drains, reservoirs, lakes, lagoons, rivers and Mexican marine areas, are those that will be affected by the regulation of NOM-001.
The main modifications of NOM001, with respect to the previous version published in 1997, are the following:
1. The maximum permissible limits of wastewater discharge pollutants are strengthened and made more stringent. Likewise, the maximum temperature allowed for discharges is reduced, that is, it is modified from 40°C to 35°C in all receiving bodies.
2. The classification of receiving bodies is modified and largely eliminates the focus of downstream uses, in order to improve the management and protection of receiving bodies.
3. Particular discharge conditions will be required, due to their vulnerability, in wetlands and karst ecosystems.
4. New True Color and Acute Toxicity parameters are included.
5. Includes a procedure for issuing a conformity opinion, which may be carried out by PROFEPA, CONAGUA or a Verification Unit.
6. To improve sampling practices, the obligation to place equipment and material to collect samples at the discharge points is established, in order to facilitate internal verification, as well as that of the environmental authority.
The entry into force of the new NOM-001 will be on March 11, 2023, that is, 365 days after its publication in the Official Gazette of the Federation.
In addition to the above, the general permissible limits will come into force on April 3, 2023. On the other hand, the water toxicity and true color parameters, as well as the regulatory appendix related to sampling ports, will be enforceable until fourth year of publication of NOM-001, that is, until March 11, 2026.
We urge our clients and other interested parties who are permit holders of discharges to national assets to continue complying with the “NOM001- SEMARNAT-1996, published on January 6, 1997, until the recently published NOM-001 comes into force. .
Although NOM-001 will take a year to come into force, we suggest that the holders of discharge permits begin by carrying out the legal, technical and economic analysis regarding the adjustments that are required in order to find themselves in a position to comply with the regulations. the new established parameters.
At Gonzalez Calvillo we remain at your service to resolve any questions in relation to the above.
Click here to read the PDF version.
About Gonzalez Calvillo
For more than 30 years, Gonzalez Calvillo has been at the forefront of the legal market in Mexico as a multi-service firm based on its transactional approach, as well as specializations in a wide variety of practice areas. The firm is recognized for its ability to build disciplinary teams to the most complex legal challenges, as well as for its long record of providing innovative business and regulatory advice to prominent local and international companies. Frequently described as a pioneer of legal services in Mexico, the firm is recognized for its commitment to doing things differently, generating tailored solutions and creating transformational changes in the legal field that allow its clients to achieve their objectives.