BASHAM NEWS

MINISTRY OF THE ENVIRONMENT AND NATURAL RESOURCES LIFTS SUSPENSION OF LEGAL TERMS AND DEADLINES.

Mexico City, August 24th, 2020.

 

On August 24thIn the year 2020, the Ministry of the Environment and Natural Resources ("SEMARNAT") published an Accord by means of which it lifts the suspension of legal terms and deadlines before said Ministry as well as before its decentralized administrative bodies. The Accord will be in force until next September 30.th, 2020.

Based on the above, as of August 24th and until September 30thThe legal terms and deadlines are reactivated for the purposes of the applications, procedures and services under the jurisdiction of SEMARNAT and its decentralized administrative bodies, as per the following rules:

The Citizen Contact Space office will operate, between 9:30 a.m. and 14:00 p.m., Mondays and Wednesdays, for the procedures in charge of:

a) The General Office of Wildlife; and

b) The General Office of Federal Maritime Terrestrial Zone and Coastal Environments.

The Citizen Contact Space office will operate, between 9:30 a.m. and 14:00 p.m., Tuesdays and Thursdays, for the procedures in charge of:

a) The General Office of Environmental Impact and Risk;

b) The General Office of Comprehensive Management of Risky Materials and Activities;

c) The General Office of Management of Air Quality and Emission Registry and Pollutant Transfer; and

d) The General Office of Forestry and Land Management.

3.SEMARNAT's Representative Offices (previously Federal Delegations), as well as its Citizen Contact Space offices will operate, between 9:30 a.m. and 14:00 p.m. Tuesdays, Wednesdays and Thursdays, for the reception of applications for which they are responsible.

SEMARNAT's Filing Office will operate, between 9:30 a.m. and 14:00 p.m. Mondays through Thursdays, for the purpose of receiving the correspondence and internal documentation of the different administrative units of said Ministry.

The Federal Agency for Environmental Protection ("PROFEPA") will operate, between 9:00 a.m. and 18:00 p.m. Mondays through Fridays, for purposes of the following administrative acts:

a) Issuance of the approval of testing and/or trials labs and certification organisms (PROFEPA-03-010).

b) Review, evaluation and, if applicable, certification of new vehicles in plant (PROFEPA-03-005), with regards to the following Mexican Official Standards:

  • NOM-042-SEMARNAT-2003. That establishes the maximum permissible emission limits for total hydrocarbons or non-methane, carbon monoxide, nitrogen oxides and particles from the exhaust of new motor vehicles whose gross vehicle weight does not exceed 3,857 kilograms, which use gasoline, liquefied petroleum gas, natural gas and diesel, as well as evaporative hydrocarbon emissions from the fuel system of these vehicles.
  • NOM-044-SEMARNAT-2017. Which establishes the maximum permissible emission limits for carbon monoxide, nitrogen oxides, non-methane hydrocarbons, non-methane hydrocarbons plus nitrogen oxides, particles and ammonia, from the exhaust of new engines that use diesel as fuel and that will be used for the propulsion of motor vehicles with gross vehicle weight greater than 3,857 kilograms, as well as the exhaust of new motor vehicles with gross vehicle weight greater than 3,857 kilograms equipped with this type of engines.
  • NOM-076-SEMARNAT-2012. That establishes the maximum permissible emission levels of unburned hydrocarbons, carbon monoxide and nitrogen oxides from the exhaust, as well as evaporative hydrocarbons from the fuel system, which use gasoline, liquefied petroleum gas, natural gas and other alternative fuels and that will be used for the propulsion of motor vehicles with gross vehicle weight greater than 3,857 kilograms new in plant.
  • NOM-079-SEMARNAT-1994. Which establishes the maximum permissible noise emission limits for new motor vehicles in plant and its measurement method.
  • NOM-082-SEMARNAT-1994. That establishes the maximum permissible noise emission limits for motorcycles and motorized tricycles new at plant and its measurement method.

c) Obtaining of Environmental Certificate, A Modality: Environmental audit prior the application of environmental certificate, without action plan (PROFEPA-02-001-A).

d) Obtaining of Environmental Certificate, C Modality: Environmental audit after the application of environmental certificate, with action plan (PROFEPA-02-001-C).

e) Application for the renewal of environmental certificate, A Modality: Renewal on the basis of Environmental Diagnosis briefing (PROFEPA-02-002-A).

f) Application for the renewal of environmental certificate, B Modality: Renewal on the basis of Environmental Diagnosis report (PROFEPA-02-002-B), in relation with Mexican Standard NMX-AA-162-SCFI-2012, Environmental Audit - Methodology for Conducting Environmental Audits and Diagnoses and Verifications of Compliance with the Action Plan - Determination of the Environmental Performance Level of a Company - Evaluation of the Performance of Environmental Auditors.

g) Inspection, vigilance and verification acts related with essential works and activities, as well as those conducted for the protection, preservation and conservation of the natural resources and in order to guarantee the human right to a healthy environment. For such purposes, the terms legally established will continue to lapse until the administrative proceeding is resolved, observing at all times the sanitary and healthy distance measures.

h) Acts regarding the substantiation of appeals for supervisory review and applications for commutation, modification or reversal.

6.The Filing Office of the National Commission of Natural Protected Areas will operate, between 9:30 a.m. and 14:00 p.m. Tuesdays and Thursdays, and the Filing Office of the Regional Offices of the National Commission of Natural Protected Areas will operate, between 9:30 a.m. and 13:30 p.m. Tuesdays and Thursdays.

The following authorizations, for the conduction of touristic activities in Natural Protected Areas, whose dates of validity lapsed between March 23 and August 23, 2020, will continue in force until next October 30, 2020:

a) Authorization to conduct recreational touristic activities within Natural Protected Areas (CNANP-00-014-A);

b) Authorization to conduct recreational touristic activities within Natural Protected Areas, B Modality: Recreational touristic activities without vehicles or transport units (CNANP-00-014-B);

c) Authorization to conduct recreational touristic activities within Natural Protected Areas, C Modality: Recreational touristic activities with infrastructure (CNANP-00-014-C);

d) Extension of the authorization to conduct recreational touristic activities within Natural Protected Areas (CNANP-00-015).

Regardless of the above, the holders of the abovementioned authorizations or the persons who request these authorizations for the first time, may visit the National Commission of Natural Protected Areas or its Regional Offices in the schedules set forth in number 6 above.

 

The National Water Commission will operate, between 10:00 a.m. and 15:00 p.m. Mondays through Fridays, in its reception offices located, at a central level, in Mexico City; as well as, at a regional hydrological administrative level, in the Basin Organisms and Local Offices.

8.The Attention Area for the Regulated Parties and the Filing Office of the National Agency for Industrial Safety and Environmental Protection of the Hydrocarbons Sector ("ASEA") will operate, between 10:00 a.m. and 15:00 p.m. Tuesdays, Wednesdays and Thursdays, for the administrative acts related to the applications and proceedings under the jurisdiction of:

a) The Industrial Management Unit;

b) The Industrial Supervision, Inspection and Vigilance Unit; and

c) The Legal Affairs Unit.

The electronic systems related to those applications whose attention channel is such, as per their corresponding application sheet recorded in the Federal Registry of Procedures and Services, will remain in operation. In this regard, the users of such systems may choose to file their applications online or in person.

 

The lawyers of the Environmental Law, National Waters and Climate Change practice of the firm are at your service to address any query you may have with regards to the content herein.

 

S I N C E R E L Y,

 

Daniel Del Rio

delrio@basham.com.mx

 

Ricardo Evangelista

revangelista@basham.com.mx

 

Mariana Arrieta

marrieta@basham.com.mx