10 Jul Maximum permissible pollutant emission limits from machinery using diesel fuel: Bill of Mexican Official Standard.
On June 7, 2024, the National Consultative Committee for Standardization of Environment and Natural Resources (“COMARNAT” for its acronym in Spanish) published the new Mexican Official Standard Bill: PROY-NOM-174-SEMARNAT-2024 (“Bill of NOM”), setting forth the maximum permissible limits for the emission of polluting gases and particles, coming from the exhaust of new engines incorporated or to be installed in new non-road mobile machinery, that use diesel as fuel. This is applicable to tractors and machinery used in the industrial, agricultural, mining and construction sectors. The reasoning behind the drafting of this NOM is because there is currently a void in the environmental regulation applicable to this type of engines, in comparison with the United States of America and the European Union.
Application Field
If this Bill of NOM is approved, this standard will be mandatory throughout the national territory for manufacturers and importers of new engines incorporated or to be installed in new non-road mobile machinery that use diesel as fuel and that have a net power between 19 and 560 kilowatts. This applies to machinery sold for the first time in national territory, except engines intended for power generation, engines used for the propulsion of railway equipment and for machinery intended for the agricultural sector.
Evaluation Procedure
The main objective of this standard is to advance on the protection of the environment and care for people's health, establishing technical limits with respect to the emission of pollutant gases, as well as, an evaluation procedure for the machinery, which will be applicable as of its entry into force and generally contemplates the following provisions:
- It requires for securing the NOM Certificate, prior to the importation or first sale of machinery that complies with the aforementioned specifications in national territory. This document is issued by the Federal Attorney's Office for Environmental Protection (“PROFEPA” for its acronym in Spanish) and certifies that the machinery complies with the provisions of the standard.
- Likewise, it is required to secure a Compliance Report, which certifies that a specific interested party complies with the provisions of the standard.
- It determines a Test Cycle, to which new engines or new non-road mobile machinery will be subjected to test their performance and to determine their emissions.
Once the definitive standard is published on the DOF, it will enter into force 180 calendar days after its publication.
If you have any questions, or require our assistance or additional information on the possibility of filing comments or participating in this NOM, please do not hesitate to contact Cuesta Campos professionals.
Contact
Berenice Soto García
Héctor Ceballos González
Héctor Mercado González
THE ABOVE IS PROVIDED AS GENERAL INFORMATION PREPARED BY PROFESSIONALS WITH REGARD TO THE SUBJECT MATTER. THIS DOCUMENT ONLY REFERS TO THE APPLICABLE LAW IN MEXICO. WHILE EVERY EFFORT HAS BEEN MADE TO ENSURE ACCURACY, NO RESPONSIBILITY CAN BE ACCEPTED FOR ERRORS OR OMISSIONS. THE INFORMATION CONTAINED HEREIN SHOULD NOT BE RELIED ON AS LEGAL, ACCOUNTING OR PROFESSIONAL ADVICE BEING RENDERED.