Executive Summary:
- The Mexican Official Standard NOM-002-SCT-SEMAR-ARTF/2023 is an update of NOM-002-SCT/2011, and establishes the new list to identify hazardous materials and waste.
- It also establishes instructions for the transportation, packaging and packing of hazardous materials and waste.
The Mexican Official Standard NOM-002-SCT-SEMAR-ARTF/2023 (“NOM 002”) requires all persons transporting hazardous materials and waste by land, air and/or sea to adopt the necessary measures to avoid damage.
NOM 002 is an update of NOM-002-SCT/2011 “List of the most commonly transported hazardous substances and materials”, published in the Official Gazette of the Federation on January 27, 2012.
Through this new NOM 002, the Secretariat of Infrastructure, Communications and Transportation, as well as the Secretariat of the Navy, determined which substances and in what quantities are considered dangerous for transportation, with the purpose of increasing safety on communication routes. In addition, the official form for carrying out land, air and/or sea transportation of these substances and materials was established.
On the other hand, the transportation under normal conditions of substances and objects that may explode, react dangerously, produce a flame or give off dangerous heat, as well as those that emit toxic, corrosive or flammable gases or vapors, is prohibited, except for an express exception in NOM 002.
In addition, the Federal Agencies of Civil Aviation and Railway Transport were added as competent authorities to monitor compliance with NOM 002.
What should I do?
Using the NOM 002 list, it is necessary to determine what type of hazardous materials and waste need to be transported, since depending on the quantity and type of material, the instructions and guidelines that must be followed to transport them safely by land, air or sea can be determined.
In the event that any of the materials are not considered in this NOM 002, you must make sure that the transport of said material is not prohibited, for example, hazardous waste cannot be transported by air. If a substance is not listed in NOM 002, and its transport is not prohibited, this means that this substance is outside the scope of application of NOM 002.
In turn, if it is necessary to determine the hazardous characteristics of the substance or material, prior evaluation by a testing laboratory that accredits and approves its effects is required.
What do we suggest?
To avoid any impact, the provisions of NOM 002 must be complied with, as well as other regulations on the handling of hazardous substances and waste. In particular, the substances and quantities considered hazardous must be recognized. In addition, it must be ensured that the transport conditions are optimal to comply with the provisions of this regulation.
On the other hand, it is important to know that the management of this type of substances, as well as hazardous waste, is a “chain” in which all parties involved must comply with their obligations; and, in the specific case of hazardous waste, there is a shared (solidary) responsibility between the generator, transporter and final disposal center in case poor management ends up affecting the environment or the life, health and/or property of third parties, so we recommend that at all times the management and handling of these substances must be properly complied with.
To consult the original publication in the Official Gazette of the Federation visit: https://www.dof.gob.mx/nota_detalle.php?codigo=5711751&fecha=18/12/2023#gsc.tab=0
