How much do you Know about ASEA?

Marcial Díaz

Lawyer, consultant of the Energy Sector, with studies in Public Administration. Collaborated in the Legal Department of Pemex for over 10 years, being Legal Assistant at Pemex Refining, Pemex Gas and Basic Petrochemicals and Pemex Exploration and Production, serving in contentious and advisory matters, as an Advisor in the Committees of Procurement under the New Regimen under Pemex Law and the DACS such as: Acquisitions, Public Work, CAAOS, Subcaaos and the Board of Directors. marcial.diaz.ibarra@gmail.com

In recent months derived from the Energy Reform and its implementation phase we have been hearing how entrepreneurs in the energy sector talk about the AGENCY… But what is it? And what does it do?

The Decree Law of the National Agency for Industrial Safety and Environmental Protection of the Oil Sector or Agency Act is issued, was published on 11 August 2014. Based on the times set in the Act, The President declared appointed Executive Director of the Agency on August 19, 2014 and the Rules of ASEA were published on October 31, 2014, with all other regulations that complete the secondary legislation of the Energy Reform.

According to the Article 129 of the Chapter VII of the Hydrocarbons Law, it is for the Agency to issue the regulation and the applicable regulations on industrial and operational safety and environmental protection in the hydtrocarbon industry, in order to promote, exploit and develop in a sustainable manner the activities of this sector.

Additionally, the Agency shall provide the technical elements for the design and the definition of public policy on energy, environmental protection a natural resources and for the development of sectoral programs in the field, that relate to his object.

The National Agency for Industrial Safety and Environmental Protection in the Hydrocarbons sector or as easier identified and mentioned: ASEA (Security, Energy and Environment Agency), took office last March 2 and got near 35 thousand old business affairs, 25 thousand are of environmental in nature that came from Semarnat and Profepa and other matters comes from National Hydrocarbons Commission (CNH), the energy ministry (Sener) and the Energy Regulatory Commission (CRE). As of April 8 the resumption of these matters were given and will be meeting the deadlines established by law. The issues that the new agency takes are related to petroleum activities, and they should ensure certainty on industrial, operational and environmental protection security.

ASEA´s legal address is located in Melchor Ocampo 469, Colonia Nueva Anzures, Miguel Hidalgo, Postal Code 11590, in Mexico City, Federal District.

Environmental Procedures.

Avenida Revolucion 1425 Col. Tlacopac San Angel, Delegation Alvaro Obregon, Zip Code 01040, in Mexico City, Federal District.

Enviromental Certifications.

They will continue using the Environmental Audit System Online (SAAEL).

Energy Procedures.

Directorate General of Oil of the Ministry of Energy, Vito Alessio Robles located at number 174, Colonia Florida, Delegation Alvaro Obregon, Zip Code 01030 in Mexico, Federal District.

SOME QUESTIONS TO BE RAISED BY THE AGENCY

What requirements apply to the application procedure for an environmental certificate that intends to enter the Agency?

 Those established in the Regulations of the General Law of Ecological Balance and Environmental Protection in the Field of Self-regulation and Environmental Audits, Mexican Standards NMXAA-162-SCFI-2012- Environment Audit- Methodology for Audits and Diagnostics, Environmental and Checks enforcement Action Plan – Determining the Level of Environmental Performance of an Enterprise-Performance Evaluation of Environmental Auditors and NMX-AA-163-SCFI-2012- Environmental Audit

Where should I go to follow up this process?

 To the SEMARNAT´s official website with e-mail address www.semarnat.gob.mx. To do this you need to have the log number that was assigned when the procedure was present

Can I apply for a Environmental Certification at the Agency, employing PROFEPA´s Environmental Auditors?

Yes. Until further notice the pattern found in PROFEPA´s portal will be used.

The Agency will now handle everything related to remediation plans and Transfer of Contaminated Sites.

How will the management be? What monitoring criteria will apply in the case of contaminated sites concessioned?

While the Agency does not issue new processes and procedures, they will continue to apply the criteria of the SEMARNAT, provided they do not contravene the provisions of the Act.

What will be the mechanism for environmental management compensation included in the Law on Environmental Responsibility for the liabilities, particularly in the case of leaks and spills?

The mechanism is being reviewed to ensure compliance with any and all preventive measures, control and / or care and viable proposals to be implemented in a consistent manner to protect human health, facilities and the environment to avoid or minimize the negative effects. In case of failure, it would be the provisions of the Federal Law on Environmental Responsibility and on the provisions in the Penal Code.

What is now the delivery, review, monitoring, resolving of the MIAs process in ASEA?

 It will continue to use windows of the SEMARNAT for requesting the proceedings. This will be discussed and resolved in the Agency. The ASEA will also be responsible for notifying the resolution

Does ASEA will bring another regulation on environmental impact for companies of O&G Environmental Risk?

They are assessing the needs of the legal framework for determining how to proceed.

Does any paperwork has to be done in case of providing transportation of hazardous waste?

No. The standards of service providers in environmental matters remain under the tutelage of other environmental agencies.

Do the research projects for gas stations remain state matter?

Prior studies for gas station projects were enter statewide, but now with the changes that have been made are under federal jurisdiction, specifically will be reviewed by ASEA.

What is the guide to be followed for Environmental Impact particular modality with risk?

For now, the Environmental Impact Manifestations of service stations shall be filed with the Delegations of SEMARNAT in the states, under the Framework signed between the Secretariat and the ASEA Convention. Until such time as the General Rules and Procedures of ASEA are not published, SEMARNAT´s will be in force.

What is the legal basis for this type of work (Gas Stations)?

The authorizations on Industrial Safety, Operational Safety and Environmental Protection of Oil Service Stations are federal matters and ASEA is responsible for granting them, specifically the Management Unit and Commercial Supervision. The State systems in protecting the environment of the Hydrocarbons Sector ceased to have effect with the entry into force of the Law of Agency and its transitional provisions.

 

Doubts about the Environmental Impact and Risk Studies,

for the installation of service stations following changes in LGEEPA.

 

The authorizations on Industrial Safety, Operational Safety and Environmental Protection of Oil Service Stations are federal matters and AESA is responsible for granting them, specifically the Management Unit and Commercial Supervision. State systems in protecting the environment of the Hydrocarbons Sector ceased to have effect with the entry into force of the Law of Agency and its transitional provisions.

  1. b) Where does the admission of the study should be conducted?

 

For now, the Environmental Impact Manifestations of service stations shall be filed with the Delegations of SEMARNAT in the states, under the Framework signed between the Secretariat and the ASEA Convention. Until such time as the General Rules and Procedures ASEA are not published, the SEMARNAT´s will be in force.

As for the service stations sector, Pemex is currently in charge of the records; What if there is a new service station project, especially when the Pemex franchise will disappear and there will be competition for brand?

All existing transaction is approved under certain guidelines and that continues. The new operations will have to abide by the new regulations. The Agency was created with the regulations that exist today and will continue to improve gradually. Current operations will have to gradually adapt to the new regulatory framework.

Do Profepa inspectors no longer have supervisory activities in hydrocarbons?

During 2015 there will be a transition phase in which ASEA will be supported by Profepa inspectors in cases of environmental crimes in the hydrocarbon sector.

Does verification units will be recognized in environmental audit?

As in other matters, it will begin following with which now exists. If there is opportunity for improvement, that improvement will be sought together. Therefore, the environmental audit program that coordinates the Profepa is still valid and clean industry certificates also remain. The rules of verification units will continue to be applied today until a new regulation is issued.

Do verification units already exist?

In Mexico they already exist in specialized verification units, but it is expected from the Energy Reform to increase demand for these services. Consequently, the market will also have to grow in an orderly manner. Not everyone can be accredited as verification unit, and once accredited; the units will be subject to ongoing evaluation by the Agency.

The challenge is big and we must be confident that the ASEA provides security and legal certainty to those who govern, as well as the challenges in implementing the Energy Reform.