Summary
Details
- Mexico
Mandatory for facilities and activities within scope and jurisdictional competence definitions.
Exceptions depend on:
whether activities are regulated at the federal vs state level,
facility type and emission source profile,
thresholds and categories defined in permits and applicable NOMs.
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What’s Required
LGEEPA is a framework law; operational compliance is delivered through its regulations and permits. For atmospheric pollution and ESG risk management, key requirements include:
Federal competence and permitting: Facilities must identify whether operations fall under federal jurisdiction for atmospheric pollution control and comply with required authorisations and operating conditions.
Operational controls and emission limits: The atmospheric pollution regulation establishes control obligations, monitoring expectations, and compliance with applicable NOMs and emission limit provisions. Facilities must maintain operational procedures ensuring compliance with permit conditions and relevant standards.
Recordkeeping and inspections: Facilities should maintain compliance records supporting monitoring, maintenance, and operational practices. Enforcement agencies can conduct inspections and require documentation demonstrating compliance.
Integration with emissions reporting systems: Air pollution control intersects with annual reporting systems such as the Cédula de Operación Anual (COA) and RETC reporting obligations for covered establishments (see separate analysis).
In practice, companies should treat LGEEPA air regulation compliance as a core ESG legal baseline: it is often a prerequisite for stable operations, financing, and supply-chain qualification.
Important Deadlines
LGEEPA adoption: LGEEPA is a long-standing federal statute with amendments over time; compliance duties are continuous.
Regulation updates: The atmospheric pollution regulation is maintained and may be amended; firms should monitor DOF update cycles and ensure permits reflect current requirements.
Current Status
In force as Mexico’s principal environmental law, with the atmospheric pollution regulation in force as the implementing instrument for prevention and control duties.
Penalties for Non-Compliance
Non-compliance can result in:
administrative sanctions, corrective measures, and suspension of activities under enforcement processes,
permit modifications, restrictions, or revocations for persistent or material non-compliance,
potential criminal exposure in severe cases under broader environmental law principles (fact-dependent and typically reserved for serious conduct).
Examples of Known Violations
operating emission sources without the required authorization or outside permit conditions,
insufficient maintenance and operational controls leading to exceedances,
weak monitoring and recordkeeping, preventing demonstration of compliance,
inconsistent reporting across COA/RETC and internal records, triggering inspection findings.
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