Submission

Summary of the matter addressed in the submission:

The Submitters assert that Mexico is failing to take actions to prevent air pollution in areas under state and municipal jurisdiction, to establish and keep up-to-date a national air quality information system, and to devise state and municipal urban development plans indicating the zones in which polluting industrial facilities may be sited. The Submitters allege that these actions are required by the Mexican Constitution, Mexico’s federal General Law of Ecological Balance and Environmental Protection (Ley General del Equilibrio Ecológico y la Protección al Ambiente-LGEEPA), rules on air pollution adopted under the LGEEPA, the federal General Health Law, a number of Mexican Official Standards on air pollution, and the environmental protection and public safety laws for the State of Sonora. The authorities cited by the submission as responsible for allegedly failing to effectively enforce environmental law are the Ministry of the Environment and Natural Resources (Semarnat), the Office of the Federal Attorney for Environmental Protection (Profepa), the executive branch of the government of the State of Sonora, the State Department of Urban Infrastructure and Environment, and the Municipality of Hermosillo.

Summary of the response provided by the Party:

Mexico, in its response, maintains that the submission should have been dismissed because it did not meet some of the requirements of Article 14 of the North American Agreement on Environmental Cooperation (NAAEC). As to the contents of the submission, Mexico asserts that, according to their information, unpaved roads are the source of 78% of suspended particle emissions and that this priority was addressed by the paving of approximately 28 ha of streets in Hermosillo. Mexico states that pollutant monitoring has been implemented at the federal level since 1988 and that the Pollutant Release and Transfer Register (PRTR) is in process. It states that it uses the available pollution control mechanisms including the Uniform Environmental License (Licencia Ambiental Unica-LAU), the Operating License (Licencia de Funcionamiento) and the Annual Release and Transfer Report (Cédula de Operación Anual-COA), and that it inspects and monitors air pollution sources. The state government of Sonora administers the environmental impact assessment procedure, issues operating licenses, inspects and monitors pollution sources, acts in coordination with other levels of government, and has implemented an air quality assessment and improvement program. Finally, Mexico states that the Municipality of Hermosillo has various relevant mechanisms including environmental impact assessment, response to environmental complaints, and an environmental contingency plan.

Names and citations of the environmental laws in question:

Mexico's federal General Law of Ecological Balance and Environmental Protection (Ley General del Equilibrio Ecológico y la Protección al Ambiente-LGEEPA), rules on air pollution adopted under the LGEEPA, the federal General Health Law, a number of Mexican Official Standards on air pollution, and the environmental protection and public safety laws for the State of Sonora.

Submitter(s):

Academia Sonorense de Derechos Humanos, A.C. and Mr. Domingo Gutiérrez Mendívil