Regulations on monitoring of industrial emission in Vietnam

What are the current regulations on monitoring of industrial emission in Vietnam? Please get back to me.

Regulations on monitoring of industrial emission in Vietnam (Image from the Internet)

Legal grounds:

- Clause 23, Article 3 of Decree 40/2019/ND-CP takes effect from July 1, 2019.

- Article 47 of Decree 38/2015/ND-CP

The monitoring of industrial emission according to the latest regulations of current law is as follows:

- Entities, frequency and parameters of regular emission monitoring:

+ Ongoing facilities and projects having scale and capacity equivalent to the projects/plans subject to EIA report and total volume of emissions discharged to environment is 5,000m3/hour or higher (according to the total design capacity of emission treatment systems or the flow of emissions approved in the EIA report and equivalent documents) shall perform regular wastewater monitoring every 3 months. If technical regulations on environment or regulations on environmental monitoring techniques promulgated by the Ministry of Natural Resources and Environment stipulate monitoring frequency of certain particular environment pollution parameters by sectors, such regulations shall prevail;

+ Ongoing facilities, industrial parks and projects having scale and capacity equivalent to the projects/plans subject to registration of environment protection plan and total flow of emissions discharged to environment is 5,000m3/hour or higher (according to the total design capacity of emission treatment systems or the flow of emissions registered in the environmental protection plan) shall perform regular wastewater monitoring every 6 months. If technical regulations on environment or regulations on environmental monitoring techniques promulgated by the Ministry of Natural Resources and Environment stipulate monitoring frequency of certain particular environment pollution parameters by sectors, such regulations shall prevail;

+ Encourage facilities not prescribed in Points a and Point b of this Clause to perform regular emission monitoring as the basis for assessment of conformity with technical regulations on environment; if the emission exceeds technical regulations on environment, it is required to check the emission treatment system or renovate, upgrade emission treatment works meeting technical regulations on environment before releasing emission to environment;

+ Regular emission monitoring parameters are specified in national technical regulations or local technical regulations on environment as prescribed;

+ The monitoring of flow of emissions of the large-flow emission treatment system and equipment prescribed in Appendix I Section III issued herewith shall be carried out via the emission flow meter; the flow of emissions of other emission treatment system and equipment shall be determined through emission monitoring equipment as prescribed.

- The automatic and continuous emission monitoring shall be carried out in the following cases:

+ Projects, facilities under the list of large-flow emission sources prescribed in Appendix I Section III issued herewith;

+ Incinerators of hazardous waste; incinerators of waste of provincially-centralized waste treatment facilities;

+ Emissions of facilities using imported scrap as production materials subject to EIA reports;

+ Facilities which carried administrative penalties for releasing emissions exceeding technical regulations on environment but still repeat that offense or committed such offense multiple times before facing the penalties;

+ Other cases decided by the People’s Committee of province.

- In the cases prescribed in Clause 2 hereof, it is required to install automatic and continuous emission monitoring system with CCTV and transmits data directly to Department of Natural Resources and Environment where the facilities are located before December 31, 2020.

In case where a project prescribed in Clause 2 hereof is under construction phase, it must install the automatic and continuous emission monitoring system before it is put into operation. In a case prescribed in Point d Clause 2 hereof, it must install automatic and continuous emission monitoring system within the period of time mentioned in the decision on penalty for administrative violation. Automatic and continuous emission monitoring parameters include:

+ Fixed environmental parameters include: flow, temperature, pressure, surplus O2, total suspended particles, SO2, NOand CO (unless a technical regulations on environment in a special sector requires no control);

+ Particular environmental parameters by sectors referred to in the report and decision on approval for EIA report or certified environmental protection plan.

- Automatic and continuous emission monitoring system with CCTV must undergo testing, survey, and calibration as per the law on science and technology, standards, metrology and quality.

- Responsibilities of the Ministry of Natural Resources and Environment:

+ Supervise data of automatic and continuous emission monitoring; evaluate measurement results of automatic and continuous emission monitoring per day (24 hours) and compare them with maximum permissible limits of pollution parameters according to the technical regulations on waste; supervise and inspect the handling measures in the following cases: monitoring data is interrupted; detect parameters exceeding technical regulations on environment and propose handling measures as prescribed;

+ Aggregate and transmit data of automatic and continuous emission monitoring in the province to the Ministry of Natural Resources and Environment as prescribed and upon request.

- Encourage business entities not specified in Clause 2 hereof to install automatic and continuous emission monitoring system to supervise and propose environment improvement solutions to their emission treatment system. These facilities are exempt from regular emission monitoring programs as per the law.

- Entities prescribed in Clause 2 hereof are exempt from regular emission monitoring associated with parameters which have been monitored on an automatic and continuous basis.

- The results of regular emission monitoring, automatic and continuous emission monitoring shall be used as the basis for issuing licenses for industrial emissions.

- The Ministry of Natural Resources and Environment shall provide technical guidelines for regular emission monitoring, automatic and continuous emission monitoring; and use of automatic and continuous emission monitoring data.

Above is the consulting content.

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