On July 8, 2021, Vietnamese Ministry of Natural Resources and Environment publicized a draft of new National Technical Regulation (QCVN) on industrial dust and emissions (hereafter “the draft regulation”) and invited comments from the public. The draft regulation will, if enacted, replace existing 11 standards listed below, with the primary revision being the introduction of allowable limit values for pollutants contained in exhaust gases by equipment type. Currently, such values are set by business sector. It also introduces allowable limit values for dioxins and frans in exhaust gases, for the first time in the country.
- Industrial emission standards (inorganic substances and dusts) QCVN 19:2009/BTNMT
- Industrial emission standards (organic substances) QCVN 20:2009/BTNMT
- Emission standards by sector (QCVN 21:2009/BTNMT, QCVN 22:2009/BTNMT, QCVN 23:2009/BTNMT, QCVN 34:2010/BTNMT, QCVN 51:2017/BTNMT, QCVN 02:2012/BTNMT (partial revision), QCVN 30:2012/BTNMT (partial revision), QCVN 61-MT:2016/BTNMT (partial revision), QCVN 41:2011/BTNMT (partial revision))
The draft regulation can be downloaded at:
The major contents of the draft regulation are summarized as follows:
Scope and target
The draft regulation sets out allowable limit values for pollutants contained in industrial exhaust gases emitted into the atmosphere (exhaust gases emitted from means of transportation are excluded).
|1||Allowable limit values (mg/Nm3) for pollutants in industrial exhaust gases emitted into the atmosphere (Level A and Level B): total 43 substances||Table 1 of the draft regulation|
|2||Allowable limit values (mg/Nm3) for dusts in industrial exhaust gases emitted into the atmosphere (Level A and Level B): total 12 substances||Table 2 of the draft regulation|
The allowable limit values for pollutants specified in Tables 1 and 2 are calculated on an hourly average basis.
The major revision of the draft regulation from the current regulation on industrial emissions is that the allowable limit values are set in detail for each type of equipment used. In addition, allowable limit values for dioxins and furans are introduced for the first time in the country, with the unit of ngTEQ/Nm3. The methodology for determining the toxicity equivalents (TEQs) of dioxins and furans is specified in Annex II of the draft regulation.
The draft regulation specifies the method for determining regulated pollutants contained in industrial emissions in detail (as in the draft regulation on industrial wastewater). These regulated pollutants will be the basis for defining the parameters subject to mandatory periodic environmental measurements for Environmental Impact Assessment (EIA) reports and environmental licensing procedures. Basically, the regulated pollutants will be determined based on the types of equipment that discharge industrial exhaust gases as specified in Tables 1 and 2 of the draft regulation. In addition, pollutants emitted from special facilities not listed in Tables 1 and 2 will be considered separately.
For facilities and projects that are in operation or under construction and for which environmental licenses are issued after the effective date of the proposed regulation, the existing technical regulation on industrial emissions and the permissible limit values for pollutants specified in local standards will apply until December 31, 2024. From January 1, 2025, the allowable limit values specified in columns A of Table 1 and 2 will apply.
On the other hand, for new investment projects, the allowable limit values specified in column B of Tables 1 and 2 will apply from the effective date of the standard.
This draft technical regulation makes a major change to the current regulations on emissions, if enacted. Business entities should pay special attention to the following points:
- In making EIA reports or environmental license applications, they must provide the competent authority with sufficient and accurate information on their raw materials, fuels, chemicals used, safety data sheets (SDS), list of pollutants that may be generated, etc.
- If some pollutants are newly generated, the business entity shall notify the competent authority of any changes in the pollutants subject to the periodic measurement.