Vietnam Vietnam: new decree to monitor pollutant emissions under the Environmental Protection Law 2020

Vietnam: new decree to monitor pollutant emissions under the Environmental Protection Law 2020

On January 10, 2022, the Vietnamese government established the Decree No. 08/2022/ND-CP Detailing a Number of Articles of Law on Environmental Protection 2020 (hereinafter “the Decree”), which came into effect on the same day. Articles 97 and 98 of Chapter 7 of the Decree detail the provisions on the environmental monitoring of wastewater, exhaust gas, and dust, as stipulated in Articles 111 and 112 of the Environmental Protection Law 2020. Under the Decree, continuous automatic periodic monitoring will be mandatory, depending on the type of industry and the amounts of pollutants emitted.

The Decree 08/2022/ND-CP can be downloaded from
https://monre.gov.vn/VanBan/Pages/ChiTietVanBanPhapQuy.aspx?pID=277

 

Wastewater monitoring

The Annex XXVIII to the Decree specifies the scope of regulated business operation, such as business form, flow rates, measurement parameters, and measurement methods, as summarized as below.

No.

Business form Flow rate
(A)

(B)

1 Centralized wastewater treatment systems in manufacturing, trading, and service intensive industrial zones (including facilities that are exempt from connection to centralized wastewater treatment facilities and discharge wastewater directly into the environment) and industrial economic zones Any discharge
2 Projects and facilities that fall under any of the business forms of production, trade, and service that pose a risk of environmental pollution, as defined in Annex II to the Decree. 500 m3/day or more

<Flow rate: large>

200 or more and less than 500 m3/day

<Flow rate: Medium>

3 Projects and facilities that DO NOT fall under any of the business forms of production, trade, and service that pose a risk of environmental pollution, as defined in Annex II to the Decree. 1000 m3/day or more

<Flow rate: extra large>

500 or more and less than 1000 m3/day

<Flow rate: large>

Obligation to implement wastewater monitoring Perform automated AND periodic monitoring Perform automatic OR periodic monitoring

*Annex II mentioned above provides a list of manufacturing, trading, and service forms that may cause environmental pollution. (See related article: Vietnam revises EIA regulations)

Details of the periodic and automatic wastewater monitoring are stipulated as follows:

Periodic monitoring
  • Basically, the parameters and frequency of periodic measurements of wastewater are determined based on each environmental license.
  • For projects that have undergone an Environmental Impact Assessment (EIA), monitoring of wastewater must be conducted every three months.
  • For projects that are not subject to the mandatory EIA, monitoring of wastewater must be conducted every six months.
Automatic Monitoring
  • For existing facilities that fall into the column (A) of the table above, installation of a continuous automated wastewater monitoring system must be completed by December 31, 2024.
  • For new investment projects that fall under column (A) of the table above, the installation of a continuous automated wastewater monitoring system must be completed prior to test operation of the facility, from January 1, 2025.
  • For existing facilities that fall under column (A) of the table above and have already installed a continuous automated wastewater monitoring system, periodic monitoring will be exempted until December 31, 2024. However, from January 1, 2025, periodic monitoring will only be exempted for parameters that are automatically monitored.
  • For existing facilities that fall under column (B) of the table above and have already installed a continuous automated wastewater monitoring system, periodic monitoring will be exempted.
  • For facilities that discharge cooling water containing chlorine or pesticides more than 1000 m3/day, a continuous automatic wastewater monitoring system must be installed to monitor flow rate, temperature, and chlorine concentration.

 

Exhaust gas and dust monitoring

The Annex XXIX to the Decree stipulates the scope and methods of the mandatory exhaust gas and dust monitoring, such as business form, regulated construction works and facilities, flow rates of emissions, and measurement methods, as summarized below.

No.

Business form

Flow rate or treatment capacity of dust and exhaust gas treatment works and facilities

(A)

(B)

I Projects and facilities that fall under any of the business forms of production, trade, and service that pose a risk of environmental pollution and emit large quantities of exhaust gases or dust must perform continuous automated monitoring and periodic monitoring.
Fabrication of iron, steel and metallurgy products (excluding rolling, extension and casting from raw materials) 100,000 m3/hour or more 50,000 or more and less than 100,000 m3/hour
Manufacture of inorganic chemicals (excluding industrial gases), manufacture of chemical fertilizers (excluding mixing, extraction and packaging), and manufacture of agricultural chemicals (excluding mixing and extraction) 100,000 m3/hour or more 50,000 or more and less than 100,000 m3 /hour
Oil refining 100,000 m3/hour or more 50,000 or more and less than 100,000 m3/hour
Recycling and treatment of domestic waste, general industrial waste, and hazardous waste; dismantling of end-of-life vessels; and use of imported scrap as raw material for production Thresholds vary depending on the facility type Depends on processing facility
Coke production, coal gasification 100,000 m3/hour or more Less than 50,000 to 100,000 m3/hour
thermal power generation Power generation capacity of 50 MW or more Power generation capacity less than 50MW
Cement production 100,000 m3/hour or more Less than 50,000 to 100,000 m3/hour
Other projects/facilities that fall under any of the  business forms as specified in Annex II to the Decree 100,000 m3/hour or more Less than 50,000 to 100,000 m3/hour
II Projects and facilities that DO NOT fall under any of the business forms of production, trade, and service forms that pose a risk of environmental pollution and emit large quantities of exhaust gases or dust must only periodic monitoring.
Projects and facilities that do not fall under any business form as specified in Annex II to the Decree

50,000 m3/hour or more

*Annex II mentioned above provides a list of manufacturing, trading, and service forms that may cause environmental pollution. (See related article: Vietnam revises EIA regulations)

 

Details of the periodic and automatic monitoring of exhaust gas and dust are stipulated as follows.

Periodic monitoring
  • Basically, the parameters and frequency of periodic measurements of exhaust gas and dust are determined based on each environmental license.
  • For projects that have undergone an EIA, the frequency of measurement is specified as follows:
    • Once every 6 months for heavy metals and organic compounds
    • Once a year for dioxin/furan
    • Once every 3 months for other parameters
  • For projects that are not subject to the mandatory EIA, the frequency of measurement is specified as follows:
    • Once a year for heavy metals, organic compounds, and dioxins/furans
    • Once every 6 months for other parameters
Automatic Monitoring
  • For existing facilities that fall under column (A) of the table above, the installation of a continuous automated exhaust gas and dust monitoring system must be completed by December 31, 2024.
  • For new investment projects that fall under column (A) of the above table, a continuous automatic exhaust gas and dust monitoring system must be installed prior to test operation of the facility, from January 1, 2025.
  • For existing facilities that fall under column (A) of the above table and have already installed a continuous automatic exhaust gas and dust monitoring system, periodic monitoring will be exempted until December 31, 2024. However, after January 1, 2025, periodic monitoring will only be exempted for parameters that are automatically monitored.
  • For existing facilities that fall under column (B) of the above table and have already installed a continuous automatic exhaust gas and dust monitoring system, periodic monitoring will be exempted.