Thông tư 40/2015/TT-BTNMT

CIRCULAR

ON THE TECHNICAL PROCEDURE FOR MONITORING EXHAUST GASES

Pursuant to the Law on Environmental protection dated 23 June 2014;

Pursuant to the Government’s Decree No. 21/2013/NĐ-CP dated 04 March 2013 on regulating the functions, missions, authority and organizational structure of the Ministry of Natural Resources and Environment;

At the requests of the Head of Vietnam Environment Administration, Head of Department of Legal Affairs and Head of Department of Science and Technology;

Minister of Natural Resources and Environment issues the Circular on the technical procedure for monitoring exhaust gases,

Article 1. Scope of regulation

1. This Circular regulates the technical procedure for monitoring exhaust gases from chimneys and exhaust pipes of factories, facilities for production, processing, trading and industrial services and waste incineration plants (referred to as the facilities).

2. The monitoring of exhaust gases through automatic and continuous monitoring equipment is not governed by this Circular.

Article 2. Regulated entities

This Circular is applicable to environmental authorities and entities involved in environmental monitoring activities.

Article 3. Definitions and abbreviations

1. Isokinetic sampling method maintains the velocity at the sampling point inlet at the same speed as the velocity of flue gas at that point.

2. Direct monitoring equipment promptly displays parameters required upon its placement in the measured environment.

3. Abbreviations in this Circular are construed as follows:

- US EPA method: US Environmental Protection Agency’s approaches.

- AS: National standards of Australia.

- ISO: standards from International Organization for Standardization.

- JIS: Japanese industrial standards

Article 4. Principles for the application of standards and for citation methods

1. The application of standards and the methods of citation must abide by the scene monitoring and environment analyzing standards and approaches as stated in Section 2 and Section 3, Article 8 of this Circular.

2. If amendments to the scene monitoring and environment analyzing standards and approaches occur, newly revised standards and approaches shall come into force.

Article 5. Technical procedure for monitoring exhaust gases

The technical procedure for monitoring exhaust gases is stipulated in Article 6, Article 7 and Article 8 of this Circular.

Article 6. Specifying the objectives of a monitoring program

1. Provide data for the Central and local authorities’ control of air pollution and administration of air environment.

2. Execute regulations, environmental monitoring and supervision requests by competent governmental authorities.

3. Assess the compliance with technical environmental codes on exhaust gases.

4. Appraise the performance of exhaust gas treatment systems and equipment.

Article 7. Designing a monitoring program

1. Specify locations and quantity of monitoring spots according to Appendix 1 of this Circular.

2. Determine monitoring parameters

Monitoring parameters are determined subject to competent governmental authorities’ regulations and requests, technical environmental codes on exhaust gases from industrial sectors and waste incinerators, monitoring programs’ objectives, production types and size, features of exhaust sources:

a) Parameters mandatorily monitored on the scene consist of temperature, velocity, flow, moisture content, dry molecular weight, exhaust gas pressure. Technical regulations on parameters mandatorily monitored on the scene are stipulated in Appendix 02, 03 and 04 of this Circular;

b) Parameters sampled from the field and analyzed in laboratories consist of total particulate matter (PM), PM₁₀, SO₂, NO_x (NO and NO₂), H₂SO₄, smoke unit, CO, H₂S, COS, CS₂, Pb, F-organic compounds, dioxins/furans (PCDD/PCDF), total organic matters excluding methane (TGNMO), HBr, Cl₂, Br₂, HF, HCL, Sb, As, Ba, Be, Cd, Cr, Co, Cu, Mn, Ni, P, Se, Ag, TI, Zn, Hg, polycyclic aromatic hydrocarbons (PAHs);

c) Parameters including SO₂, NO_x (NO and NO₂), CO, O₂, apart from field sampling and laboratory analysis as defined in Point b of this Article, may be directly measured on the scene upon the fulfillment of the requirements as stated in Appendix 6 of this Circular.

3. Specify time, frequency and quantity of monitoring samples

a) Monitoring time: sampling is conducted when the facilities’ production activities reach at least 50% of the designed capacity. During the sampling, such facilities must be stably operating;

b) Frequency of monitoring times: at least once every 3 months;

c) Quantity of samples per sampling time: at least 03 samples each time.

4. Establish a monitoring plan

An exhaust gas monitoring plan shall include:

a) The list of personnel performing the monitoring tasks and assignments for each participating person;

b) The list of organizations and individuals participating and cooperating in the monitoring of environment (if any);

c) The list of monitoring equipment, apparatus, and chemicals for field monitoring and laboratory analysis;

d) Labor safety tools and equipment for the monitoring of environment;

dd) Parameters and methods for field monitoring, samples required, sample volume, methods of preservation and transportation, and storage time;

e) Parameters and methods for laboratory analysis;

g) Environmental monitoring expenses;

h) The plan for environmental monitoring quality assurance and management.

Article 8. Implementing a monitoring program

1. Following preparations shall be made prior to monitoring activities

a) Prepare monitoring equipment: monitoring equipment must be verified, calibrated, maintained, inspected and cleaned according to the regulations of competent governmental authorities and manufacturers’ guidelines;

b) Prepare tools, apparatus, chemicals and filtration materials: prepare proper impingers, absorbents, adsorbates, air sample containers according to monitoring parameters and methods. The heat limit of filtration materials must exceed the temperature of exhaust gases and correspond with monitoring parameters;

c) Prepare supporting devices such as global positioning system (GPS) devices, cameras, walkie-talkies, computers;

d) Prepare labor safety tools: prepare adequate labor safety instruments such as clothing, footwear, specialized gloves (of heat-proof and acid-proof materials), masks or face mufflers, insurance belts, helmets, first aid kits;

dd) Determine monitoring positions: conduct field survey of chimneys, determine monitoring positions, prepare sampling holes, work platform, equipment lifting plans, labor safety, power source prior to the monitoring. The preparation of sampling holes must set the size and positions of holes in accordance with the sampling activities;

e) Inspect and assemble equipment: inspect sampling point inlets and pitot tube ends to keep holes from error-causing dust, inspect filtration materials, make marks (on box covers, sample storage wrappings) before installing such into equipment and assembling sampling equipment according to manufacturers’ guidelines and equipment impermeability check. Sampling point inlets must be sealed to prevent dust infiltration during the transportation of equipment to the sampling positions.

2. Field monitoring

Field monitoring must abide by the methods as stated in the following Table 1:

Table 1: Methods for field monitoring of exhaust gases

3. Laboratory analysis

The analysis of exhaust gas samples in laboratories must conform to the method as stated in the following Table 2:

Table 2: Methods for laboratory analysis of exhaust gases

a) Technical regulations on monitoring total particulate matters (PM) are defined in Appendix 5 of this Circular;

b) For parameters whose standards or methods are not specified in Section 2 or Section 3 of this Article, other international methods and standards of equal or greater precision are allowed;

c) Environmental monitoring quality assurance and control are governed by the laws.

4. Data processing and reporting

a) Monitoring data processing includes data verification and result-giving calculations.

Environmental monitoring data is verified according to the following documents:

+ Field monitoring documents including records and journals of field sampling and measurement, records of sample deliveries, field measurement records, field monitoring calculation and result records;

+ Laboratory analysis documents including test records, result-giving calculations, laboratory analysis, original data in analysis equipment;

+ Field and laboratory quality assurance and control documents including but not limited to records and journals of sampling and findings from field quality control samples, results of equipment inspection by standard field air, findings from laboratory quality control samples.

+ Equipment inspection and calibration documents including stamps and certificates systematically managed and archived, and available at the requests of competent governmental authorities.

- Result-giving calculations:

+ The result reported must be the average of 03 samples' results in 01 monitoring time;

+ If field monitoring of parameters is performed according to Point c, Section 2, Article 7, result-giving calculations must abide by the regulations of Section 5, Appendix 6 of this Circular.

b) Monitoring result report

The reporting of exhaust gas monitoring result must abide by the laws on the management of environmental monitoring data and must include but is not limited to monitoring program’s objectives, monitoring units (names, addresses, sampling individuals), facilities’ names, exhaust sources' properties, facilities' operational properties upon the monitoring, monitoring program's information, positions and number of monitoring spots, quantity of monitoring samples, monitoring parameters, monitoring duration, monitoring methods and equipment, monitoring process and findings (findings from each sample or calculation, average results and field sampling records, results of equipment inspection by standard field air); remarks, evaluations of findings.

Article 9. Term of effect

This Circular takes effect as of 05 October 2015.

Article 10. Implementation

1. Ministers, Heads of authorities at ministerial level, Heads of Government’s authorities, Chairs of People’s Committees at various levels, and relevant organizations and individuals are responsible for enforcing this Circular.

2. Vietnam Environmental Administration is responsible for guiding, inspecting and supervising the implementation of this Circular.

3. During the implementation of this Circular, obstacles and difficulties shall be related in writing to Ministry of Natural Resources and Environment for consideration and settlement./.