Circular No. 3370/TT-MT guiding temporarily on addressing environmental incidents caused by fires and explosions involving petroleum products

CIRCULAR

MINISTRY OF SCIENCE, TECHNOLOGY AND ENVIRONMENT

Temporary Guidelines on
Addressing Environmental Incidents Caused by Gasoline Explosions and Fires

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Pursuant to Decree No. 175/CP dated October 18, 1994 of the Government guiding the implementation of the Law on Environmental Protection;

Pursuant to Decree No. 22/CP dated May 22, 1993 of the Government stipulating the tasks, powers, and organizational structure of the Ministry of Science, Technology, and Environment.

Based on the provisions of the following technical standards for fire and explosion safety:

TCVN-2622-78 - Fire Prevention and Extinguishing Standards for Buildings and Structures.

TCVN-3255-86 - General Requirements for Explosion Safety.

TCVN-3254-89 - General Requirements for Fire Safety.

TCVN-5684-92 - Fire Safety Standards for Petroleum Facilities.

TCVN-5654-92 - Environmental Protection Regulations at Offshore Oil Loading and Unloading Terminals.

TCVN-5760-93 - Firefighting System Design, Installation, and Usage Requirements.

In order to promptly address issues arising from the practical application of the Law on Environmental Protection when environmental incidents caused by gasoline explosions and fires occur, the Ministry of Science, Technology, and Environment hereby issues these temporary guidelines on addressing environmental incidents caused by gasoline explosions and fires.

1. Consequences of Environmental Incidents Caused by Gasoline Explosions and Fires.

Depending on the actual space, time, weather conditions, and geographical features where the explosion occurs, the severity of the environmental incident may vary. The consequences of environmental incidents caused by gasoline explosions and fires are often severe, not only causing economic losses but also polluting environmental components such as soil, water, air, disrupting ecological balance in the region, hindering production, and affecting the lives, health, and even lives of many people over a certain period or longer. Therefore, when an environmental incident caused by gasoline explosions and fires occurs, in addition to quickly applying rescue measures, it is necessary to simultaneously organize and implement the remediation of the environmental incident according to the regulations set forth in this guideline.

2. Tasks to be Performed During the Remediation of Environmental Incidents

The purpose of this work is to promptly prevent the impact of gasoline explosions and fires on the environment. Therefore, when an environmental incident caused by gasoline explosions and fires occurs, the following tasks must be carried out fully and quickly:

2.1. Notification Work

2.1.1. All organizations or individuals involved in production, business activities, and other activities related to gasoline who experience an explosion or receive information about an environmental incident caused by gasoline explosions or leaks in oil pipelines must immediately take all measures to promptly notify the nearest Fire Prevention and Fighting Police Department and the local Science, Technology, and Environment Department, or notify the nearest organization or individual with communication means such as telephone, fax, etc. These organizations or individuals have the responsibility to urgently notify relevant authorities such as higher-level oil management units, local authorities, and provincial or city Science, Technology, and Environment Departments to quickly coordinate and implement plans to address environmental incidents.

2.1.2. In cases where environmental incidents caused by gasoline explosions occur over a wide area, such as oil storage tank fires, oil pipeline leaks, offshore drilling platforms, or oil refineries, the management unit affected by the incident and the local Science, Technology, and Environment Department must immediately report to the Ministry of Science, Technology, and Environment and the Fire Prevention and Fighting Police Department under the Ministry of Interior to promptly plan and coordinate firefighting forces domestically or internationally to participate in addressing the incident.

2.2. Implementation Steps:

2.2.1. When an environmental incident caused by gasoline explosions occurs, the first step is to immediately stop supplying gasoline to any equipment within the affected area and apply measures to create a fire barrier between the affected area and the source of gasoline.

2.2.2. Disconnect all electrical systems leading to the affected area.

2.2.3. Find every possible way to rescue victims from dangerous areas.

2.2.4. Quickly evacuate remaining gasoline, vehicles, valuable assets, and residents from dangerous areas.

2.2.5. The Chairman of the People's Committee of the locality has the authority to mobilize human resources, materials, and equipment within their jurisdiction to quickly address the incident. The costs incurred will be reimbursed after determining the cause of the incident. In cases where the environmental incident caused by gasoline explosions occurs across multiple localities, the Chairmen of the People's Committees of the affected localities shall cooperate to address the incident.

2.2.6. The local Science, Technology, and Environment Department shall organize investigations, monitoring, and assessments of the extent and scope of environmental pollution, statistics and evaluations of economic losses, and forecasts of potential disease outbreaks.

2.2.7. The local Science, Technology, and Environment Department shall organize the monitoring of environmental changes, collaborate with local authorities to develop recovery plans and programs.

2.2.8. If necessary, the entity or individual responsible for the incident must provide initial assistance to families experiencing economic difficulties due to the environmental incident. This amount will be reimbursed immediately after determining the cause and liability for compensation.

2.2.9. In cases of particularly serious environmental incidents, the Ministry of Science, Technology, and Environment shall be responsible for proposing the Prime Minister to issue a decision to apply emergency measures.

3. Establishing Legal Documentation to Determine Liability for Compensation for Environmental Damage.

3.1. The provisions regarding compensation for environmental damage are stipulated in Article 7 of the Law on Environmental Protection.

3.2. The entire cost of environmental damage and expenses for addressing environmental incidents, as stipulated in Article 52 of the Law on Environmental Protection, shall be borne by the entity or individual responsible for the environmental incident, including the following items:

Costs for mobilizing rescue forces and equipment.

Costs for investigation, survey, data collection, sample analysis to assess environmental damage.

Compensation for economic losses.

Compensation for human health damages.

Costs for environmental recovery.

3.3. Basic Content of Legal Procedures for Claiming Compensation:

The Department of Science, Technology and Environment shall coordinate with relevant agencies to quickly collect comprehensive evidence for filing compensation claims. During the handling process, localities need to exchange opinions, cooperate with the Environmental Agency and legal experts, or seek international legal advice if necessary.

The basic content of conducting legal procedures includes:

Name and address of the organization or individual seeking compensation.

Name and address of the agency or head of the organization or individual causing the fuel fire or explosion incident.

Time and location where the fuel fire or explosion occurred.

A brief description of the progression and steps taken to address the fuel fire or explosion incident.

Costs for human and material resources mobilized to respond to the fuel fire or explosion.

Types and quantities of fuel destroyed.

Affected contaminated area.

Statistics on environmental recovery costs. - Number of deaths and injuries caused by the fuel fire or explosion.

Economic losses due to the fuel fire or explosion and environmental pollution including: houses, machinery, valuable assets, livestock, poultry, crops, farmland destroyed by pollution...

An assessment of the extent and scope of environmental pollution based on current national or international standards.

A forecast of disease outbreak risks and future environmental degradation.

Samples collected as evidence from the scene, photographs, video footage, and diagrams describing the incident site.

Article 4 Implementation Provisions.

Addressing environmental damage caused by fuel fires or explosions is often very difficult and complex, involving many physical and technical factors.

Therefore, the organization and implementation of this work must be timely, swift, and scientific.

The Department of Science, Technology and Environment, as the state management body for environmental protection at the local level, plays a crucial role as the lead agency assisting the Chairman of the Provincial People's Committee in addressing environmental incidents.

While awaiting the establishment of a national contingency fund for environmental degradation, the costs incurred during the resolution of fuel fire or explosion incidents are funded from the state budget allocated according to plans by ministries, sectors, and localities from the environmental incident contingency fund. This amount will be repaid to the national contingency fund or the state budget upon determination of the entity or individual responsible for the incident and their liability for compensation.

The Ministry of Science, Technology and Environment hereby notifies all sectors and localities to study and proactively implement these guidelines, and must regularly report to the Ministry of Science, Technology and Environment on the progress and implementation of these guidelines.

This temporary circular takes effect from the date of issuance./.