Circular No. 45/2024/TT-BTNMT Issuing National Technical Regulations on Industrial Emissions

CIRCULAR
Issuing national technical regulations on industrial emissions

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Pursuant to the Law on Standards and Technical Regulations dated June 29, 2006;

Pursuant to the Environmental Protection Law dated November 17, 2020;

Pursuant to Decree No. 08/2022/ND-CP dated January 10, 2022 of the Government detailing implementation of certain provisions of the Law on Environmental Protection;

Pursuant to Decree No. 127/2007/ND-CP dated August 1, 2007 of the Government detailing implementation of certain provisions of the Law on Standards and Technical Regulations, and Decree No. 78/2018/ND-CP dated May 16, 2018 of the Government amending and supplementing certain provisions of Decree No. 127/2007/ND-CP dated August 1, 2007 of the Government detailing implementation of certain provisions of the Law on Standards and Technical Regulations;

Pursuant to Decree No. 68/2022/NĐ-CP dated September 22, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

At the proposal of the Director of the Environmental Pollution Control Department and the Head of the Science and Technology Department;

The Minister of Natural Resources and Environment issues this Circular on issuing national technical regulations on industrial emissions.

Clause 4 of Article 6Attached to this Circular is the National Technical Regulation on Industrial Emissions (QCVN 19:2024/BTNMT).

Article 2. Effective Date

Article 32. Responsibilities of Agencies

2. The following national technical regulations shall cease to be effective as provided for in the transitional clause under Article 3 and the implementation timeline under Article 4 of this Circular:

a) QCVN 19:2009/BTNMT - National Technical Regulation on Industrial Emissions for Dust and Inorganic Substances, QCVN 20:2009/BTNMT - National Technical Regulation on Industrial Emissions for Certain Organic Substances, QCVN 21:2009/BTNMT - National Technical Regulation on Industrial Emissions for Chemical Fertilizer Production, QCVN 22:2009/BTNMT - National Technical Regulation on Industrial Emissions for Thermal Power Plants, QCVN 23:2009/BTNMT - National Technical Regulation on Industrial Emissions for Cement Production (issued together with Circular No. 25/2009/TT-BTNMT dated November 16, 2009 of the Minister of Natural Resources and Environment on national technical regulations on the environment);

b) QCVN 34:2010/BTNMT - National Technical Regulation on Industrial Emissions for Refining and Petrochemical Industries for Dust and Inorganic Substances (issued together with Circular No. 42/2010/TT-BTNMT dated December 29, 2010 of the Minister of Natural Resources and Environment on national technical regulations on the environment);

c) QCVN 51:2017/BTNMT - National Technical Regulation on Industrial Emissions for Steel Production (issued together with Circular No. 78/2017/TT-BTNMT dated December 29, 2017 of the Minister of Natural Resources and Environment on national technical regulations on the environment).

3. The maximum allowable values tables for pollution parameters in emissions in the following national technical regulations shall cease to be effective as provided for in the transitional clause under Article 3 and the implementation timeline under Article 4 of this Circular:

a) Table 1 and Table 4 of QCVN 41:2011/BTNMT - National Technical Regulation on Co-processing Hazardous Waste in Cement Kilns (issued together with Circular No. 44/2011/TT-BTNMT dated December 26, 2011 of the Minister of Natural Resources and Environment on national technical regulations on the environment);

b) Table 2 of QCVN 02:2012/BTNMT - National Technical Regulation on Medical Waste Incinerators, Table 2 of QCVN 30:2012/BTNMT - National Technical Regulation on Industrial Waste Incinerators (issued together with Circular No. 27/2012/TT-BTNMT dated December 28, 2012 of the Minister of Natural Resources and Environment on national technical regulations on the environment);

c) Table 4 of QCVN 56:2013/BTNMT - National Technical Regulation on Used Oil Recycling (issued together with Circular No. 57/2013/TT-BTNMT dated December 31, 2013 of the Minister of Natural Resources and Environment on national technical regulations on the environment);

d) Table 2 of QCVN 61-MT:2016/BTNMT - National Technical Regulation on Municipal Solid Waste Incinerators (issued together with Circular No. 03/2016/TT-BTNMT dated March 10, 2016 of the Minister of Natural Resources and Environment on national technical regulations on the environment).

4. In cases where environmental zones have not been determined, Column B as specified in Tables 1 and 2 of QCVN 19:2024/BTNMT shall apply.

Article 3. Transitional Provisions

1. Existing facilities that have commenced operation, investment projects that have received decisions approving the results of environmental impact assessment reports or have had complete and valid files accepted by competent authorities for environmental impact assessment report review, issuance of environmental permits, or environmental registration (hereinafter referred to collectively as ongoing investment projects) before the effective date of this Circular shall continue to apply national technical environmental regulations on industrial emissions corresponding to their production, business, and service types and local government regulations (including local technical environmental regulations on industrial emissions) until December 31, 2031.

2. Where competent authorities issue regulations related to changes in zone coefficients (K), entities subject to Clause 1 of this Article shall implement according to the timelines set forth by the competent authorities when issuing such regulations._vIn the case of the subjects specified in Clause 1 of this Article, they shall implement according to the timeline prescribed by the competent state agency when promulgating the aforementioned regulations.

Article 4. Implementation timeline

1. From the effective date of this Circular, new investment projects (including new projects, expanded scale projects, increased capacity projects submitting applications for environmental impact assessment report review, issuance of environmental permits, or environmental registration after the effective date of this Circular) must comply with the provisions of QCVN 19:2024/BTNMT.

2. As of January 1, 2032, entities subject to Clause 1 of Article 3 of this Circular must meet the requirements stipulated in QCVN 19:2024/BTNMT, except where provincial People's Committees issue earlier implementation timelines.

3. It is encouraged that entities subject to Clause 1 of Article 3 of this Circular adopt the provisions of QCVN 19:2024/BTNMT from the effective date of this Circular.

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

1. Ministries, agencies at the level of ministries, People's Committees at all levels, Provincial Departments of Natural Resources and Environment, and relevant organizations and individuals are responsible for implementing this Circular.

2. During the implementation of this Circular, if any difficulties arise, relevant agencies, organizations, and individuals should promptly reflect them in writing to the Ministry of Natural Resources and Environment for consideration and resolution./.