Chapter VII
IMPLEMENTATION
Article 82. Amendments to a number of articles of Circular No. 76/2017/TT-BTNMT dated December 29, 2017 of the Minister of Natural Resources and Environment on assessment of the carrying capacity for wastewater receiving and carrying of water sources of rivers and lakes
1. Clause 1 Article 7 is amended as follows:
”1. The capacity for wastewater receiving and carrying capacity of each segment of rivers and lakes shall be assessed according to each index, including: COD, BOD5, Ammonium, Total Nitrogen, Total Phosphorus and indices specified in Clause 2 of this Article.”
2. Article 9 is amended as follows:
Article 9. Assessment of the capacity for wastewater receiving and carrying capacity of rivers
1. The principle of assessment of the capacity for wastewater receiving and carrying of rivers:
The carrying capacity for wastewater receiving and carrying of rivers shall depend on the pollutants that are concerned, the flow and load of pollutants passing through the segment of rivers and the purpose of using the water source. The measure for assessment of the capacity for wastewater receiving and carrying capacity of rivers shall be implemented according to the general formula of the relationship between point sources, area sources, natural sources and load of pollutants lost due to changes in rivers and the load of pollutants at 2 cross sections of segments at a day of the year:
Dp + Ldiff + LB - NP = Ly - Ly0
In which:
a) Dp: total load of pollutants of point sources discharged into the segment (kg/day);
b) Ldiff: total load of pollutants of area sources discharged into the segment (kg/day);
c) LB: natural background load of pollutants discharged into the segment (kg/day);
b) NP: load of pollutants lost due to changes in the segment (kg/day);
dd) Ly, Lyo: load of pollutants at 2 cross sections of downstream and upstream of the segment (kg/day);
2. Construction of calculation scenarios:
a) A base scenario: flow of river according to the minimum flow (specified in Clause 2, Article 10 of this Circular), the load of pollutants at cross section of upstream that is the load of the indices of existing water quality in the water source of the segment according to regulations of Article 11 of this Circular, the load of pollutants at cross section of downstream of the segment that is the maximum load of the indices of surface water quality according to regulations of Article 10 of this Circular;
b) Scenarios for the entire load of the river segment;
c) Scenarios according to requirements for water quality in the future.
In case the quality of water and other conditions correspond to the base scenario, the carrying capacity for wastewater receiving and carrying of rivers shall be calculated according to the following methods specified in Clauses 3 and 4 and 5.
3. Direct assessment:
Formula: Ltn = (Ltd - Lnn) x Fs
In which:
a) Ltn: the capacity for wastewater receiving and carrying capacity of each pollution index (kg/day)
b) Ltd: the maximum load of each index of the quality of the surface water according to regulations of Article 10 of this Circular (kg/day);
c) Lnn: the load of each index of the quality of the existing water in the source of water of the segment according to regulations of Article 11 of this Circular (kg/day);
d) Fs: The factor of safety that is considered and selected in the range from 0.7 to 0.9 on the basis of the complete, reliable and accurate information and data used for assessment of the competent authority for approval for the capacity for wastewater receiving and carrying capacity specified in Clause 1, Article 15 of this Circular for consideration and decision.
4. Indirect assessment:
Formula: Ltn = (Ltđ - Lnn - Ltt) x Fs + NPtđ
In which:
a) Ltn: the capacity for wastewater receiving and carrying capacity of each pollution indices (kg/day)
b) Ltd, Fs: according to regulations of Points b, d, Clause 3 of this Article;
c) Lnn: the load of indices of the quality of the existing water in source of water of the segment according to regulations of Article 11 of this Circular (kg/day);
d) Ltt: the load of pollution indices in source of wastewater according to regulations of Article 12 of this Circular (kg/day);
dd) NPtd: the maximum load of pollution indices that are lost due to changes in the segment (kg/day); The value of NPtd depends on each pollutant. This value can be 0 for the pollutant that has a reaction to reduce this pollutant.
5. Model:
The competent authority shall approve the capacity for wastewater receiving and carrying capacity specified in Clause 1, Article 15 of this Circular for consideration and decision on the selection of suitable models for assessment according to the flow characteristics of the segment, river or entire river system, information and data on the flow, water quality and waste sources The model of assessment shall be adjusted and inspected before making
6. The assessment results shall meet the requirements specified in Clauses 1 and 2, Article 14 of this Circular.”
3. Article 12 is amended as follows:
“ Article 12. Determination of the load of pollution indices in source of wastewater
1. The waste sources shall include 03 main sources: point sources, area sources, natural sources The symbols of load of pollution indices of these three sources shall be Lt, Ld and Ln respectively.
The formula of the total load of pollution indices in the wastewater source shall be Ltt = Lt + Ld + Ln.
2. Formula of the load of pollutants from point sources:
Lt = Ct x Qt x 86,4
In which:
a) Ct: the analysis result of pollution indices in wastewater source according to regulations of Clause 2 of this Article, (mg/L)
b) Qt: the maximum flow of the wastewater source according to regulations of Clause 2 of this Article, (mg/L)
c) 86,4 is the conversation factor.
3. The analysis result of pollution indices in the wastewater source shall be calculated as average value of the analysis results of at least 10 wastewater samples with sampling frequency of 03 days/sample. In case the wastewater source was monitored according to regulations of law, this monitoring data shall be considered to assess.
4. The maximum flow of a wastewater source shall be determined on the basis of the result of monitoring of the flow of the wastewater source according to regulations of the law or the maximum flow that is recorded discharge license or the environmental license, legal documents on environmental protection that are promulgated by competent authorities.
5. In case there are many sources of wastewater, the determination of the load of pollution indices shall be done for each wastewater source.
6. The values of Ld and Ln shall be determined on the basis of aggregate consideration according to material balance equation specified in Clause 1, Article 9 of this Circular and correspond to the flow of water corresponding to the basic scenario specified in Clause 2, Article 9 of this Circular.
7. In case the socio-economic development planning has identified the source of wastewater, the flow and pollution indices expected to be discharged into the assessed segment, the load of each pollution indices shall be considered and additionally determined. The value of each pollution indice for the purpose of assessment shall be determined according to the limit value specified in the technical regulation on wastewater.”
4. Clause 2 Article 15 is amended as follows:
“2. The Ministry of Natural Resources and Environment shall investigate, assess the carrying capacity for wastewater receiving and carrying of rivers and lakes that are inter-provincial and inter-national water sources and collect opinions from the Ministries of Industry and Trade; Agriculture and Rural Development; Transport, Construction, Culture, Sports and Tourism, the People's Committee of province and relevant agencies and units.”
5. Clause 2 Article 16 is amended as follows:
“2. The assessment of the capacity for wastewater receiving and carrying capacity of rivers and lakes shall be carried out according to the period of plan for management of the quality of surface water in accordance with the Law on Environmental Protection or approved by the competent authority specified in Clause 1, Article 15 of this Circular for consideration and decision on the re-assessment of the capacity for wastewater receiving and carrying capacity of the water source in case of the following cases:
a) There is an adjustment to the socio-economic development planning regarding the purpose of using water and discharging wastewater into water sources;
b) There are works and projects on extraction, use of water and discharge of wastewater into new water sources that make big changes to the flow regime and the water quality of rivers and lakes;
c) At the request of the competent state agency.”
Article 83. Transitional provision
1. The hazardous waste codes including no.01 04 07, 02 05 01, 03 01 08, 03 02 08, 03 03 08, 03 04 08, 03 05 08, 03 06 08, 03 07 08, 04 02 04, 10 02 03 , 12 06 06, 12 06 07, 12 06 08, 12 07 05 in the list of codes of hazardous wastes attached to Circular No. 36/2015/TT-BTNMT dated June 30, 2015 of the Minister of Natural Resources and Environment on management of hazardous wastes shall be replaced by the hazardous waste codes no. 12 06 05 specified in Form No. 01, Appendix III issued together with this Circular.
2. The establishment that registered with the owner of source of hazardous waste with hazardous waste codes specified in Clause 1 of this Article before the effective date of this Circular may be allowed to continue to use these hazardous waste codes and transfer to hazardous waste treatment facility that is licensed to handle hazardous waste code No. 12 06 05 until the establishment has environmental license or environmental registration
3. The establishment that is granted hazardous waste treatment license(component environmental license) with hazardous waste codes specified in Clause 1 of this Article before the effective date of this Circular may be allowed to continue to collect and treat these hazardous waste codes and hazardous waste codes no.12 06 05 until the component environmental license expires.
4. From the effective date of this Circular, the owner of source of hazardous waste and hazardous waste treatment facility shall use hazardous waste codes no.12 06 05 for waste codes specified in Clause 1 of this Article.
Article 84: Entry into force
1. This Circular comes into force as of January 10, 2022.
2. From the effective date of this Circular, the following circulars will expire:
a) Circular No. 19/2015/TT-BTNMT dated April 23, 2015 of the Minister of Natural Resources and Environment detailing the appraisal of operating conditions of environmental monitoring services and certificates;
b) Circular No. 22/2015/TT-BTNMT dated May 28, 2015 of the Minister of Natural Resources and Environment stipulating the environmental protection in the process of using drilling fluids; waste management and environmental monitoring for offshore oil and gas operations;
c) Circular No. 35/2015/TT-BTNMT dated June 30, 2015 of the Minister of Natural Resources and Environment on the environmental protection of economic zones, industrial parks, export processing zones and hi-tech parks.
d) Circular No. 36/2015/TT-BTNMT dated June 30, 2015 of the Minister of Natural Resources and Environment on management of hazardous wastes
dd) Circular No. 38/2015/TT-BTNMT dated June 30, 2015 of the Minister of Natural Resources and Environment on environmental remediation and restoration in mineral mining activities;
e) Circular No. 43/2015/TT-BTNMT dated September 29, 2015 of the Minister of Natural Resources and Environment on state of the environment report, set of environmental indicators and management of environmental monitoring data.
g) Circular No. 19/2016/TT-BTNMT dated August 24, 2016 of the Minister of Natural Resources and Environment on environmental protection reports;
h) Circular No. 31/2016/TT-BTNMT dated October 14, 2016 of the Minister of Natural Resources and Environment on environmental protection in industrial clusters, concentrations of businesses, service providers, trade villages, production, commercial and service establishments;
i) Circular No. 34/2017/TT-BTNMT dated October 4, 2017 of the Minister of Natural Resources and Environment on recall and treatment of discarded products.
k) Circular No. 25/2019/TT-BTNMT dated December 31, 2019 of the Minister of Natural Resources and Environment elaborating some Articles of the Government’s Decree No. 40/2019/ND-CP dated May 13, 2019 on amendments to Decrees on guidelines for the Law on Environmental Protection and provide for management of environmental monitoring services,
3. g) From the effective date of this Circular, Section 2.2.1 of QCVN 36:2010/BTNMT- National technical regulation on discharge of Drilling Fluids and Drilling Cuttings for Offshore Oil and Gas Facilities attached to Circular No. 42/2010/TT-BTNMT dated December 29, 2010 of the Minister of Natural Resources and Environment on national technical regulations on environment will expire.
Article 85. Responsibility for implementation
1. The ministers, ministerial authorities, governmental agencies, the People's Committees at all levels shall be responsible for the implementation of this Decree
2. The Department of Natural Resources and Environment shall be responsible for assisting the People's Committee of province to implement this Circular in their local area.
3. The relevant organizations and individuals shall be responsible for the implementation of this Circular.
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