Thông tư 20/2023/TT-BTNMT Quy chuẩn kỹ thuật quốc gia về thu gom, vận chuyển, lưu giữ, tái chế, tái sử dụng và xử lý các chất được kiểm soát

CIRCULAR

NATIONAL TECHNICAL REGULATION ON COLLECTION, TRANSPORTATION, STORAGE, RECYCLING, REUSE AND HANDLING OF CONTROLLED SUBSTANCES

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

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

Pursuant to the Government's Decree No. 127/2007/ND-CP dated August 01, 2007 elaborating certain Articles of the Law on Standards and Technical Regulations;

Pursuant to the Government's Decree No. 78/2018/ND-CP dated May 16, 2018 on amendments to some Articles of the Government's Decree No. 127/2007/ND-CP dated August 01, 2007 elaborating certain Articles of the Law on Standards and Technical Regulations;

Pursuant to the Government's Decree No. 06/2022/ND-CP dated January 07, 2022 on mitigation of green house gas emissions and protection of ozone layer;

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

At the request of Director General of Department of Climate Change, Director General of Department of Science and Technology and Director General of Department of Legislation;

The Minister of Natural Resources and Environment hereby promulgates a Circular promulgating National technical regulation on collection, transportation, storage, recycling, reuse and handling of controlled substances.

Article 1. Promulgated together with this Circular is the National technical regulation on collection, transportation, storage, recycling, reuse and handling of controlled substances, code: QCVN 76:2023/BTNMT.

Article 2. Effect

This Circular comes into force from May 30, 2024.

Article 3. The Ministry, ministerial agencies, People’s Committees, Departments of Natural Resources and Environment of provinces and central-affiliated cities, organizations and individuals concerned are responsible for the implementation of this Circular./.

QCVN 76:2023/BTNMT

NATIONAL TECHNICAL REGULATION ON COLLECTION, TRANSPORTATION, STORAGE, RECYCLING, REUSE AND HANDLING OF CONTROLLED SUBSTANCES

FOREWORD

QCVN 76:2023/BTNMT is prepared by the Department of Climate Change, submitted by the Department of Science and Technology and Department of Legislation for approval; appraised by the Ministry of Science and Technology and promulgated together with the Circular No. 20/2023/TT-BTNMT dated November 30, 2023 of the Minister of Natural Resources and Environment.

NATIONAL TECHNICAL REGULATION ON COLLECTION, TRANSPORTATION, STORAGE, RECYCLING, REUSE AND HANDLING OF CONTROLLED SUBSTANCES

1. GENERAL

1.1. Scope

This document provides for technical regulations on collection, transportation, storage, recycling, reuse and handling of controlled substances in the Appendix III.2 and Appendix III.3 enclosed with the Circular No. 01/2022/TT-BTNMT dated January 07, 2022 of the Minister of Natural Resources and Environment on guidelines for implementation of Law on Environmental Protection regarding response to climate change (hereinafter referred to as “Circular 01/2022/TT-BTNMT”).

1.2. Regulated entities

This document applies to agencies, organizations and establishments related to the collection, transportation, storage, recycling, reuse and handling of controlled substances.

2. TECHNICAL REGULATIONS

2.1. Regulations on collection of controlled substances

2.1.1. The collection of controlled substances must adhere to safety measures and regulations of law on fire fighting and prevention.

2.1.2. Specialized equipment for collection of controlled substances must be inspected and calibrated prior to its use in accordance with regulations of law on measurement, including:

2.1.2.1. Recovery machine, which is a piece of equipment capable of recovering controlled substances with a vacuum pressure of less than 10 kPa without the assistance of components contained within an air-conditioning or refrigeration system.

2.1.2.2. Recovery container, which is a pressure vessel exclusively used to contain controlled substances. A recovery container must meet the following requirements:

2.1.2.2.1. It is assigned a color code according to the 2015 Guideline K of the Air-Conditioning, Heating and Refrigeration Institute (hereinafter referred to as “AHRI”): Containers for Recovered Non-flammable Fluorocarbon Refrigerants;

2.1.2.2.2. Its pressure must not exceed the permissible pressure as per the manufacturer’s instructions;

2.1.2.2.3. Its pressure valves and packings must be periodically inspected in accordance with regulations.

2.1.2.3. Scale, which is used to determine the weight of controlled substances contained.

2.1.2.4. Vacuum pump, which is used to remove non-condensable gases completely from the recovery container in such a way that the vacuum pressure is less than 10 kPa.

2.1.2.5. Leak test equipment, which is used to determine the leakage of controlled substances must be calibrated according to the manufacturer's instructions and ISO 20486:2018 Non-destructive testing, leak testing and calibration of reference leaks for gases or an equivalent standard.

2.1.2.6. Pressure gauge, which is used to determine the system's working pressure.

2.1.2.7. Other safety tools and equipment: thermometer used to determine temperature of controlled substances; electric meter used to record electricity-related parameters.

2.1.3. Requirements for collection of controlled substances:

2.1.3.1. Prepare necessary specialized equipment specified in 1.1.2 of this Regulation before collecting controlled substances.

2.1.3.2. Use a vacuum pump to remove non-condensable gases completely from the recovery container in case it is a brand new one.

2.1.3.3. Collect controlled substances separately by type and put them into each recovery container using a recovery machine.

2.1.3.4. Fill the recovery container with amount of controlled substances of up to 80% of its weight or 70% of its volume as per the manufacturer’s instructions. Use a scale to determine the weight of the recovery container. The weight of a substance collected depends on its type and working pressure.

2.1.3.5. Use leak test equipment during the collection of controlled substances.

2.1.3.6. Include, at a minimum, the following information on the label of the recovery container: refrigerant number, hazard, and warning (if applicable).

2.1.3.7. Place recovery containers containing collected controlled substances vertically.

2.1.3.8. Keep a logbook that records at least the following information: full names of technicians, time and place of collection; refrigerant number; weight or volume of controlled substances; number of equipment and products containing controlled substances.

2.2. Regulations on transportation of controlled substances

2.2.1. The transportation of controlled substances must adhere to safety measures and regulations of law on fire fighting and prevention.

2.2.2. Controlled substances must be transported on roadworthy vehicles as prescribed by law.

2.2.3. Requirements for transportation of controlled substances:

2.2.3.1. In case of using a motorcycle or moped, controlled substance recovery containers must be placed vertically and securely mounted on the cargo rack (behind the driver's seat) of the motorcycle or moped. Size of recovery containers mounted on the motorcycle or moped must comply with regulations of law on road traffic.

2.2.3.2. In case of using a flatbed truck or barge, controlled substance recovery containers must be placed vertically and covered with a tarpaulin to protect the containers from sun and rain.

2.2.3.3. In case of using other vehicles, regulations on transportation of chemicals shall be complied with and there must be at least a sensor to detect leakage of controlled substances.

2.2.3.4. Keep a logbook that records controlled substance transportation activities, containing at least the following information: refrigerant number; weight or volume of controlled substances; time of transportation and place of receipt of controlled substances.

2.2.4. The transportation of controlled substances from collection points for their handling shall comply with regulations of law on management of hazardous waste.

2.3. Regulations on storage of controlled substances

2.3.1. Controlled substances must be stored in recovery containers as prescribed in 2.1.2.2 of this Regulation. Recovery containers must be placed vertically and must not be rolled or exposed to strong force during storage.

2.3.2. A2 and A3 controlled substances having their safety classified according to National Standard TCVN 6739:2015 (ISO 817:2014) on Refrigerants - Designation and safety classification must be stored and preserved as liquefied petroleum gas or flammable gas in compliance with regulations of law on safe storage and preservation of gas.

2.3.3. Requirements applicable to controlled substance storage areas:

2.3.3.1. Have adequate fire fighting equipment in accordance with regulations of law on fire prevention and fighting.

2.3.3.2. Ensure regular ventilation; prevent direct sunlight, heat sources, and other fire hazards; do not inject flames or high-temperature vapors into controlled substances recovery containers.

2.3.3.3. The floor must not be saggy to prevent the accumulation of controlled substances that could endanger persons or cause a fire or explosion in the event of leakage.

2.3.3.4. Each type of controlled substance must be placed in a separate box or area.

2.3.3.5. In case of storing controlled substances in an enclosed space, there must be at least a sensor to detect leakage of controlled substances.

2.3.4. Keep a logbook that records controlled substance storage activities, containing at least the following information: refrigerant number; weight or volume of controlled substances; time of receipt of controlled substances.

2.4. Regulations on recycling of controlled substances

2.4.1. Requirements for recycling of controlled substances:

2.4.1.1. Collect samples of controlled substances from recovery containers as specified in the Appendix A to this Regulation.

2.4.1.2. Identify controlled substances as specified in the Appendix B to this Regulation.

2.4.1.3. Recycle controlled substances using specialized equipment with appropriate functions to remove non-condensable gases, oil, moisture content, acid content, particulates/solids, volatile impurities and recover controlled substances in their pure forms.

2.4.1.4. Assess quality of controlled substances after recycling prescribed in 2.4.2 of this Regulation.

2.4.2. Assess quality of controlled substances after recycling:

2.4.2.1. Parameters and methods for determining parameters to assess quality of controlled substances after recycling are provided in Table 1 of this Regulation and elaborated in the Appendix C to this Regulation.

Table 1. Methods for determining parameters to assess quality of controlled substances after recycling

2.4.2.2. Requirements for quality of controlled substances after recycling:

2.4.2.2.1. After being recycled, the controlled substances in their pure forms of which the parameters do not exceed the limits specified in Table 2 of this Regulation shall be considered fit for use according to their original characteristics.

Table 2. Parameters for assessment of quality of pure controlled substances

2.4.2.2.2. After being recycled, the controlled substances in their pure forms of which the parameters do not exceed the limits specified in Table 3 of this Regulation shall be considered fit for use according to their original characteristics.

Table 3. Parameters for assessment of quality of controlled substances that are zeotropes

2.4.2.2.3. After being recycled, the controlled substances in their pure forms of which the parameters do not exceed the limits specified in Table 4 of this Regulation shall be considered fit for use according to their original characteristics.

Table 4. Parameters for assessment of quality of controlled substances that are azeotropes

2.4.3. Requirements for recycled controlled substances:

2.4.3.1. Recycled controlled substances must satisfy the quality requirements prescribed in 2.4.2.2 of this Regulation.

2.4.3.2. Recycled controlled substances must be stored in recovery containers as prescribed in 2.1.2.2 of this Regulation, except for the assignment of recovery container colors according to AHRI Guideline N 2017: Assignment of Refrigerant Container Colors; labeled, indicating “[Số hiệu môi chất lạnh] tái chế” (“[refrigerant number] recycled”), hazard and warnings (if applicable). Information on the label must be distinct and insusceptible to blurring and fading.

2.4.2.2.1. Recycled controlled substances of which the parameters fail to satisfy the quality requirements set out in 2.4.2.2 of this Regulation shall be handled as prescribed in 2.6 of this Regulation.

2.4.4. A logbook that records controlled substance recycling activities shall be kept, containing at least the following information: refrigerant number; weight or volume of controlled substances, time of recycling, weight or volume of controlled substances before and after recycling.

2.5. Regulations on reuse of controlled substances

2.5.1. The reuse of controlled substances is applicable to organizations and establishments possessing equipment containing controlled substances specified in point c clause 1 Article 17 of the Circular No. 01/2022/TT-BTNMT.

2.5.1. The organizations and establishments mentioned in 2.5.1 of this Regulation shall use on-site rapid measuring instruments to decide to reuse controlled substances in equipment owned by such organizations and establishments.

2.5.3. In case it is necessary to clean controlled substances on site, organizations and establishments shall employ purely mechanical and physical-technical measures and filters to remove oil, water, non-condensable gases, volatile impurities and particulates/solids from controlled substances.

2.5.4. A logbook that records controlled substance reuse activities shall be kept, containing at least the following information: refrigerant number; weight or volume of controlled substances, time of reuse, weight or volume of reused controlled substances.

2.6. Regulations on handling of controlled substances

2.6.1. The handling of controlled substances shall comply with regulations of law on management of hazardous waste.

2.6.2. Requirements for technology for handling of controlled substances:

2.6.2.1. Comply requirements for technology for handling of hazardous waste shall comply with regulations of law on environmental protection.

2.6.2.2. Encourage the application of eco- and climate-friendly technology.

3. MANAGERIAL REQUIREMENTS

3.1. Regulations on conformity regarding collection, transportation and storage of controlled substances

3.1.1. Certification of conformity regarding collection, transportation and storage of controlled substances shall comply with method 6 (Assessing and supervising the management system) prescribed in the Circular No. 28/2012/TT-BKHCN dated December 12, 2012 of the Minister of Science and Technology on declaration of standard conformity and technical-regulation conformity and methods for assessment of conformity with standards and technical regulations (hereinafter referred to as “the Circular No. 28/2012/TT-BKHCN”) and Circular No. 02/2017/TT- BKHCN dated March 31, 2017 of the Minister of Science and Technology on amendments to some Articles of the Circular No. 28/2012/TT-BKHCN (hereinafter referred to as “the Circular No. 02/2017/TT-BKHCN”).

3.1.2. According to results of conformity assessment regarding collection, transportation and storage of controlled substances, organizations and establishments shall declare conformity according to this Regulation and other relevant regulations of law.

3.2. Regulations on conformity of recycled controlled substances

3.2.1. Certification of conformity of recycled controlled substances shall comply with method 5 or method 7 in accordance with the Circular No. 28/2012/TT-BKHCN and Circular No. 02/2017/TT-BKHCN:

3.2.1.1. Method 5 (Testing representative sample and assessing the manufacturing process; carrying out supervision by testing the sample collected from the manufacturing location or on the market in association with assessment of the manufacturing process) shall apply in case the manufacturing process of the recycling and production establishment remains stable and continuous.

3.2.1.2. Method 7 (Testing representative samples and assessing conformity of a batch/lot) shall apply in case the manufacturing process of the recycling and production establishment is intermittent or the recycling and production and the control of the manufacturing process are carried out separately for each batch/lot or in case the production is in progress and is not completely stable in the initial stage of production.

3.2.2. Organizations and establishments shall declare conformity of recycled controlled substances according to this Regulation and other relevant regulations of law.

3.2.3. The declaration of conformity shall rely on the certification results given by a certification body having registered its conformity services in accordance with regulations of law on standard and regulation conformity and method for assessing conformity with standards and technical regulations.

4. IMPLEMENTATION

The Ministry of Natural Resources and Environment and People’s Committees of provinces and central-affiliated cities shall disseminate and provide guidelines on application of this Regulation to relevant entities; carry out inspection and audit and impose penalties for violations that arise from the compliance with this Regulation as prescribed by law.

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