NGUYEN ANH TUAN NGUYEN ANH TUAN POLLUTION CONTROL DEPARTMENT, POLLUTION CONTROL DEPARTMENT, VIETNAM ENVIRONMENT ADMINISTRATION VIETNAM ENVIRONMENT ADMINISTRATION MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT ENVIRONMENTAL PROTECTION IN ENVIRONMENTAL PROTECTION IN CHEMICAL FIELD IN VIETNAM CHEMICAL FIELD IN VIETNAM
56
Embed
ENVIRONMENTAL PROTECTION IN CHEMICAL FIELD IN VIETNAM
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
NGUYEN ANH TUANNGUYEN ANH TUANPOLLUTION CONTROL DEPARTMENT, POLLUTION CONTROL DEPARTMENT,
VIETNAM ENVIRONMENT ADMINISTRATION VIETNAM ENVIRONMENT ADMINISTRATION MINISTRY OF NATURAL RESOURCES AND ENVIRONMENTMINISTRY OF NATURAL RESOURCES AND ENVIRONMENT
ENVIRONMENTAL PROTECTION IN ENVIRONMENTAL PROTECTION IN CHEMICAL FIELD IN VIETNAMCHEMICAL FIELD IN VIETNAM
CONTENTS
Section 1 – Overall on legal framework in chemical management in Vietnam
Section 2 – Amendment of Law on Environmental Protection (2013-2015)
Section 3 – New regulations on transportation of dangerous goods
Section 4 – Draft regulation on Pollutants Release and Transfer Register
Major functions of the environment
Place toPlace tostore resourcesstore resources
Place to contain Place to contain artificial wastesartificial wastes
ENVIRONMENT
Habitat of human Habitat of human and speciesand species
Place to store and Place to store and supply information supply information
Section 1 Section 1 –– Overall on Overall on legal framework in legal framework in chemical management chemical management in Vietnamin Vietnam
Chemical PollutionChemical Pollution
�� Environmental pollution caused by chemical activiti esEnvironmental pollution caused by chemical activiti es�� Chemical activities: all activities in life cycleChemical activities: all activities in life cycle�� Research and productionResearch and production�� Export and importExport and import�� Transportation and storageTransportation and storage�� UsageUsage�� Discharge, disposalDischarge, disposal
�� Relate to all production and business activitiesRelate to all production and business activities� Integrated with pollution in environment’s componen ts: soil,
water, air, sediment, species
�� 1972 1972 –– UN Conference on environment and human: UN Conference on environment and human: approval of “Statement of UN Conference on environme nt approval of “Statement of UN Conference on environme nt and human” and “Action Plan”; Establishment of the and human” and “Action Plan”; Establishment of the UNEPUNEP
�� 19871987--1992 Approval of Montreal Protocol: 1992 Approval of Montreal Protocol: phasing out the phasing out the production and use of substances caused ozone production and use of substances caused ozone depletion;depletion; UN Conference on Environment and UN Conference on Environment and Development (UNCED): Approval of Rio declaration on Development (UNCED): Approval of Rio declaration on Environment and Development; Chapter 19 of Agenda 2 1, Environment and Development; Chapter 19 of Agenda 2 1, “E“Environmentally sound management of toxic nvironmentally sound management of toxic chemicalschemicals”; Oslo and Paris Convention (OSPAR ”; Oslo and Paris Convention (OSPAR Convention): regulation on input of substances into Convention): regulation on input of substances into marine environment; OECD introduced High Production marine environment; OECD introduced High Production Volume Chemical (HPVC)Volume Chemical (HPVC)
History of agreements in environmentHistory of agreements in environment--chemical (1)chemical (1)
History of agreements in environmentHistory of agreements in environment--
chemicalchemical (2)(2)�� 20022002-- World Summit on Sustainable Development World Summit on Sustainable Development
(WSSD): approval of “Implementation Plan of WSSD” an d (WSSD): approval of “Implementation Plan of WSSD” an d “Johannesburg Declaration on Sustainable Development ” “Johannesburg Declaration on Sustainable Development ”
�� 2003 2003 –– UN introduced “UN introduced “Globally Harmonized System of Globally Harmonized System of Classification and Labeling of ChemicalsClassification and Labeling of Chemicals (GHS)” and (GHS)” and determine objectives for total implementation of GH S in determine objectives for total implementation of GH S in 20082008
�� 2004 2004 –– Rotterdam Convention (PIC) stated validity: Prior Rotterdam Convention (PIC) stated validity: Prior Informed Consent Procedure for Certain Hazardous Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade; Chemicals and Pesticides in International Trade; Stockholm Convention (POP Convention): phasing out Stockholm Convention (POP Convention): phasing out production and use of POPs, reduce and eliminate UP OPsproduction and use of POPs, reduce and eliminate UP OPs
�� 2006 2006 –– International Conference on Chemical International Conference on Chemical Management: Approval of “Management: Approval of “Strategic Approach to Strategic Approach to International Chemicals ManagementInternational Chemicals Management (SAICM)” (SAICM)”
Direction and major measures Direction and major measures for chemical control in environmentfor chemical control in environment
1.1. Control of new chemicals;Control of new chemicals;2.2. Management of existing chemicals;Management of existing chemicals;3.3. Provide information through the supply chain Provide information through the supply chain
(MSDS/GHS, chemicals in products); Life Cycle (MSDS/GHS, chemicals in products); Life Cycle ManagementManagement
4.4. Apply PRTR system and report in chemical Apply PRTR system and report in chemical release; release;
5.5. Voluntary approaches for chemical control Voluntary approaches for chemical control (strengthening begin(strengthening begin--ofof--pipe control)pipe control)
6.6. Management of environmental/chemical incidentsManagement of environmental/chemical incidents7.7. Communication measures on chemical risks and Communication measures on chemical risks and
environmental risksenvironmental risks
Development of legal framework in VietnamDevelopment of legal framework in Vietnam
Legal system of Vietnam on Legal system of Vietnam on Environmental Protection for Environmental Protection for Chemical Pollution Chemical Pollution and Sound Management of Chemicals and Sound Management of Chemicals
Overall on legal system (1)Overall on legal system (1)
�� Stockholm Convention: Chemical control, right to Stockholm Convention: Chemical control, right to know/access of the community, protection of health and know/access of the community, protection of health and environment; Basel Convention, PIC, SAICMenvironment; Basel Convention, PIC, SAICM
�� Law/regulation on environmental protection: Law on Law/regulation on environmental protection: Law on Environmental Protection (LEP), Decree 29/2011, Dec ree Environmental Protection (LEP), Decree 29/2011, Dec ree 179/2013, Circular 26/2011, Circular 12/2011, Joint Circular 179/2013, Circular 26/2011, Circular 12/2011, Joint Circular 34/2012, QCVN, …34/2012, QCVN, …
�� Law/regulation on Chemical: Law on Chemical, Decree Law/regulation on Chemical: Law on Chemical, Decree 108/2008, Decree 26/2011, Decree 163/2013, Circular 28/2010, 108/2008, Decree 26/2011, Decree 163/2013, Circular 28/2010, Circular 20/2013, Circular 30/2011 (RoSH), Circular 40/2011, Circular 20/2013, Circular 30/2011 (RoSH), Circular 40/2011, Circular 04/2012 (GHS), Circular 07/2013 …Circular 04/2012 (GHS), Circular 07/2013 …
�� Law/regulation on transportation: Law on transporta tion, Law/regulation on transportation: Law on transporta tion, Decree 104/2009, Decree 29/2005, Decree 39/2009 and Decree Decree 104/2009, Decree 29/2005, Decree 39/2009 and Decree 54/2012, …54/2012, …
�� Law on Fire Prevention and FightingLaw on Fire Prevention and Fighting�� Law on public health; food safetyLaw on public health; food safety�� Laws on trade, customsLaws on trade, customs
Overall on legal system (2) _ Chemical Law Overall on legal system (2) _ Chemical Law and its legal documentsand its legal documents
1.1. Chemical Law: provides regulation in chemical activities, Chemical Law: provides regulation in chemical activities, safety in chemical field, right and duty of individual and safety in chemical field, right and duty of individual and organization in chemical activities, state management in organization in chemical activities, state management in chemicalchemical..
2.2. Decree 108/2008/NDDecree 108/2008/ND--CP on Oct. 07, 2008 of the CP on Oct. 07, 2008 of the Government regulates and guides implementation of Government regulates and guides implementation of Chemical Law.Chemical Law.
3.3. Decree 26/2011/NDDecree 26/2011/ND--CP on April 08, 2011 revising some CP on April 08, 2011 revising some articles on Decree 108/2008/NDarticles on Decree 108/2008/ND--CP.CP.
4.4. Decree 163/2013/NDDecree 163/2013/ND--CP on Nov. 12, 2013 regulating CP on Nov. 12, 2013 regulating sanctions/penalty in management of chemicals, fertilizers sanctions/penalty in management of chemicals, fertilizers and industrial explosive materials.and industrial explosive materials.
5.5. Circular 28/2010/TTCircular 28/2010/TT--BCT on June 28, 2010 of Ministry of BCT on June 28, 2010 of Ministry of Industry and Trade (MOIT) detailing some articles of Industry and Trade (MOIT) detailing some articles of Chemical Law and Decree 108/2008/NDChemical Law and Decree 108/2008/ND--CP.CP.
Overall on legal system (3) _ Chemical Law Overall on legal system (3) _ Chemical Law and its legal documentsand its legal documents
66. . Circular 18/2011/TTCircular 18/2011/TT--BCT on April 21, 2011 of MOIT on BCT on April 21, 2011 of MOIT on supplementation and supplementation and abolishment of administrative abolishment of administrative procedures of procedures of Circular 28/2010/TTCircular 28/2010/TT--BCT.BCT.
7. Circular 40/2011/TT7. Circular 40/2011/TT--BCT on Nov. 14, 2011 of MOIT on BCT on Nov. 14, 2011 of MOIT on chemical declaration.chemical declaration.
8.8. Circular 04/2012/TTCircular 04/2012/TT--BCT on Feb. 13, 2012 of MOIT on BCT on Feb. 13, 2012 of MOIT on classification and labeling of chemical (GHS)classification and labeling of chemical (GHS)
9.9. Circular 07/2013/TTCircular 07/2013/TT--BCT on April 22, 2013 of MOIT on BCT on April 22, 2013 of MOIT on registration for use of dangerous chemical in production registration for use of dangerous chemical in production of products and goods in industrial sector.of products and goods in industrial sector.
10. Circular 20/2013/TT10. Circular 20/2013/TT--BCT on August 05, 2013 of MOIT on BCT on August 05, 2013 of MOIT on plan and measure for prevention and response chemical plan and measure for prevention and response chemical incident in industrial sectorincident in industrial sector
Overall on legal system (4) Overall on legal system (4) –– Transportation of ChemicalsTransportation of Chemicals
�� Law on Environmental Protection 2005; Chemical Law 2007;Law on Environmental Protection 2005; Chemical Law 2007;�� Law on Civil Aviation; MarineLaw on Civil Aviation; Marine--time Law; Law on Roa d traffic; time Law; Law on Road traffic;
Law on inland waterway transportationLaw on inland waterway transportation�� Decree 108/2008/NDDecree 108/2008/ND--CP; Decree 26/2011/NDCP; Decree 26/2011/ND --CPCP�� Decree 104/2009/NDDecree 104/2009/ND--CP on Nov. 09, 2009 regulating list of CP on Nov. 09, 2009 regulating list of
dangerous goods and its transportation by vehicle;dangerous goods and its transportation by vehicle;�� Decree 29/2005/NDDecree 29/2005/ND--CP on March 10, 2005 regulating list of CP on March 10, 2005 regulating list of
dangerous goods and its transportation by inland wa terway;dangerous goods and its transportation by inland wa terway;�� Decree 109/2006/NDDecree 109/2006/ND--CP regulating and guiding CP regulating and guiding
implementation of Railway Law.implementation of Railway Law.�� Decree 89/2006 on labeling of goods; TCVN 5507: reg ulation Decree 89/2006 on labeling of goods; TCVN 5507: reg ulation
on label and technical requirementon label and technical requirement
Overall on legal system (5) Overall on legal system (5) _ Chemical incident_ Chemical incident
�� Environmental/Chemical IncidentEnvironmental/Chemical Incident�� Law on Environmental Protection 2005 and Law on Environmental Protection 2005 and
related documentsrelated documents�� Chemical Law 2007 and its documentsChemical Law 2007 and its documents
�� Environmental incident and Chemical incident: Environmental incident and Chemical incident: �� Similar concept, but differrent in scope of impactSimilar concept, but differrent in scope of impact�� In reality, relation and information exchange still In reality, relation and information exchange still
limitedlimited�� Some overlaping in regulationsSome overlaping in regulations
SECTION 2 SECTION 2 --
AMENDMENT OF LAW ON AMENDMENT OF LAW ON ENVIRONMENTAL ENVIRONMENTAL PROTECTION IN VIETNAMPROTECTION IN VIETNAM
(focus on regulation (focus on regulation regarding chemical pollution)regarding chemical pollution)
PROGRESS OF LEP AMENDMENT IN VIETNAMPROGRESS OF LEP AMENDMENT IN VIETNAM
CONTENTS OF THE DRAFT OF LEP RELATED TO CONTENTS OF THE DRAFT OF LEP RELATED TO CHEMICAL MANAGEMENT CHEMICAL MANAGEMENT
1. 1. Prohibited actions-- In item 8, Article 7 of the Draft regulates: prohibition of In item 8, Article 7 of the Draft regulates: prohibition of Importing chemicals that do not meet environmental Importing chemicals that do not meet environmental protection requirements protection requirements (the LEP 2005 does not have this (the LEP 2005 does not have this regulation).regulation).
2. 2. Environmental protection in mineral exploration, exploitation and processing activities
-- In Article 40 of the Draft regulates that: In Article 40 of the Draft regulates that:
+ + The use of hazardous chemicals in exploring, exploiting and The use of hazardous chemicals in exploring, exploiting and processing minerals shall have technical certificates and be processing minerals shall have technical certificates and be checked, supervised by the state management agencies on checked, supervised by the state management agencies on environmental protectionenvironmental protection..
+ + Exploring, exploiting, transporting and processing oil, gas and Exploring, exploiting, transporting and processing oil, gas and other minerals containing radioactive and hazardous other minerals containing radioactive and hazardous substances shall comply with regulations on chemical, nuclear substances shall comply with regulations on chemical, nuclear and radiation safety and other regulations on environmental and radiation safety and other regulations on environmental protectionprotection (Article 44 of LEP 2005 also has this regulation).(Article 44 of LEP 2005 also has this regulation).
CONTENTS OF THE DRAFT OF LEP RELATED TO CONTENTS OF THE DRAFT OF LEP RELATED TO CHEMICAL MANAGEMENT (cont.)CHEMICAL MANAGEMENT (cont.)
33.. Control and treatment of marine and islandsenvironmental pollution
+ Use of chemical fertilizer, chemicals, feeds, pesticides and + Use of chemical fertilizer, chemicals, feeds, pesticides and veterinary medicines that are likely to cause environmental veterinary medicines that are likely to cause environmental pollution, deterioration and biodiversity degradation, must be pollution, deterioration and biodiversity degradation, must be restricted. restricted.
1. Must have Permits for transportation of dangerous goods:
Case 1:- Transportation of dangerous goods by road vehicle.- Volume of dangerous goods to be transported higher thanrespective threshold specified in the list (Annex).
Case 2: - Transportation of dangerous goods by road vehicle. - Each type of dangerous goods do not exceed the vol ume specified in the Annex, but the total volume of dan gerous goods is greater than 01 tons / 1 transportation (n ot include the volume of packaging, containers, … ).
��HaveHave toto developdevelop PlanPlan toto preventprevent andandrespondrespond toto EnvironmentalEnvironmental incidentsincidents..��HaveHave toto meetmeet thethe requirementsrequirements ofofpackaging,packaging, containers,containers, labeling,labeling, signssigns ofofdangerousdangerous goodsgoods;;��HaveHave toto meetmeet requirementsrequirements forfor thethe modesmodes ofoftransportationtransportation ;;��HaveHave toto meetmeet requirementsrequirements forfor thethe driverdriverandand escortescort personperson ..
Objects of regulation Objects of regulation
II. Organizations and individuals engaged in activit ies II. Organizations and individuals engaged in activit ies related to the transportation of dangerous goods by related to the transportation of dangerous goods by means of by road vehicles, inland waterways, railwa ys, means of by road vehicles, inland waterways, railwa ys, namely: namely:
1. Owners of dangerous goods 1. Owners of dangerous goods
2. Owners of transport means of dangerous goods 2. Owners of transport means of dangerous goods
3. The drivers/controllers of transport means 3. The drivers/controllers of transport means
4. Escort/supervise people for dangerous goods 4. Escort/supervise people for dangerous goods
�� Vietnam Administration of Environment Vietnam Administration of Environment �� The local Department of Natural Resources The local Department of Natural Resources
and Environment and Environment �� The District Office of Department of Natural The District Office of Department of Natural
Resources and Environment Resources and Environment
Section 4 Section 4 –– Circular on Circular on
registration of chemical registration of chemical
releases into environment releases into environment
and public dissemination and public dissemination
of information on chemical of information on chemical
releases (Draft)releases (Draft)
Chapter I Chapter I -- General ProvisionsGeneral ProvisionsArticle 1. Scope of regulationArticle 1. Scope of regulation1. Registration of chemical releases; report on 1. Registration of chemical releases; report on releases of hazardous chemicalsreleases of hazardous chemicals2. Public information to the community2. Public information to the communityArticle 2. Applying Subjects of regulation Article 2. Applying Subjects of regulation Article 3. Interpretation of terms/conceptsArticle 3. Interpretation of terms/concepts
Chapter II Chapter II –– REGISTRATION, REPORT AND REGISTRATION, REPORT AND MANAGEMENT OF INFORMATION OF MANAGEMENT OF INFORMATION OF HAZARDOUS CHEMICAL RELEASES INTO HAZARDOUS CHEMICAL RELEASES INTO ENVIRONMENTENVIRONMENT��Article 4. The list of hazardous chemicals of Article 4. The list of hazardous chemicals of environmental concernenvironmental concern��Article 5. Registration and reporting of hazardous Article 5. Registration and reporting of hazardous chemical releases into environmentchemical releases into environment��Article 6. Information of chemical release from nonArticle 6. Information of chemical release from non--point point sourcessources��Article 7. Evaluation and quality assurance data on Article 7. Evaluation and quality assurance data on chemical releaseschemical releases��Article 8. Compile, summary and disclosure of information Article 8. Compile, summary and disclosure of information of chemical release into environmentof chemical release into environment��Article 9. Information protectionArticle 9. Information protection
Chapter III - CONTROL OF CHEMICAL RELEASES FROM MANUFACTURING AND TRADING OPERATIONS ��Article 10 . Requirements on control and monitoring Article 10 . Requirements on control and monitoring of chemical releases into environmentof chemical releases into environment��Article 11 . Control of chemical disposal in research Article 11 . Control of chemical disposal in research facilities, test of chemicals and products of concernfacilities, test of chemicals and products of concern
Chapter IV - IMPLEMENTATION AND ENFORCEMENT PROVISIONS��Article 12 . Responsibilities of the Ministry of Article 12 . Responsibilities of the Ministry of Natural Resources and EnvironmentNatural Resources and Environment��Article 13 . Responsibilities of the Department of Article 13 . Responsibilities of the Department of Natural Resources and Environment of the Natural Resources and Environment of the provinces and cities directly under the central provinces and cities directly under the central governmentgovernment��Article 14 . EffectivenessArticle 14 . Effectiveness
APPENDICES
��APPENDIX 1 APPENDIX 1 -- LIST OF HAZARDOUS LIST OF HAZARDOUS CHEMICALS OF ENVIRONMENTAL CONCERNCHEMICALS OF ENVIRONMENTAL CONCERN��APPENDIX 2 APPENDIX 2 -- LIST OF FACILITIES TO LIST OF FACILITIES TO REGISTER CHEMICAL RELEASESREGISTER CHEMICAL RELEASES��APPENDIX 3 APPENDIX 3 -- REGISTRATION AND REPORT REGISTRATION AND REPORT FORMS ON CHEMICAL RELEASES FOR FORMS ON CHEMICAL RELEASES FOR FACILITIESFACILITIES��APPENDIX 4 APPENDIX 4 –– ACCEPTANCE FORM OF ACCEPTANCE FORM OF REGISTRATION OF CHEMICAL RELEASES REGISTRATION OF CHEMICAL RELEASES
Introduction of other regulations…
�� Circular for guidance on prevention, response, Circular for guidance on prevention, response, recovery of environmental incidents recovery of environmental incidents
�� Circular on regulating PCBs management Circular on regulating PCBs management �� Circular on control of industrial POPs Circular on control of industrial POPs �� Circular on issue of the technical regulations Circular on issue of the technical regulations
(environmental standards)(environmental standards)�� Regulation on monitoring, QA / QC, environmental Regulation on monitoring, QA / QC, environmental
information, ...information, ...
•• The New “Sanction Regulation” The New “Sanction Regulation” –– Decree 179/2013/NDDecree 179/2013/ND-- CPCP
•• Major enforcement: Environmental Inspectors, Major enforcement: Environmental Inspectors,
and Environmental policeand Environmental police
ConclusionsConclusions�� Stronger regulation and enforcement being Stronger regulation and enforcement being
appliedapplied�� More effective regulation framework have More effective regulation framework have
been developed recently been developed recently �� Improvement needed for interImprovement needed for inter--sector / sector /
collaborative measures for management of collaborative measures for management of toxic chemicals/ chemical pollution control toxic chemicals/ chemical pollution control �� Chemical pollution prevention should be paid Chemical pollution prevention should be paid
more attention and given more effortsmore attention and given more efforts�� International cooperation regarding sound International cooperation regarding sound
chemical management should be further chemical management should be further carried out carried out
Thank you for attention !Thank you for attention !