Ministerial Instructions No. 0745/MONRE on Pollution Control

Unofficial translation MINISTERIAL INSTRUCTIONS ON POLLUTION CONTROL 2015 Chapter I: 1.1 1.2 Chapter II: 2.1 2.2 2.3 2.4 2.5 CONTENT Objectives and principies Objectives Pollution Control Principies Type of pollution and pollution control methodology Air pollution and control methodology Soil pollution and control methodology Water pollution and control methodology Interference and control methodology Roles and responsibilities of public, private sector and citizen. a) Public sector b) Private sector c) Community Page 2 2 2 2 2 3 4 5 5 5 6 7 Chapter III: Pollution load control 3.1 Pollution load 3.2 Pollution load control methodology a) Pollution load control b) Appropriate technology application c) Obligation of project owner or entrepreneur d) Obligation of Pollution load control agency Chapter VI: Process of pollution load authorization and license 4.1 Process of pollution load authorization 4.2 Process for proposing pollution load authorization. 4.3 Process for pollutant emission and pollution load control 4.4 Process for pollution load registration 7 7 7 7 8 8 9 10 10 11 11 12 ChapterV: 5.1 Pollution Control Agency Roles and responsibilities 13 13 1. MONRE, PCD 2. Provincial, capital Natural Resources and Environment Department 3. District Natural Resources and Environment Office. 4. Concerned central and local agencies 5. Project owners or entrepreneurs Chapter VI: Monitoring and reporting 6.1 Selves monitoring and reporting of pollution generating entrepreneurs and pollution control from toxic chemicals 6.2 Operative in case of emergency 6.3 Reporting Chapter VII: Final Provision 7.1 Implemcntation 7.2 Entry into force 14 15 16 16 17 17 17 18 19 19 19 Lao People's Democratlc Republic Peace Ind ependence Democracy Unity Prosperity Minlstry of Na tura l Resources and Envi r unment "'o: 0745~IOl\lU: Vient lane, Fe brua ry 11,2015 I noffieial Translation] MINISTERIAL INSTRUCTIONS ON POLLUTION CONTROL Pursuant to Part Ill, Seetion 2 of the Environrnental Proteetion Law (revised), No, 29IN A, dated Deeember 18, 2012 and Pursuant to the Deeree on Activi ties and ImpIementation of Ministry of Natural Resouree and Environment, No, 435/PM, dated November 28, 2011. To ensure relations, coopera tion, coordination and similar understanding between all relevant seetions of the publi c-private seetors and community, as weU as implementation of eaeh secror 's obIigation to prevent and eontrol polluti on, expanding on some artieIes in parts III, VI, VII and X of the EnvironmentaI Proteetion Law (revised). The Mlnister for the Ministry ofNatural Resources 31111 Environment íssues the followin g Instructions: 1 Chapter I Objectives and principIes. 1.1 Objectives To prevent, control and reduce unavoidable pollution generated from hazardous substances, reduce the impact in a timely manner in order to meet the Environmental Quality and/or National Pollution Control Standards, and avoid environmental condition changes in Lao PDR. 1.2 Pollution Control Principies. Pollution control shall be based on bellowed principies: I) Firstly, focus on prevention. Secondly, prioritize reduction. The third option is restoration. 2) Ensure law enforcement; 3) Application oftechnologies and engineering measures. 4) Monitor operations and pollution load from pollution generating activities in a timely manner; 5) lnspect and access the impacts of pollution; 6) Compensate when there are negative impacts to the social and ecosystems; 7) lntergrade pollution prevention and control into each period ofNSDP; and 8) Awareness raising. Chapter II Type of pollution and pollution controI methodoIogy. 2.1 Air pollution and control methodology. a) Air pollution is mostly generated by the load of hazardous substances and pollution load to air of each type of activity, such as from industrial facilities, electric facilities using coai, construction areas, transportation, agriculture, mining and urban activities. Air pollution monitoring shall focus on target indicators such as: Carbon Monoxide: CO, Nitrogen Dioxide: N02, Sulfur Dioxide: S02, Particulate Matter: PM, Ozone: 0 3 and Lead: Pb, ensuring the prevention of air pollution and/or control of the quantity of pollution. Project owners and/or entrepreneurs must operate under the 2 environmental and/or national pollution control standards. b) A person, household, juridical individual or national and international organization who resides, runs and/or sets up a business in Lao PDR that causes or may cause air pollution must obey the following rules: I) Control pollution and pollution load to air under the Environmental Quality and/or National Pollution Standards; 2) Companies, investment projects or entrepreneurs listed in Ministerial Agreement No. Sü56/MONRE must declare their air pollutants and pollution load as part of their Environment Monitoring and Management Plan (EMMP); 3) Companies, investment projects or entrepreneurs which are not listed, but aim to emit pollutants and load to air must submit an application to MONRE for a special Pollutant Emission and Pollution Load Permit; 4) Polluters and pollution loaders must monitor concentration of air-polluting compounds and loading quantity before releasing them into the air to ensure that the concentration does not exceed that of the Environmental Quality and/or National Pollution Control Standards; 5) Polluters must participate in monitoring air quality in potentially polluted areas, where the Govemment of Laos considers monitoring necessary; 6) Monitoring must be implemented with the participation of public and private sector citizens located in the sarne area and with the responsibility of providing information/data of air pollution. Monitoring expenditures is the respon sibility of 7) the polluter and pollution loader. 2.2 SoU pollution and control methodology. a) Soil pollution is mostly generated in land used for facilities or illegalland using, uncontrolled mining, chemical consumption in electricity and electronic equipment, chemical contamination from agriculture, toxic chemicals, and hazardous waste storage and destruction sites which shall not occur as issues ofprohibition in part VIll ofthe Environment Protection Law (revised version). Soil pollution monitoring must be planned 3 case by case based on project owner situation and/or the entrepreneur side cannot set up prevention and control methodology; b) A person, household, juridical individual or organization from national and international sectors who resides, runs and/ or sets up a business in Lao PDR that causes or may cause soil pollution must conduct themselves as follows: 1) Control pollutants and pollution load to soil under the Environmental Quality and/or National Pollution Control Standards; 2) ln case tbere is a risk of soil pollution for some commercial or public activities, the project developer must submit an application for a Pollution Permit to MONRE. 2.3 Water pollution and control methodology. a) Water pollution is mostly generated by the load of bacteria and hazardous chemical contamination from each type of activitiy's primary source, such as a building, hotel, hospital, educational institute, office, mail, market, place of service, restaurant, industrial facility, place of construction, agriculture or mining. Water pollution monitoring shall focus on target indicators such as: Positive Potential of the Hydrogen ions: pll, Biological Oxygen Demand: BOD, Chemical Oxygen Demand: COD, Dissolved Oxygen: DO, Electro Conductivity: EC, Total Suspended Solid: TSS, Temperature: T, Turbidity, Bacteria group: Total Coliform Bacteria: TCB, Fecal Coliform Bacteria: FCB, E-coli. ln ensuring the prevention of water pollution and controlling of pollution, project owners and/or entrepreneurs must operate under environmental and/or national pollution control standards. b) A person, household, juridical individual or organization from national and international sectors who resides, runs and/ or sets up a business in Lao PDR that causes or may cause water pollution must conduct themselves as follows: 1) Control pollutants and pollution load to water under the Environmental Quality and/or National Pollution Control Standards; 2) ln case there is a risk of pollution for some commercial or public purposes, the project owner must submit an 4 application for a Pollution Pennit to MONRE for possible approval. The pollutant emissions and pollution load applications will be considered on a case by case basis. 2.4 Interference and control methodology. a) lnterference must be controlled under the Environmental and/ or National Pollution Control Standards; for example, an odour generated by chemical reaction is classified as air pollution. Other interference such as noise, light, color, vibration and heat must be controlled under the recognized limit and should not occur in urban transportation, airport or entertainment areas of the community, construction and industrial areas, as issues of a prohibition in part VIll of the Environmental Protection Law (revised version). b) A person, household, juridical individual or organization from national and international sectors who resides, runs and/ or sets up a business in Lao PDR that causes or may cause interference must conduct themselves as follows: I) Releasing high intensive interference affecting the social system and/or environment is strictly forbidden; and 2) ln case there is a risk of interference for some commercial or public purposes, project owners must submit an application for a Pollution Emission Pennit to MONRE. 2.5 Roles and responsibilities of public and private sector citizens. a) Public sector: I) Review measures to control sources of pollution from soil, water and each type of interference depending on type of business identified by project owner and/or entrepreneur; 2) Review standard of air, soil, water and interference by natural and pollution control standards through releasing of hazardous chemicals into the air, soil or water identified by project owner or entrepreneur; 3) Consider area of interest to the project owner or entrepreneur according to the type ofbusiness; 4) Monitor pollution load generated from hazardous chemical situation and trend and/or quantity of pollution loading to air, soil and water; 5) Inspect the law enforcement relating to air, soil, water 5 and interference; 6) Identify options and technical conditions for pollution prevention planning and improvement of pollution loading to air, soil and water generated from chemicals; 7) Consider registration of pollutant emission and pollution loading for project owner or entrepreneur; 8) Consider setting up an inspection agency, or hire an internal or international agency which has an environmental service certificate, and receive loading registration and pollution transfer as an inspector; 9) Develop related pollution data base for pollution inspection and pollution load systematically and constantly, and disseminate pollution situation adequately; 10) Develop plan for emergency situation. b) Private sector 1) Identify source control measures of air, soil and water pollution, and the interference of each type ofbusiness; 2) Identify and control quality standards of air, soil, water, and interference and hazardous chemicals under the Environmental Quality and National Pollution Control Standards; 3) Identify target areas for the setting up of each type of business. 4) Identify target area for pollution loading from each type ofbusiness for attenuation and absorption; 5) Research and use appropriate technology and treatment in air, soil, water and interference pollution control; 6) Monitor pollution quality of air, soil and water before loading under the National Environmental Quality and/or National Pollution Control Standards; 7) Record concentration from point source pollution and purlieus; 8) Set up evaporation control system in manufacturing process and chemical raw material warehouse; 9) Use high quality fuel following the Environmental Quality and/or National Pollution Control Standards; 10) Technical capacity building on treatment and destruction ofhazardous chemicals; ll)Request for pollutant emissions and/or pollution load pemussron; 6 12) Use treatment and destructive services for pollution generated from hazardous chemicals; 13) Compile report of pollution calculation constantly to agencies concerned. c) Community 1) Participate in pollution resolve with public and private agencies; 2) Access and receive information for pollution prevention and control generating from hazardous chemicals; 3) Conduct self-protection from hazardous chemical pollutants at sources; 4) Become an information provider for emergency conducting units in case of pollution related accidentl disaster from hazardous chemicals; 5) Receive compensation from emergency services in case of pollution related accident/disaster from hazardous chemicals; 6) Become an information provider for researching and developing technology related to pollution prevention. Chapter III Pollution load control. 3.1 Pollution load For pollution load control from a source or total of many sources loading to air, soil and water in the sarne area or purlieus, loaders must have pollution load authorization or pollution quantity complying with Environmental Quality and/or National Pollution Control Standards. 3.2 Pollution load control methodology. a) Pollution load contro1. A person, household, juridical individual or organization from national and international sectors who resides, runs and/or sets up a business in Lao PDR that causes or may cause pollution must conduct themselves as follows: 1) Project owners or generating pollution entrepreneurs such as those in industry, agriculture, mining, etc., must 7 propose pollutant enussion and pollution load control authorization; 2) Project owners or entrepreneurs generating pollution such as those in industry, agriculture, mining, etc., must control the pollution load and quality of pollution chemicals loading to the environment; 3) ln case any risks occur relating to pollution during loading to air, soil and water in manufacturing processes, project owners or generating pollution entrepreneurs must control the pollution load which may be loaded, complying with the pollution load control and monitoring plan. This issue must be included in the Social and Natural Monitoring and Management Plan and Environmental Compliance Certificate (ECC). b) Appropriate technology application. The govemment of Lao PDR promotes project owners or pollution generating entrepreneurs to control pollution quantities by applying appropriate simple technology and complying with the conditions of Lao PDR in the industrial manufacturing process, agriculture and mining or other businesses to prevent pollution load in acceptable levei aims for a good environment, which is a part of sustainable social-economic development. c) Obligation of project owner or entrepreneur. The project and business owners have roles and responsibilities as per the following: 1) ln case project owners or entrepreneurs are obliged to implement the Environmental Impact Assessment (ElA) or Initial Environmental Examination (IEE) in order to obtain an Environmental Compliance Certificate (ECC), the project owners or entrepreneurs must include pollution load estimation and possible emissions into the air, soil and water within their ElA or IEE report; 2) lntegrate pollutant emissions and pollution load control plan into Environmental and Social Management and Monitoring Plan (EMMP); 3) Report on pollution load and quality of the pollution discharged into water, air or soil to line agencies under the Ministry of Natural Resources and Environment 8 (MONRE) from central to local levei, annually or as requested; 4) ln case ofthe Envirorunental and Social Management and Monitoring Plan update being required, the project owners or entrepreneurs must adapt their pollutant emission and pollution load control plan; 5) Project owners or pollution generating entrepreneurs have an obligation to be responsible for all expenditures on pollutant emission controlload and pollution load control as issued in specific regulations. d) Obligation of Pollution load control agency. Pollution controlload agency roles and responsibilities are as follows: I) The Department of Social Environment lmpact Assessment, MONRE, has the role of an issuer's ECC according to social environment impact assessment including social envirorunent monitoring and management plan by issuing specific conditions on pollution load control for reducing the remaining pollution and danger, and acts as a clean production supporter; 2) The Pollution Control Department, MONRE is a focal point between agencies supporting project owners or entrepreneurs who are generating pollution, to control pollution load by adapting and using appropriate technology, relating scientific information promotion, ensuring expansion of work, and effectively pollution load monitoring of the investment project and business sector; 3) The Envirorunent Quality Promotion Department, MONRE participates in supporting, promoting, information dissemination, and raising awareness on pollution prevention and control; 4) The Natural Resources and Environment lnstitute participates in the sampling of pollution and researching of quality pollution characteristics; 5) ln the case of project owners or entrepreneurs as mentioned in the list of investment projects of Ministerial Decision of Minister of MONRE No. S056/MONRE date December 17, 2013 which generate pollution, they must 9 control pollution load but have no obligation to develop a pollution load control plan during ElA development or IEE, but releasing or loading pollution into the environment which MONRE must have pollution loading authorization case by case. ChapterIV Process of pollution load authorization and license 4.1 Process of poIIution load authorization According to Article 42 of the Environment Protection Law (revised version) No. 29/NA date December 18, 2012: "Permit to load pollution complying with Loading standard which is identified by Natural Resources and Environment cooperating with other sector concerned". The type of investments and development activities generating pollution and transferring pollution from chemical and physical processes shall receive a pollution load license in the two following cases: a) Project owner or generating pollution entrepreneur such as: agriculture industry, mining, etc. must provide information of raw materiais during ElA drafting and/or IEE development including: I) List oftarget possessed chemicals (ton/year); 2) Quantity oftarget chemicals produced (tou!year); 3) Usage quantity oftarget chemicals (tou!year); 4) Quantity of remaining target chemicals in current year (ton) such as at OI January; 5) Quantity oftarget chemicals brought (ton/year); 6) Quantity of remaining target chemicals may be according to the list at the end ofyear (ton) such as at 31 December; 7) Quantity of remaining mixed chemicals in the list of latest year (ton) such as at 01 January; 8) Quantity of mixed chemicals brought in current year (tou! year); 9) Quantity of mixed chemicals may remain as the list at the end of current year (ton) such as at 31 December; 10) Report of hazardous by-products which cannot be reused. b) A project owner or entrepreneur who has not informed or 10 cannot provide infonnation of 1) to 10) in paragraph a) in 4.1 during ElA and/or IEE development for types of producing pollution chemicals, investment and development activities, and pollution transfer from chemical and physical processes must provide notification from 1) to 10) in paragraph a) in 4.1 before starting their manufacturing. 4.2 Process for proposing pollution load authorization. According to Article 43 of the Environment Protection Law (revised version), a pollution pennit license can be used from two to five years by project type and can be expanded based on each condition as mentioned in the pollution pennit license, which shall be considered by MONRE as follows: 1) For project owners or entrepreneurs who do not load pollution in the manufacturing process, MONRE shall infonn them to continue their business by sending carbon copies to DONRE ofthe provinces, capital and concerned sectors; 2) For project owners or entrepreneurs who generate pollution in the manufacturing process, MONRE shall inform them to develop pollution emission and pollution load control and a monitoring plan in 90 work days, and pay a pollution load fee generated from hazardous chemicals as issued in specific regulations mentioned in Articles 92, 93, 94, 95, 96 and 97 of the Environment Protection Law (revised); 3) Pollutant emission, pollution control and monitoring plans, including prevention measures and improvements for emergencies which may occur, must be reviewed and approved in 60 work days by MONRE in cooperation with related sectors both at central and local leveis, and project owners or entrepreneurs must be officially infonned of the output for implementation. Project owners or entrepreneurs who are setting up, constructing or conducting projects but have no pollution load authorization before the enforcement ofthis instruction must act as follows: 1) Project owners or entrepreneurs such as those in the agriculture and forestry, energy and mining, infrastructure and services or public health industries who aim to implement a project or activity in provinces around the country must provide a target chemical list, which would be used as raw material including quantity as issued in 1 -10 of 11 A in 4.1 of these instructions to local provincial, capital DONRE for summarizing and making control list before sending to MONRE in 90 work days after the enforcement of this instruction. 4.3 Process for pollutant emission and pollution load contro1. Project owners or entrepreneurs such as those in the agriculture and mining índustry or other businesses who aim to release pollutants and pollution load after receiving ElA and Pollution Load Authorization must implement the following: 1) Register the pollution load authorization and pollution transfer; 2) lmplement the authorization according to specific regulation. 3) Regularly access, monitor and report the pollution load releasing to air, soil and water to the Pollution Control Department, MONRE; 4) Control the pollution load under the Environmental Quality and/or National Pollution Control Standards; 5) Develop pollutant emission and pollution load control and monitoring plan; 6) Pay for pollutant emission and a pollution load fee according to specific regulation; 7) lmplement the pollutant emission and pollution load control and monitoring measure releasing to air, soil and water along with pollutant emission and pollution load control and monitoring plano 4.4 Process for pollution load registration. Project owners or entrepreneurs such as those in the agriculture and mining industries or other businesses who aim to register pollution load authorization and pollution transfer must implement the following: 1) lnform about list of target chemicals stocking at the business area; 2) Calculate the stocking chemicals; 3) lnform of chemicals or pollution load point and quantity of loading from places ofbusiness; 4) Assess chemicals or pollution quantity loading and pollution transfer; 5) Send report of pollutants loading and pollution quantity and 12 transfer to the Pollution Control Department, MONRE. ChapterV Pollution Control Agency 5.1 Roles and responsibilities To conduct pollution load and quantity control, pollution control agencies have roles and responsibilities as follows: 1. MONRE, PCD 1.1. Directly responsible for leading cooperation between related sectors, both central and local to research, c1assifying policy, strategic planning, implementing regulations and measures to control pollutants and pollution loads; 1.2. Develop legislation and instruction, inc1uding technical guidelines related to pollutant emission and pollution load control progress in the entire country; 1.3. Direct the implementation of pollutant emission and pollution load control in the entire country; 1.4. Cooperate with concemed sectors to boost entrepreneurs as well as big industry or multiple partner enterprises to develop and maintain facilities for international standard research; 1.5. Capacity building and facilitate businesses to be responsible in pollutant enussron and pollution load control in conditions as bellowed: 1.5.1 Clearly and correctly report information; 1.5.2 Classify research procedures to be used; 1.5.3 Contain quality guarantee system and quality control (QAlQC); 1.5.4 Chain for maintenance and control; 1.5.5 Have regulation for lab certification and research; 1.5.6 Have experienced technician for pollutant emission and pollution load control; 1.5.7 Provide budget, equipment and appropriate technology for pollutant emission and pollution load control; 1.5.8 Have ethic for pollution generated from hazardous chemicals. 1.6. Technical capacity building to staff of Natural 13 Resources and Environment sectors both central and local on pollutant emission and pollution load control for reporting to the government in each period; 1.7 Disseminate and support infonnation for public promotion related to pollution load, pollution quantity management pollution load and pollution quantity management in Lao PDR in each period; 1.8 Be a central coordination point with provincial/capital DONRE involving pollutant emission and pollution load control; 1.9 Attend to provincial, capital and district consultation meetings related to pollutant emission and pollution load control; 1.10 Consider and implement pollution solutions from requests or complaints in cooperation with related sectors based on scientific procedures and principies; 1.11 Develop essential pollution check list and pollution source list to be used for pollutant emission and pollution load control; 1.12 Use technical measures to conduct long-tenn pollution load control; 1.13 Conduct training for supporting efficiency of instruction enforcement; 1.14 Coordinate and cooperate with internal and international public-private agencies running businesses and entrepreneurs related to pollutant emission and pollution load control; 1.15 Propose to involved agencies that they suspend or tenninate pollution generating entrepreneurs. 2. Provincial, Capital Natural Resources and Enviromnent Department. 2.1 Act as a central coordinator involving provincial and capital sectors for pollutant emission and pollution load control from project owners and entrepreneurs located in their own area; 2.2 Extend and conduct agreements, regulations, and instructions including technical guidelines related to pollutant emission and pollution load control for project owners and entrepreneurs located in their own area; 14 2.3 Act as a central coordinator with concerned sectors inc1uding cooperate, and facilitate MONRE on provincial, capital pollutant emission and pollution load control data collection to carry on pollution solution procedures which have occurred or may occur; 2.4 Disseminate regulations and laws related to pollutant emission and pollution load control for the good understanding of citizens, and implement participation; 2.5 Research and upgrade technical knowledge of pollutant emission and pollution load control for raising awareness of citizens and concerned provincial, capital sectors; 2.6 Direct, monitor and evaluate implementation related to pollutant emission and pollution load control of district and municipal natural resources and environment offices; 2.7 Obtain requests and complaints, and coordinate with concerned provincial, capital sectors for pollution problem consideration and solution; 2.8 Collect, summarize, research and analyze data, and report on pollutant emission and pollution load control inc1uding the c1assifying of environmental procedures on prevention, solution, restoration and the potential to participate in provincial, capital social-economic development; 2.9 Regularly report on the implementation of pollutant emission and pollution load control in each period to provincial, capital administration agency and MONRE. 3. District Natural Resources and Environrnent Office. Act as a central coordinator with district, municipal con cerned sectors to implement standard pollutant emission and pollution load control at their leveI. 3.1 Implement plans, projects, orders and instructions related to pollutant emission and pollution load control issued by higher levei natural resources and environment sector; 3.2 Act as central coordinator with concerned sectors inc1uding cooperate, and facilitate DONRE on district and municipal pollution data collection in their own area to conduct pollution solution procedures which 15 have occurred or may occur; 3.3 Control, monitor and improve entrepreneurs who are generating pollutants and pollution load at district levei; 3.4 Disseminate law and regulations relating to pollutant emission and pollution load control to citizens and concerned district and municipal sectors; 3.5 Consult and resolve pollution problems together with local authorities and district and municipal sectors; 3.6 Obtain requests and complaints, and cooperate with concerned district and municipal sectors to consider and improve pollution problems; 3.7 Propose that concerned authorities adapt, edit, suspend and terrninate an entrepreneur in their area who causes pollution impact to the environment and society; 3.8 Participate in pollution control, monitor implementation and regularly report the pollution situation for each period to provincial DONRE. 4. Concerned central and local agencies. 4.1 Sectors and other agencies such as industrial and commerce, public work and transport, agriculture and forestry, energy and mining, including local authorities of these sectors, participate in pollutant emission and pollution load control according to their responsibilities; and 4.2 attend technical consultation meetings to identify pollution prevention and solution measures requested by all socio sectors. 5. Project owners or entrepreneurs. To control pollutant emission and pollution load, project owners and entrepreneurs have roles and responsibilities as follows: 5.1 Treatment before releasing pollutants and pollution loading into target load areas such as natural water sources or man-made water sources, rice fields, public areas and rivers under the Environmental Quality and/ or Pollution Control Standards; 5.2 Storage and transport of pollutants and pollution load along with techniques; 16 5.3 Control of illegal chemicals or pollutant imports to use in mistaken objectives; and 5.4 application of appropriate technology from the beginning of manufacturing which reduces raw material and energy and reduces pollutants and pollution load. ChapterVI Monitoring and reporting 6.1 Self monitoring and reporting of pollution generating entrepreneurs, and pollution control from toxic chemicals which need an Environment Certificate for project implementation in line with the Ministry Agreement of MONRE No. S056/MONRE on December 17, 2013 must follow: I) Entrepreneurs generating pollution have an obligation to record pollutants and pollution quantity including their own pollutants and pollution load managing measures, and 2) to collect annual records and report and send them to a pollution permit agency. 3) Recording and reporting should include information that may not be contained in the Environmental Monitoring Management Plan before the approval of environment certification as follows: 3.1 Name and sources ofpollutants; 3.2 Quantity of pollutants per kg or ton/year; 3.3 Physical characteristics: solid, liquid or gas; 3.4 Most pollutants are organic or inorganic; 3.5 Detail ofpollutant's characteristics; 3.6 Detail of prevention, control, reduction and treatment approaches; 3.6 Name ofimplementer. Concerned agencies shall issue specific regulations relating to certificate approval for big industries or multi-section enterprises. Monitoring fees depend on size, possibilities of impact from the industry, and characteristics of environmental compatibility. 6.2 Operative in case of emergency. 17 Pollution control agencies coordinate with other concerned agencies from central including private sector and citizens to identify pollution control areas in case of accident or emergency relating to air, water or soil pollution leading to criticai negative impacts on the social and environment systems, to stop and narrow pollution, collect physical samples at the contaminated areas, identify reduction procedures and improvements, and conduct restoration. Pollution control agencies have the right to suspend/terrninate activities of investment projects which impact the environment, social system and nature, and inforrn the investment authorization agency to cancel and terrninate the entire implementation ofthe project. 6.3 Reporting Pollution control agencies regularly operate to monitor, assess and report movement of pollution control work every three years. ln case of accident or emergency relating to air, water or soil pollution leading to criticai negative impacts on the social system or environment, the pollution control agency together with the entrepreneur must promptly develop a specific report within 24 hours after recognition and send to all those concerned at the natural resources and environment sectors leveI. Proj ect owners or entrepreneurs who may cause water, soil or air pollution must develop and send reports of each period, such as monthly, quarterly, mid-yearly and annually, as issued in the pollution load certificate to each levei ofthe pollution control agency. Reports must contain: 1) Progress; 2) Violation and defect; 3) Result of self-monitoring on pollution treatment operation and destruction process including quantity of pollution before releasing to air, soil and water; and 4) difficulties that entrepreneurs have faced during the pollutant treatment operation, destruction process, and the quantity of pollution, including other necessary situations. 18 ChapterVII Final Provision 7.1 Implementation The Ministry of Natural Resources and Environment gives rights to the Pollution Control Department and Capital/Provincial Natural Resources and Environment to collaborate with related local authorities and other sectors to effectively disseminate, expand and implement these instructions. 7.2. Entry into force These instructions enter into force from the date of their signature. Minister of the Ministry of Natural Resources and Environment Noulinh SINBANDHlT 19