These Regulations are determined pursuant to Article 10, Paragraph 3 of the Toxic Chemical Substances Management Act (herein referred to as this Act).
Handlers of Class 1 to Class 3 toxic chemical substances, except for those engaged in export or disposal (hereafter handlers), handling quantities that meet large-scale handling standards shall submit a hazard prevention and response plan before applying for a toxic chemical substance permit or registration document, and submit the application to the special municipality, county or city competent authority for reference.
When the transport of Class 1 to Class 3 toxic chemical substances by the toxic chemical substance owner, either on its own or by commissioning a third party to do so, complies with the regulations of Article 2 of the Regulations Governing the Transportation Management of Toxic Chemical Substances, the owner shall submit a transport hazard prevention and response plan to the special municipality, county or city competent authority for reference.
The hazard prevention and response plan prescribed in Article 2, Paragraph 1 shall include the following items:
I. A plan summary:
A. Basic information concerning the site:
1. Basic information concerning the handler and handling site
2. Basic information concerning the toxic chemical substances
3. Emergency response and protective equipment for accidents within the handling site
4. Handling site layout plan which must include the TM2 coordinates of the main entrance to the toxic chemical substances handling site, entrances to storage areas, and entrances to use areas
B. Abstract of hazard prevention and response procedures, including:
1. Location map of the handling site and sensitive areas within the site
2. Notification system, response organization, and methods of external aid
3. Preparedness of prevention and rescue equipment
4. Accident prevention and response training, exercises, education and awareness
5. Issuance of alarms
6. Rescue of personnel and isolation of areas where accidents have occurred
7. Appropriation of accident prevention and rescue funds
8. Handling of remaining toxic chemical substances after an accident
Toxic chemical substance management and hazard prevention and management measures
A. Accident prevention measures
B. Table of basic information concerning accident prevention during handling of toxic chemical substances
C. Toxic.chemical substance accident prevention and rescue equipment and facilities. Accident simulation analysis must be provided when Class 3 toxic chemical substances are handled.
D. Accident prevention and response training, exercises, and education and awareness: unannounced tests shall be held at least twice each year, and overall training exercises shall be held at least once each year.
E. Appropriation of accident prevention and response funding
Emergency response command system and notification mechanisms
A. Method of alarm issuance after an accident occurs
B. Method of activating external aid systems
C. Accident response actions: including the effective operation of isolation maintenance measures and handling facilities, and secondary accident prevention measures
D. Method of personnel rescue and isolation of affected areas
E. Environmental restoration: including the satisfactory handling of toxic chemical substances and cleanup and disposal of environmental pollutants
F. Method of emergency evacuation from a major accident or area affected by an accident
The content of the transport hazard prevention and response plan in Article 2, Paragraph 2 shall include the following items:
1. Plan abstract:
(1) Basic information:
a. Basic information concerning means of transport
b. Basic information concerning the toxic chemical substances to be transported
c. Basic information concerning form of transport
(2) Hazard prevention and response measure abstract:
a. Transport tank safety and protective measures.
b. Transport accident prevention measures.
c. Transport personnel accident prevention training, exercises, and education/ awareness.
2. Hazard prevention:
(1) Toxic chemical substance transport management and hazard prevention management measures.
(2) Transport accident prevention measures.
(3) Response equipment and facilities on toxic chemical substance transport vehicle.
(4) Toxic chemical substance transport accident prevention training, drills and education/awareness, including at least two unannounced tests annually and general exercises at least once per year.
(5) Budgeting of transport accident prevention funds.
(1) Transport emergency response command system and notification mechanism.
(2) Method of activating external transport support system.
(3) Response actions in the event of a transport accident.
(4) Emergency evacuation actions and implementation methods in the event of a major transport accident or in the accident area.
4. Transport handlers must carry hazard prevention and response information during transport, including an emergency contact telephone number that can be reached at any time, accident notification telephone number, names and method of contacting professional response personnel who can be dispatched in the event of an accident, list of carried safety equipment, planned transport route, and external support organizations and agencies, etc.
The transport hazard prevention and response plan shall be jointly implemented by toxic chemical substance owner and transport handler on the basis of the plan's content; if the toxic chemical substance owner commissions a third party to perform transport work, it must inform the commissioned transporter of the content of the hazard prevention and response plan reported for reference, and shall explicitly state said content in the transport contract.
When handlers handle multiple toxic chemical substances at the same handling site, and hazard prevention and response actions and equipment are similar for the different substances, handlers may submit a combined hazard prevention and response plan after the special municipality, county, or city competent authority has granted its consent.
In the foregoing paragraph, if one of the toxic chemical substances is no longer handled, handlers shall re-submit a hazard prevention and response plan for reference.
Handlers shall implement the hazard prevention and response plan according to its contents. Records shall be kept of the implementation of the accident prevention and rescue training, exercises, and education and awareness measures in the plan, and shall be preserved for three years for reference.
Handlers shall review their hazard prevention and response plans once every two years, and shall report any changes for reference.
If an accident involving toxic chemical substances occurs, handlers shall within one half-year review its hazard prevention and response plan in accordance with the approved accident investigation and handling report, and shall submit review results for reference.
If handlers change their toxic chemical substance processes or storage methods, such handlers shall submit a post-change hazard prevention and response plan for reference within 30 days of the change.
The special municipality, county or city competent authority shall, within 15 days of approval, place a summary of a Class 3 Toxic chemical substance hazard prevention and response plan at the special municipality, county or city government, or township, town, or city public office for public inspection.
With regard to the hazard prevention and response plan summary in the foregoing paragraph, information concerning the location and method of inspection in the summary shall be announced on the web site or bulletin board of the competent authority.
These Regulations shall take effect on the date of promulgation. However, the clauses of Articles 2, 3, and 4 revised on November 18, 2009 shall take effect on July 1, 2011..