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Chapter 7 Miscellaneous
Article 53
When public or private premises perform air pollutant testing procedure in accordance with these Regulations, a notice shall be given to the reviewing agency 7 days before the testing.
In relation to the testing procedure under the previous paragraph, if there are two or more fixed pollution sources in the public or private premises with the same model, scale, operating conditions and pollution control facilities, the regulations about self or mandated testing, reporting and management for the stationary pollution source may be applied mutatis mutandis and an application may be filed with the reviewing agency for approval to perform testing procedure on a certain quantity of pollution sources.
Article 54
During the regular inspection testing period for stationary pollution source in public of private premises in accordance with Article 22 of this Act, if the stationary pollution source has filed for a new operating permit due to alteration of operating contents, air pollutant emission testing during trial operation may be used instead.
Article 55
If the public or private premises have Class 3 stationary pollution source designated under public announcement under Article 2, an application may be filed with the reviewing agency to agree to the installation. After the reviewing agency confirms that the manufacturing process in the stationary pollution source is consistent with the conditions that are publicly announced, it may issue a reply letter agreeing to the installation.
The public or private premises shall file an application for operating permit with the reviewing agency in accordance with Article 18 within 30 days after the installation of stationary pollution source is completed under the previous paragraph.
Article 56
Those public or private premises that for stationary pollution sources need to repeatedly apply for permission for changes or modifications to permit production capacity due to rapid changes in production capacity or production may apply all at one time for permission for the production capacity conditions or the maximum operating conditions for usage volumes of main raw materials, components or fuel connected with air pollutant emissions to be reached in the next five years. When performing trial operation or testing, the public or private premises may employ certain process conditions as operating conditions without being subject to the restrictions of Article 41.
The public or private premises, when applying for installation and operating permits pursuant to the previous paragraph, shall submit documents required under Article 12 or 18 and below information and make a filing with the reviewing agency:
I.Scheduled production capacity information or operating conditions for raw materials, components or fuel connected with air pollutant emissions for the five years starting from the application date.
II.Estimated pollutant emissions quantities for maximum production capacity conditions of maximum operating conditions to be applied for in the future.
III.An explanation or rapid changes in production capacity or products.
IV.A continuous automatic monitoring facilities plan for monitoring the concentration of primary air pollutants for the installation of stationary pollution sources or other alternate monitoring program authorized by the reviewing agency and sufficient to verify pollutant emissions are in compliance with the applicable requirements under this Act, and response methods for air pollutant emissions monitoring, testing and reporting work.
V.Other documents designated by the central competent authority.
After receipt of the permit application in the previous paragraph, the reviewing agency may use the maximum production capacity conditions or maximum operating conditions to be reached in the next five years as the basis for the issuance of installation and operating permits.
Article 57
The operations of those public and private premises that obtain an operating permit in accordance with the previous Article shall comply with the following regulations and shall not be subject to the 10% allowable difference restriction designated in Article 9:
I.For those with rapid changes in production capacity:
(I)Testing shall be completed in accordance with regulation within one month each time an increase in product output or usage quantities of raw materials, components or fuel connected with air pollutant emissions under operating conditions reaches 20% of the quantity for which a permit application has been submitted after reaching the permitted usage quantities. When performing testing, product output volumes or usage quantities of raw materials, components or fuel connected with air pollutant emission under operating conditions shall reach 80% or more of the actual quantity of increase.
(II)Regularly maintain records of operating materials related to raw materials and components and fuel connected with air pollutant emissions, products and control facilities, and perform testing and reporting work in accordance with the regulations.
(III)For the operating and testing records in the previous item, unless other regulations apply, records for the previous quarter shall be reported to the municipal or county (city) competent authority prior to the end of each January, April, July and October.
II.For those with rapid changes in products:
(I)Maintain daily records of operating matters related to control facilities and raw materials, components or fuel connected with air pollutant emissions.
(II)Perform air pollutant emissions testing at least once every half year.
(III)The operating and testing records in the previous two items shall be reported regularly to the municipal or county (city) competent authority every half year.
III.Other items designated by the central competent authority.
Article 58
When reviewing agency should publish the application information of the public or private premises in accordance with these Regulations on a website designated by the central competent authority, applications for industry or commerce confidential review may be filed in accordance with the Regulations for Publication of Stationary Pollution Source management Information and Industry and Commerce Confidential Reviews.
Documents approved (determined) following review in accordance with the previous paragraph shall be documents submitted by public or private premises in the application for permits in accordance with Article 12, 18 or 37.
Article 59
The application documents referred to in Article 32 that require certification by an environmental engineering technician or other relevant professional technician shall include the following:
I.Contents of air pollution control plan under Subparagraphs IV to XI, Article 13.
II.Subparagraphs II and III, 1st paragraph of Article 18.
III.Specifications of air pollution control facilities under Subparagraphs IV to IX of Article 19.
IV.Other items designated by the central competent authority.
Article 60
All permit application information filed by public and private premises in accordance with these Regulations shall be confirmed and signed by the air pollution control dedicated person put in place by the public or private premises.
If there is no air pollution prevention dedicated unit or person for the public or private premises under the previous paragraph, it may be the statutory representative of the public or private premises or a person designated by the statutory representative.
Article 61
For those other government agencies commissioned by the central competent authority for which one of the following circumstances applies, the central competent authority may officially announce the partial or complete suspension of the commission:
I.Those circumstances in which the central competent authority determines that the commissioned agency is unable to coordinate with the central, municipal or county (city) competent authority on the performance of permit control work.
II.Those circumstances in which the municipal or county (city) competent authority provides a reason it is inappropriate for the commissioned agency to continue to accept the commission and the central competent authority issues authorization.
III.Those circumstances in which the competent authority implements total quantity controls in accordance with the law and other relevant regulations apply.
IV.Those circumstances in which the commissioned agency provides a reason it will not continue to accept the commission and the central competent authority issues authorization.
V.Those circumstances in which the central competent authority deems there is no necessity to commission work.
The provisions under the previous paragraph apply mutatis mutandis to agencies committed by the municipal or county (city) competent authority in accordance with the 2nd paragraph of Article 11 to perform fuel usage permit application review and approval.
Article 62
If the public or private premises already use fuel before the publication of these Regulations, an application for fuel usage permit shall be filed in accordance with these Regulations within one year from the date of publication of the standards for fuel mixing ratio or standard for stationary pollution source in public or private premises are published.
Public or private premises that already sell or use raw coal, petroleum coke or other substance that creates air pollution easily or that possess raw coal usage permits in accordance with permits management regulations before the publication of these Regulations may continue the use before the expiry of the validity periods of such permits and shall file applications for extension replacement with fuel usage permit between 3 and 6 months before the expiry of the validity periods.
When the public or private premises under the previous paragraph apply for extension and replacement of raw coal usage permits by fuel usage permits, the reviewing agency shall follow the contents of the raw coal usage permit and determine the fuel usage quantity for each manufacturing process based on the unit of manufacturing process in the operating permit. When the validity period of the operating permit for the corresponding manufacturing process expires or in case of any alteration or modification application, the fuel usage permit for the manufacturing process shall also be included.
Article 63
These Regulations are implemented from the date of publication.