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Chapter Law Content

Title: Air Pollution Control Act CH
Category: Ministry of Environment(環境部)
Chapter 2. Air Quality Maintenance
Article 5
The central competent authority shall delineate and officially announce each class of special municipality, county and city control region based on the demands placed upon air quality by land use or air quality conditions.
The control regions in the preceding paragraph shall be divided into the following three classes.
1.Class 1 control regions: Class 1 control regions refer to such areas as national parks and nature protection and conservation areas that are delineated in accordance with the law.
2.Class 2 control regions: Class 2 control regions refer to the areas that meet air quality standards, with the exception of Class 1 control regions.
3.Class 3 control regions: Class 3 control regions refer to the areas that do not meet air quality standards, with the exception of Class 1 control regions.
The central competent authority in consultation with relevant agencies shall determine the air quality standards in the preceding paragraph and shall review them at least every four years.
Article 6
Stationary pollution sources shall not be newly installed or modified within Class 1 control regions, with the exception of facilities for maintaining the livelihoods of residents within the region, facilities necessary for the operation and management of national parks, and national defence facilities.
Newly installed or modified stationary pollution sources within Class 2 control regions in which pollutant emissions reach a certain scale shall be required to perform modelling and simulation for their pollutant emissions in order to verify that these emissions will not exceed allowable pollutant increase limits within the control region where the pollution source is located or within adjacent control regions where air quality might also be affected.
Existing stationary pollution sources within Class 3 control regions shall reduce pollutant emissions. Newly installed or modified stationary pollution sources within Class 3 control regions in which pollutant emissions reach a certain scale shall employ best available control technology. In case of specific large pollution sources, the lowest achievable emission rate control technology shall be adopted. Pollutant emissions from newly installed or modified stationary pollution sources within Class 3 control regions shall perform modelling and simulation in order to verify that these emissions will not exceed allowable pollutant increase limits within the control region where the pollution source is located or within adjacent control regions where air quality might also be affected.
The central competent authority shall determine the pollutant emissions within Class 2 and Class 3 control regions, allowable pollutant increase limits, air quality modeling and simulation standards, types and scales of specific large pollution sources within Class 3 control regions, the best available control technology, the lowest achievable emission rate control technology and the criteria for reduction of pollutants from existing stationary pollution sources.
Article 7
The central competent authority shall draw up an air pollution control scheme and shall review it every four years.
Special municipality, county and city competent authorities shall determine air pollution control plans pursuant to the preceding article and the forementioned scheme and report to the central competent authority for its approval and announcement, and shall review and amend the plans every four years.
In drawing up the air pollution control scheme mentioned in the preceding article, special municipality, county or city competent authorities shall consider the fact that air pollutants are characterized by circulation, and shall determine the scheme in consultation with the competent authorities of adjacent special municipalities, counties or cities.
Article 8
The central competent authority may, based on topographical and meteorological conditions, designate single or multiple special municipalities, counties or cities between which it is possible for air pollutants to circulate,as a total quantity control zone, determine total quantity control plans, and officially announce and implement total quantity controls.
Within a total quantity control zone that meets air quality standards, newly installed or modified stationary pollution sources from which pollutant emissions reach a certain scale shall be required to perform modelling and simulation for their pollutant emissions in order to verify that these emissions will not exceed allowable pollutant increase limits within the zone.
Within a total quantity control zone that does not meet air quality standards, an existing stationary pollution source shall apply to the special municipality, county or city competent authorities for authorization of its pollutant emissions and shall make reductions in accordance with the targets and deadlines that the central competent authority has designated based on air quality requirements. Newly installed or modified stationary pollution sources from which pollutant emissions reach a certain scale shall employ best available control technology. In case of specific large pollution sources, the lowest achievable emission rate control technology shall be adopted. Newly installed or modified stationary pollution sources shall acquire emission quantities sufficient to offset pollutant emission increases.
Existing stationary pollution sources that, as a result of the adoption of control measures, achieve actual emission reduction greater than designated reduction may bank, offset or trade the difference after authorization by the special municipality, county or city competent authorities. However, those that fail to achieve the designated reduction targets shall acquire emission quantities sufficient to offset.
The central competent authority in consultation with relevant agencies shall determine the allowable pollutant increase limits in Paragraph 2, the scale of the pollutant emissions in Paragraphs 2 and 3, the criteria for the authorization of the pollutant emissions of existing stationary pollution sources in Paragraph 3, types and scales of newly installed or modified pollution sources, the best available control technology, the lowest achievable emission rate control technology, and the regulations for the authorization of the actual emission reduction difference for banking, offsetting or trading in the preceding paragraph.
Article 9
The pollutant emission increases offset by newly installed or modified stationary pollution sources in Paragraph 3 and the emission quantities offset by existing stationary pollution sources in Paragraph 4 of the preceding article shall be obtained from the following sources and offset at the rate which is lower.
1.The actual reduction difference banked by stationary pollution sources in accordance with regulations;
2.Emission quantities obtained through trading or auction;
3.Emission quantities reduced through improvement of mobile pollution sources; and
4.Other emission quantities approved by the central competent authority.
The auction regulations shall be determined by the central competent authority if the auction in the preceding paragraph is conducted by competent authorities at all levels.
Article 10
The total quantity control plans for the total quantity control zones that meet air quality standards shall include allowable pollutant increase limits, measures for avoiding deterioration of air quality, principles for the approval of newly installed or modified stationary pollution sources, operational methods, and other matters.
The total quantity control plans for the total quantity control zones that do not meet air quality standards shall include pollutant types, quantity reduction targets, quantity reduction timetables, pollutant reduction quantities and timetables that the competent authorities of each special municipality, county and city within the control zone shall be required to implement, percentage of pollutants offset in Paragraph 1 of the preceding article, principles for the approval of newly installed or modified stationary pollution sources, operational methods, and other matters.
Article 11
The special municipality, county and city competent authority within total quantity control zones shall determine and amend air pollution control plans in accordance with the total quantity control plans in the preceding article.
For those air pollution control plans in the preceding paragraph that are determined for total quantity control zones that do not meet air quality standards, the special municipality, county and city competent authority shall designate the stationary pollution sources that shall be required to reduce emission quantities and reduction quantities and timetables in accordance with the regulations for pollutant reduction quantities and timetables that competent authorities shall be required to implement pursuant to the preceding article.
Article 12
The central competent authority in conjunction with the Ministry of Economic Affairs shall officially report to Executive Yuan the regulations related to the total quantity control in Article 8 through the preceding article after the establishment of a checking system for pollution source emission quantities and an emissions trading system and then announce and implement the regulations on a stage-by-stage and zone-by-zone basis after the approval of the Executive Yuan.
Article 13
The central competent authority should establish air quality monitoring stations and regularly publicly report the state of air quality and its original data in cities, towns, and townships where petrochemical industrial areas are located and at appropriate points selected by competent authorities at all levels.
The criteria for the air quality monitoring stations established in accordance with the preceding paragraph shall be determined by the central competent authority.
Article 14
When there is a concern of a serious deterioration in air quality due to variations in meteorological conditions or other reasons, competent authorities at all levels and public and private premises shall promptly implement emergency control measures. Competent authorities at all levels shall issue air quality deterioration alerts when necessary and may prohibit or restrict the use of transportation vehicles, the emissions of air pollutants by public and private premises, and activities at government agencies and schools.
Electricity enterprises, in order to implement the aforementioned emergency control measures or cooperate with competent authorities at all levels to reduce coal-fired power generation, may adjust the types of fuels used for power generation. This adjustment may result in an increase in fuel consumption for gas-fired power generation and air pollutant emissions. The increase shall be reported to the central competent authority of the relevant area for review and approval. Once approved, the limitations on annual fuel consumption and emission quantities specified in permits issued in accordance with Paragraph 4 of Article 24 shall not apply to electricity enterprises. Those that have been reviewed and approved in accordance with the Environmental Impact Assessment Act are not subject to the restrictions on the annual permitted fuel consumption and emissions contained in the environmental impact statement or environmental impact assessment report and the review conclusions.
The increment in air pollutant emissions resulting from the adjustment in the preceding paragraph shall be lower than the reduction in air pollutant emissions achieved through the implementation of emergency control measures or the reduction of coal-fired power generation. If the adjustment is made due to the implementation of emergency control measures, the period for which the increment is approved by the central competent authority shall be limited to the duration of the emergency.
The issuance of warnings, emergency control measures and approval procedures for serious deterioration of air quality in Paragraph 1 and Paragraph 2 shall be implemented by the central competent authority in consultation with relevant agencies and submitted to the Executive Yuan for approval and announcement.
The provisions in Paragraphs 2 and 3, as amended on June 25, 2018, shall remain in effect until December 31, 2025.
Article 15
Developers of special industrial parks shall plan and install buffer zones within the boundaries of the parks and install air quality monitoring facilities in appropriate areas.
The central competent authority shall determine the categories, buffer zones, records and reports of monitored air quality, monitoring facility establishment standards and record reporting standards for the special industrial parks in the preceding paragraph.
The central competent authority shall periodically announce the status of reporting as mentioned in the preceding paragraph and its original data.
Article 16
Competent authorities at all levels may collect air pollution (control) fees from stationary and mobile pollution sources that emit air pollutants. The targets of air pollution fees are as follows:
1.Stationary pollution sources: Fees shall be collected from the owners of the pollution source based on the types and quantity of air pollutants emitted. Fees shall be collected from the actual user or administrator if the owner of the source is not the user or administrator. Fees shall be collected from the construction project owner if the pollution source is a construction project. For substances designated and officially announced by the central competent authority, fees may be collected from the vendor or importer based on the sales volume of the substance.
2.Mobile pollution sources: Fees shall be collected from the vendor or user based on the types and quantity of air pollutants emitted or from the vendor or importer based on the type, composition, and quantity of fuel.
The central competent authority, in consultation with relevant agencies, shall determine fee collection methods, calculation methods, declaration and payment procedures, payment deadlines, methods for the pursuit of insufficient payment, calculation methods for pollutant emission quantities, and other binding fee collection regulation matters.
Article 17
The air pollution control fees in the preceding article shall be collected by the central competent authority, with the exception of air pollution control fees for construction projects, which shall be collected by special municipality, county or city competent authorities. Sixty percent of the funds collected by the central competent authority from stationary pollution sources shall be allocated to the competent authorities of the special municipalities, counties or cities in which the said stationary pollution sources are located. Twenty percent of the funds collected from mobile pollution sources shall be allocated to the competent authorities of the special municipalities, counties or cities in which users of the said mobile pollution sources are domiciled or oils and fuels are sold. However, if the central competent authority determines that the results of the air quality maintenance or improvement plans implemented by the competent authority of a special municipality, county or city government are unsatisfactory or if the funds are not used pursuant to Article 18, the central competent authority may consider reducing the amount of funds to be allocated.
The central competent authority in consultation with relevant agencies shall determine the fee rates in the preceding paragraph based on current air quality conditions, pollution sources, pollutants, fuel type and pollution control costs.
After the implementation of the fee rate in the preceding paragraph for one full year, competent authorities of special municipalities, counties or cities in total quantity control zones may, taking into consideration environmental and air quality conditions in the control zone at issue, regularly submit a recommended fee rate within a range of plus or minus 30% of the fee rate in the preceding paragraph. This recommended fee rate shall be submitted to the central competent authority for review, approval and official announcement.
Article 18
Air pollution control fees shall be provided exclusively for air pollution control uses. The matters for which these fees may be disbursed are as follows.
1.Matters concerning the implementation of air pollution control work by competent authorities at all levels;
2.Matters concerning the inspection of air pollution sources and the auditing of the implementation and efficacy of such inspections;
3.Matters concerning subsidies and incentives for the performance of air pollution abatement work by each category of pollution source;
4.Matters concerning the commissioning and subsidizing of analysis laboratories for the performance of motor vehicle emissions testing;
5.Matters concerning the commissioning or subsidizing of professional organizations for the performance of the testing, guidance and evaluation of stationary pollution sources;
6.Matters concerning air pollution control technology research and development and strategy formulation;
7.Matters concerning international environmental protection work involving air pollution;
8.Matters concerning air quality monitoring and the auditing of the implementation and efficacy of such monitoring;
9.Matters concerning the expenses related to the collection of air pollution control fees;
10.The hiring of personnel required for work related to air pollution control;
11.Related matters concerning air pollution health risk assessments and management;
12.Matters concerning incentives for promoting the use of clean energy and related research and development;
13.Matters concerning rewards for reporting of air pollution; and
14.Other matters concerning air pollution control work.
For the air pollution control fees in the preceding paragraph, competent authorities at all levels may establish funds for the management and utilization of these fees and fund management committees for the supervision and operation of these funds. Scholars, experts and environmental group representatives who are not key shareholders of any corporation in relevant fields shall account for at least two-thirds of the members of these committees, and environmental group representatives may not account for less than one-ninth of the members of these committees.
The representatives of the fund management committee mentioned in the preceding paragraph shall avoid interests in connection with reviewed cases, and Articles 32 and 33 of the Administrative Procedure Act shall apply mutatis mutandis to such avoidance.
The actual use of air pollution control fees for the items listed in Paragraph 1 shall be published on the website designated by the central competent authority.
The air pollution control fees in Paragraph 1 shall be first used for the areas affected materially by air pollution. Competent authorities at all levels shall, for all incentives and subsidies in each paragraph, determine regulations for targets, application qualifications, review procedures, the revocation, cancellation and compensation of incentives and subsidies, and other relevant binding matters.
Article 19
Those public and private premises with stationary pollution sources that are able to effectively reduce pollutant emission quantities to a certain level due to the implementation of pollution control and quantity reduction measures may apply to the competent authority of the special municipality, county or city for incentives; those that have already paid air pollution control fees pursuant to Article 16 (1) may apply to the competent authority of the special municipality, county or city for air pollution control fee exemptions.
The central competent authority in consultation with relevant agencies shall, for the air pollution control fee exemptions and incentives in the preceding paragraph, determine management regulations for targets, application qualifications, review procedures, revocation, cancellation, compensation and other relevant binding matters.