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Chapter Law Content

Title: Air Pollution Control Act CH
Category: Ministry of Environment(環境部)
Chapter 3. Control
Article 20
Public and private premises with stationary pollution sources that emit air pollutants shall comply with emission standards.
The central competent authority in consultation with relevant agencies shall determine the emission standards in the preceding paragraph based on specially designated industry categories, facilities, pollutant items or areas. Special municipality, county and city competent authorities may draft more stringent individual emission standards due to special needs and submit these standards to the central competent authority for approval in consultation with relevant agencies.
The emission standards in Paragraph 1 shall include hazardous air pollutants, and the emission standards shall be determined based on the result of health risk evaluation and feasibility of control technology.
The central competent authority shall officially announce types of the hazardous air pollutants mentioned in the preceding paragraph and the operation of health risk evaluation.
Article 21
Those public and private premises possessing stationary pollution sources designated and officially announced by the central competent authority shall report the quarterly air pollutant emissions of their stationary pollution sources for the previous quarter to the competent authority of the special municipality, county or city by the end of January, April, July and October each year.
The central competent authority shall determine regulations for the calculation, records, reporting content, procedures and methods, checking, and other binding matters for the quarterly air pollutant emission quantities of stationary pollution sources in the preceding paragraph.
Article 22
Those public and private premises possessing stationary pollution sources designated and officially announced by the central competent authority shall complete the installation of automated monitoring facilities by the designated deadline in order to continuously monitor their operations or air pollutant emissions conditions, and shall apply to the competent authority of the special municipality, county or city for authorization. Those that have been designated and officially announced as being required to connect via the Internet shall complete the connection of their monitoring facilities via the Internet to the competent authority of the special municipality, county or city by the designated deadline, and shall be made public on the website of the special municipality, county and city competent authority.
With the exception of the pollution sources in the preceding paragraph, competent authorities at all levels may, when it deems necessary, designate and officially announce whether a pollution source shall perform regular analysis on its own or shall commission an analysis laboratory to conduct such analysis.
Records of the results of the monitoring and analysis in the two preceding paragraphs shall be maintained and shall be reported to the competent authority of the special municipality, county and city in accordance with regulations. The central competent authority shall determine management regulations for records, reporting, preservation, Internet connection standards, installation completion, Internet connection deadline and other binding matters for the results of monitoring and analysis.
Article 23
Public and private premises shall effectively collect each type of air pollutant and maintain the normal operation of their air pollution control facilities and monitoring facilities. The maximum operating quantity of their stationary pollution sources may not exceed the maximum treatment capacity of their air pollution control facilities.
The central competent authority shall determine management regulations for the specifications, installation, operation, inspection, service, record and other binding matters for stationary pollution sources and their air pollutant collection facilities, control facilities and monitoring facilities.
Article 24
Those public and private premises possessing stationary pollution sources designated and officially announced by the central competent authority shall, prior to installation or modification, submit air pollution control plans to the special municipality, county or city competent authority or other government agency commissioned by the central competent authority in order to apply for the issuance of installation permits, and shall perform installation or modification pursuant to the permit contents.
After the installation or modification of the stationary pollution sources in the preceding paragraph, public and private premises shall submit verification documents that demonstrate compliance with the regulations of the Act to the special municipality, county or city competent authority or other government agency commissioned by the central competent authority in order to apply for the issuance of operating permits, and shall perform operations pursuant to the permit contents.
The special municipality, county or city competent authority or the agency commissioned by the central competent authority shall post the application information on a public website prior to the issuance of operating permits mentioned in the two preceding paragraphs in order for the public to review and provide their opinions for the authorities issuing permits for reference.
The central competent authority shall determine management regulations for the application, review procedures, review principles, public contents, issuance, cancellation, revocation, granting and termination of commissions by the central competent authority, and other binding matters for installation and operating permits for stationary pollution sources.
Article 25
Public and private premises shall reapply for the issuance of installation and operating permits due to relocation or a change of industry category.
Those public and private premises that have already obtained an operating permit, and for which the official announcement and implementation of total quantity controls by the central competent authority or revisions made by the competent authority in accordance with the emission standards of the issued operating permit causes the operating permit contents to be no longer in compliance with regulations, shall reapply for the issuance of an operating permit to the special municipality, county or city competent authority or other government agency commissioned by the central competent authority by the deadline officially announced by the central competent authority.
Article 26
The air pollution control plan in Article 24 (1) and the supporting documents in Paragraph 2 of the same article shall be signed by a legally registered and practicing environmental engineer or other relevant professional engineer.
Those within government agencies, public enterprises and public juridical persons subject to the preceding paragraph that have legally obtained certification as an engineer in the preceding paragraph may perform the signature work.
Article 27
The public or private premises possessing multiple stationary pollution sources that emit the same air pollutants may apply to the special municipality, county or city competent authority improvements to its total quantity and concentration of air pollutant emissions. After review and approval, the emissions of its individual pollution sources may be exempt from the restrictions of the emission standards determined pursuant to the Article 20 (1) and (2).
The public and private premises in the preceding paragraph shall adopt the total quantity and concentration limits for air pollutants approved by the special municipality, county or city competent authorities as their emission standards.
The central competent authority shall determine management regulations for the application, review procedures, approval, cancellation, revocation and other binding matters for the total quantity and concentration of air pollutant emissions in Paragraph 1.
Article 28
The fuels and auxiliary fuels that contain bituminous coal or other substances designated and officially announced by the central competent authority and are also used by public or private premises shall meet the standards provided by the central competent authority for fuel types, ratio of fuels in combustion and fuel composition. The use of these fuels may begin only after application for and acquisition of a use permit issued by the special municipality, county or city competent authority. Records of the use of these substances shall be maintained and reported to the special municipality, county or city competent authority in accordance with regulations.
The central competent authority in consultation with relevant agencies shall determine standards for fuel types, ratio of fuels in combustion and fuel composition, and management regulations for the application, review procedures, conditions for a permit, issuance, revocation, cancellation, records, reporting and other binding matters in the preceding paragraph.
Article 29
Those that use any substances that are prone to cause air pollution shall prepare relevant documents and apply to special municipality, county or city competent authorities for a permit. The substances can be used only after a permit is issued based on successful review. Records of the use of the substances shall be maintained and reported to special municipality, county or city competent authorities in accordance with regulations.
The substances that are prone to cause air pollution in the preceding paragraph shall be officially announced by the central competent authority in consultation with relevant agencies.
The central competent authority in consultation with relevant agencies shall determine management regulations for the application, review procedures, conditions for a permit, issuance, revocation, cancellation, records, reporting and other binding matters in Paragraph 1.
Article 30
The validity time period for permits issued pursuant to Article 24 (1) and (2), Article 28 (1) and Paragraph 1 of the preceding article shall be five years. Those that still wish to continue to use their permits upon expiration shall submit a permit extension application to the special municipality, county or city competent authority or other government agency commissioned by the central competent authority between three to six months prior to expiration. The valid time period for an extended permit shall be no less than three years and no more than five years. However, the valid time period shall be shortened to be less than 3 years in the event of any of the following conditions:
1. Serious violation of the Act in the valid time period of the original permit, with a final disposition issued;
2. Stationary pollution sources installed and operated for less than five years; or
3. Stationary pollution sources located in total quantity control zones.
The special municipality, county or city competent authority or other government agency commissioned by the central competent authority shall reject the applications of those public and private premises for which permit extension application documents fail to meet regulations or are not corrected by the permit expiration deadline; those public and private premises that fail to apply for extensions between three to six months prior to the permit expiration deadline and for which the special municipality, county or city competent authority or other government agency commissioned by the central competent authority has yet to make a decision concerning approval or rejection by the date of the permit expiration deadline shall suspend installation, modification, operations or use on the date of the permit expiration deadline; the permits of those public and private premises that fail to apply for extensions prior to the permit expiration deadline shall lose validity on the date of the permit expiration deadline; public or private premises shall reapply for installation, operating or use of permit if they need to continue installation, modification, operation or use.
Public and private premises with stationary pollution sources shall still be allowed to install, operate or use pursuant to the original permit during the period between the expiration of the permit and the completion of review,if the special municipality, county or city competent authority or other government agency commissioned by the central competent authority fails to approve or reject their extension applications before the expiration of the permit due to the review process, even though the public and private premises have applied for extension with such competent authority or government agency within the period provided by Paragraph 1.
When the special municipality, county or city competent authority or other government agency commissioned by the central competent authority reviews an extension permit, no change in the contents of the permit shall be allowed unless any of the following situations has occurred:
1. In case of an existing stationary pollution source within a Class 3 control region, pollutant emissions shall be reduced in accordance with the criteria provided in Article 6 (4) for reduction of pollutant emissions from stationary pollution sources.
2. In case of pollutant emissions from the pollution source designated in the air pollution control plan determined in Article 7 (2), the amount of reduced pollutant emissions shall be calculated based on the provided timetable.
3. Fuel types, fuel composition standards or the ratio of fuels in combustion used by the public or private premises are changed.
Article 31
The central competent authority may prohibit or restrict substances controlled under international environmental protection conventions that are prone to cause air pollution, as well as the manufacture, import, export, sale, or use of products made from or filled with such substances.
The substances and products mentioned in the preceding paragraph shall be officially announced by the central competent authority in consultation with relevant agencies. The central competent authority, in consultation with relevant agencies, shall establish regulations regarding permit applications, review procedures, revocation, record-keeping, reporting, and other binding matters concerning the manufacture, import, export, sale, or use of these substances and products.
Article 32
The following acts are prohibited within each class of control region or within total quantity control zones.
1.Engagement in burning, melting, refining, grinding, casting, conveyance or other operation that causes the production of significant particulate pollutants that are dispersed into the air or onto the property of others;
2.Engagement in construction projects, piling of powdered or granular materials, transportation of construction materials or waste, or other industrial processes without appropriate control measures that causes airborne dust or polluted air;
3.Placement, mixing, stirring, heating or baking of substances, spontaneous combustion due to improper management, or engagement in other operations that causes odorous pollutants or toxic gases;
4.Use, conveyance or storage of organic solvents or other volatile substances that causes odorous pollutants or toxic gases;
5.Food preparation by the food and beverage industry that causes the dispersal of oily smoke or odorous pollutants; and
6.Other air polluting acts officially announced by competent authorities at all levels.
Air polluting acts in the preceding paragraph mean acts in which air pollutants are not emitted through exhaust pipes.
The central competent authority shall determine the execution criteria for the control of the acts in Paragraph 1.
Article 33
When stationary pollution sources of public or private premises emit a large quantity of air pollutants due to a sudden accident, the statutory responsible person shall promptly adopt emergency response measures and shall notify the special municipality, county or city competent authority within at least one hour.
Under the circumstances in the preceding paragraph, the special municipality, county or city competent authority may, in addition to ordering the public or private premises to adopt necessary measures or ordering the public or private premises to suspend the operation of the stationary pollution sources at issue, issue air quality deterioration alerts and take response measures.
Air pollution emergency response measures and plans shall be established and periodically reviewed by public or private premises and shall be submitted to the special municipality, county or city competent authority for its approval before being implemented precisely.
The central competent authority shall determine regulations for the issuance of deterioration alerts, notification methods and response measures indicated in Paragraph 2 and the contents and execution methods of the air pollution emergency response measures and plans indicated in the preceding paragraph.
Article 34
Public and private premises that have been designated and officially announced by the central competent authority shall establish dedicated air pollution control units or personnel positions.
Public or private premises that have been designated and officially announced by the central competent authority for their emitting hazardous air pollutants shall establish dedicated health risk evaluation personnel positions.
The dedicated personnel in the two preceding paragraphs shall comply with the qualifications designated by the central competent authority and undergo training in order to obtain a qualification certificate.
The central competent authority in consultation with relevant agencies shall determine management regulations for the establishment of dedicated units and personnel positions, the qualifications and training of dedicated personnel, the obtaining, revocation and cancellation of qualification certificates, and other binding matters.
Article 35
Public or private premises shall publish on the websites designated by the central competent authority the permits for establishment and operation of stationary pollution sources, including air pollution control plans and air pollution control facility description; permits for use of fuels and information reported in accordance with the Act; license numbers and information of environmental engineering technicians, dedicated air pollution control personnel and environmental inspection and testing institutions; and emergency response measures and plans. However, national defense secrets related information and trade secrets that have been reported by public or private premises to special municipality, county or city competent authorities and then approved by special municipality, county or city competent authorities shall not be subject to the publication.
Competent authorities at all levels may publish on the websites designated by the central competent authority the information and statistics of audit and disposition on public or private premises, environmental engineering technicians, dedicated air pollution control personnel and environmental inspection and testing institutions.
The central competent authority shall determine regulations for the methods of information publication and review of trade secrets indicated in the two preceding paragraphs.
Article 36
Mobile pollution sources emitting air pollutants must comply with emission standards.
The emission standards mentioned in the preceding paragraph shall be determined by the central competent authority in consultation with relevant agencies. Depending on air quality requirements, emission standards applicable to transportation vehicles manufactured more than ten years ago may be made more stringent.
All in-use automobiles, whether domestically produced or imported, are required to undergo individual inspections and meet the emission standards specified in Paragraph 1.
The methods for determining and inspecting in-use automobiles as mentioned in the preceding paragraph shall be announced by the central competent authority.
Manufacturers and importers of automobiles are prohibited from installing any emission control devices that impact the reduction of air pollutants emitted by transportation vehicles. However, this prohibition does not apply to emission control devices falling under one of the following circumstances:
1.Those equipped with essential functions necessary to protect against damage and prevent accidents.
2.Mechanisms that prevent the device from operating after the engine has been started and the automobile has been warmed up.
Article 37
The users or owners of mobile pollution sources shall maintain the effective operation of the air pollution control equipment of their vehicles and may not remove or modify the air pollution control equipment not certified by the central competent authority.
The management regulations governing the types, specifications, effect verification methods,labels, certification, revocation and cancellation of the mobile pollution sources and other matters requiring compliance in the preceding paragraph shall be determined by the central competent authority.
Article 38
When a motor vehicle is stationary and idling at designated premises, location or weather conditions, the idling time must comply with the regulations of the central competent authority.
The management regulations governing the motor vehicle type, designated premises, location, weather conditions, stationary idling time, and other matters requiring compliance in the preceding paragraph shall be determined by the central competent authority.
Article 39
The manufacture, import, sale, or use of fuel intended for mobile pollution sources must adhere to the standards for fuel types and composition set by the central competent authority. However, this requirement does not apply to fuels exclusively intended for export.
Fuel manufacturers, as specified in the preceding paragraph, must obtain a permit issued by the central competent authority before domestically selling the produced fuel. Importers must obtain a permit document from the central competent authority before applying for an import consent document from the competent authority for the petroleum industry. Manufacturers or importers are required to conduct component inspections and analyses for each batch or shipment of fuel, maintaining records of the results, and reporting them to the central competent authority.
The standards for fuel types and composition in Paragraph 1, as well as the procedures for permits, revocations, cancellations, records, reporting, and other obligatory regulations related to sales and imports in the preceding paragraph, shall be established through deliberation between the central competent authority and relevant agencies.
Article 40
Competent authorities at all levels may, depending on air quality and characteristics of pollution, plan and install air quality maintenance zones and implement control measures for mobile pollution sources.
Controls of mobile pollution sources in the preceding paragraph may include the following measures:
1.Prohibit or limit access of specific motor vehicles;
2.Prohibit or limit any fuels, power types and operation conditions used by mobile pollution sources, status of operation, and access; or
3.Take other control measures that improve air quality.
The control measures for mobile pollution sources in Paragraph 1 shall be determined by special municipality, county or city competent authorities and submitted to the central competent authority, and shall be officially announced after the approval of the central competent authority.
Article 41
The central competent authority shall conduct inspections on the emissions of air pollutants from in-use automobiles. If it is determined through evaluation that these automobiles cannot meet the emission standards for mobile pollution sources due to design or installation issues, the manufacturers or importers shall be ordered to recall and rectify the automobiles already sold within a specified period. Failure to comply by the deadline shall result in the suspension of their manufacturing, importing, and sales activities.
Regulations for recalling and rectifying automobiles shall be established through consultation between the central competent authority and relevant agencies.
Article 42
Motor vehicles shall obtain central competent authority issued vehicle model exhaust testing compliance verification and central competent authority certification and authorization before they may apply for license plates.
The management regulations governing the issuance, revocation and cancellation of the motor vehicle model exhaust testing, compliance, verification and other matters requiring compliance in the preceding paragraph, shall be determined by the central competent authority.
The central competent authority in consultation with relevant agencies shall determine regulations for the certification and authorization of motor vehicle air pollutants in Paragraph 1.
Article 43
The central competent authority may commission other government agencies to periodically conduct the motor vehicle exhaust testing and pay a commission fee. The fee may be deducted from the fee of the motor vehicle exhaust testing,
The central competent authority in conjunction with the central competent authority in charge of transportation and communications shall determine regulations for testing and treatment, and commission regulations for air pollutant emission of transportation vehicles and other binding matters.
Article 44
Motor vehicles shall undergo regular air pollutant emission testing. The owner of a motor vehicle for which testing reveals a failure to comply with the emission standards in Article 36 (2) shall make repairs and apply for retesting within one month after the date of testing.
The central competent authority shall officially announce the targets, regions, frequency and deadlines for the performance of the testing in the preceding paragraph.
The central competent authority shall determine management regulations for the conditions, facilities, computer software, testing personnel qualifications, installation authorization, revocation, cancellation, checking, suspension of testing and other binding matters for the establishment of air pollutant emission testing stations for motor vehicles.
Article 45
Competent authorities at all levels may perform irregular air pollutant emission testing or inspections of in-use mobile pollution sources at car parks or stations, at airports, on roadways, in port zones, on water bodies or at other appropriate locations, or may notify transportation vehicles for which there is a concern of polluting to undergo testing at a designated location by a designated deadline.
The central competent authority in consultation with relevant agencies shall determine regulations for the random air pollutant emission testing of in-use mobile pollution sources.
Article 46
Those in-use motor vehicles for which air pollutant emissions are determined through visual determination, visual inspection or remote sensing performed by special municipality, county or city competent authority inspection personnel, which fail to meet the emission standards in Article 36 (2) or the remote sensing screening standards officially announced by the central competent authority, shall be repaired and undergo testing at a designated location by the deadline designated in the notification sent by the special municipality, county or city competent authority.
Citizens may report the air pollutant emissions of in-use motor vehicles to competent authorities at all levels. Those vehicles which have been reported and notified by competent authorities at any level shall undergo testing at a designated location by a designated deadline.
Article 47
Manufacturing, importing, or selling chemical products containing volatile organic compounds (VOCs) as designated and officially announced by the central competent authority must comply with the VOC component standards for those products. However, this requirement does not apply to fuels exclusively intended for export.
Standards for the VOC component of chemical products as mentioned in the preceding paragraph shall be established through consultation between the central competent authority and relevant agencies.
Article 48
Competent authorities at all levels may dispatch personnel carrying credentials to inspect or assess the emission status of air pollutants from public and private premises or mobile pollution sources, air pollutant collection facilities, control facilities, monitoring facilities, the components of fuel used in production, storage, and utilization, and the components of chemical products containing volatile organic compounds (VOCs) in manufacturing, importing, and selling, and they may require the provision of relevant information.
When requiring the information as stipulated in the preceding paragraph, if it involves military secrets, it shall be carried out in coordination with the military authorities.
No one shall evade, obstruct, or refuse the inspections, assessments, or orders stipulated in the preceding two paragraphs.
Public and private premises shall have facilities that facilitate the implementation of inspections and assessments as per Paragraph 1. The specifications of these facilities shall be established by the central competent authority.
Article 49
Analysis and testing organizations may perform analysis and testing work pursuant to the Act only after obtaining an approved permit from the central competent authority.
The central competent authority shall determine management regulations for the required conditions and facilities; the qualifications of analysis personnel; the application, review, revocation, cancellation, issuance (reissuance), suspension of business, resumption of business, checking and evaluation procedures for permits; and other binding matters for the analysis laboratories in the preceding paragraph.
The central competent authority shall determine all analysis methods in the Act.
Article 50
Each competent authority in charge of the industry shall provide guidance for the improvement of all types of pollution sources. Relevant results of the guidance shall be published every year on the websites designated by the central competent authority and reviewed periodically.