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Chapter Law Content

Chapter 1 General
Article 1
These Regulations are determined in accordance with the 4th paragraph, Article 24 and second paragraph, Article 28 of the Air Pollution Control Act (hereinafter referred to as “this Act”).
Article 2
Stationary pollution sources in public and private premises that are designated and officially announced in accordance with the 1st paragraph, Article 24 of this Act shall apply for an installation or operating permit.
The central competent authority may classify a stationary pollution source in the previous paragraph determined in accordance with 1st paragraph, Article 4 of this Act as Class 1 stationary pollution source, Class 2 stationary pollution source or Class 3 stationary pollution source based on the type and scope of manufacturing processes and equipment of the stationary pollution source and may designate and officially announce these classifications.
Article 3
Bituminous coal used by stationary pollution sources in public and private premises or other fuel publicly announced by the central competent authority in accordance with 1st paragraph, Article 28 of this Act (hereinafter the “Fuel”) shall be subject to the application of a fuel use permit, except if the use is limited to petroleum products refined and sold by petroleum refining enterprise that meet the state standards or if the total volume of fuel designed and actually used per year is less than 500 kilograms or 500 liters.
Article 4
A “modification” as referred to in the 1st and 2nd paragraphs, Article 24 of this Act means a replacement or expansion of stationary pollution source equipment, or an alteration of processes, raw materials and components, fuel, or products for which one of the following circumstances applies:
I.Causes an increase in the types of air pollutant emissions.
II.The estimated annual increase in the quantity of emissions of a single air pollutant over the annual permitted emissions quantity recorded on the permit is estimated to reach 20% or more and at least five tons.
III.The increase of the annual emissions quantity of an air pollutant over the annual permitted emissions quantity recorded on the permit is estimated to reach one of the following levels:
A.Five tons or more for nitrogen oxides.
B.Ten tons or more for sulfur oxides.
C.Five tons or more for volatile organic compounds.
D.Ten tons or more for particulate matter.
E.One-hundred tons or more for carbon monoxide.
F.Other levels designated by the central competent authority.
When the air pollutant in public or private premises reaches the “modification” levels under the 1st paragraph due to the addition of air pollution control facilities, the application procedure for alteration of operating permit may be followed.
Article 5
“Installed” as referred to in Article 88 of this Act means those circumstances in which construction of a stationary pollution source has been completed, in which construction is still ongoing, in which the construction bidding process has already been completed or in which a construction has concluded a works contract without going bidding procedure.
Article 6
The sequence for the supporting data for the estimation of annual permitted emissions quantities for air pollutants referred to in these Regulations shall be as follows:
I.Monitoring data for one year or more from the continuous automatic monitoring facilities of the stationary pollution source of public or private premises.
II.Testing report data from trial operation implemented by public or private premises in accordance with 1st paragraph of Article 20, or testing report data of testing performed or commissioned three or more times by the competent authority or public or private premises.
III.Air pollutant plant factors recognized by the central competent authority.
IV.Air pollution emission factors, control efficiency rate and quality/quantity balance measurement method designated by the central competent authority.
V.Other emission factors and alternative calculation methods authorized by the central competent authority.
The emission of air pollutant by stationary pollution source in public or private premises shall be estimated in accordance with the provisions of Subparagraphs III to V of the previous paragraph. However, if the stationary pollution source uses sealed air collection system to emit air pollutant into emission pipe, the emission may be estimated in accordance with Subparagraph I or II of the previous paragraph.
The annual permitted emission quantities for air pollutants of the stationary pollution source of public or private premises may be used as supporting data for the modification of installation and operating permits; the ratio of the increase quantity shall be calculated based on identical estimation supporting data.
Article 7
The raw materials, fuel quantity and product capacity related to air pollutants recorded in the permit are estimated and determined in the following manner:
I.Consumption (production) quantity at unit period shall be estimated and determined based on the maximum designed quantity of the stationary pollution source.
II.Annual consumption (production) quantity may be estimated and determined based on the maximum operating quantity in the application for stationary pollution source in public and private premises, provided that the maximum operating quantity applied for shall not exceed the maximum designed quantity of the stationary pollution source.
The annual consumption (production) quantity under Subparagraph II of the previous paragraph may be determined based on the air pollution control plan published after approval by the central competent authority in accordance with 2nd paragraph, Article 7 of this Act.
Article 8
The method for checking air pollutant control facility handling efficiency and operating conditions stated on the permit shall be as follows:
I.Design operating conditions.
II.When there are no design operating conditions under the previous subparagraph, the air pollution control facility operating conditions from trial operation or testing or actual operating experience shall serve as a basis.
Article 9
There may be an allowance difference of 10% for each permitted condition and numerical value recorded on a permit, provided that it does not exceed the maximum processing capacity of the air pollution control facility of the stationary pollution source and the that the emission standards and applicable control provisions of this Act are complied with.
Article 10
Stationary pollution sources in public or private premises, when applying for a stationary pollution source installation, operating or fuel use permit, shall do so in the manner of electronic network transmission publicly announced by the central competent authority.
Article 11
The “reviewing agency” in these Regulations refers to the municipal, county (city) competent authority or the authority mandated by the central competent authority when public or private premises apply for a stationary pollution source installation or operating permit in accordance with 1st or 2nd paragraph, Article 24 of this Act, and the municipal or county (city) competent authority when public or private premises apply for fuel use permit in accordance with 1st paragraph, Article 28 of this Act.
The municipal or county (city) competent authority may mandate other authorities to review applications for and issue fuel use permits.
The authorities mandated under the previous paragraph constitute the “reviewing agencies” under the 1st paragraph.