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Chapter Law Content

Chapter 3 Operating Permit
Article 18
A public or private premises, when applying for a stationary pollution source operating permit in accordance with the 2nd paragraph, Article 24 of this Act, shall fill out an application form, and submit the following documents to the reviewing agency:
I.Photocopies of relevant verification documents for the approval of incorporation, registration, or operation by the competent authority of the relevant industry.
II.A statement of the differences to result from the air pollution control plan.
III.The content of the trial operation plan report shall be as follows:
(I)Trial operation steps or procedures and the number of days required to achieve operating conditions for the application for maximum production capacity
(II)Estimations of air pollution production circumstances for each trial operation step or procedure, and measures for preventing pollution emissions from exceeding standards or the scope of restrictions
(III)An air pollutant emissions testing plan
IV.Supporting documents showing compliance with fuel composition standards.
V.For public or private premises that are required to implement an environmental impact assessment, content and review conclusions of documents showing approvals in accordance with the Environmental Impact Assessment Act.
VI.For stationary pollution source newly installed or modified in accordance with the 3rd paragraph, Article 8 of this Act, supporting documents showing pollutant emission increase offset.
VII.Other documents designated by the central competent authority.
Public or private premises, when applying for a stationary pollution source operating permit in accordance with Article 88 of this Act, shall fill out an application form and submit it to the reviewing agency together with the application documents under Subparagraphs I, IV to VII of the previous paragraph, the specifications of air pollution control facilities and an air pollutant emission testing plan.
Article 19
Specifications of air pollution control facilities as referred to in the 2nd paragraph of the previous Article shall include the following items:
I.Control targets.
II.A diagram of the environment within the two kilometers surrounding the pollution source plant.
III.A layout diagram of plant facilities.
IV.Flowcharts of production and manufacturing processes and production and manufacturing schedule.
V.Types, compositions and usage quantities of raw materials and components and fuel connected with air pollutant emissions, and types and output volumes of products.
VI.Conveyance, storage and piling methods for raw materials and components and fuel connected with air pollutant emissions.
VII.Types, compositions and concentrations of emitted air pollutants.
VIII.Estimated annual quantity of emissions of sulfur oxides, nitrogen oxides, particulate matters and volatile organic compounds subject to approval.
IX.Types, structure, performance, processes, usage conditions and design drawings of air pollution collection and emission pipe facilities, monitoring facilities and control facilities or meters.
X.Other items designated by the central competent authority.
Article 20
After public or private premises receive notice for trial operation or air pollutant emission testing from the reviewing agency in accordance with Article 33, they shall follow the procedures below:
I.Public or private premises that receive the trial operation notification shall complete trial operation in accordance with the trial operation plan and submit an air pollutant emissions testing report or supporting documents showing compliance with the applicable requirements of this Act to the reviewing agency within 15 days. Those for which testing results demonstrate compliance with emissions standards may continue to perform trial operation.
II.Those public or private premises that receive the air pollutant emissions testing notification shall complete testing in accordance with an approved air pollutant emissions testing plan and submit an air pollutant emissions testing report to the reviewing agency within 60 days.
The approved trial operation period under Subparagraph I of the previous paragraph shall not exceed 100 days. If the public or private premises are unable to complete trial operation in accordance with the trial operation plan before the approved trial operation deadline, an application for extension may be filed with the reviewing agency before the expiry of the approved trial operation deadline. There shall be no more than 2 applications for extension and the total period of trial operation period, including the originally approved trial operation period, shall not exceed 190 days, unless otherwise approved by the reviewing agency.
If an application for extension of trial operation period is filed 15 days before expiry and if the approval or denial of the extension cannot be granted before the expiry of the trial operation period due to the reviewing agency’s review, the public or private premises may continue trial operation in accordance with the trial operation plan during the period after the expiry of the trial operation period until the time when the extension is approved or denied. If the application for extension is not filed 15 days before the expiry of the trial operation period, the public or private premises shall stop trial operation if the reviewing agency does not grant an approval or denial on the extension upon expiry of the trial operation period.
If the public or private premises need to revise the trial operation plan during the trial operation period, the amended trial operation plan shall be submitted with the certification by an environmental engineering technician or other relevant professional technician. Following approval by the reviewing agency, trial operation shall be carried out in accordance with the approved contents. Before approval by the reviewing agency, trial operation shall continue based on the contents of the original trial operation plan.
Article 21
The following items shall be recorded for the operating permit:
I.The validity period and certificate number of the operating permit.
II.Basic Information:
(I)The name and address of the public of private premises.
(II)The name, identification document number and address of the statutory responsible person of the public or private premises.
III.Operating permission contents:
(I)The name of the stationary pollution source, flowcharts of manufacturing processes, types, compositions and usage quantities of main raw materials and fuel connected with air pollutant emissions or product output volume, design operating conditions and design operating schedules.
(II)The name, model, handling capacity, handling efficiency and operating conditions of air pollution control methods and facilities.
(III)Air pollutant emissions collection method, diameter of the outlet of the emissions pipe, the location of emissions outlet and monitoring facilities or meters.
(IV)Types of air pollutants emitted.
(V)Annual permitted emissions quantity determined for sulfur oxides, nitrogen oxides, particulate matter and volatile organic compounds.
(VI)Supporting data for the estimation of annual permitted emissions quantities for air pollutants.
(VII)Regulations for monitoring, regular testing, reporting and other binding matters for air pollutant emissions.
(VIII)Regulations for stationary pollution source and air pollution control facilities operating records.
(IX)Regulations for the inspection, service and repair records and other binding matters for stationary pollution source and air pollution control, monitoring or sampling facilities.
(X)The batch number officially announced for the stationary pollution source approval and installation regulations with which dedicated units and personnel are required to comply.
(XI)Other permission items designated by the central competent authority.
The record of Items (VII) to (IX), Subparagraph III of the previous paragraph shall be kept for six years for future reference.
Electronic records shall be established for the information kept for future reference. If the electronic records cannot be implemented, with the consent of the competent authority, paper records may be used instead.
Article 22
Those public or private premises that expect to complete the installation or construction of stationary pollution source equipment within 3 months may fill out an application form and submit it together with below documents to the reviewing agency in order to apply for an installation permit and operating permit at the same time:
I.Air pollution control plan and trial operation plan.
II.Documents provided under Article 14 or 15.
III.Supporting documents showing compliance with fuel composition standards.
IV.For public or private premises that are required to implement environmental impact assessment, the content of approval documents under the Environmental Impact Assessment Act and the review conclusions.
V.Other matters designated by the central competent authority.
Article 23
Public or private premises may only operate a stationary pollution source after obtaining a stationary pollution source operating permit and shall operate in accordance with the permit contents.
Public or private premises that filed case-by-case applications with the municipal or county (city) competent authorities in accordance with Article 90 of this Act and that receive approvals may be exempt from the restriction of operating permit approval under the previous paragraph. Such public or private premises shall make detailed records of their approved activities and shall keep the records for 6 years for future reference.
Any stationary pollution source in public or private premises that uses for trial raw materials or fuel other than those the approved raw materials or fuel specified in the operating permit shall first submit a trial operation plan in accordance with Subparagraph III, 1st paragraph of Article 18 to file a case-by-case application with the reviewing agency. Following approval by the reviewing agency, trial may be performed in accordance with the trial operation plan during the approved trial period without the restriction under the 1st paragraph. Approved trials conducted by the public or private premises shall be recorded in detail and shall be kept for 6 years for future reference. No application for other trial may be filed for the same stationary pollution source in public or private premises during the trial period.
If the trial under the previous paragraph uses renewed raw materials or fuel that are renewed items under public announcements by the central competent authority for the relevant industry or self-renewed items, a business waste cleanup plan issued by the municipal or county (city) competent authority or the authority mandated by the central competent authority shall also be submitted. If the materials or fuel are not renewed items under public announcements, a permit for renewed use issued by the central competent authority of the relevant industry or a soil and groundwater pollution control, remediation and corresponding measures plan shall also be submitted to file an application with the reviewing agency for trial.
When the reviewing agency approves the trial in the 3rd paragraph, if it involves a testing item in the air pollutant emission testing plan in the trial operation plan submitted by the public or private premises, the reviewing agency may approve based on the trial items applied for by the public or private premises, without applying the 1st and 2nd paragraphs of Article 49. The maximum trial period approved by the reviewing agency is 30 days, which may be extended once as required. The extension shall not exceed 30 days. The reviewing agency shall perform onsite inspection during the trial period.
When the public or private premises perform trial in accordance with the 3rd paragraph, no alteration or modification shall be made to the contents of the approved trial operation plan. In case of failure to perform the trial in accordance with the trail operation plan, the reviewing agency shall order the public or private premises to stop the trial. In case of breach of this Act, the competent authority shall impose sanctions in accordance with the applicable provisions of this Act depending on the breach. Public or private premises subject to sanction shall not be allowed to apply for trial for one year after the date of confirmation of the sanction.