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Chapter 6 Permit Review Principles
Article 31
When the reviewing agency processes applications under Articles 12, 18, 24, 27, 28 and 30, it shall complete review in accordance with the below procedures and the scope of the review shall not cover matters beyond the applied items or contents. The review result shall show a decision of approval or rejection.
I.Formality Review: Upon receipt of the application and written information online, the reviewing agency shall review the written completeness on the contents of the application documents, complete review within 7 days from the date of reception and give notice to the public or private premises to pay the review fee within 7 days.
II.Substance Review: The reviewing agency shall complete substance review, consultation and give notice about the review result within 35 days from the day after the fee is paid by the public or private premises.
If required, the review under the previous paragraph, the reviewing agency may extend the substance review period for 15 days. In the case of applications for Class 1 stationary pollution source installation and operating permit, the substance review period may be extended for 30 years. In the case of applications for stationary pollution source installation permit in accordance with Article 14 or 15, the substance review period may be extended for 45 days.
During substance review of below applications, the reviewing agency shall perform onsite inspection:
I.Extension of permit.
II.Subparagraph I, 1st paragraph of Article 27 where no new testing is required or alteration of operating permit under Subparagraph II.
III.Re-application of fuel usage permit in accordance with the 1st paragraph of Article 28.
In the case of applications for installation or operating permit under the 1st paragraph, the reviewing agency shall publish the application information on the website designated by the central competent authority for 7 days starting the day after the fee is paid by the public or private premises and start substance review at the end of the information publication period. This is not applicable to the re-application for permit alteration or extension of permit.
Article 32
When the reviewing agency processes applications for stationary pollution source installation and operating permit, the following application documents shall be certified by an environmental engineering technician or other relevant professional technician. Further review may be waived following certification.
I.Air pollution control plan under the 1st paragraph of Article 12.
II.Statement of the differences from the air pollution control plan under Subparagraph II, 2nd paragraph of Article 18 and the trial operation plan under Subparagraph III.
III.Specifications of air pollution control facilities and air pollution emission testing plan under the 2nd paragraph of Article 18
IV.Amended trial operation plan under the 4th paragraph of Article 20.
The above documents certified by the environmental engineering technician are exempt from further review by the issuing authority. In any of the following circumstances, the reviewing agency shall still perform review:
I.Material breach referred to under the 1st paragraph, Article 96 of this Act by the public or private premises during the validity period of the permit.
II.Application for reinstatement of work (operation) in accordance with the 1st paragraph, Article 97 of this Act.
III.The environmental engineering technician or other relevant professional technician who certified the documents was subject to a disposition by the technicians’ disciplinary commission by the competent authority or following report by the technicians’ association in the past 5 years, except if the technicians’ disciplinary commission confirms that no sanction is required.
IV.Revocation of the business license or technician’s certificate after certification.
V.Other circumstances under which the reviewing agency deems it necessary to perform review.
The reviewing agency may view photocopies of working drafts compiled in accordance with the Rules for Certification by Environmental Engineering Technicians.
Article 33
When the reviewing agency gives notice to the public or private premises about the review result in accordance with Subparagraph II, 1st paragraph of Article 31, in the case of applications for operating permit or fuel usage permit, the reviewing agency shall also give notice to carry out the following procedures:
I.In the case of application for operating permit in accordance with the 1st paragraph of Article 18, a notice to perform trial operation shall be given.
II.In the case of application for operating permit in accordance with the 2nd paragraph of Article 18, a notice to perform air pollutant emission testing shall be given.
III.In the case of application for operating permit in accordance with Subparagraph I, 1st paragraph of Article 27 and if the air pollutant emission testing should be conducted again, a notice to conduct such testing shall be given.
During the period when the public or private premises perform trial operation or air pollutant emission testing in accordance with the notice under the previous paragraph, the reviewing agency shall perform onsite inspection.
The reviewing agency shall complete review within 15 days from the receipt of the air pollutant emission testing report submitted by the public or private premises, with a 10-day extension if required.
Article 34
The reviewing agency shall complete review and preparation of certificate within 14 days after accepting applications for permits in accordance with Articles 31 to 33. A notice shall also be given to the public or private premises to pay the certificate fee and collect the permit.
When the reviewing agency gives notice to the public or private premises to collect the operating permit in accordance with the previous paragraph, it shall order the public or private premises to submit documents for incorporation, registration or operating approval by the competent authority of the relevant industry before the operating permit may be issued.
Article 35
In processing applications for permits, if the reviewing agency deems that supplemental information should be submitted, the review opinion shall be provided in one time. Other than new review opinions due to supplemental documents provided by the public or private premises, subsequent notice to seek supplemental submission before a deadline shall not include any review opinion that is not listed in the prior notice about supplemental submission before a deadline.
Article 36
When the reviewing agency processes applications, modifications, alterations or extensions for permits, if the public or private premises under review have any of the following events, an immediate notice shall be given to the public or private premises to make correction:
I.The information or documents under formality review is missing or incomplete.
II.Failure to pay the review fee.
III.Contents of the application documents for installation permit are incompliant with the requirements.
IV.Contents of the application documents for operating permit, result of onsite inspection or the air pollutant emission testing report is incompliant with the requirements.
V.The contents of application documents for fuel usage permit are incompliant with the requirements.
VI.The contents of application documents for extension of permit are incompliant with the requirements.
Article 37
For a combined application for installation and operating permits, the reviewing agency shall perform review in accordance with Articles 31 and 32. After the applications pass review, a notice shall be given to the public or private premises to collect the installation permit. After the public or private premises provide photocopies of supporting documents showing approval for their incorporation, registration or operation by the competent authority of the relevant industry, a notice shall be given to the public or private premises to perform trial operation, followed by review in accordance with Articles 20, 33 and 34 and notice to collect the operating permit.
Article 38
When the reviewing agency processes an application in accordance with the 2nd paragraph, Article 24, it shall follow the application, review and issuance procedures for the operating permit. The matters that should be recorded in the fuel usage permit shall be recorded in the stationary pollution source operating permit. The same matters do not need to be repeated.
Article 39
When the reviewing agency processes basic information that should be recorded in the reissuance, replacement permit or modification permit applied for by the public or private premises in accordance with Article 29, it shall make truthful specifications about the matters applied for by the public or private premises and the supporting documents that they submitted. No change to the other recorded matters shall be made other than the change, reissuance or replacement matters applied for to change basic information on the permit.
Article 40
If the reviewing agency discovers any typographic error, calculation error or other similar clear error that is inconsistent with the provisions of this Act in any issued permit, it shall make immediate correction and order the public or private premises to replace the certificate. It shall not change any matter to be recorded in the permit based on its own authority.
Article 41
When the public or private premises perform trial operation or testing in accordance with Article 20, the following principles shall apply to the operating permits approved by the reviewing agency and the operating conditions related to air pollutant emission:
I.If the main raw materials and fuel usage quantity reaches 80% or more of the application, the approved contents for the operating permit shall be based on the contents of the application.
II.If the main raw materials and fuel usage quantity cannot reach 80% of the application, the approved contents for the operating permit shall be 1.2 times the actual operating conditions during trial operation or testing.
Article 42
The reviewing agency shall duly perform review in accordance with the below provisions and approve the contents of the operating permits accordingly, without imposing any obligation that is not expressly stipulated by law through disposition of any form:
I.To designate applicable emission standard when the applicant is not a target to which an emission standard is applicable under the 2nd paragraph, Article 20 of this Act.
II.To designate the installation of automatic monitoring facility when the stationary pollution source is not required to install automatic monitoring facilities as designated by public announcement by the central competent authority, or to designate the connection of the monitoring facility to the municipal or county (city) competent authority when such connection is not required by public announcement.
III.To designate implementation of regular examination when the stationary pollution source is not required to perform regular examination testing either by itself or through a mandated examination testing institution as designated by public announcement by the central competent authority.
IV.To designate standards of fuel type mixing ratio or composition applicable to public or private premises that are not prescribed by the central competent authority.
V.Any other obligation that is not expressly stipulated by law by the central competent authority.
Article 43
Extensions for the review of permits by the reviewing agency shall be done in accordance with Article 30 of this Act. Other than modifications made in accordance with the 4th paragraph, Article 30 of this Act, no modification shall be made to the contents of operating permit under Subparagraph III, 1st paragraph of Article 21 or the contents of fuel usage permit under Subparagraph III, 1st paragraph of Article 25.
The modification under the previous paragraph includes the reviewing agency’s disposition in any form requiring public or private premises to increase or decrease the types, compositions and usage quantities of main raw materials and fuels stated in the operating permit, product output volume and operating conditions, operating schedule, the type, handling capacity, handling efficiency and operating conditions of air pollutant control facilities, approved annual permitted emission quantity of main pollutants, monitoring, the frequency and items of monitoring, regular testing and reporting, as well as any increase or decrease in the types, compositions and usage quantities of main raw materials and fuels recorded in the fuel usage permit, product output volume and operating conditions, operating schedule, the handling capacity, handling conditions and operating conditions of the air pollution control facilities.
Article 44
When the reviewing agency processes below applications, the approval shall be granted based on the original approval period:
I.Application for operating permit in accordance with Article 27 or application for fuel usage permit in accordance with Article 28.
II.Replacement or reissuance of operating permit in accordance with Article 29.
If the time of application under the previous paragraph is within 3 to 6 months prior to the expiry of the original approval period, the public or private premises may file an application for extension of permit at the same time. The review period and the period to make supplemental submissions shall be calculated on separate basis.
Article 45
If the public or private premises fail to make supplemental submission before the deadline in accordance with the notice of the reviewing agency under Article 36 or if the final deadline for supplemental submission has been exceeded, the application shall be rejected. If the documents required under Subparagraph III to VI, Article 36 remain incompliant with the requirements after supplemental submission by the public or private premises before the deadline, the reviewing agency may give further notice to seek supplemental submission before a deadline. There shall be no more than 3 supplemental submissions in total. If the submissions remain incompliant with the requirements after three submissions, the application shall be rejected.
The period granted by the reviewing agency for supplemental submission in accordance with Article 36 is excluded from the permit review period. The total period granted for supplemental submissions is as follows:
I.Total period for supplemental submission in accordance with Subparagraph I or II, Article 36 shall not exceed 14 days.
II.Total period for supplemental submission in accordance with Subparagraphs III to V, Article 36 shall not exceed 90 days.
III.Total period for supplemental submission in accordance with Subparagraph VI, Article 36 shall not exceed 30 days.
When the reviewing agency processes applications for replacement or reissuance of permits by public or private premises in accordance with the 1st paragraph or Article 29, if the application documents are incompliant with the requirements or if there are missing contents, the application shall be rejected.
Article 46
In case of any of the below circumstances during review, the reviewing agency shall reject the application:
I.In an application for installation permit by public or private premises, the stationary pollution source is installed in a location or land where production facilities may not be established.
II.In an application for installation permit by public or private premises, the stationary pollution source is determined to be in breach of the law by the competent authority of the relevant industry and cannot be installed.
III.In an application for modification, alteration or extension by public or private premises, any air pollutant annual permitted emission quantity approved in the stationary pollution source is below the pollutant emission quantity level defined under Article 6 of this Act and the estimation of any air pollutant annual emission quantity in the operating permit applied for exceeds the pollutant emission quantity level defined under Article 6 of this Act.
IV.In an application for modification, alteration or extension by public or private premises, the stationary pollution source meets the requirement under the 4th paragraph, Article 27 and the total accumulated altered emission quantity applied for after acquiring the operating permit reaches the standard under Subparagraph II or II, 1st paragraph, Article 4 and no application for installation permit has been filed.
Article 47
If there is any of the below circumstances during the performance of a trial operation plan or air pollutant emission testing plan by public or private premises, the reviewing agency shall order the public or private premises to stop the trial operation or testing:
I.The trial operation or testing in accordance with the trial operation plan or air pollutant emission testing plan will breach this Act.
II.Failure to perform trial operation or testing in accordance with the trial operation plan or air pollutant emission testing plan.
In the event of Subparagraph I of the previous paragraph, the trial operation may continue after corrections are made by the public or private premises. In the event of Subparagraph II of the previous paragraph in breach of this Act, the municipal or county (city) competent authority shall impose sanctions in accordance with applicable provisions of this Act depending on the breach. When an order is issued to stop the trial operation or testing, the reviewing agency shall reject the application for operating permit.
Article 48
When the reviewing agency processes two or more stationary pollution sources in public or private premises with the same emission pipe to emit air pollutant, if an application is filed to seek permit issuance for any stationary pollution source in accordance with Article 24 or 88 of this Act, the reviewing agency may require that a joint application be filed for the applicant’s stationary pollution source that is related to air pollution emission as determined by the reviewing agency.
Article 49
When the reviewing agency reviews a air pollutant emission testing plan submitted by public or private premises in accordance with Article 18, the testing shall be limited to the following items:
I.Estimated sulfur oxides, nitrogen oxides, particulate matters and volatile organic compounds subject to approval.
II.Air pollutant governed by air pollutant emission standards prescribed for specific industries or facilities by the competent authority in accordance with the 2nd paragraph, Article 20 of this Act.
For air pollutant items other than the previous paragraph, the reviewing agency may estimate and determine the applicable emission standards based on the plant factor recognized by the central competent authority, publicly announced factors or alternative calculation methods.
If the air pollutant emission testing plan under the 1st paragraph has any of the below circumstances, the testing may be exempt following approval by the reviewing agency:
I.Sampling cannot be implemented because the stationary pollution source cannot install inspection or appraisal facility in accordance with the 4th paragraph, Article 38 of this Act.
II.The raw materials and fuels used by the public or private premises do not include air pollutant composition or there are supporting documents showing that there is no emission of specific air pollutants.
Article 50
If the approval permit granted by the reviewing agency includes any operating condition about the stationary pollution source and control facilities, the operating conditions, recorded items and frequency shall be determined that allow monitoring of the actual operation status in accordance with the design or actual operation status, with the designation of monitoring meters to be installed by the stationary pollution source in public or private premises that allow inspection on compliance with the operating conditions.
Article 51
If the application for stationary pollution source permit in public or private premises processed by the reviewing agency is subject to the implementation of environmental impact assessment, the contents of the permit shall be included in the contents and review conclusions of the approval documents under the Environmental Impact Assessment Act.
The contents to be included in the permit under the previous paragraph shall not be subject to the limitations under Article 42.
Article 52
The reviewing agency may revoke or cancel the permit of stationary pollution source of public or private premises when any of the following situations applies:
I.The application document contains false information.
II.Newly-established public or private premises that have suspended installation of stationary pollution source equipment or have not continued installation of a plant (facility) after obtaining the approval of the competent authority of the relevant industry.
III.The public or private premises have stopped work or suspended business for at least one year. However, public or private premises that cannot resume work or resume business due to some legitimate cause and that have requested and received the approval of the competent authority of the relevant industry shall not be subject to this restriction.
IV.Following the relocation of the chief production facility of the public or private premises, the public or private premises cease production, manufacturing or processing after obtaining the approval of the competent authority of the relevant industry.
V.The public or private premises have altered production processes, fuel or air pollution control facilities, causing it to cease having stationary pollution source announced as requiring an installation, modification or operating permit application or using fuel that is not designated in the public announcement.
VI.Public or private premises have obtained permits but do not have a stationary pollution source announced as requiring an installation, modification or operating permit or use of fuel that is not designated in the public announcement.
VII.Public or private premises have terminated business, submitted factory registration for cancellation or have had factory registration announced cancelled by the competent authority of the relevant industry.
VIII.Public or private premises that have violated the relevant regulations of these Regulations and for which one of the circumstances in Subparagraphs II to VIII, 1st paragraph, Article 96 of this Act applies.