17 September 2021
On June 29, 2021, The Environmental Protection Administration of Executive Yuan announced its plan to amend the draft on “Emergency Prevention Measures for Serious Air Quality Deterioration,” renaming it to “Warning Issuance on Serious Air Quality Deterioration and Emergency Preventative Measures.” (Hereinafter referred to as “Draft”)
The content of this amendment includes assessments on matters like early warning mechanisms for air quality deterioration, the timing of contingency measures, strengthening the emergency response measures, and prohibited behaviors during air quality deterioration. In addition, one major amendment replaces the control essentials for various warning zones under the old regulations with emergency measures that “should” (Annex 2 of Draft) and “may” (Annex 3 of Draft) be adopted during various levels of air quality warnings. This change distinguishes measures that must be taken by county or city government from measures that may be incorporated in accordance with an area’s regional characteristics.
For private industrial and commercial companies, the main points of concern in this Draft are as follows:
1. Contingency and preventative measures to be adopted— mandatory emission and load reduction for coal-fired units, petrochemical industry, steel industry, and private incinerators:
In accordance with the second paragraph of Annex 2, coal-fired generating units, coal-fired gas-electricity co-generation units, petrochemicals industry, steel smelting industry, and private incineration plants are stationary pollution sources designated for compliance. When air pollution level reaches “intermediate early warning” or higher, the competent authorities shall enforce a mandatory load and emission reduction by 10%. For levels reaching mild, moderate, and severe deterioration warning, such mandate shall be increased to 20%, 30%, and 40% , respectively.
|
Early warnings and severe deterioration warning levels |
Coal-fired powering units |
Coal-fired gas-electricity co-generation units |
Petrochemicals industry |
Steel melting industry |
Private incineration plants |
|
Primary early warning |
– |
– |
– |
– |
– |
|
Intermediate early warning |
10％ |
10％ |
10％ |
10％ |
10％ |
|
Mild severe deterioration |
20％ |
20％ |
15％ |
15％ |
15％ |
|
Moderate severe deterioration |
30％ |
30％ |
20％ |
20％ |
20％ |
|
Severe deterioration |
40％ |
40％ |
25％ |
25％ |
25％ |
In accordance with the fourth point of Annex 2, in consideration of practical concerns, if the specified measures cannot be adopted, an alternative reduction proposal may be submitted to the municipal’s competent authority for approval.
2. Contingency and preventative measures that may be adopted—emission and load reduction for oil and gas power plants, steam generating devices, and eleven other industries:
According to Annex 3, competent authorities may request a 5% reduction in load and emission for oil and gas power plants, given that the air quality level reaches “intermediate early warning” and is predicted to worsen. If air quality level reaches “mild severe deterioration” or above, local authorities, in accordance with each industries’ emission characteristics, may require steam generating devices in public and private places and other eleven industries an emission reduction up to 10%, 20%, and 40%, adding them to the air pollution prevention plan.
|
Early warnings and severe deterioration warning levels |
Oil and gas power plants |
Steam generating devices |
Basic metal industry, petroleum and coal product manufacturing, chemical material manufacturing, pesticide manufacturing, chemical product manufacturing, rubber product manufacturing, non-metallic mineral product manufacturing, pulp and paper manufacturing, flour milling, rice milling, and large-scale Continuous operating incinerator. |
|
Primary early warning |
– |
– |
– |
|
Intermediate early warning |
5％ |
– |
– |
|
Mild severe deterioration |
10％ |
10％ |
10％ |
|
Moderate severe deterioration |
20％ |
20％ |
20％ |
|
Severe deterioration |
40％ |
40％ |
40％ |
Per the penal provisions in Article 65 of the Air Pollution Prevention and Control Act of the parent law, private industrial and commercial factories who violate the emergency prevention measures authorized by Article 14 of the Air Pollution Prevention and Control Act shall be fined up to NT$20 million; those with severe violations may be issued orders for the suspension of work or suspension of business.
For further information, please contact:
Luke Hung, Lee Tsai & Partners
lawtec@leetsai.com
