1 
 Revised Draft of the Air Pollution Control Act  
Chapter 1    General Principles 
Article 1   This Act is formulated to control air pollution, ma intain public health and 
the living environment and improve the quality of l ife. The regulations of other laws 
shall apply to those matters not regulated by this Act.  
Article 2  Terms used in this Act are defined as fo llows:  
1. Air pollutant means an airborne substance suffic ient to jeopardize directly or 
indirectly public health or the living environment.   
2. Pollution source means a physical or chemical op erating unit that emits air 
pollutants. 
3. Motor vehicle means a vehicle that travels on a roadway under its own power and 
that is not dependent on rail or electric power sys tems, and includes cars and 
motorcycles using gasoline, diesel, and alternative  clean fuels as engine fuel.  
4. Living environment means property, animals and p lants, and their reproductive 
environments, that have a close relationship with t he lives of humans.  
5. Emissions standards means the maximum concentrat ion or total quantity allowed 
for the presence of each type of air pollutant in w aste gas emissions, or emissions 
quantity per unit of raw materials and components, fuel or products.  
6. Air quality standards means concentration limits  for air pollutants in outdoor air.  
7. Air pollution control regions (herein referred t o as control regions) means each class 
of control region delineated based on the demands p laced upon air quality by 
land use within a region or in accordance with curr ent air quality conditions.  
8. Nature protection and conservation areas means e cological conservation areas, 
nature reserves, wildlife preserves and national fo rest preserves.  
9. Total quantity controls mean limiting measures t hat are formulated for total 
allowable emissions quantities of air pollutants wi thin a certain area in order to 
effectively improve air quality. 
10. Total quantity control zones means areas deline ated in accordance with total 
quantity control requirements and based on topograp hical and meteorological 
conditions.  
11. Best available control technology means commerc ialized technology that provides 
the greatest feasible reduction in pollutant emissi ons quantities and that 
pollution sources shall be required to adopt, after  taking into consideration 
energy, environmental, and economic impacts.  
12. Idle: When the engine of a motor vehicle is ope rating continuously while the 
vehicle is stationary.  
13. Air quality protection areas mean specific area s in which mobile pollution sources 
may be restricted or prohibited in order to protect  air quality.  
14. Chemical products containing volatile organic s ubstances mean any substances, 
products, or goods emitting volatile organic substa nces when used.  
Article 3  "Competent authority" as referred to in this Act me ans the Environmental 
Protection Administration, Executive Yuan, at the c entral government level, the 
municipal government in special municipalities and the county or city government in 
counties or cities.  
Article 4   Competent authorities at all levels may designate o r commission dedicated 
organizations to perform tasks related to air pollu tion research, training and control.  
Chapter 2    Air Quality Maintenance 
Article 5  The central competent authority shall delineate and  officially announce each 2 
 class of Special municipality, county, and city con trol region based on the demands 
placed upon air quality by land use or air quality conditions.  
The control regions in the foregoing paragraph shal l be divided into the 
following three classes:  
1. Class 1 control regions mean such areas as natio nal parks and nature protection and 
conservation areas that are delineated in accordanc e with the law.  
2. Class 2 control regions mean areas that meet air  quality standards, with the 
exception of Class 1 control regions.  
3. Class 3 control regions mean areas that do not m eet air quality standards, with the 
exception of Class 1 control regions.  
  The central competent authority in consultation wit h relevant agencies shall 
determine the air quality standards in the foregoin g paragraph, and shall perform a 
review once every five years.  
Article 6  Stationary pollution sources may not be newly added or modified within 
  Class 1 control regions, with the exception of fa cilities needed to maintain the 
livelihoods of residents within the region, facilit ies necessary for the operation and 
management of national parks, and national defense facilities.  
Those newly added or modified stationary pollution sources within Class 2 
control regions in which pollutant emissions quanti ties reach a certain range shall be 
required to perform modelling and simulation for th eir pollutant emissions quantities 
in order to verify that these quantities will not e xceed allowable pollutant increase 
limits within the control region in which the pollu tion source is located or within 
adjacent control regions in which air quality might  also be affected.  
Existing stationary pollution sources within Class 3 control regions shall reduce 
pollutant emissions quantities. Those newly added o r modified stationary pollution 
sources within Class 3 control regions in which pol lutant emissions quantities reach a 
certain range shall employ best available control t echnology and shall also be required 
to perform modelling and simulation for their pollu tant emissions quantities in order 
to verify that these quantities will not exceed all owable pollutant increase limits 
within the control region in which the pollution so urce is located or within adjacent 
control regions in which air quality might also be affected.  
The central competent authority shall determine the  pollutant emissions quantity 
ranges, allowable pollutant increase limits, and ai r quality modeling and simulation 
standards for Class 2 and Class 3 control regions. The central competent authority 
shall likewise determine the best available control  technology and pollutant emissions 
quantity reduction criteria for existing stationary  pollution sources within Class 3 
control regions.  
Article 7   Special municipality, county, and city competent au thorities shall 
determine and officially announce air pollution con trol plans pursuant to the 
foregoing article, and shall review and revise said  plans and submit said plans to the 
central competent authority for approval every five  years.  
    Special municipality, county, and city competen t authorities shall take the 
transmissibility of air pollutants into considerati on when determining the air pollution 
control plans in the foregoing paragraph, and shall  determine such plans in 
consultation with the competent authorities of neig hboring special municipalities, 
counties, and cities.  
Article 8   The central competent authority may, based on topog raphic and 
meteorological conditions, designate single or mult iple special municipalities, 
counties or cities between which it is possible for  air pollutants to circulate as total 3 
 quantity control zones, determine total quantity co ntrol plans, and officially announce 
and implement total quantity controls.  
Within a total quantity control zone that meets air  quality standards, those newly 
installed or modified stationary pollution sources for which pollutant emissions 
quantities reach a certain range shall be required to perform modelling and simulation 
for their pollutant emissions quantities in order t o verify that these quantities will not 
exceed allowable pollutant increase limits within t he zone.  
Within a total quantity control zone that does not meet air quality standards, 
those existing stationary pollution sources shall a pply to the special municipality, 
county, or city competent authority for authorizati on of its pollutant emissions 
quantity and shall make reductions in accordance wi th the targets and deadlines the 
central competent authority has designated based on  air quality requirements, and 
those newly installed or modified stationary pollut ion sources for which pollutant 
emissions quantities reach a certain range shall em ploy best available control 
technology and obtain emissions quantities sufficie nt to offset pollutant emissions 
increases.  
Those existing stationary pollution sources that, a s a result of the adoption of 
control measures, achieve actual emissions reductio n quantities greater than 
designated reduction quantities may bank, offset or  trade the difference after 
authorization by the special municipality, county, or city competent authority.  
The central competent authority in consultation wit h relevant agencies shall 
determine the allowable pollutant increase limits i n Paragraph 2, the range of the 
pollutant emissions quantities in Paragraphs 2 and 3, the criteria for the authorization 
of the pollutant emissions quantities of existing s tationary pollution sources in 
Paragraph 3, and the regulations for the authorizat ion, banking, offsetting, and trading 
of the emissions reduction quantity difference in t he foregoing paragraph.  
Article 9   For the purpose of offsetting pollutant emissions i ncreases, the newly 
installed or modified stationary pollution sources in Paragraph 3 of the foregoing 
article shall obtain emissions quantities from the following sources:  
 1. Actual emissions reduction quantity differences that have been banked by stationary 
pollution sources in accordance with regulations.  
2. Emissions quantities obtained through trading or  auction.  
3. Emissions quantities that have been obtained thr ough improvements to mobile 
pollution sources resulting in emission reductions, .  
4. Other emissions quantities that have been author ized by the central competent 
authority.  
The auctions in foregoing paragraph shall be conduc ted by the competent 
authority, and the central competent authority shal l determine regulations governing 
such auctions.  
Article 10   The total quantity control plans of total quantity control zones that meet 
air quality standards shall include allowable pollu tant increase limits, measures for 
avoiding the deterioration of air quality, rules fo r the approval of newly added or 
modified stationary pollution sources, organization al and operational methods, and 
other matters.  
The total quantity control plans of total quantity control zones that do not meet 
air quality standards shall include pollutant types , quantity reduction targets, quantity 
reduction timetables, pollutant reduction quantitie s and timetables that the competent 
authorities of each Special municipality, county, a nd city within the control zone shall 
be required to implement, rules for the approval of  newly added or modified stationary 
pollution sources, organizational and operational m ethods, and other matters.  4 
 Article 11   The competent authorities of special municipalitie s, counties and cities 
within total quantity control zones shall determine  and revise air pollution control 
plans in accordance with the total quantity control  plans in the foregoing article.  
In the case of air pollution control plans in the f oregoing paragraph that are 
determined for total quantity control zones that do  not meet air quality standards, the 
Special municipality, county, and city competent au thorities shall designate the 
stationary pollution sources that shall be required  to reduce emissions quantities, 
reduction quantities, and timetables in accordance with the regulations for pollutant 
reduction quantities and timetables in the foregoin g article.  
Article 12 The central competent authority in consu ltation with the Ministry of 
Economic Affairs shall officially announce and impl ement regulations related to total 
quantity control in Article 8 through the foregoing  article on a stage-by-stage and 
zone-by-zone basis after the establishment of a che cking system for pollution source 
emissions quantities and an emissions trading syste m.  
Article 13   The central competent authority should establish ai r quality monitoring 
stations and regularly publicly report the state of  air quality, and the original 
monitoring data, in cities, towns, townships, and d istricts where petrochemical 
industrial areas are located and at appropriate poi nts selected by competent authorities 
at all levels.  
Article 14   Competent authorities at all levels and public and private premises shall 
promptly adopt emergency control measures when vari ations in meteorological 
conditions or other reasons cause there to be conce rn of a serious deterioration in air 
quality. competent authorities at all levels may is sue air quality deterioration alerts and 
may prohibit or restrict the use of transportation vehicles, the emission of air 
pollutants by public and private premises, and acti vities at government agencies and 
schools.  
The central competent authority in consultation wit h relevant agencies shall 
determine the emergency control regulations for the  serious deterioration of air quality 
in the foregoing paragraph.  
Article 15   When developing special industrial par ks, buffer zones and air quality 
monitoring facilities shall be planned and installe d at peripheral locations within the 
boundaries of the parks or in appropriate areas.  
 The central competent authority shall determine th e categories, buffer zones and 
air quality monitoring status reporting, and air qu ality monitoring facility standards for 
the special industrial parks in the foregoing parag raph.  
The central competent authority shall regularly ann ounce the reported status in 
the foregoing paragraph and the original monitoring  data.  
Article 16  Competent authorities at all levels may  collect air pollution control fees 
from stationary and mobile pollution sources that e mit air pollutants. The targets of 
such air pollution control fees are as follows:  
1.  Stationary pollution sources: fees shall be col lected from the owners of the 
pollution source based on the types and quantities of air pollutants emitted; fees 
shall be collected from the actual user or manager if the owner of the source is 
not the user or manager; fees shall be collected fr om the construction project 
owner if the pollution source is a construction pro ject; for substances designated 
and officially announced by the central competent a uthority, fees may be 
collected from the vendor or importer based on the sales volume of the 
substance.  
2. Mobile pollution sources: fees shall be collecte d from the vendor or user based on 
the types and quantity of air pollutants emitted, o r from the vendor or importer 5 
 based on the type, composition and quantity of fuel .  
For air pollution control fees, the central compete nt authority in consultation with 
relevant agencies shall determine fee collection me thods, calculation methods, 
reporting, payment procedures, payment deadlines, m ethods for the pursuit of 
insufficient payments, calculation methods for poll utant emissions quantities, and 
other binding fee collection regulation matters.  
Article 17   The air pollution control fees in the foregoing art icle shall be collected by 
the central competent authority, with the exception  of air pollution control fees for 
construction projects, which shall be collected by special municipality, county or city 
competent authorities. Sixty percent of the funds c ollected by the central competent 
authority from stationary pollution sources shall b e allocated to the governments of 
the special municipalities, counties or cities in w hich said stationary pollution sources 
are located and shall be used for air pollution con trol work; however, if the central 
competent authority determines that the results of the air quality protection or 
improvement plans implemented by a special municipa lity, county or city government 
are inadequate or if the funds are not used pursuan t to Article 18, the central 
competent authority may consider reducing the amoun t of funds to be allocated.  
 The central competent authority in consultation wi th relevant agencies shall 
determine the fee rates for the fees in the foregoi ng paragraph based on current air 
quality conditions, pollution sources, pollutants, fuel types, and pollution control 
costs. After the implementation of the fee rate in the foregoing paragraph for one full 
year, the Special municipality, county, and city co mpetent authorities in total quantity 
control zones may, taking into consideration enviro nmental and air quality conditions 
in the control zone at issue, regularly submit a re commended fee rate within a range of 
plus or minus 30% of the fee rate in the foregoing paragraph. This recommended fee 
rate shall be submitted to the central competent au thority for review, approval and 
official announcement.  
Article 18   Air pollution control fees shall be provided exclus ively for air pollution 
control purposes. The matters for which these fees may be disbursed are as follows:  
 1. Matters concerning the implementation of air pol lution control work by competent 
authorities.  
2. Matters concerning the inspection of air polluti on sources and the auditing of the 
implementation and effectiveness of such inspection s.  
3. Matters concerning subsidies and incentives for the performance of air pollution 
abatement work by each category of pollution source .  
4. Matters concerning the commissioning and subsidi zing of analysis laboratories for 
the performance of motor vehicle emissions testing.   
5. Matters concerning the commissioning or subsidiz ing of professional organizations 
for the performance of the testing, guidance and ev aluation of stationary 
pollution sources.  
6. Matters concerning air pollution control technol ogy research and development and 
strategy formulation.  
7. Matters concerning international environmental p rotection work involving air 
pollution.  
8. Matters concerning air quality monitoring and th e auditing of the implementation 
and effectiveness of such monitoring.  
9. Matters concerning the expenses related to the c ollection of air pollution control 
fees.  
10. The hiring of personnel required for work relat ed to air pollution control.  
11. Matters concerning air pollution health risk as sessments and management.  6 
 12. Matters concerning incentives for promoting the  use of clean energy and related 
research and development.  
13. Other matters concerning air pollution control work.  
For the air pollution control fees in the foregoing  paragraph, competent 
authorities may establish funds for the management and utilization of these fees and 
fund management committees for the supervision and use of these funds. Scholars, 
experts and environmental group representatives sha ll account for at least two-thirds 
of the members of these committees, and environment al group representatives may 
not account for less than one-ninth of the members of these committees.  
The Executive Yuan and Special municipality, county , and city competent 
authorities shall respectively determine regulation s for the revenues and expenditures, 
safekeeping and utilization of the funds in the for egoing paragraph.  
Competent authorities at all levels shall, for all incentives and subsidies related 
to the air pollution control fees in Paragraph 1, d etermine regulations for targets, 
application qualifications, review procedures, the revocation, cancellation, and 
pursuit of compensation for incentives and subsidie s, and other binding matters.  
Article 19   Those public and private premises with stationary p ollution sources that 
are able to effectively reduce pollutant emission q uantities to a certain level due to the 
implementation of pollution control and quantity re duction measures may apply to the 
competent authority for incentives; those that have  already paid air pollution control 
fees pursuant to Article 16, Paragraph 1 may apply to the competent authority for air 
pollution control fee reductions or exemptions.  
The central competent authority in consultation wit h relevant agencies shall, for 
the air pollution control fee exemptions and incent ives in the foregoing paragraph, 
determine management regulations for targets, appli cation qualifications, review 
procedures, revocation, cancellation, pursuit of co mpensation, and other binding 
matters.  
Chapter 3     Control 
Article 20 Public and private premises with station ary pollution sources that emit air 
pollutants shall comply with emissions standards.  
The central competent authority in consultation wit h relevant agencies shall 
determine the emissions standards in the foregoing paragraph based on specially 
designated industry category, facilities, pollutant  items or areas. Special municipality, 
county, and city competent authorities may draft mo re stringent individual emissions 
standards due to special needs and submit these sta ndards to the central competent 
authority for approval in consultation with relevan t agencies.  
The emissions standards in the Paragraph 1 shall in clude hazardous air 
pollutants, and the emissions standard values for s uch substances should be 
determined on the basis of the results of health ri sk assessment and the feasibility of 
control technology.  
The central competent authority shall officially an nounce the types of pollutants 
and health risk assessment operating methods for th e hazardous air pollutants in the 
foregoing paragraph.  
Article 21 Those public and private premises posses sing stationary pollution sources 
designated and officially announced by the central competent authority shall report the 
air pollutant emissions quantities of their station ary pollution sources for the previous 
quarter to the special municipality, county, or cit y competent authority on a quarterly 
basis before the end of each January, April, July, and October.  
The central competent authority shall determine reg ulations for the calculation, 
reporting content, procedures and methods, checking , and other binding matters for 7 
 the quarterly air pollutant emissions quantities of  stationary pollution sources in the 
foregoing paragraph.  
Article 22 Those public and private premises posses sing stationary pollution sources 
designated and officially announced by the central competent authority shall complete 
the installation of automatic monitoring facilities  by the designated deadline in order 
to continuously monitor their operational or air po llutant emission status, and shall 
apply to the special municipality, county, or city competent authority 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 special municipa lity, county, or city competent 
authority by the designated deadline.  
With the exception of the pollution sources in the foregoing paragraph, the 
competent authority may, when it deems necessary, d esignate and officially announce 
whether a pollution source shall perform regular an alysis on its own or shall 
commission an analysis laboratory to conduct such a nalysis.  
Records of the results of the monitoring and analys is in the two foregoing 
paragraphs shall be maintained and shall be reporte d to the special municipality, 
county, or city competent authority ,in accordance with regulations; the central 
competent authority shall determine management regu lations for recordkeeping, 
reporting, preservation, Internet connection standa rds, installation completion, 
Internet connection deadline and other binding matt ers for the results of monitoring 
and analysis.  
Article 23   Public and private premises shall effectively colle ct each type of air 
pollutant and maintain the normal operation of thei r air pollution control facilities and 
monitoring facilities; the maximum operating quanti ty of their stationary pollution 
sources may not exceed the maximum treatment capaci ty of their air pollution control 
facilities.  
The central competent authority shall determine man agement regulations for the 
specifications, installation, operation, inspection , service, recordkeeping and other 
binding matters for stationary pollution sources an d their air pollutant collection 
facilities, control facilities, and monitoring faci lities.  
Article 24   Those public and private premises possessing statio nary 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 installatio n or modification pursuant to the 
permit contents.  
After the installation or modification of the stati onary pollution sources in the 
foregoing paragraph, public and private premises sh all submit documents verifying 
compliance with the regulations of this Act to the special municipality, county or city 
competent authority or other government agency comm issioned by the central 
competent authority in order to apply for the issua nce of operating permits, and shall 
perform operations pursuant to the permit contents.   
The central competent authority shall determine man agement regulations for the 
application, review procedures, review principles, issuance, cancellation, revocation, 
granting and suspension of commissions by the centr al competent authority, and other 
binding matters for installation and operating perm its for stationary pollution sources.  
Article 25   Public and private premises shall reapply for the i ssuance of installation 
and operating permits in cases of relocation or a c hange of industry category.  8 
 Those public and private premises that have already  obtained an operating permit 
and for which the official announcement and impleme ntation of total quantity controls 
by the central competent authority or revisions mad e by the competent authority in 
operating permit issuance standards causes the oper ating 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 compe tent authority by the deadline 
officially announced by the central competent autho rity.  
Article 26   The air pollution control plans in Article 24, Para graph 1 and the 
verifying documents in Paragraph 2 shall be signed by a legally registered and 
practicing environmental engineer or other relevant  professional engineer.  
In the circumstances in the foregoing paragraph, go vernment agencies, public 
enterprises, and public juridical persons subject t o the foregoing paragraph may have 
an engineer with the qualifications in the foregoin g paragraph from within their 
internal organizations perform signing work in acco rdance with law.  
Article 27   A single public or private premise possessing mult iple stationary 
pollution sources that emit the same air pollutants  may apply to the special 
municipality, county, or city competent authority t o make improvements to its total 
quantity and concentration of air pollutant emissio ns; after review and approval, the 
emissions of its individual pollution sources may b e exempt from the restrictions of 
the emissions standards determined pursuant to Arti cle 20.  
 The public and private premises in the foregoing p aragraph shall adopt the total 
quantity and concentration limits for air pollutant s approved by the special 
municipality, county, or city competent authorities  as their emissions standards.  
The central competent authority shall determine man agement regulations for the 
application, review procedures, approval, cancellat ion, revocation and other binding 
matters for the total quantity and concentration of  air pollutant emissions in Paragraph 
1.  
Article 28   When the fuel and auxiliary fuel used by stationar y pollution sources at 
public and private premises contain bituminous coal , petroleum coke or other 
substances designated and officially announced by t he central competent authority, 
such fuels must comply with the composition standar ds and mixing ratios for different 
fuel types determined by the central competent auth ority, and must obtain a use permit 
issued by the special municipality, county, or city  competent authority before using 
such fuels. Records must be kept of the usage of su ch fuels, and usage reported to the 
special municipality, county, or city competent aut hority in accordance with 
regulations.  
 The central competent authority in consultation wi th relevant agencies shall 
determine management regulations for composition st andards and mixing ratios, use 
permit application, review procedures, permit terms , issuance, revocation, and 
cancellation, recordkeeping, reporting, and other b inding matters concerning the fuel 
types in the foregoing paragraph.  
Article 29   Users of substances prone to cause air  pollution shall first submit relevant 
documents in order to apply to the special municipa lity, county, or city competent 
authority; the use of these substances may begin on ly after the user has passed review 
and been issued a permit; records of the use of the se substances shall be maintained 
and reported to the special municipality, county, o r city competent authority in 
accordance with regulations.  
 The central competent authority in consultation wi th relevant agencies shall 
officially announce the substances that are prone t o cause air pollution in the 9 
 foregoing paragraph. 
The central competent authority in consultation wit h relevant agencies shall 
determine management regulations for the applicatio n, review procedures, permit 
terms, issuance, revocation, cancellation, recordke eping, reporting and other binding 
matters for the use permits in Paragraph 1.  
Article 30   The validity time period for permits issued pursuan t to Article 24, 
Paragraphs 1 and 2, Article 28, Paragraph 1, and Pa ragraph 1 of the foregoing article 
shall be five years. Those that still wish to conti nue to use their permits upon 
expiration shall submit a permit extension applicat ion to the special municipality, 
county, or city competent authority or other govern ment agency commissioned by the 
central competent authority between three to six mo nths prior to expiration. Each 
extension shall be for from 3 to 6 years. However, if a permit-holder is punished for 
what are determined to be serious violations within  the validity period of an extended 
permit, the validity time period of the permit may be shortened to between 1 and 3 
years. Furthermore, if stationary pollution sources  have not been installed or in 
operation for five years, or if they are located in  total quantity control zones, the 
validity time period of their permits shall be appr oved by the special municipality, 
county, or city competent authority or other govern ment agency commissioned by the 
central competent authority on the basis of actual needs.  
The special municipality, county, or city competent  authority or other 
government agency commissioned by the central compe tent authority shall reject prior 
to permit expiration the applications of those publ ic 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 pr ivate 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 com petent authority or other 
government agency commissioned by the central compe tent authority has yet to make 
a decision concerning approval or rejection by the date of the permit expiration 
deadline shall suspend installation, modification, operation, or use on the date of the 
permit expiration deadline; the permits of those pu blic 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 p rivate premises shall reapply for an 
installation, operating, or use permit if they need  to continue installation, modification, 
operation, or use.  
When public and private premises with stationary po llution sources apply to the 
special municipality, county, or city competent aut hority or other government agency 
commissioned by the central competent authority for  a permit extension during the 
period specified in Paragraph 1, if review performe d by the special municipality, 
county, or city competent authority or other govern ment agency commissioned by the 
central competent authority causes it to be unable to complete acceptance or rejection 
of the extension before the expiration of the permi t, such public and private premises 
may install, operate, and use their stationary poll ution sources in accordance with their 
original permits from the time of permit expiration  until completion of the review 
period.  
When a special municipality, county, and city compe tent authorities or other 
government agency commissioned by the central compe tent authority reviews a permit 
extension application, apart from any of the follow ing circumstances, it shall not alter 
the original permit content:  
1. The emissions of an existing stationary pollutio n source in a Class 3 control region 
must be reduced in accordance with pollutant emissi ons quantity reduction 10 
 criteria for existing stationary pollution sources.   
2. An air pollution control plan drafted pursuant t o Article 7 specifies that emissions 
quantity from a pollution source must be reduced, a nd reduction quantities have 
been calculated in accordance with the specified pe riod.  
3. Fuel composition standards or mixing ratios have  been changed in accordance with 
the type of fuel used.  
Article 31   The central competent authority may prohibit or re strict substances that 
are prone to cause air pollution that are controlle d under international environmental 
protection conventions and the manufacture, import,  export, sale or use of products 
manufactured from or filled with such substances.  
 The central competent authority in consultation wi th relevant agencies shall 
officially announce the substances and products in the foregoing paragraph; the 
central competent authority in consultation with re levant agencies shall determine 
management regulations for the permit application, review procedures, cancellation, 
recordkeeping, reporting and other binding matters for the manufacture, import, 
export, sale or use of these substances and product s.  
Article 32   The following action are prohibited within each cla ss of control region or 
within total quantity control zones:  
 1. Implementation of burning, melting, refining, gr inding, casting, conveyance or other 
operation that causes the production of significant  particulate pollutants that are 
dispersed into the air or onto the property of othe rs. 
2. Implementation of construction projects, piling of powdered or granular materials, 
transportation of construction materials or waste, or other industrial processes 
without appropriate control measures, causing airbo rne dust or polluted air.  
3. Placement, mixing, stirring, heating or baking o f substances, allowing spontaneous 
combustion due to poor management, or implementatio n of other operations that 
causes noxious odors or toxic gases.  
4. Use, conveyance or storage of organic solvents o r other volatile substances, and so 
causing noxious odors or toxic gases.  
5. Food preparation by the food and beverage indust ry that causes the dispersal of oily 
smoke or noxious odors.  
6. Other air polluting acts officially announced by  the competent authority.  
The air polluting actions in the foregoing paragrap h mean actions in which air 
pollutants are not emitted through emission exhaust  pipes.  
The central competent authority shall determine the  implementation criteria for 
the control of the actions in Paragraph 1.  
Article 33   When the stationary pollution sources of a public o r private premise emit 
a large quantity of air pollutants due to a sudden accident, the statutory responsible 
person shall promptly adopt emergency response meas ures and shall notify the special 
municipality, county, or city competent authority w ithin one hour.  
Under the circumstances in the foregoing paragraph,  the special municipality, 
county, or city competent authority may, in additio n to ordering the public or private 
premises to adopt necessary measures, order the pub lic or private premises to suspend 
the operation of the stationary pollution sources a t issue, and shall issue an air quality 
deterioration alert and take response measures.  
Article 34   Public and private premises that have been designat ed and officially 
announced by the central competent authority shall establish dedicated air pollution 
control units or personnel positions.  
The dedicated personnel in the foregoing paragraph shall comply with the 
qualifications specified by the central competent a uthority and undergo training in 11 
 order to obtain a qualification certificate.  
The central competent authority in consultation wit h relevant agencies shall 
determine management regulations for the establishm ent of dedicated units and 
personnel positions, the qualifications and trainin g of dedicated personnel, the 
acquisition, revocation and cancellation of qualifi cation certificates, and other binding 
matters. 
Article 35  Public and private premises shall discl ose stationary pollution source 
installation and operating permits issued by a spec ial municipality, county, or city 
competent authority, fuel use permits, data to be r eported pursuant to this Act, and 
permit information concerning environmental enginee rs, dedicated air pollution 
control personnel, and environmental analysis labor atories on a website designated by 
the central competent authority.  
Competent authorities at all levels may disclose st atistical and individual 
information concerning their checking of and discip linary actions against public and 
private premises, environmental engineers, dedicate d air pollution control personnel, 
and environmental laboratories on a website designa ted by the central competent 
authority.  
The central competent authority shall determine the  content of information 
disclosure in the two foregoing paragraphs.  
Article 36   Air pollutants emitted by mobile pollu tion sources shall meet emissions 
standards.  
 The central competent authority in consultation wi th relevant agencies shall 
determine the emissions standards in the foregoing paragraph, and may strengthen 
emission standards for transportation vehicles that  have left the factory for over 10 
years.  
Every in-use motor vehicle, including both domestic ally-made and imported 
vehicles, must have a complete individual inspectio n, and must comply with the 
emission standards in Paragraph 1.  
The determination and inspection methods used for i n-use vehicle in the 
foregoing paragraph shall be announced by the centr al competent authority.  
Motor vehicle manufacturers and importers are prohi bited from installing any 
defeat devices that may influence the air pollutant s emitted by transportation vehicles. 
However, such defeat devices shall not be subject t o this restriction when any of the 
following circumstances are present:  
1. Such devices have necessary protective, damage p revention, or accident 
avoidance functions.  
2. Such devices have mechanisms that are no longer active after the engine has 
started and the vehicle warmed up.  
Article 37   The users and owners of transportation  vehicles shall maintain the effective 
operation of the air pollution control equipment of  their vehicle and may not remove 
or modify air pollution control equipment without t he approval of the central 
competent authority. 
The central competent authority shall determine man agement regulations for the 
type, specifications, performance confirmation meth ods, labelling, approval, 
revocation, cancellation, and other binding matters  concerning the mobile pollution 
source air pollution control equipment in the foreg oing paragraph shall meet the 
regulations of the central competent authority.  
Article 38  When a motor vehicle is stationary and idling at a designated premises and 
location, and under designated weather conditions, the idling time must comply with 
the regulations of the central competent authority.   12 
 The central competent authority shall determine man agement regulations 
governing the motor vehicle type, designated premis es, location, weather conditions, 
stationary idling time, and other matters requiring  compliance in the foregoing 
paragraph shall be determined by the central compet ent authority.  
Article 39   The manufacture, import, sale, and use of fuel supp lied for use in mobile 
pollution sources shall comply with the composition  standards for fuel types 
determined by the central competent authority. Howe ver, fuel supplied exclusively for 
export shall not be subject to this restriction.  
The fuel manufacturers in the foregoing paragraph s hall obtain permits issued by 
the central competent authority before the fuel the y produce may be sold domestically; 
importers shall obtain permit documents issued by t he central competent authority 
before they may apply to the petroleum industry com petent authority for import 
approval documents. Manufacturers and importers sha ll perform composition analysis 
on each batch (shipment) of fuel and maintain recor ds which shall be reported to the 
central competent authority.  
The central competent authority in consultation wit h relevant agencies shall 
determine management regulations for the fuel types  and their composition standards 
in Paragraph 1 and the sale and import permits, rev ocation, cancellation, recordkeeping 
and reporting, and other binding matters in the for egoing paragraph.  
Article 40  Competent authorities at all levels may determine a ir quality protection 
areas where needed locally and implement mobile pol lution source control measures 
in view of air quality requirements and pollution c haracteristics.  
The mobile pollution source control measures in the  foregoing paragraph  
mobile pollution sources may include the following:   
1. Prohibition or restriction of the import of desi gnated motor vehicles.  
2. Prohibition or restriction of the fuel used by, power type, operating conditions, 
operating status, and import of mobile pollution so urces.  
3. Other control measures that may improve air qual ity.  
The mobile pollution sources control measures in Pa ragraph 1 shall be drafted 
by special municipality, county, or city competent authorities, and reported to the 
central competent authority for approval and offici al announcement.  
Article 41   For those in-use motor vehicles that have undergone  random testing of air 
pollutant emissions by the central competent author ity and that are determined to be 
unable to meet air pollution emissions standards fo r mobile pollution sources due to 
poor design or assembly, the central competent auth ority shall order the manufacturer 
or importer to recall for repair within a limited t ime period all units of the model of 
the motor vehicle at issue that have already been s old; the central competent authority 
shall suspend the manufacture, import, and sales of  those manufacturers or importers 
that fail to comply with this order by the deadline .  
 The central competent authority in consultation wi th relevant agencies shall 
determine regulations for motor vehicle recall and correction.  
Article 42   Motor vehicles shall obtain vehicle model exhaust t esting compliance 
verification issued by the central competent author ity and receive the central 
competent authority's certification before they may  apply for license plates.  
 The central competent authority in consultation wi th relevant agencies shall 
determine regulations for the motor vehicle air pol lutant testing certification in the 
foregoing paragraph.  
Article 43   The central competent authority shall determine reg ulations for the 
issuance, revocation and cancellation of vehicle mo del exhaust testing compliance 
verification.  13 
  The central competent authority in consultation wi th the Ministry of 
Transportation and Communications shall determine r egulations for the testing and 
handling of air pollutants emitted by transportatio n vehicles.  
Article 44   Motor vehicles shall undergo regular air pollutant  emissions testing; when 
a tested vehicle fails to comply with the emissions  standards in Article 36, Paragraph 
2, repairs and an application for retesting must be  made within one month from the 
day of testing.  
The central competent authority shall determine and  officially announce the 
targets, regions, frequency, and deadlines for the performance of the testing in the 
foregoing paragraph.  
 The central competent authority shall determine ma nagement 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 motor vehi cle air pollutant emissions testing 
stations.  
Article 45 Competent authorities at all levels may perform irregular air pollutant 
emissions testing or inspections of in-use mobile p ollution sources at car parks, 
airports, on roadways, in port zones, on water bodi es, or at other appropriate locations, 
or may notify transportation vehicles for which the re is a concern of polluting to 
undergo testing at a designated location by a desig nated deadline.  
The central competent authority in consultation wit h relevant agencies shall 
determine regulations for the irregular air polluta nt emissions 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 ins pection, or remote sensing 
performed by competent authority inspection personn el to fail to meet the emissions 
standards in Article 36, Paragraph 2 or the remote sensing screening standards 
officially announced by the central competent autho rity shall be repaired and undergo 
testing at a designated location by the deadline de signated in the competent authority's 
notification.  
Citizens may report the air pollutant emissions of in-use motor vehicles to the 
competent authority; those vehicles which have been  reported and notified by the 
competent authority shall undergo testing at a desi gnated location by a designated 
deadline.  
Article 47   The manufacture, import, and sale of c hemical products containing volatile 
organic compounds designated and officially announc ed by the central competent 
authority shall comply with composition standards f or volatile organic substances 
contained in the chemical product at issue. However , those chemical products 
provided exclusively for export are not subject to this restriction.  
The central competent authority shall determine com position standards for the 
volatile organic substances contained in chemical p roducts in the foregoing paragraph.  
Article 48   Competent authorities at all levels may dispatch pe rsonnel bearing 
identification documents to inspect or appraise the  air pollutant emissions, air 
pollution collection facilities, control facilities , and monitoring facilities of public and 
private premises and mobile pollution sources, or t he composition standards of fuel 
that is produced, stored or used by public and priv ate premises or mobile pollution 
sources, or the composition standards of volatile o rganic substances in chemical 
products that are manufactured, imported, or sold b y public and private premises, and 
order the provision of relevant information.  
Orders to provide information pursuant to the regul ations in the foregoing 14 
 paragraph shall be conducted in consultation with m ilitary authorities when military 
secrets are involved.  
The inspections, appraisals and orders in the two f oregoing paragraphs may not 
be evaded, obstructed or refused.  
Public and private premises shall possess facilitie s to facilitate the inspections 
and appraisals in Paragraph 1; the central competen t authority shall officially 
announce the specifications for these facilities.  
Article 49  Analysis laboratories may perform analysis and test ing work pursuant to 
this Act only after obtaining a permit approved by the central competent authority.  
The central competent authority shall determine man agement regulations for the 
required conditions and facilities; the qualificati ons of analysis personnel; the 
application, review procedures, issuance, replaceme nt, revocation, and cancellation of 
permits; suspension and resumption of business; che cking; and evaluation procedures; 
and other binding matters for the analysis laborato ries in the foregoing paragraph.  
The central competent authority shall determine all  inspection and testing 
methods in this Act.  
Article 50   Each industry competent authority shall provide gui dance for the 
improvement of all types of pollution sources.  
Chapter 4    Penal Provisions 
Article 51   Those that violate Article 33, Paragraph 1 by failu re to adopt emergency 
response measures promptly or that fail to comply w ith orders issued by the 
competent authority pursuant to Article 33, Paragra ph 2, and thereby cause human 
death, shall be punished by life imprisonment or a minimum of seven years 
imprisonment and may be fined a maximum of NT$30 mi llion; those that cause severe 
injury shall be punished by three to ten years impr isonment and may be fined a 
maximum of NT$25 million; those that cause harm to human health such that it leads 
to illness shall be punished by a maximum of five y ears imprisonment and may be 
fined a maximum of NT$20 million.  
Article 52   Those that have application or reporting obligation s pursuant to this Act 
that knowingly make applications on the basis of fa lse information or that report false 
information or keep false records of their operatio ns shall be punished by a maximum 
of three years imprisonment, detention and/or a fin e of NT$200,000 to NT$3 million.  
Article 53   Those that lack air pollution control equipment or whose air pollution 
control equipment is not in operation and burn subs tances prone to cause particular 
harm to health shall be punished by a maximum of th ree years imprisonment, 
detention and/or a fine of NT$200,000 to NT$3 milli on.  
The central competent authority shall officially an nounce the substances prone to 
cause particular harm to health in the foregoing pa ragraph.  
Article 54   For those circumstances in which a public or privat e premise fails to 
comply with an order to suspend work or suspend bus iness issued by the competent 
authority pursuant to this Act, the statutory respo nsible person shall be punished by a 
maximum of three years imprisonment, detention and/ or a fine of NT$200,000 to 
NT$3 million.  
Those that fail to comply with an order to suspend operation issued by the 
competent authority pursuant to Article 33, Paragra ph 2 or Article 68, Paragraph 2 or 
an order to suspend activities issued by the compet ent authority pursuant to Article 68, 
Paragraph 2 shall be punished by a maximum of one y ear of imprisonment, detention 
and/or a fine of NT$200,000 to NT$2 million.  
Article 55   For those circumstances in which the r epresentative of a juridical person, 
or an agent, employee or other working personnel of  a juridical person or natural 15 
 person violates, due to the performance of business  activities, Article 51, Article 52, 
Article 53, Paragraph 1 or Article 54, in addition to the perpetrator being punished 
pursuant to the regulations of each article violate d, said juridical person or natural 
person shall also be fined pursuant to the regulati ons of each article violated ten times 
the fines specified in the regulations of each arti cle violated.  
Article 56   Those that violate the import or expor t regulations in the management 
regulations determined pursuant to Article 31, Para graph 2 shall be punished by six 
months to five years imprisonment and may be fined NT$300,000 to NT$1.5 million.  
Article 57  Those public and private premises emitt ing air pollutants containing 
hazardous air pollutants exceeding the emissions st andard values determined pursuant 
to Article 20, Paragraph 2 by a factor of 1,000 sha ll be punished by a maximum of 
three years imprisonment, detention and/or a fine o f NT$200,000 to NT$5 million.  
When any of the following circumstances are present , those who commit the 
violations in the foregoing paragraph shall be puni shed by a maximum of five years 
imprisonment and may be fined NT$200,000 to NT$15 m illion:  
1. Operation of a pollution source without registra tion or a permit.  
2. Severe circumstances specified in the various su bparagraphs of Article 96.  
The punishment of statutory responsible persons or supervisory or planning 
personnel who commit the violations in the second p aragraph shall be increased by 
one-half.  
Article 58   Those public or private premises that violate Artic le 6, Paragraph 1 shall 
be fined NT$200,000 to NT$1 million and ordered to suspend work; if the public and 
private premises responsible for the violations are  industrial or commercial 
factories/facilities or sites, they shall be fined NT$100,000 to NT$20 million, and 
ordered to suspend work. 
Article 59   Those public or private premises that fail to reduc e pollutant emissions 
quantities pursuant to Article 8, Paragraph 3 or th at violate the regulations that are 
determined pursuant to Article 8, Paragraph 5 shall  be fined NT$20,000 to NT$1 
million; if the public and private premises respons ible for the violations are industrial 
or commercial factories/facilities or sites, they s hall be fined NT$100,000 to NT$20 
million.  
Those fined pursuant to the foregoing paragraph sha ll also be notified to make 
corrections or make improvements within a limited t ime period; those that have still 
failed to make corrections or make improvements by the deadline shall be fined per 
violation; in severe circumstances, orders may be i ssued for the suspension of work or 
suspension of business, and when necessary, operati ng permits may be cancelled or 
orders issued for the termination of business.  
Article 60  Those public and private premises that violate the regulations of 
Paragraphs 1 or 2 of Article 14 shall be fined NT$2 0,000 to NT$1 million; if the 
public and private premises responsible for the vio lations are industrial or commercial 
factories/facilities or sites, they shall be fined NT$100,000 to NT$20 million; in 
severe circumstances, and orders may be issued for the suspension of work or 
suspension of business.  
When the users of transportation vehicles violate t he regulations of Paragraphs 1 
or 2 of Article 14, the users or owners shall be fi ned NT$1,500 to NT$30,000.  
Article 61   For those circumstances in which Article 15 is viol ated, the developer 
shall be fined NT$500,000 to NT$20 million and noti fied to make improvements 
within a limited time period; those that have still  failed to complete improvements by 
the deadline shall be fined per violation.  
Article 62   For those that fail to pay fees pursua nt to the fee collection regulations 16 
 determined pursuant to Article 16, Paragraph 2 by t he deadline, an overdue fine, 
which shall be assessed at a rate of 0.5% of the ov erdue amount for each day the fees 
are overdue, shall be paid together with the overdu e fees; those that have still failed to 
report or pay fees 30 days after the deadline shall  be fined NT$1,500 to NT$60,000; 
when the responsible premise is an industrial or co mmercial factory/facility or site, it 
shall be fined NT$100,000 to NT$1 million, and must  pay within a limited time 
period.  
 For the fees required to be paid in the foregoing paragraph, interest shall be 
accrued daily from the day after the overdue deadli ne to the date of payment based on 
the fixed annual interest rate for a one-year time deposit with the Directorate General 
of the Postal Remittances and Savings Bank on the d ate of payment.  
Article 63   If the air pollution control fees to b e paid by a public and private premise 
pursuant to Article 16, Paragraph 1 are underreport ed by means of falsification, 
alternative, or other illegitimate means, or data c onnected with air pollution control 
fee calculations is not reported, competent authori ties at all levels shall act in 
accordance with the following regulations:  
1.  Mobile pollution sources: The central competent aut hority may calculate the fees 
to be paid by the public and private premise at dou ble the fee rate for air pollution 
control fees for mobile pollution sources.  
2. Construction project: The special municipality, county, or city competent authority 
may, in accordance with the results of investigatio n and relevant information, 
calculate the fees to be paid by the public and pri vate premise at double the fee 
rate for air pollution control fees for constructio n projects.  
3.  Stationary pollution sources apart from constru ction projects: The central 
competent authority may calculate the fees to be pa id by the public and private 
premise based on double the emissions quantity calc ulated for that pollution 
source based on an emissions coefficient or mass ba lance.  
When public and private premises use the methods in  the foregoing paragraph to 
evade air pollution control fees, apart calculating  and collecting the evaded air 
pollution control fees, competent authorities at al l levels shall re-calculate the amount 
of payable fees retroactive to the previous five ye ars. However, when the starting date 
for the collection of air pollution control fees fo r an air pollutant is less than five years 
previously, the amount of payable retroactive fees shall be calculated the starting date.  
 With regard to the amount of payable retroactive f ees in the foregoing 
paragraph, interest shall be accrued daily from the  day after the deadline for payment 
given by the competent authority or the date on whi ch evasion of air pollution control 
fees occurred to the date of payment based on the f ixed annual interest rate for a 
one-year time deposit with the Directorate General of the Postal Remittances and 
Savings Bank on the date of payment.  
Article 64   Those public or private premises that violate Artic le 20, Paragraph 1; 
Article 21; Article 22, Paragraphs 1, 2 or 3; Artic le 23; Article 24, Paragraphs 1 or 2 
by failure to perform installation, modification or  operation pursuant to permit 
contents, Article 25; the emissions standards appro ved pursuant to Article 27, 
Paragraph 2; or the management regulations determin ed pursuant to Article 24, 
Paragraph 3 or Article 27, Paragraph 3 shall be fin ed NT$20,000 to NT$1 million; if 
the public and private premises responsible for the  violations are industrial or 
commercial factories/facilities or sites, they shal l be fined NT$100,000 to NT$20 
million.  
Those fined pursuant to the foregoing paragraph sha ll also be notified to make 
corrections or make improvements within a limited t ime period; those that have still 17 
 failed to make corrections or make improvements by the deadline shall be fined per 
violation; in severe circumstances, orders may be i ssued for the suspension of work or 
suspension of business, and when necessary, operati ng permits may be cancelled or 
orders issued for the termination of business.  
For those circumstances in Paragraph 1 in which a s ingle public or private 
premise has multiple stationary pollution sources o r a stationary pollution source 
emitting multiple types of pollutants, fines shall be issued separately for each 
stationary pollution source or each type of polluta nt. 
Article 65   Those public or private premises that fail to obtai n permits pursuant to 
Article 24, Paragraphs 1 or 2 and directly perform installation, modification or 
operation shall be fined NT$20,000 to NT$1 million;  if the public and private 
premises responsible for the violations are industr ial or commercial factories/facilities 
or sites, they shall be fined NT$100,000 to NT$20 m illion, and ordered to suspend 
work and to apply for and obtain an installation or  operating permits within a limited 
time period.  
Article 66   Those that violate Article 28, Paragraph 1 or the m anagement regulations 
determined pursuant to Article 28, Paragraph 2 shal l be fined NT$1 million, and those 
that violate the management regulations determined pursuant to Article 29, Paragraph 
1 or 3 shall be fined NT$20,000 to NT$1 million; if  the public and private premises 
responsible for the violations are industrial or co mmercial factories/facilities or sites, 
they shall be fined NT$100,000 to NT$20 million.  
Those fined pursuant to the foregoing paragraph sha ll also be notified to make 
corrections or report within a limited time period;  those that have still failed to comply 
by the deadline shall be fined per violation; in se vere circumstances, orders may be 
issued for the suspension of work or suspension of business and, when necessary, use 
permits may be cancelled or orders issued for the t ermination of business.  
Article 67   Those that violate the management regulations deter mined pursuant to 
Article 31, Paragraph 2 shall be fined NT$100,000 t o NT$1 million and notified to 
make corrections or report within a limited time pe riod; those that have still failed to 
comply by the deadline shall be fined per violation ; in severe circumstances, orders 
may be issued for the suspension of work or suspens ion of business and, when 
necessary, sales or use permits may be cancelled or  orders issued for the termination 
of business.   
Article 68   Those that violate one of the circumst ances in any of the subparagraphs 
under Article 32, Paragraph 1 shall be fined NT$1,2 00 to NT$10,000; when an 
industrial or commercial factory/facility or site i s responsible for the violation, it shall 
be fined NT$100,000 to NT$1 million.  
   Those fined pursuant to the foregoing paragraph sha ll also be notified to make 
improvements within a limited time period; those th at have still failed to complete 
improvements by the deadline shall be fined per vio lation; in severe circumstances, 
orders may be issued for the suspension of activiti es or operation of the pollution 
source, or orders may be issued for the suspension of work or suspension of business 
and, when necessary, the violator's operating permi t may be cancelled or orders issued 
for the termination of business.  
Article 69   Those that violate Article 33 shall be fined NT$100 ,000 to NT$20 
million; in severe circumstances, orders may be iss ued for the suspension of work or 
suspension of business and, when necessary, the vio lator's operating permit may be 
cancelled or orders issued for the termination of b usiness.  
Article 70   Those public or private premises that violate Artic le 34, Paragraph 1, 
Article 35, Paragraph 1 or the management regulatio ns determined pursuant to Article 18 
 33, Paragraph 3 shall be fined NT$200,000 to NT$1 m illion and notified to make 
corrections or improvements within a limited period ; those that have still failed to 
make corrections or make improvements by the deadli ne shall be fined per violation.  
Those dedicated air pollution control personnel tha t violate the management 
regulations determined pursuant to Article 34, Para graph 3 shall be fined NT$10,000 
to NT$100,000, and, when necessary, the central com petent authority may cancel 
their dedicated personnel qualification certificate s.  
Article 71   For those circumstances in which Artic le 36, Paragraph 1 or Article 37 is 
violated, the user or owner shall be fined NT$1,500  to NT$60,000 and notified to 
make improvements within a limited period; those th at have still failed to complete 
improvements by the deadline shall be fined per vio lation.  
 Those manufacturers or importers that violate Arti cle 36, Paragraph 5 shall be 
fined NT$100,000 to NT$5 million for each motor veh icle, and have their motor 
vehicle model exhaust testing compliance verificati on revoked.  
Article 72   For those circumstances in which Artic le 38 or Article 40 is violated, the 
motor vehicle user or owner shall be fined NT$1,500  to NT$60,000, and the user or 
owner of a stationary pollution source apart from a  motor vehicle shall be fined 
NT$5,000 to NT$1 million, and notified to make impr ovements within a limited 
period; those that have still failed to complete im provements by the deadline shall be 
fined per violation until improvements have been ma de.  
Article 73   For those circumstances in which Article 39, Paragr aph 1 or 2 or the 
management regulations determined pursuant to Parag raph 3 have been violated, the 
user shall be fined NT$5,000 to NT$100,000, and the  manufacturer, seller, or 
importer shall be fined NT$100,000 to NT$1 million,  and notified to make 
improvements within a limited period; those that ha ve still failed to complete 
improvements by the deadline shall be fined per vio lation.  
Article 74  Those manufacturers or importers that violate Artic le 41, Paragraph 1, and 
fail to recall and make corrections to motor vehicl e within a limited period, shall be 
fined NT$100,000 per motor vehicle; those that viol ate Article 41, Paragraph 2 shall 
be fined NT$5,000 to NT$200,000, and notified to ma ke corrections or improvements 
within a limited period; those that have still fail ed to make corrections or make 
improvements by the deadline shall be fined per vio lation.  
Article 75  Those that violate Article 43, Paragraph 1 and 2 sh all be fined NT$5,000 to 
NT$200,000, and notified to make corrections or imp rovements within a limited 
period, those that have still failed to make correc tions or make improvements by the 
deadline shall be fined per violation.  
Article 76   For those that fail to undergo regular air pollutan t emissions testing 
pursuant to Article 44, Paragraph 1, the motor vehi cle owner shall be fined NT$500 to 
NT$15,000.  
Those motor vehicles for which regular testing has revealed a failure to meet 
emissions standards and that have failed to undergo  repair or retesting within one 
month or for which retesting after the deadline rev eals a failure to meet standards shall 
be fined NT$1,500 to NT$30,000.  
Those that have still failed to complete regular te sting six months after the 
testing deadline, fail to apply for retesting in ac cordance with regulations or fail 
retesting, and fail to complete improvement by the deadline after being notified to 
make improvement within a limited period by the spe cial municipality, county, or city 
competent authority shall be fined NT$3,000 to NT$6 0,000, and the motor vehicle 
oversight agency may be asked to revoke the vehicle 's license plate.  
Those that violate the management regulations deter mined pursuant to Article 19 
 44, Paragraph 3 shall be fined NT$15,000 to NT$60,0 00, and notified to make 
corrections or improvements within a limited period ; those that have still failed to 
make corrections or make improvements by the deadli ne shall be fined per violation; 
in severe circumstances, the violator may be order to suspend testing services, and the 
violator's authorization certificate may be cancell ed,.  
Article 77   For those that do not undergo testing pursuant to A rticle 45, Paragraph 1 
and Article 45, or for which testing reveals a fail ure to meet emissions standards, the 
mobile pollution source user or owner shall be fine d NT$1,500 to NT$60,000, and 
notified to make improvements within a limited peri od; those that have still failed to 
complete improvements by the deadline shall be fine d per violation.  
Article 78   For those circumstances in which Artic le 47, Paragraph 1 or the standards 
determined pursuant to Article 47, Paragraph 2 are violated, the manufacturer, 
importer, or seller shall be fined NT$100,000 to NT $1 million, and notified to make 
improvements within a limited period; those that ha ve still failed to complete 
improvements by the deadline shall be fined per vio lation.  
Article 79   For those circumstances in which there is evasion, obstruction or refusal 
of the inspections, appraisals or orders required o r issued pursuant to Article 48, 
Paragraph 1 or a failure to possess the facilities required pursuant to Article 48, 
Paragraph 4, public or private premises shall be fi ned NT$200,000 to NT$1 million, 
and mobile pollution source users or owners shall b e fined NT$5,000 to NT$100,000, 
and may be fined per violation and be subject to th e compulsory enforcement of 
inspection or appraisal.  
Article 80   Those that violate Article 49, Paragraph 1 or the m anagement regulations 
determined pursuant to Article 49, Paragraph 2 shal l be fined NT$200,000 to NT$1 
million, and notified to make corrections or improv ements within a limited period, 
those that have still failed to make corrections or  make improvements by the deadline 
shall be fined per violation; in severe circumstanc es, orders may be issued for the 
suspension of business and, when necessary, permits  may be cancelled or orders 
issued for the termination of business.  
Article 81   Those that fail to submit verification documents fo r already planned and 
installed buffer zones and air quality monitoring f acilities that meet emissions 
standards, fuel composition standards, and composit ion standards for chemical 
products containing volatile organic substances or other regulations to the special 
municipality, county, or city competent authority f or checking by the deadline for 
improvements of which they were notified pursuant t o this Act shall be considered to 
have failed to complete improvements.  
The central competent authority shall determine the  time periods during which 
improvements or corrections that must be made withi n a limited period must be 
completed, improvement completion verification chec king methods, enforcement 
methods for regulations and orders, and other bindi ng matters for the fines per 
violation of those that fail to complete correction s, reporting or improvements by the 
deadlines determined pursuant to this Act.  
Article 82   The period for making corrections, making improveme nts or reporting for 
those notified pursuant to this Act to make correct ions, make improvements or report 
within a limited period shall be limited to ninety days. Those unable to complete 
improvements by the improvement deadline due to nat ural disaster or other force 
majeure shall continue to make improvements after t he reason ends and shall, within 
15 days, apply to the special municipality, county,  or city competent authority for the 
approval of an improvement deadline by submitting a  written explanation of cause and 
relevant information.  20 
 Those public or private premises that are unable to  complete improvements by 
the deadline in the foregoing paragraph may, within  30 days after receiving 
notification, submit specific improvement plans to the special municipality, county, or 
city competent authority in order to apply for an e xtension; the special municipality, 
county, or city competent authority shall approve t he improvement deadline based on 
actual conditions; the maximum extension may not ex ceed one year, but the deadline 
may be extended an additional year when necessary; the special municipality, county, 
or city competent authority may promptly terminate the improvement deadline of 
those that are verified through checking to have fa iled to strictly carry out 
implementation in accordance with the improvement p lan, and may punish the 
violator severely.  
 Those stationary pollution sources and mobile poll ution sources that, during the 
improvement period, emit pollutants in excess of em issions concentrations or 
emissions quantities for which fines were originall y issued shall be fined per violation.  
Article 83   Unless other regulations apply, the penalties deter mined pursuant to this 
Act shall be assessed by the Environmental Protecti on Administration, Executive 
Yuan, at the central government level, the municipa l government in special 
municipalities and the county or city government in  counties or cities.  
Article 84   When the owner or user of a motor vehicle refuses t o pay a fine, the 
special municipality, county, or city competent aut hority may request the cooperation 
of the highway supervisory agency in stopping the m ovement of the vehicle.  
Article 85   The amount of fines for those fined pursuant to thi s Act shall be 
determined in accordance with the pollution source type, pollution items, degree of 
pollution, pollution characteristics, and the degre e of harm caused by the pollution; 
when the circumstances of the violation affects a s chool, and the violator shall be 
punished severely.  
The central competent authority shall determine the  fine determination criteria in 
the foregoing paragraph. 
Article 86   Apart from being fined a certain amoun t pursuant to this Act, those that 
obtain benefit from violations of their obligations  under this Act, may also be 
compelled to pay an amount within the scope of the benefit they have obtained.  
For those circumstances in which such actions are p erformed for the benefit of 
others, causing others to be subject to punishment for violations of their obligations 
under this Act, because the perpetrator has receive d material gain but has not been 
punished, the perpetrator may be compelled to pay a n amount within the scope of the 
value of the material gain it has obtained.  
Compulsion of payment in the three foregoing paragr aphs shall be implemented 
by the deciding competent authority via an administ rative act; as referred to here, 
benefit may include active benefit and passive bene fit in which necessary 
expenditures are eliminated or reduced; the central  competent authority shall 
determine the methods of calculating and estimating  these types of benefit.  
 
Article 87  The source of special funds established  by competent authorities at all levels 
pursuant to Article 18, Paragraph 2 shall, apart fr om the air pollution control fees 
collected pursuant to Article 16, Paragraph 1, incl ude the gains pursued by competent 
authorities at all levels in accordance with the fo regoing article and those fines 
determined pursuant to this Act.  
When fund sources in the foregoing paragraph consti tute gains pursued by the 
competent authority and fines determined pursuant t o this Act, money from the fund 
should be used for air pollution control purposes a s a first priority.  21 
 Chapter 5 Supplementary Provisions 
Article 88   Those public or private premises that possess a sta tionary pollution 
source designated and officially announced pursuant  to Article 24, Paragraph 1, and 
for which the stationary pollution source at issue was installed prior to the official 
announcement, shall apply for an operating permit p ursuant to Article 24, Paragraph 2 
of this Act within two years of the day of the offi cial announcement. 
Article 89  When the malfunction of facilities connected with a  stationary pollution 
source causes the violation of this Act, those publ ic or private premises that promptly 
implement response measures and handle the malfunct ion pursuant to the following 
regulations may be exempt from penalties imposed pu rsuant to this Act:  
1.  Report the situation to the special municipality, c ounty, or city competent 
authority within one hour of the malfunction.  
2.  Repair the facility or suspend operations within 24  hours of the malfunction.  
3.  Submit a written report to the special municipality , county, or city competent 
authority within 15 days of the malfunction. 
Article 90   Those public or private premises that, prior to eng agement in the 
following acts, have already applied to the special  municipality, county, or city 
competent authority and received authorization shal l be exempt from penalties 
imposed pursuant to this Act:  
1.  Fire drills.  
2.  The burning of infected animals or plants for the e mergency control of the spread of 
infectious diseases.  
3.  Other actions officially announced by the central c ompetent authority.  
When meteorological conditions are disadvantageous to the dispersal of 
pollutants, there is a trend towards a significant deterioration in air quality, or public 
or private premises fail to perform implementation in accordance with the authorized 
contents, the competent authority may order the pos tponement or suspension of the 
implementation of the authorized acts in the forego ing paragraph.  
Article 91   Competent authorities at all levels shall collect s uch official fees as 
review fees, testing fees and certificate fees for the performance of testing, the 
issuance of permits and certificates, and review of  and permitting for all applications 
accepted pursuant to this Act.  
 The central competent authority in consultation wi th relevant agencies shall 
determine fee collection standards for the foregoin g paragraph.  
Article 92   Victims of air pollution may apply to the competent  authority for 
appraisal of the reason for the harm they have suff ered; the competent authority may, 
after investigating the reason in consultation with  relevant agencies, order those that 
emit air pollutants to promptly make improvements, and the victims may seek 
appropriate compensation.  
When, in those circumstances in which an agreement is achieved for the 
compensation in the foregoing paragraph, the perfor mance of the agreement is 
refused, the victim may directly submit a request t o a court for compulsory 
enforcement.  
Article 93   When a public and private premise violates this Act  or relevant orders 
determined under authorization of this Act and the competent authority is negligent in 
enforcement, victims or public interest groups may notify the competent authority in 
writing of the details of the negligent enforcement . For those competent authorities 
that have still failed to carry out enforcement in accordance with the law within sixty 
days after receipt of the written notification, the  victims or public interest groups may 
name the competent authority at issue as a defendan t and file a lawsuit directly with 22 
 an administrative court based on the negligent beha vior of the competent authority in 
the execution of its duties in order to seek a ruli ng ordering the competent authority to 
execute its duties.  
When issuing a verdict on the lawsuit in the forego ing paragraph, the 
administrative court may on the basis of its author ity order the defendant agency to 
pay the appropriate attorney's fees, detection and appraisal fees and other litigation 
costs to plaintiffs that have made specific contrib utions to the maintenance of air 
quality.  
The central competent authority in consultation wit h relevant agencies shall 
officially announce the format of the written notif ication in Paragraph 1.  
Article 94   Members of the public may state facts or present verifying information to a 
special municipality, county, or city competent aut hority to report that the actions of a 
public or private premise have violated this Act, o r that an in-use motor vehicle is 
emitting air pollutants.  
 Special municipality, county, and city competent a uthorities shall determine 
regulations governing reporting and incentives in t he foregoing paragraph. When a 
public or private premise is fined after verifying the report through investigation, and 
the fine amount reaches a certain amount, a certain  proportion of the total fine income 
that has been received may be given to the informan t as an incentive reward.  
Special municipality, county, and city competent au thorities shall maintain the 
confidentiality of the identity of the informant in  the foregoing paragraph.  
Article 95  Public and private premises may not dis miss, demote, reduce the wages of, 
or take other unfavorable disciplinary action again st dedicated air pollution control 
personnel or their employees because they have disc losed actions violating this Act to 
the competent authority or judicial authority, have  served as witnesses in litigation, or 
refused to participate in actions violating this ac t.  
Any dismissals, demotions, wage reductions, or othe r unfavorable disciplinary 
actions due to the actions in the foregoing paragra ph implemented by public and 
private premises or their persons exercising manage ment rights shall be invalid.  
If public or private premises' dedicated air pollut ion control personnel or their 
employees receive unfavorable disciplinary action d ue to the actions in Paragraph 1, 
the public and private premises shall bear the burd en of providing evidence proving 
that such unfavorable disciplinary action is unrela ted to the actions in foregoing 
paragraph.  
If public or private premises' dedicated air pollut ion control personnel or their 
employees, having previously taken part in actions subject to criminal responsibility 
pursuant to this Act, disclosed such actions to the  competent authority or made a 
confession to or surrendered to the judicial author ity, with the result that the principal 
criminal or accomplices were captured, their punish ment shall be lightened or waived.  
Article 96   The severe circumstances referred to i n Article 59, Article 60, Article 64, 
and Article 66 through Article 69 in this Act mean the presence of one of the following 
circumstances:  
1. Those circumstances in which a pollution source that has not been registered or 
obtained a permit violates the regulations of this Act.  
2. Those circumstances in which a violator, after p unishment, voluntarily reports the 
suspension of work and the implementation of improv ements, and verification 
prove this to be untruthful.  
3. Those circumstances in which a violator, having been notified twice within one 
year to make improvements within a limited period, still continues to violate the 
regulations of this Act.  23 
 4. Those circumstances in which the emission of lar ge quantities of air pollutants 
seriously impacts the air quality of nearby areas.  
5. Those circumstances in which there is concern of  the endangerment of public 
health due to the emission of air pollutants that c ontain hazardous substances.  
6. Those circumstances in which an emission flue pi pe that has not received a 
stationary pollution source operating permit emits air pollutants, or the 
adjustment of the flow of exhaust discharges cause air pollutants to be emitted 
without passing through collection or processing fa cilities that have received the 
foregoing permit.  
7. Other actions that seriously impact the air qual ity in nearby areas.  
Article 97   Those public or private premises that are ordered b y the competent 
authority to suspend the operation of a pollution s ource, suspend work or business 
pursuant to Article 59, Paragraph 2, Article 60, Pa ragraph 1, Article 64, Paragraph 2, 
Article 66, Paragraph 2, Article 67, Article 68, Pa ragraph 2 or Article 69 in this Act, or 
those that have been ordered by the special municip ality, county, or city competent 
authority to make improvements and that voluntarily  report the suspension of work or 
business, shall, prior to the resumption of the ope ration of the pollution source or the 
resumption of business or work, submit a trial oper ation plan and apply to the special 
municipality, county, or city competent authority f or trial operation, and may only 
perform trial operation after approval by the speci al municipality, county, or city 
competent authority; the public or private premises  shall submit verification 
documents demonstrating compliance with emissions s tandards by the trial operation 
deadline, and may only resume operation or resume w ork or business after evaluation 
by the competent authority demonstrates compliance;  the central competent authority 
shall determine trial operation, evaluation and oth er binding matters.  
Article 98   The trial operation plans submitted by  public and private premises 
pursuant to the foregoing article shall be posted o n a public website designated by the 
central competent authority for public query.  
 Before providing approval in the foregoing article , the special municipality, 
county or city competent authority shall give stake holders and public welfare groups 
an opportunity to express their views, which the co mpetent authority shall use as a 
reference when providing its approval; when an appl ication in the foregoing paragraph 
is reviewed in conference, the views of stakeholder s and public welfare groups shall 
subsequently be included in the conference record, and shall be publicly posted on a 
website designated by the central competent authori ty.  
Article 99   The central competent authority shall determine the  enforcement rules of 
this Act.  
Article 100   This Act shall take effect on the date of promulga tion.