Regulations Regarding Air Pollution Control Units/Personnel Amended


The renamed and amended Regulations Governing Installation and Management of Dedicated Air Pollution Control Units or Personnel were announced on 6 August 2019. The amendments mainly involve the establishment of dedicated health risk evaluation personnel and the substitution of dedicated personnel. 

According to the revisions to the Air Pollution Control Act announced on 1 August 2018, designated public and private venues are required to organize dedicated personnel to conduct health risk evaluation. In response to the amended act, the EPA has also made amendments to the regulations. 

The main points of the amendments include:
1. The position of dedicated health risk evaluation personnel and employment standards thereof are added.
2. Regulations are added that dedicated units for air pollution control and for wastewater/sewage treatment may be set up in combination within the same premise. It has also been permitted for dedicated air pollution control personnel to concurrently hold the position of health risk evaluation personnel if they meet the qualifications. 
3. Regulations requiring substitution for dedicated personnel to be appointed in advance are added. Stipulations have also been made regarding the number and qualification levels of substitute personnel and the required documents for the substitution approval, which is to be submitted on the designated website.
4. Regulations on the time limit for reporting any changes or resignations of dedicated personnel to the special municipality, county, or city competent authority have been added.
5. Regulations are added that when dedicated personnel fail to perform operations for reasons other than resignation and transfer, the premise shall hire replacements 15 days prior to the expiry of the employment period of substitute personnel. 
6. Stipulations are added regarding the responsibilities and employment period of substitute personnel when dedicated units or personnel have already been confirmed and approved by competent authorities before the amendments take effect.
7. Duties of substitute personnel and dedicated health risk evaluation personnel have been added.
8. Regulations are added that when a person has not been appointed as dedicated personnel for at least three years in a row after passing the training, that person is to complete on-the-job training within six months of reporting to duty. If the person fails to perform the job training or if the premise is unable to report the completion of the training within the time limit, the employment of the person will be deemed no longer valid. When the aforementioned situation occurs, the premise shall re-apply for the employment approval in accordance with the regulations. 
9. Regulations regarding temporary leave and termination of dedicated personnel have been added. 
10. Prohibitions for dedicated or substitute personnel have been included.
11. Management responsibilities of public and private premises for the supervision of dedicated personnel have been added.
12. Penalties for violation of the regulations by public or private premises and dedicated personnel have been included.

Excerpt from Environmental Policy Monthly, 22 (8)

Environmental Protection Administration, R.O.C.(Taiwan)
Go Back