LY Passes Air Act Amendmentsair1999
「LY Passes Air Act Amendmentsair1999」於資料集「Environmental Policy Monthly」由單位「行政院環境保護署」的楊先生所提供,聯繫電話是(02)23117722#2217,(02)23117722#2216,最近更新時間為:2022-01-15 01:13:03。 欄位編號的內容是294 , 欄位標題的內容是LY Passes Air Act Amendments , 欄位摘要的內容是On December 29 1998, amendments to Taiwan's Air Pollution Control Act passed 3rd Reading in the Legislative Yuan. Amendments to the Act include the implementation of a total pollution quantity control system and the establishment of articles regarding civil lawsuits. The amendments also include several changes to the air pollution fee collection and disbursement system.
Following the promulgation of the Air Pollution Control Act in 1975, two rounds of amendments were made in 1982 and 1992, respectively, and the third round of amendments to the Act were submitted to Legislative Yuan (LY) in August, 1997. This round finally passed the LY's 3rd reading on December 29, 1998, and was implemented through presidential order on January 20, 1999. , 欄位全文的內容是On December 29 1998, amendments to Taiwan's Air Pollution Control Act passed 3rd Reading in the Legislative Yuan. Amendments to the Act include the implementation of a total pollution quantity control system and the establishment of articles regarding civil lawsuits. The amendments also include several changes to the air pollution fee collection and disbursement system.
Following the promulgation of the Air Pollution Control Act in 1975, two rounds of amendments were made in 1982 and 1992, respectively, and the third round of amendments to the Act were submitted to Legislative Yuan (LY) in August, 1997. This round finally passed the LY's 3rd reading on December 29, 1998, and was implemented through presidential order on January 20, 1999.
This round of amendments implemented large-scale revisions to the Act's structure. Most significantly, the amendments systematized the idea of total pollution quantity control (TPQC) systems by integrating it into Taiwan environmental legislation. Also, to implement a decision made by the Council of Grand Justices regarding the collection of air pollution fees, the recent amendments added regulatory articles defining air pollution fee collection sources and scope of use. Moreover, clauses regarding civil lawsuits were added, giving the public the right to bring lawsuits against competent authorities that neglect their duty.
As these three amendments will have an extensive influence on the planning and implementation of all future environmental activities, the content of the amended act has become very complex, and discussions during the amendment review process were exceedingly complicated and difficult to integrate. From the initial draft submitted by the EPA to the final passage of the amendments, the contents of the draft had been modified a large number of times. The final version of the amended act has a total of five chapters and 74 articles. It is anticipated that the spirit integrated into the act through the new amendments will rapidly effect other environmental legislation.
The most significant amendment to the act -- the integration of a TPQC system -- will likely have an especially broad impact on the planning and implementation of all facets of pollution prevention and control activities.
According to the newly enacted amendments, the EPA can establish TPQC areas that are based on topographical and meteorological needs, rather than political boundaries. Within these areas, air pollution control will no longer be based on the emitted pollution concentration or pollutant amounts emitted by single pollution sources. The effects of total pollution emissions within a given TPQC area must be taken into consideration.
The new amendments stipulate that within TPQC areas that comply with air quality standards, newly built or altered pollution sources greater than a specified scale must first perform model simulations to prove that within the given area proposed changes will not cause air pollution levels to be exceeded. In TPQC areas not in compliance with air quality standards, existing stationary pollution sources should apply for approval of their air emissions with local-level competent authorities. Reductions in emissions must then be made in line with the objectives and timeframe set by the authorities. Moreover, newly constructed or altered stationary pollution sources above a specified scale must put in place best available control technology and obtain sufficient emission credits from other sources.
Using market mechanisms to increase incentives for implementing pollution reduction is another important facet of TPQC systems. The new amendments stipulate that if existing stationary pollution sources implement pollution control measures that result in actual reductions exceeding the amounts required, the reduced amount can be converted to emission credits which can then be reserved, used to offset other emissions, or traded.
Newly constructed or altered stationary pollution sources can only obtain emission credits in the following ways: through using reserved credits of existing pollution sources, through obtaining emission credits auctioned by relevant competent authorities, through reducing emission levels of mobile pollution sources, through reducing emissions created by street cleaning, or other methods as approved by relevant competent authorities.
In order to familiarize the public with TPQC mechanisms and thereby ease the transition to a total pollution control system, the new amendments strengthen existing control functions within air pollution control areas. Apart from lacking market exchange mechanisms, the various levels of control areas are similar to TPQC areas in terms of the procedures and tools for controlling pollution sources.
The second important change brought about by the new amendments to the Air Pollution Control Act is the adoption of a civil lawsuit system. Article 74 of the newly amended act states the following: if a public or private facility violates the Air Pollution Control Act or other regulations empowered by the Air Pollution Control Act, and the competent authority neglects its enforcement responsibilities, the injured party (defined as an individual or public interest group) can make a written request to the competent authority to enforce the regulations accordingly. If within sixty days, enforcement is still not forthcoming, the aforementioned party can sue the competent authority by directly initiating legal proceedings with the Administrative Court.
Environmental protection is not the only area affected by the new concept of civil suits. In October last year, significant changes were made to the Law of Administrative Appeal. These revisions loosened the requirements regarding the necessity of having an injured party (or those related to the injured party) file suit. Any citizen can act to protect the public good and raise a civil lawsuit against an administrative agency acting in an illegal manner. To prevent the proliferation of unfounded litigation, however, public interest lawsuits will be limited only to those laws specially indicated by legislative bodies. The newly amended Air Act has become the first such law to fully take advantage of the Law of Administrative Appeal's "public interest lawsuit" regulations.
In addition to the two revisions stated above, the newly amended act has made changes to Taiwan's air pollution fee system in the areas of fee collection, fee disbursements, and fee setting principles. In the future, mobile pollution source fees can be collected on either a vehicle- or fuel-basis. In the fuel-based collection scenario, fees will be collected from the source, i.e. fuel vendors rather than ordinary consumers.
The amendments have also added clauses to the act that alter the use of the air pollution fund. New stipulations require that 60% of the funds generated through air pollution fees levied on stationary air pollution sources will be disbursed to local level governments, but the central government will be able to make reductions to this amount based on the effectiveness of local level implementation. At the same time, local governments will be allowed to alter fee rates according to air quality in their respective jurisdictions. The fee rate, as set by the central government, can be increased or decreased within a range of 30% at the local level.
Now that the Air Act amendments have been passed, the EPA will begin to draft a plan for demonstrating the TPQC approach, and a pilot TPQC area in Taiwan's central air quality region will be launched. Currently, the EPA is actively drafting the amended act's set of enforcement rules and expects to submit it to the Executive Yuan within one to two months. Reformulated plans for all levels of control regions will then be completed within six months. , 欄位年度的內容是1999 , 欄位月份的內容是2 , 欄位卷的內容是2 , 欄位期的內容是8 , 欄位順序的內容是1 , 欄位倒序的內容是2 , 欄位分類的內容是air , 欄位標題2的內容是LY Passes Air Act Amendments , 欄位檔案位置的內容是print/V2/V2-08 。
編號
294
標題
LY Passes Air Act Amendments
摘要
On December 29 1998, amendments to Taiwan's Air Pollution Control Act passed 3rd Reading in the Legislative Yuan. Amendments to the Act include the implementation of a total pollution quantity control system and the establishment of articles regarding civil lawsuits. The amendments also include several changes to the air pollution fee collection and disbursement system. Following the promulgation of the Air Pollution Control Act in 1975, two rounds of amendments were made in 1982 and 1992, respectively, and the third round of amendments to the Act were submitted to Legislative Yuan (LY) in August, 1997. This round finally passed the LY's 3rd reading on December 29, 1998, and was implemented through presidential order on January 20, 1999.
全文
On December 29 1998, amendments to Taiwan's Air Pollution Control Act passed 3rd Reading in the Legislative Yuan. Amendments to the Act include the implementation of a total pollution quantity control system and the establishment of articles regarding civil lawsuits. The amendments also include several changes to the air pollution fee collection and disbursement system. Following the promulgation of the Air Pollution Control Act in 1975, two rounds of amendments were made in 1982 and 1992, respectively, and the third round of amendments to the Act were submitted to Legislative Yuan (LY) in August, 1997. This round finally passed the LY's 3rd reading on December 29, 1998, and was implemented through presidential order on January 20, 1999. This round of amendments implemented large-scale revisions to the Act's structure. Most significantly, the amendments systematized the idea of total pollution quantity control (TPQC) systems by integrating it into Taiwan environmental legislation. Also, to implement a decision made by the Council of Grand Justices regarding the collection of air pollution fees, the recent amendments added regulatory articles defining air pollution fee collection sources and scope of use. Moreover, clauses regarding civil lawsuits were added, giving the public the right to bring lawsuits against competent authorities that neglect their duty. As these three amendments will have an extensive influence on the planning and implementation of all future environmental activities, the content of the amended act has become very complex, and discussions during the amendment review process were exceedingly complicated and difficult to integrate. From the initial draft submitted by the EPA to the final passage of the amendments, the contents of the draft had been modified a large number of times. The final version of the amended act has a total of five chapters and 74 articles. It is anticipated that the spirit integrated into the act through the new amendments will rapidly effect other environmental legislation. The most significant amendment to the act -- the integration of a TPQC system -- will likely have an especially broad impact on the planning and implementation of all facets of pollution prevention and control activities. According to the newly enacted amendments, the EPA can establish TPQC areas that are based on topographical and meteorological needs, rather than political boundaries. Within these areas, air pollution control will no longer be based on the emitted pollution concentration or pollutant amounts emitted by single pollution sources. The effects of total pollution emissions within a given TPQC area must be taken into consideration. The new amendments stipulate that within TPQC areas that comply with air quality standards, newly built or altered pollution sources greater than a specified scale must first perform model simulations to prove that within the given area proposed changes will not cause air pollution levels to be exceeded. In TPQC areas not in compliance with air quality standards, existing stationary pollution sources should apply for approval of their air emissions with local-level competent authorities. Reductions in emissions must then be made in line with the objectives and timeframe set by the authorities. Moreover, newly constructed or altered stationary pollution sources above a specified scale must put in place best available control technology and obtain sufficient emission credits from other sources. Using market mechanisms to increase incentives for implementing pollution reduction is another important facet of TPQC systems. The new amendments stipulate that if existing stationary pollution sources implement pollution control measures that result in actual reductions exceeding the amounts required, the reduced amount can be converted to emission credits which can then be reserved, used to offset other emissions, or traded. Newly constructed or altered stationary pollution sources can only obtain emission credits in the following ways: through using reserved credits of existing pollution sources, through obtaining emission credits auctioned by relevant competent authorities, through reducing emission levels of mobile pollution sources, through reducing emissions created by street cleaning, or other methods as approved by relevant competent authorities. In order to familiarize the public with TPQC mechanisms and thereby ease the transition to a total pollution control system, the new amendments strengthen existing control functions within air pollution control areas. Apart from lacking market exchange mechanisms, the various levels of control areas are similar to TPQC areas in terms of the procedures and tools for controlling pollution sources. The second important change brought about by the new amendments to the Air Pollution Control Act is the adoption of a civil lawsuit system. Article 74 of the newly amended act states the following: if a public or private facility violates the Air Pollution Control Act or other regulations empowered by the Air Pollution Control Act, and the competent authority neglects its enforcement responsibilities, the injured party (defined as an individual or public interest group) can make a written request to the competent authority to enforce the regulations accordingly. If within sixty days, enforcement is still not forthcoming, the aforementioned party can sue the competent authority by directly initiating legal proceedings with the Administrative Court. Environmental protection is not the only area affected by the new concept of civil suits. In October last year, significant changes were made to the Law of Administrative Appeal. These revisions loosened the requirements regarding the necessity of having an injured party (or those related to the injured party) file suit. Any citizen can act to protect the public good and raise a civil lawsuit against an administrative agency acting in an illegal manner. To prevent the proliferation of unfounded litigation, however, public interest lawsuits will be limited only to those laws specially indicated by legislative bodies. The newly amended Air Act has become the first such law to fully take advantage of the Law of Administrative Appeal's "public interest lawsuit" regulations. In addition to the two revisions stated above, the newly amended act has made changes to Taiwan's air pollution fee system in the areas of fee collection, fee disbursements, and fee setting principles. In the future, mobile pollution source fees can be collected on either a vehicle- or fuel-basis. In the fuel-based collection scenario, fees will be collected from the source, i.e. fuel vendors rather than ordinary consumers. The amendments have also added clauses to the act that alter the use of the air pollution fund. New stipulations require that 60% of the funds generated through air pollution fees levied on stationary air pollution sources will be disbursed to local level governments, but the central government will be able to make reductions to this amount based on the effectiveness of local level implementation. At the same time, local governments will be allowed to alter fee rates according to air quality in their respective jurisdictions. The fee rate, as set by the central government, can be increased or decreased within a range of 30% at the local level. Now that the Air Act amendments have been passed, the EPA will begin to draft a plan for demonstrating the TPQC approach, and a pilot TPQC area in Taiwan's central air quality region will be launched. Currently, the EPA is actively drafting the amended act's set of enforcement rules and expects to submit it to the Executive Yuan within one to two months. Reformulated plans for all levels of control regions will then be completed within six months.
年度
1999
月份
2
卷
2
期
8
順序
1
倒序
2
分類
air
標題2
LY Passes Air Act Amendments
檔案位置
print/V2/V2-08
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