Article 1

These Regulations are determined pursuant to Article 23, Paragraph 2 of the Air Pollution Control Act (herein referred to as this Act).

Article 2

Terms used in these Regulations are defined as follows:

I.                "Construction site" means the site, work areas or areas for piling materials of a construction project.

II.             "Full-height sight-blocking barrier fence" means fencing that entirely uses materials without openings.

III.          "Half-height sight-blocking barrier fence" means fencing that uses mesh or materials with openings above a height of 80 cm, and materials without openings for the rest.

IV.         "Simple fence" means physical barrier equipment made of metal, concrete, or plastic materials that uses solid barricades or Jersey barriers as a base.

V.            "Overflow protection base" means facilities installed at the base of the construction site fence to prevent the overflow of wastewater.

VI.         "Dust-control fabric" means facilities made of cloth, canvas, or plastic fabric for preventing fugitive escape of dust.

VII.      "Dust-control mesh" means facilities made of mesh material that prevent fugitive escape of dust.

VIII.   "Coarse grade aggregate" means aggregate that can be spread on the ground to prevent the fugitive escape of dust.

IX.         "Granular materials" means gravel, crushed stone or other particulate matter that can prevent the fugitive escape of dust.

Article 3

These Regulations apply to the construction projects of project owners that pay air pollution control fees according to Article 16, Paragraph 1, Subparagraph 1 of this Act. The following construction projects shall not be subject to this restriction, however:

I.           Those that must report payment of air pollution control fees that are less than NT$2,000.

II.        Those that are exempt from paying fees in accordance with Air Pollution Control Fee Collection Regulations.

III.     Other circumstances designated and officially announced by the central competent authority.

The proviso in the foregoing paragraph stipulates that after these Regulations have taken effect, the special municipality, county or city competent authorities, based on the local need for air quality maintenance or improvement, designate construction project categories within the entire or partial area of the announcement's jurisdiction that are subject to these Regulations, within a specific time period from the designated date of announcement.

Article 4

The construction projects referred to in these Regulations are Type 1 and Type 2 construction projects.

Those that meet one of the following circumstances shall be categorized as Type 1 construction projects:

I.              Building construction projects measuring 4,600 (square meters multiplied by number of months) or greater.

II.           Road and tunnel projects measuring 227,000 (square meters multiplied by number of months) or greater.

III.        Pipeline projects measuring 8,600 (square meters multiplied by number of months) or greater.

IV.       Bridge projects measuring 618,000 (square meters multiplied by number of months) or greater.

V.          Regional development projects measuring 7.5 million (square meters multiplied by number of months) or greater.

VI.       Dredging projects involving removed soil volume (loose volume) exceeding 10,000 cubic meters.

VII.    Other construction projects with a contract price of at least NT$1,800,000.

Project size as referred to in the foregoing subparagraphs is the product of the area (square meters) under construction and the construction period (number of months). The construction period is calculated on the basis of a 30-day month.

Construction projects, aside from those listed in Paragraph 2, shall be categorized as Type 2 construction projects.

Article 5

Signs indicating the construction project owner and the construction project period shall be installed at the construction site.

The content of the signs in the foregoing paragraph shall explicitly state the construction project air pollution control fee collection control serial number, the name and telephone number of the statutory responsible person at the construction site as well as the local environmental agency's telephone number for reporting public nuisances.

Article 6

During the construction project period, the construction project owner shall install and fix to the ground a full-height sight-blocking barrier fence and an overflow protection base around the perimeter of the construction site. Fences for Type 1 construction projects shall not be less than 2.4 meters high. Fences for Type 2 construction projects shall not be less than 1.8 meters high. When the fence is located within 10 meters of a street corner or curve, however, a half-height sight-blocking fence may be installed.

When the construction project in the foregoing paragraph is a road, tunnel, pipeline or bridge project carried out next to roads that are less than 8 meters in width or for a construction period of less than three months, a continuous simple fence must be installed.

When the perimeter of the construction site in the two foregoing paragraphs is located near natural barriers such as mountain slopes, rivers, lakes or other features that can serve as a natural fence, fence installation is not required.

Article 7

During the construction project period, construction project owners shall use one of the following control facilities to effectively suppress dust when using construction materials, sand, soils or waste generating fugitive dust emissions that are piled at the construction site:

I.           Covering with dust-control fabric.

II.        Covering with dust-control mesh.

III.     Carrying out regular spraying with chemical stabilizers.

Article 8

During the construction project period, construction project owners shall use one of the following control facilities to effectively suppress dust on vehicle routes within the construction site:

I.           Paving with steel plates.

II.        Paving with concrete.

III.     Paving with asphalt concrete.

IV.    Paving with coarse grade mixture or other granular materials with equivalent functions.

The control facilities in the foregoing paragraph need to cover more than 50 percent of the vehicle route surface area. For Type 1 construction projects, control facilities must cover 80% or more of the vehicle route surface area.

Vehicle routes from carwash facilities to major roads shall comply with the regulations of Paragraph 1.

Article 9

During the construction project period, construction project owners shall use one of the following control facilities to effectively suppress dust on exposed areas within the construction site:

I.           Covering with dust-control fabric or a dust-control mesh.

II.        Paving with steel plates, concrete, asphalt concrete, coarse grade mixture or other granular materials with equivalent functions.

III.     Planting of vegetation.

IV.    Surface compaction in combination with water spraying measures.

V.       Carrying out regular spraying with chemical stabilizers.

VI.    Carrying out regular water spraying.

The control facilities in the foregoing paragraph must cover more than 50 percent of the exposed surface area. For Type 1 construction projects, control facilities must cover 80% or more of the exposed surface area.

Article 10

During the construction project period, construction project owners shall install carwash platforms at the entrances and exits for vehicles that transport fugitive dust emission generating construction materials, sand, soils or waste at the construction site. These shall comply with the following regulations:

I.       On all four sides of the carwash platforms, overflow protection bases or other control facilities shall be installed to prevent carwash wastewater from spilling from the construction site.

II.    Installing wastewater collection pits.

III. Installing grit chambers for effective grit removal.

When the construction projects in the foregoing paragraph have not installed carwash platforms, they may use pressure washer equipment to clean vehicles, while properly treating carwash wastewater.

When vehicles leave the construction site carwash facilities outlined in Paragraph 1, the vehicle body and tires shall be effectively washed so that no sludge sticks to their surface.

Article 11

During the construction project period, construction project owners shall install on the outer side of scaffolding at the construction site dust-control mesh or dust-control fabric that can effectively suppress dust.

Article 12

During the construction project period, construction project owners shall use one of the following methods to suppress fugitive escape of dust when construction materials, sand, soils or waste that generate fugitive dust emissions are moved from higher floors to the ground floor or underground floors at the construction site:

I.         Elevator shaft

II.      Conveyor lines inside the building

III.   Concealed line transportation

IV.  Manual conveyance

At the outlets of the conveyance lines, fences or water spraying equipment that can suppress fugitive escape of dust shall be installed.

Article 13

During the construction project period, construction project owners shall use one of the following control facilities to effectively suppress fugitive escape of dust when transport vehicles and machinery that transport construction materials, sand, soils or waste that generate fugitive dust emissions enter or exit the construction site:

I.         Employing closed box transport machinery.

II.      Using control facilities that tightly cover the transported materials with dustproof fabric or other non-breathable covers that prevent them from falling to the ground.

The dustproof fabric or other non-breathable covers in Subparagraph 2 of the foregoing paragraph shall be fastened securely, and their edges shall extend at least 15 centimeters beyond the upper edges of the truck bed.

Article 13-1

While a construction project is underway, construction project owners shall ensure that the gasoline and diesel fuel used by the engines of equipment and machinery complies with the Standards for the Composition of Automobile Gasoline and Diesel Fuels.

Article 14

During demolition work for a construction project, construction project owners shall use one of the following control facilities to effectively suppress fugitive dust emissions:

I.         Installing pressurized water spraying facilities.

II.      Draping dust-control fabric around building structures.

III.   Installing wind screens.

The construction projects in the foregoing paragraph that are Type 1 projects shall concurrently employ at least the control facilities in Subparagraphs 1 and 2.

Article 15

During the construction project period, the construction project owners shall install cyclone separators, bag type dust collectors or other effective dust collection equipment at exhaust shafts or exhaust outlets that emit particulate pollutants.

Article 16

When a construction project owner is not able to employ air pollution control facilities at the construction site, an alternative control facility may be proposed and used after it has been reported to and approved by the special municipality, county, or city competent authority.

Article 17

Those that violate Articles 5 to 15 shall be punished pursuant to Article 56 of this Act.

Article 18

These Regulations shall take effect on July 1, 2004.

The revised articles of these Regulations shall, except when taking effect on January 1, 2014, take effect on the date of promulgation.