The regulations (hereinafter“these Rules”) are prescribed in accordance with the Article 26 of the Toxic Chemical Substances Control Act .
Military agencies and organizations under the supervision of military agencies shall control Toxic Chemical Substances in accordance with these Rules .
Particular terms used in these Rules are defined as follows :
Toxic Chemical Substances : means any chemical substance produced or derived from a production process which is publicly announced by the Environmental Protection Administration .
Environmental Protection Competent Authority : means the Environmental Protection Administration of the Executive Yuan (hereinafter “EPA”) at the central government level , the Special Municipality at the special municipality level , and the County (or City) Government at the county (or city) government level .
Handling Unit(s) : means military agencies and the troops , factories , warehouses , and units in charge of medical treatment , education , or research and development affairs which are under the supervision of military agencies .
The powers and responsibilities for various military agencies on toxic chemical substances control are as follows :
The Ministry of National Defense : shall enact policies and regulations related to the control of Toxic Chemical Substances , as well as supervise the control of Toxic Chemical Substances implemented by Handling Unit(s) .
The Bureau of Armaments and Acquisition , Ministry of National Defense (hereinafter the “Bureau of Armaments and Acquisition”) : shall assist in the supervision of toxic chemical substances control implemented by factories or warehouses in charge of production or manufacture and by units in charge of research and development .
The National Defense Medical Bureau , Ministry of National Defense (hereinafter the “National Defense Medical Bureau”) : shall assist in the supervision of toxic chemical substances control implemented by medical units .
The Army General Headquarter, the Navy General Headquarter , the Air Force General Headquarter , the Combined Logistics Command Ministry of National Defense, the Armed Forces Reserve Command and the Military Police Command Center (respectively , “ Headquarter ” or collectively, “Headquarters”) : shall be responsible
for the following duties :
Enact toxic chemical substances control regulations and conduct supervision ;
Supervise its toxic chemical substances handling units and enact risk prevention and emergency plan for the Toxic Chemical Substances handling sites ;
Supervise its toxic chemical substances handling units and file handling reports to the local environmental protection competent authority in accordance with relevant laws and regulations . One copy of such handling reports shall be submitted to the Ministry of National Defense for record puropose .
A Handling Unit is not permitted to use any Toxic Chemical Substances unless such Handling Unit has its purposes of use reported , obtains approvals from the Ministry of National Defense, the Bureau of Armaments and Acquisition, the National Defense Medical Bureau or the Headquarters , and applies for registration or approval with the environmental protection competent authority at local level and receives documentation of such registration or approval .
If any purpose of use for Toxic Chemical Substances by a Handling Unit is not publicly announced and permitted by the competent authority at central level , such purpose of use shall be approved by the Ministry of National Defense and the EPA must be notified . The handling shall be in accordance with the preceding Article 5 .
A Handling Unit shall employ professional technicians if the handling amount of Toxic Chemical Substances manufactured, used or stored by Handling Units exceeds the minimum regulatory amount .
The transportation of Toxic Chemical Substances shall be managed in accordance with the Regulations on Toxic Chemical Substances Transportation Management .
Any Handling Unit may store Toxic Chemical Substances with respect to military purposes at its own sites .
The Environmental Protection Competent Authority(ies) shall assign personnel and audit the handling of Toxic Chemical Substances at the sites of Handling Units in accordance with these Rules . The Handling Units to be audited shall assign personnel to attend such audit .
By each January 15 , each Handling Unit shall submit to the local environmental protection competent authority a Report of Toxic Chemical Substances Handling Records (the “Report”) , which delineates the handling records in the previous year . A copy of such Report shall be respectively submitted to the Ministry of National Defense , the Bureau of Armaments and Acquisition , the National Defense Medical Bureau or each Headquarters for record purposes .
Whoever received the permit for Toxic Chemical Substances , documentation related to use approval , or approval of registration before the Amendment of these Rules shall apply for new permits , registration or approval within one year from the promulgation of the Amendment of these Rules , as well as employ professional technicians .
These Rules shall come into force upon the date of promulgation .