Taiwan EPA to Revise Incentive Measures for Toxic Chemical Operators

On 27 Feb 2019, Taiwan EPA issued a proposed revision to the Measures for Incentives for Operation of Toxic Chemicals [1]. The Measures was formulated to spur R&D and innovation in green chemistry. It is now subject to a period of public consultation lasting 60 days.

Compared to the current version, major changes are proposed as below:

• (1) Renaming Measures for Incentives for Operation of Toxic Chemicals and Chemical Substances of Concern to cover chemical substances of concern

• (2) Expanding eligibility to reward those committed to R&D and promotion of green chemistry

• (3) Adding provisions to disqualify those having significant chemical accidents in the last year before application for the incentives

• (4) Changing the awarding frequency from every year to every two years

• (5) Changing provisions regarding formulation and operation of the awarding panel

• (6) Amending the incentive measures and adding restrictions on the reelection of winners

• (7) Adding provisions for pursuing the awards and bonus if violations are found

The new Toxic and Chemical Substances of Concern Control Act (hereafter referred to as the Act), previously known as the Toxic Chemical Substance Control Act (TCSCA), was revised and promulgated in Jan 2019 (CL news). The proposed changes of name and some articles in this Measures were to align with the updates in the Act.

According to Article 72 of the Act, the competent authority may grant incentives to enterprises that comply with one of the following conditions:

1. The handler has not violated the Act for ten years.

2. The handler has achieved outstanding results in risk prevention and relevant equipment improvement of toxic chemicals and chemical substances of concern.

3. Those that invent or improve methods for the reduction of dangers or pollution created through the manufacture, transport, storage or use of toxic chemicals and chemical substances of concern and are also suitable to be widely promoted.

Using this system we envisage a new regulatory framework where conscious use of incentives to achieve environmental protection goals will not only be workable but also conducive to more efficient regulation of toxic chemicals and chemical substances of concern.