Clean Air Conservation Act

CLEAN AIR CONSERVATION ACT

Act No. 4262, Aug. 1, 1990
Amended by Act No. 4389, May 31, 1991
Act No. 4535, Dec. 8, 1992
Act No. 4561, Jun. 11, 1993
Act No. 4652, Dec. 27, 1993
Act No. 4714, Jan. 5, 1994
Act No. 5094, Dec. 29, 1995
Act No. 5096, Dec. 29, 1995
Act No. 5388, Aug. 28, 1997
Act No. 5453, Dec. 13, 1997
Act No. 5454, Dec. 13, 1997
Act No. 5871, Feb. 8, 1999
Act No. 5961, Apr. 15, 1999
Act No. 6262, Feb. 3, 2000
Act No. 6656, Feb. 4, 2002
Act No. 6826, Dec. 26, 2002
Act No. 6913, May 29, 2003
Act No. 7168, Feb. 9, 2004
Act No. 7170, Feb. 9, 2004

CHAPTER 1 GENERAL PROVISIONS

Article 1 (Purpose)
The purpose of this Act is to enable all citizens to live in a healthy and comfortable environment through preventing danger and damage to the national health and environment due to air pollution, and managing and preserving properly the atmospheric environment.

Article 2 (Definitions)
The definitions of the terms used in this Act shall be as follows:

1. The term “air pollutants” means gas or any granular or malodorous matter causing air pollution, which is prescribed by the Ordinance of the Ministry of Environment;

1. The term “air pollutants” means gas or any granular matter causing air pollution, which is prescribed by the Ordinance of the Ministry of Environment;
(Enforcement Date ; February 10, 2005)

1-2. The term “matter inducing change in climate and ecosystem” means any gaseous matter which may cause any change of the ecosystem because the weather becomes warmer, and as prescribed by the Ordinance of the Ministry of Environment;

2. The term “gas” means any gaseous matter to be produced at the time of combustion, synthesis and decomposition of matter or by its physical nature;

3. The term “granular matter” means any solid or liquid fine matter produced when any substance is crushed, sorted, piled, reloaded, mechanically treated, burned, synthesized or decomposed;

4. The term “dust” means granular matter floating around or falling down in the air;

5. The term “exhaust fumes” means fine granular matter such as free carbon produced at the time of burning;

6. The term “soot” means granular matter condensed of free carbon produced at the time of burning, and the granule of which is larger than 1 micron in diameter;

7. The term “malodor” means a smell given out of hydrogen sulfide, mercaptans, amines, and other stimulative gaseous matters which stink and thus arouse unpleasant feelings and aversion;

7. Deleted. <by Act No. 7170, Feb. 9, 2004
(Enforcement Date : February 10, 2005)

8. The term “specified air noxious substance” means air pollutants which might directly or indirectly inflict any danger and injury to the human health and property or the growth and breeding of animals and plants, and which are prescribed by the Ordinance of the Ministry of Environment;

8-2. The term “volatile organic compound” means the petroleum chemical products, organic solvents, and other substances from among the hydrocarbon sort, which are published by the Minister of Environment in consultation with the heads of central administrative agencies;

9. The term “air pollutant emission facilities” means facilities, machines, apparatus and other things which emit air pollutants in the air, and which are prescribed by the Ordinance of the Ministry of Environment;

10. The term “air pollution preventive facilities” means facilities which eliminate or reduce air pollutants emitted out of air pollutant emission facilities, and which are prescribed by the Ordinance of the Ministry of Environment;

11. The term “motor vehicles” means automobiles as prescribed in subparagraph 1 of Article 2 of the Automobile Management Act and construction machines as prescribed in subparagraph 1 of Article 2 of the Construction Machinery Management Act, which are prescribed by the Ordinance of the Ministry of Environment; and

12. The term “additives” means chemical substances except any matter consisted only of carbon and hydrogen, which improve the performance of automobiles by adding small quantity to fuel of the automobiles, or reduce emissions of automobiles, and which are prescribed by the Ordinance of the Ministry of Environment.

Article 3 (Regular Measurement)
(1) In order to grasp the actual conditions of air pollution throughout the country, the Minister of Environment shall install a measuring network, and measure at all times the degree of air pollution.

(2) In order to grasp the actual conditions of air pollution in the area under his jurisdiction, the Special Metropolitan City Mayor, Metropolitan City Mayor, or Do governor (hereinafter referred to as the “Mayor/Do governor”) shall create a measuring network, measure at all times the degree of air pollution, and file a report on the results of the measurements with the Minister of Environment under the conditions as prescribed by the Ordinance of the Ministry of Environment.

Article 4 (Determination on Measuring Network Installation Program, etc.)
(1) The Minister of Environment shall determine a measuring network installation program specifying the location and area of the measuring network as prescribed in Article 3 (1), notify it publicly under the conditions as prescribed by the Ordinance of the Ministry of Environment, and let any person inspect the drawing plot thereof. This provision shall also apply when he modifies it.

(2) The provisions of paragraph (1) shall apply mutatis mutandis to any case where the Mayor/Do governor installs the measuring network pursuant to the provisions of Article 3 (2).

(3) The State may provide necessary financial and technical assistance in implementing the plans, decided and published by the Mayor/Do governor pursuant to the provisions of paragraph (2), for creating the measuring network within a target period.
Article 5 (Expropriation and Use of Land, etc.)
(1) The Minister of Environment or the Mayor/Do governor may expropriate or use land, building or things fixed to the land, if required for installing the measuring network according to the measuring network installation program notified publicly under Article 4.

(2) The procedures, compensation for loss, etc. of expropriation or use as referred to in paragraph (1) shall be subject to the conditions as prescribed by the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor.

Article 6 (Relation with Other Acts)
(1) When the Minister of Environment or the Mayor/Do governor has determined and notified publicly the measuring network installation program under Article 4, the permission for occupation and use of the road as prescribed in Article 40 of the Road Act shall be considered to have been granted.

(2) If the measuring network installation program as prescribed in Article 4 contains matters concerning permission for occupation and use of the road as referred to in paragraph (1), the Minister of Environment or the Mayor/Do governor shall consult with the head of the road management agency before the determination and its notification is made.

Article 7 (Official Air Pollution Test Method)
For accuracy and uniformity of the measurement of the pollutants, the Minister of Environment shall determine the official air pollution test method and announce it publicly.

Article 7-2 (Air Pollution Warning)
(1) If the degree of the air pollution exceeds the environmental standards for atmosphere as prescribed in Article 10 of the Framework Act on Environmental Policy (hereinafter referred to as the “environmental standards”), and it might cause any grave danger and injury to residents’ health and properties or animals’ or plants’ breeding and growth, the Mayor/Do governor may issue the air pollution warning to an affected area. If the cause by which the air pollution warning is given, disappears, the Mayor/Do governor shall remove it immediately.

(2) If it is deemed necessary for reducing urgently the air pollution in the area in which the air pollution warning is given, the Mayor/Do governor may order restrictions on the operation of automobiles, reduction of operation in business places, etc. or take other necessary measures, in an affected area for a period fixed.

(3) Any person who is ordered under paragraph (2), the restriction on the operation of motor vehicles, the reduction of working hours in business places, etc., shall comply with it, unless there is any justifiable reason.

(4) Matters necessary for the areas and substances which are the object of the air pollution warning, for the criteria of its issue, for its step, and things to be done in each step, measures to be taken by warning step, etc. shall be determined by the Presidential Decree.

Article 7-3 (Repression of Discharge of Matter Inducing Change in Climate and Ecosystem)
In order to reduce the emission of matter inducing any change in climate and ecosystem, the Government shall participate positively in the international efforts, such as interchanging the information on environment and techniques among nations, and consider the measures, such as research, study, recovery, recycling, development of substitutes, etc. to reduce the emission of matter inducing any change in climate and ecosystem.

CHAPTER 2 REGULATION OF AIR POLLUTANTS EMISSION FROM BUSINESS PLACE, ETC.

Article 8 (Permissible Emission Standards)
(1) The permissible emission standards of air pollutants (hereinafter referred to as the “pollutants”) emitted from air pollutant emission facilities (hereinafter referred to as the “emission facilities”) shall be determined by the Ordinance of the Ministry of Environment.

(2) The Minister of Environment shall, upon determining the Ordinance of the Ministry of Environment as referred to in paragraph (1), consult with the heads of the central administrative agencies concerned.

(3) When it is deemed difficult to maintain the regional environmental standards as prescribed in Article 10 (3) of the Framework Act on Environmental Policy, or when it is deemed necessary to improve atmospheric quality within the air environment regulation area under the provisions of Article 8-3, the Special Metropolitan City, Metropolitan City or Do (hereinafter referred to as the “City/Do”) may set, by the Municipal Ordinances of relevant City/Do, the permissible emission standards further intensified than those under paragraph (1) (including any addition of standard items and the time of applying the standards): Provided, That this is limited to the case where the authority of the Minister of Environment as prescribed in Articles 10, 14, 16, 19, 20 and 20-2 is delegated to the Mayor/Do governor under the provisions of Article 54 (1).

(4) If the permissible emission standards as referred to in paragraph (3) are established or modified, the Mayor/Do governor shall report it to the Minister of Environment and take any measures necessary for making the interested persons know it.

(5) If it is deemed necessary for preventing air pollution in the special measures area as prescribed in Article 22 of the Framework Act on Environmental Policy (hereinafter referred to as the “special measures area”), the Minister of Environment may determine more strict permissible emission standards than those as referred to in paragraph (1), for any emission facilities installed in such area, and he may determine the special permissible emission standards for any emission facilities installed newly in such area.

(6) If there is any area where the permissible emission standards as prescribed by the Municipal Ordinances under paragraph (3) are not applied, within the City/Do where the standards concerned apply, the permissible emission standards as prescribed by the Municipal Ordinances shall apply even to the emission facilities installed or to be installed in such area.

Article 8-2 (Survey of Emission Source and Quantity of Air Pollutants)
(1) The Minister of Environment shall survey nationwide emission sources and quantities of air pollutants to work out and implement rationally a comprehensive mid-term plan to improve environment under the provisions of Article 5 of the Environmental Improvement Expenses Liability Act.

(2) The Mayor/Do governor and the heads of local environment agencies shall survey the emission sources and quantities of air pollutants including emission facilities, etc. in areas under their jurisdiction as prescribed by the Ordinance of the Ministry of Environment.

(3) The Minister of Environment or the Mayor/Do governor may ask the heads of administrative agencies concerned to furnish data or provide assistance necessary to survey the emission sources and quantities of air pollutants pursuant to the provisons of paragraphs (1) and (2). In this case, the heads of administrative agencies concerned shall comply with such request unless there are reasons that make them unable to do so.

Article 8-3 (Designation of Air Environment Regulation Area)
(1) The Minister of Environment may designate and announce publicly areas as air environment regulation areas, which are feared to exceed the air environment standards and are deemed to be required to improve air quality as prescribed by the Ordinance of the Ministry of Environment.

(2) In designating and publicly announcing air environment regulation areas pursuant to the provisions of paragraph (1), the Minister of Environment may, when the influx of air pollutants from a nearby area is deemed to have a great impact on the excess of the environment standards in light of the topography and weather conditions, include such nearby area in the air environment regulation areas after listening to the opinion of the Mayor/Do governor who has jurisdiction over such nearby area.

(3) The Mayor/Do governor who has jurisdiction over the air environment regulation areas shall draw up and implement a plan (hereinafter referred to as an “implementation plan”) for attaining and maintaining the environment standards in the air environment regulation areas within 2 years from the date of designation and publication after obtaining approval from the Minister of Environment. In this case, matters concerning the contents of the implementation plan and procedures for shaping such plan shall be prescribed by the Ordinance of the Ministry of Environment.

(4) When the Minister of Environment intends to approve such implementation plan under paragraph (3), he shall consult in advance with the heads of central administrative agencies concerned, and when he approves such plan, he shall publish it.

(5) The head of the central administrative agency concerned may provide any necessary financial and technical assistance so that the practical plan can be attained within the target period.

(6) The Minister of Environment may, where the Mayor/Do governor having jurisdiction over an air environment regulation area fails to work out and implement an implementation plan, take measures to cut environment-related subsidies from the State or suspend the payments of such subsidies to the local governments concerned or ask the heads of central administrative agencies concerned to take such measures. In this case, the heads of the central administrative agencies concerned shall comply with such request unless there are special reasons for not go along with such request.