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ENFORCEMENT DECREE OF THE CLEAN AIR CONSERVATION ACT

Reproduced from statutes of Republic of Korea

ENFORCEMENT DECREE OF THE CLEAN AIR CONSERVATION ACT

Wholly Amended by Presidential Decree No. 20383, Nov. 15, 2007 Amended by Presidential Decree No. 20547, Jan. 15, 2008 Presidential Decree No. 20680, Feb. 29, 2008

Presidential Decree No. 20789, May 21, 2008

Presidential Decree No. 21025, Sep. 22, 2008

CHAPTER GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Decree is to provide matters delegated by the Clean Air Conservation Act and matters necessary for the enforcement thereof.

Article 2 (Areas for Which Air Pollution Alerts are Issued, etc.) (1) Areas for which air pollution alerts under Article 8 (4) of the Clean Air Conservation Act (hereinafter referred to as the "Act") are to be issued shall be designated by the Special Metropolitan City Mayor, Metropolitan City Mayor, Do governor, or Special Self-Governing Province governor (hereinafter referred to as the "Mayor/Do governor") from among Sis (including the Special Metropolitan City and Metropolitan Cities) as he/she deems necessary.

(2) The pollutant to which the air pollution alert is to be issued as referred to in Article 8 (4) of the Act refers to ozone from among pollutants for which environmental standards have been established under Article 10 of the Framework Act on Environmental Policy. (3) The levels of air pollution alerts under Article 8 (4) of the Act shall be classified into warning, alert and emergency alert, according to the density of a pollutant to which an air pollution alert is to be issued, and the density levels of pollutants shall be determined by Ordinance of the Ministry of Environment.

(4) Measures to be taken in each step of alert under Article 8 (4) of the Act shall include matters classified in each of the following subparagraphs: Provided, That part of matters for which measures are to be taken in each level of alert may be adjusted by Municipal Ordinance of the Special Metropolitan City, Metropolitan City, Do, or Special Self-Governing Province:

1. Where a warning is issued: Request for residents to refrain from outdoor activities, driving cars, etc.;

2. Where an alert is issued: Request for restriction on outdoor activities by residents, order for restrictions on driving cars, urging places of business to reduce use of fuels, etc.; and

3. Where an emergency alert is issued: Request for prohibition from outdoor activities by residents, suspension of vehicle traffic, order for curtailment of working hours by places of business, etc. Article 3 (Establishment, etc. of Comprehensive Measures for Prevention of Damage Caused by Yellow Dust) (1) The term "important matters prescribed by Presidential Decree" in the latter part of Article 13 (1) of the Act means matters in each of the following subparagraphs:

1. Domestic measures for the prevention of damage caused by yellow dust; and

2. International cooperation to reduce the generation of yellow dust. . Air Quality

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(2) The heads of relevant central administrative organs and Mayors/Do governors shall submit matters in each of the following subparagraphs to the Minister of Environment under Article 13 (4) of the Act by December 31, each year. In such cases, the Mayors/Do governors may, when devising programs, consider the opinions of relevant experts, local residents, etc. by means of public hearings, etc.:

1. The results and evaluation of promotion of programs for prevention of damage caused by yellow dust within the scope of their authorities; and

2. Measures for promotion of programs for prevention of damage caused by yellow dust for the following year within the scope of their authorities.

Article 4 (Members of Yellow Dust Prevention Committee) (1) The term "public officials of central administrative organs determined by Presidential Decree" in Article 14 (3) 1 of the Act means the Second Vice Minister of Strategy and Finance, First Vice Minister of Education, Science and Technology, Second Vice Minister of Foreign Affairs and Trade, First Vice Minister of Culture, Sports and Tourism, First Vice Minister of Knowledge Economy, Vice Minister for Health, Welfare and Family Affairs, Vice Minister of Environment, Second Vice Minister of Land, Transport and Maritime Affairs, Vice Minister for Government Policy of the Prime Minister's Office, Administrator of the Korea Meteorological Administration, Administrator of the National Emergency Management Agency, Administrator of the Rural Development Adminstration, Administrator of the Korea Forest Service, and Commissioner of the Korea Food & Drug Administration.

(2) The term "fields determined by Presidential Decree" in Article 14 (3) 2 of the Act means the fields of forestry, atmospheric environment, meteorology, preventive medicine, aquatic matters, interna- tional cooperation and journalism.

(3) The term of office of members who are not public officials shall be two years and consecutive appointment shall be limited to one occasion.

Article 5 (Operation, etc. of Committee)

(1) Meeting of the Yellow Dust Prevention Committee (hereinafter referred to as the "Committee") shall be held once a year: Provided, That extraordinary meetings may be held as the chairperson of the Committee (hereinafter referred to as the "chairperson") deems necessary. (2) Meetings of the Committee shall be held in the presence of a majority of members on the register and pass resolutions by the affirmative vote of a majority of members present. (3) The chairperson shall supervise the affairs of the Committee and become the president of the Committee.

(4) In cases where the chairperson is unable to carry out his/her duties due to inevitable causes, a member nominated by the chairperson in advance shall act on behalf of the chairperson. (5) The Committee shall have one secretary to handle the affairs of the Committee, and a public official belonging to the Ministry of Environment and nominated by the chairperson shall be the secretary. Article 6 (Composition of Working Committee)

(1) The working committee under Article 14 (4) of the Act shall be comprised of not more than 25 members including one chairperson (hereinafter referred to as the "chairperson of the working committee"). (2) The Vice Minister of the Ministry of Environment shall be the chairperson of the working committee and the persons in each of the following subparagraphs shall be the members of the working committee: Reproduced from statutes of Republic of Korea

1. Each one public official belonging to the Senior Civil Service of the Ministry of Strategy and Finance, Ministry of Education, Science and Technology, Ministry of Foreign Affairs and Trade, Ministry of Culture, Sports and Tourism, Ministry of Knowledge Economy, Ministry for Health, Welfare and Family Affairs, Ministry of Environment, Ministry of Land, Transport and Maritime Affairs, Prime Minister's Office, Korea Meteorological Administration, National Emergency Management Agency, Rural Development Adminstration, Korea Forest Service, and Korea Food & Drug Administration, as nominated by the head of each relevant organ;

2. One public official belonging to the National Institute of Environmental Research, as commissioned by the Minister of Environment; and

3. Persons with profound knowledge and experience in atmospheric environmental policies, as commissioned by the Minister of Environment.

(3) The term of office of members who are not public officials shall be two years, and consecutive appointment shall be limited to one occasion.

(4) The working committee shall have one secretary to handle the affairs of the working committee and a person who is a public official belonging to the Ministry of Environment and nominated by the chairperson of the working committee shall be the secretary. Article 7 (Operation, etc. of Working Committee)

(1) Meetings of the working committee shall be held once a year: Provided, That extraordinary meetings may be held as the chairperson of the working committee deems necessary. (2) Meetings of the working committee shall be held in the presence of a majority of members on the register and pass resolutions by the affirmative vote of a majority of members present. Article 8 (Considering Opinions of Public Officials of Relevant Organs, etc.) The chairperson of the Committee and the chairperson of the working committee may, when there is a request by the members of the Committee and the working committee or when deliberation is required, have public officials of relevant organs or experts attend the meeting to make a statement. Article 9 (Allowance and Traveling Expenses)

Allowances and traveling expenses may be paid to relevant members, public officials or experts who attend meetings of the Committee and working committee within the budgetary limit: Provided, That the same shall not apply to cases where a public official attends a meeting in direct connection with his/her duties.

Article 10 (Detailed Regulations for Operation)

Matters necessary for the operation of the Committee and the working committee, other than those provided for in this Decree, shall be determined by the chairperson, upon the resolution of the Committee. CHAPTER REGULATION OF EMISSION OF AIR POLLUTANTS FROM PLACES OF BUSINESS, ETC.

Article 11 (Permission for and Report on Installation of Emission Facilities, etc.) (1) Emission facilities to obtain permission for installation as prescribed in Article 23 (1) of the Act shall be as mentioned in each of the following subparagraphs:

1. Emission facilities generating specified hazardous air pollutants; and . Air Quality

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2. Emission facilities to be installed in special measures areas designated and announced under Article 22 of the Framework Act on Environmental Policy (hereinafter referred to as "special measures areas"): Provided, That emission facilities which do not emit any specified hazardous air pollutant and are installed in Type places of business according to annexed Table 1 shall be excluded. (2) A person who intends to install emission facilities under Article 23 (1) of the Act, other than those under the subparagraphs of paragraph (1), shall make a report on the installation of emission facilities. (3) A person who intends to obtain permission for the installation of emission facilities or make a report on the installation of emission facilities under Article 23 (1) of the Act shall submit an application for permission for the installation of emission facilities or a report on the installation of emission facilities to the Minister of Environment, attaching documents listed in each of the following subparagraphs thereto:

1. Statement (applicable only to cases in which an application is made for permission for the installation of emission facilities) estimating the quantity of raw materials (including fuels), quantity of products, emission quantity of pollutants, etc.;

2. Statement on installation of emission facilities and preventive facilities;

3. General drawings of preventive facilities;

4. Annual plan for maintenance and management of preventive facilities;

5. Statement of the analysis of ingredients of used fuels and estimated emission density and emission quantity of sulfur oxide (applicable only to emission facilities falling under the proviso to Article 41 (3) of the Act); and

6. A permit for the installation of emission facilities (applicable only to cases of application for permission for alteration).

(4) The term "important matters determined by Presidential Decree" in Article 23 (2) of the Act shall be as mentioned in each of the following subparagraphs:

1. Enlargement of emission facilities as classified in each of the following items. In such cases, the sum or the aggregate of the sums of sizes of emission facilities shall be calculated by outlets: (a) In cases of permission for installation (including permission for alteration; hereinafter the same shall apply) or report on alteration under Article 23 (2) of the Act: Enlargement of not less than 50/100 of the sum or the aggregate of the sums of sizes of permitted or reported emission facilities; and

(b) In cases of emission facilities of specified hazardous air pollutants: Enlargement of not less than 30/100 of the sum or the aggregate of the sums of sizes of permitted or reported emission facilities; and

2. Addition of usage of emission facilities permitted for installation. (5) Cases requiring a report for alteration under Article 23 (2) of the Act, and matters concerning the procedure for making reports on alteration, etc. shall be determined by Ordinance of the Ministry of Environment.

(6) The Minister of Environment shall, when granting permission for the installation of emission facilities or receiving reports on the installation of emission facilities, deliver a permit of installation of emission facilities or a certificate of report on installation of emission facilities to the applicant: Provided, That, when he/she grants permission for the alteration of emission facilities, matters permitted to be altered Reproduced from statutes of Republic of Korea

shall be entered in the space for altered matters of the already issued permit. Article 12 (Restrictions on Installation of Emission Facilities) Cases where the Minister of Environment may restrict the installation of emission facilities under Article 23 (6) of the Act shall be as mentioned in each of the following subparagraphs:

1. In cases of installing facilities which emit not less than ten tons of one specified hazardous air pollutant a year or not less than 25 tones of two specified hazardous air pollutants a year in an area located within one kilometer-radius from the site where the emission facilities are installed and having a settled population of not less than 20,000; and

2. In cases of installing an emission facility the total emission quantity of air pollutants (applicable only to dust, sulfur oxide and nitrogen oxide) of which amounts to not less than ten tones a year in a special measures area.

Article 13 (Standards for Classification of Places of Business) The standards for classifying places of business as referred to in Article 25 (2) of the Act shall be as mentioned in annexed Table 1.

Article 14 (Standards for Exemption from Installation of Preventive Facilities) The term "cases meeting the level determined by Presidential Decree" in the proviso to Article 26 (1) of the Act means cases falling under any of the following subparagraphs:

1. Cases where pollutants are emitted below the permissible emission levels under Article 16 of the Act in the course of the functioning or processing of the emission facilities; and

2. Other cases where the proper treatment of pollutants with methods other than the installation of preventive facilities is possible.

Article 15 (Scale of Emission Facilities for Which Report on Commencement of Operation to be Made, Following Report on Alteration)

The term "alterations, the scale of which is not less than the scale determined by Presidential Decree" in Article 30 (1) of the Act means alterations of emission facilities to expand them 20/100 (in cases of a report on alteration resulting from enlargement of air emission facilities, referring to the aggregate of enlargements) than the sum of sizes of emission facilities by outlets for which permission for installation has been obtained or a report on installation has been filed. Article 16 (Facilities for Trial Operation)

The term "facilities determined by Presidential Decree" in Article 30 (2) of the Act means emission facilities in each of the following subparagraphs:

1. Emission facilities installed with facilities for desulfurizing flue gases;

2. Emission facilities installed with facilities for denitrifying flue gases; and

3. Other emission facilities published by the Minister of Environment as he/she deems they are in need of trial operation for a considerable period of time after the installation or repair of preventive facilities.

Article 17 (Places of Business to be Installed with Measuring Devices, Types of Measuring Devices, etc.) (1) A business operator who operates emission facilities shall attach measuring devices in each of the following subparagraphs to confirm whether the quantity of pollutants emitted and permissible emission levels are observed, or whether preventive facilities are functioning normally under Article 32 (1) and (2) of the Act:

. Air Quality

2. Enforcement Decree of the Clean Air Conservation Act 363

1. A watt-hour meter; and

2. An automatic smokestack measuring device (including a flow meter, tachometer, thermometer, and data logger; hereinafter the same shall apply). (2) Facilities to be installed with a watt-hour meter under paragraph (1) 1 and methods of installation shall be as mentioned in annexed Table 2.

(3) Places of business to be installed with an automatic smokestack measuring device under paragraph (1) 2 shall be Types through places of business under annexed Table 1, emission facilities to be installed with an automatic smokestack measuring device, measuring items, exemption from installation, time of installation, and postponement of installation shall be as mentioned in annexed Table 3. (4) The Minister of Environment may use the data of an automatic smokestack measuring device, which are transmitted by computer networks under Article 32 (7) of the Act (hereinafter referred to as "automatically measured data") as data necessary for the confirmation of whether the permissible emission levels are observed or for calculation of emission dues under Article 35 of the Act: Provided, That the same shall not apply to cases where abnormal data have been transmitted due to malfunctioning of automatic smokestack measuring devices, computer networks, etc. Article 18 (Period for Improvement of Measuring Devices) (1) The Minister of Environment shall, when he/she issues an order for taking measures under Article 32 (5) of the Act, fix a period not longer than six months for improvement. (2) In cases where a person who is ordered to take measures under paragraph (1) is unable to complete such measures within a fixed period referred to in paragraph (1) due to natural disaster or other inevitable cause, the Minister of Environment may extend the period for improvement within the scope of six months, if such person files an application therefor. Article 19 (Installation and Operation of Smokestack Tele-Monitering System Control Center) (1) The Minister of Environment may install and operate a smokestack tele-monitering system control center (hereinafter referred to as a "control center") in order to efficiently manage the computer networks to electronically process the results of measurement of automatic smokestack measuring devices installed by a business operator under Article 32 (7) of the Act. (2) Places of business to be under the control of a control center and necessary matters for the functions and operation of the control centers, management of automatically measured data, etc. shall be determined and announced by the Minister of Environment.

Article 20 (Period for Improvement of Emission Facilities and Preventive Facilities) (1) The Minister of Environment shall, when issuing an order for improvement under Article 33 of the Act, fix a period for improvement of up to one year, taking into account measures necessary for improvement, period for installing facilities, etc. (2) In cases where a person who has received an order for improvement under Article 33 of the Act is unable to complete ordered measures within the period referred to in paragraph (1) due to natural disaster or other inevitable cause, he/she may apply for an extension of the period for improvement to the Minister of Environment within the scope of one year, before the termination of such period of time for improvement.

Article 21 (Submission of Improvement Plan)

(1) A business operator who has received an order to take measures (excluding an order to take Reproduced from statutes of Republic of Korea

measures, issued for violating the operation and management standards for watt-hour meters; hereafter the same shall apply in this Article) under Article 32 (5) of the Act or an order for improvement under Article 33 of the Act shall submit a proposal for improvement (in cases where an automatic smokestack measuring device is installed, including proposals prepared in electronic documents; hereinafter the same shall apply) stating matters in each of the following subparagraphs to the Minister of Environment within 15 days from the date on which he/she received such order under conditions prescribed by Ordinance of the Ministry of Environment: Provided, That the Minister of Environment may, when he/she deems necessary to extend the period, considering the kind, scale, etc. of emission facilities, extend the period if a business operator files an application therefor:

1. Matters in each of the following items, in cases of an order to take measures under Article 32 (5) of the Act:

(a) Contents of improper operation and management of an automatic smokestack measuring device; (b) Causes of improper operation and management of an automatic smokestack measuring device, and an improvement plan thereof; and

(c) A plan for self-measurement of pollutants emitted during the period for improvement of an automatic smokestack measuring device; and

2. Matters in each of the following items in cases of an order for improvement under Article 33 of the Act:

(a) In cases of making improvement prior to the expiration of an improvement period under Article 33 of the Act, the period required to make the improvement; (b) In cases of suspending or restricting the operation of emission facilities during the improvement period, the period required to make the improvement and the details of restriction; and (c) In cases of intending to reduce the emission of pollutants through improving working methods, etc., the details thereof.

(2) In cases where a business operator fails to submit an improvement plan under paragraph (1) or fails to state the matters in each subparagraph of paragraph (1) even when he/she has submitted it, he/she shall be presumed to have been continuously operating the emission facilities, emitting pollutants in a state falling under any of the following subparagraphs during the improvement period:

1. In cases which falls under Article 32 (5) of the Act, at the highest density of pollutants from among emission densities of pollutants during the last three months in which the automatic smokestack measuring device was working normally. In such cases, the emission density shall be the value obtained by arithmetically averaging the values measured every five minutes during the time from every hour on the hour to 30 minutes past the hour, or from every hour at 30 minutes to the next hour on the hour (hereinafter referred to as "30-minute average value"); and

2. In cases which fall under Article 33 of the Act, in the state of pollution stated in the order for improvement.

(3) In cases where a business operator not subject to any order to take measures under Article 32 (5) of the Act falls under any of the following subparagraphs, he/she may make improvement, submitting an improvement plan to the Minister of Environment under conditions prescribed by Ordinance of the Ministry of Environment:

1. Cases where the business operator has to improve, alter, check or repair an automatic smokestack . Air Quality

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measuring device;

2. Cases where the business operator is unable to properly operate an automatic smokestack measuring device due to sudden breakdown of major parts, etc. of the automatic smokestack measuring device; and

3. Cases where the business operator is unable to properly operate an automatic smokestack measuring device due to natural disaster, fire or other force majeure. (4) In cases where a business operator not subject to any order for improvement under Article 33 of the Act falls under any of the following subparagraphs and has come to emit pollutants in excess of the permissible emission level, he/she may make improvements, submitting an improvement plan to the Minister of Environment under conditions prescribed by Ordinance of the Ministry of Environment:

1. Cases where the business operator has to improve, alter, check or repair emission facilities or preventive facilities;

2. Cases where the business operator is unable to properly operate emission facilities or preventive facilities due to sudden breakdown of major parts, etc. of emission facilities or preventive facilities;

3. Cases where the business operator is unable to properly operate emission facilities or preventive facilities due to power failure or suspension of water supply; and

4. Cases where the business operator is unable to properly operate emission facilities or preventive facilities due to natural disaster, fire or other force majeure. Article 22 (Report on and Confirmation of Performance of Order for Improvement, etc.) (1) A business operator who has received an order to take measures under Article 32 (5) of the Act or an order for improvement under Article 33 of the Act shall, when he/she has performed such order, report the Minister of Environment thereon without delay. (2) The Minister of Environment shall, upon receipt of a report under paragraph (1), have a relevant public official confirm the state of performance of the order without delay. In such cases, if it is necessary to inspect the degree of air pollution, he/she shall collect a sample in order to instruct or request an inspection institution designated by Ordinance of the Ministry of Environment to inspect it. Article 23 (Pollutants on Which Emission Dues are Imposed) (1) The pollutants on which additional dues under Article 35 (1) 1 of the Act (hereinafter referred to as "additional dues") are imposed shall be as followings:

1. Sulfur oxides;

2. Ammonia;

3. Hydrogen sulfide;

4. Carbon bisulfide;

5. Dust;

6. Fluoride compounds;

7. Hydrogen chloride;

8. Chlorine; and

9. Hydrogen cyanide. (2) The pollutants on which basic dues under Article 35 (1) 2 of the Act are imposed shall be as followings:

1. Sulfur oxides; and Reproduced from statutes of Republic of Korea

2. Dust. Article 24 (Methods of and Criteria for Calculation of Additional Dues) (1) The amount of additional dues imposed on pollutants falling under each subparagraph of Article 23 (1) shall be calculated according to the calculation methods classified in each of the following subparagraphs:

1. Cases of making improvement after submitting an improvement plan under Article 21 (4): The amount of additional dues per kilogram of a pollutant � emission quantity of a pollutant exceeding the permissible emission level � regional imposition coefficient � annual dues calculation index; and

2. Cases other than those falling under paragraph (1): The amount of additional dues per kilogram of a pollutant � imposition coefficient of each rate of excess of permissible emission levels � regional imposition coefficient � annual dues calculation index � imposition coefficient of each instance of violation.

(2) The imposition amount of a pollutant per kilogram, imposition coefficient of each rate of excess of permissible emission levels and regional imposition coefficient necessary for the calculation of additional dues under paragraph (1) shall be as mentioned in annexed Table 4. Article 25 (Calculation of Emission Quantity of Pollutants for Calculation of Additional Dues, etc.) (1) The quantity of pollutants emitted in excess of the permissible emission levels (hereinafter referred to as "emission quantity in excess of the standards"), which is necessary for the calculation of additional dues under Article 24 (1) shall be the quantity of pollutants emitted as a result of operation in excess of the permissible emission levels during the emission periods as classified in each of the following subparagraphs and shall be calculated by multiplying the daily emission quantity in excess of the standards by the number of days of the emission period: Provided, That in cases where the 30-minute average value of the automatically measured data of a place of business which has an automatic smokestack measuring device to automatically transmit measurement data to the control center under Article 17 (1) 2 (hereinafter referred to as an "automatically measuring business place") has exceeded permissible emission levels, the excess emission quantity shall be calculated by multiplying the density exceeding the permissible emission levels for every 30 minutes in which the 30-minute average value has exceeded the permissible emission levels (referring to the value obtained by subtracting the permissible emission density standard from the 30-minute average value exceeding the permissible emission levels), and the emission quantity in excess of the standard shall be calculated by aggregating these amounts every six months:

1. Cases of improvements made after submitting an improvement plan under Article 21 (4): The period from the commencement date of indicated improper operation to the expiration date of improvement period; and

2. Cases other than those falling under subparagraph 1: The period from the date on which the emission of a pollutant commenced (in cases where the date when the emission commenced is not clearly known, the date on which a pollutant was collected to inspect whether it exceeded the permissible emission levels) to the expected date of completion of performance of orders for improvement, suspension of operation, suspension of use or closure under Article 33, 34 or 38 of the Act or the cancellation date of permission under Article 36 of the Act. . Air Quality

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(2) The daily emission quantity in excess of the standard under paragraph (1) shall be the quantity converted into kilograms the quantity calculated by multiplying the density of a pollutant exceeding the permissible emission levels on the collection date (in cases of improvements made after submitting an improvement plan under Article 21 (4), the collection date of the pollutant as prescribed by Ordinance of the Ministry of Environment) of the emitted pollutant which is the cause of issue of an order for improvement, order for suspension of operation, cancellation of permission, order for suspension of use or order for closure under Article 33, 34, 36 or 38 of the Act by the total quantity of gas emitted (hereinafter referred to as the "daily discharge") on the date on which the emission density is measured according to the discharge of gas emitted at the time of measurement (hereinafter referred to as "discharge measured").

(3) The daily emission quantity in excess of the standards and daily discharge under paragraph (2) shall be calculated according to annexed Table 5, and the discharge measured shall be calculated according to the official air pollution test method under Article 7 of the Act. (4) The emission quantity of a pollutant under each subparagraph of Article 24 (1) shall be the quantity of gas emitted during the emission period, which is expressed in the unit of 1,000 , and shall be calculated by multiplying the daily discharge by the number of days. In such cases, the provisions of paragraphs (1) through (3) shall apply mutatis mutandis to the calculation of an emission period and calculation of discharge measured.

(5) The emission period under paragraph (1) shall be expressed as the number of days, and the calculation of such period shall comply with the Civil Act on condition that the first day is to be included in the calculation.

Article 26 (Annual Dues Calculation Index and Imposition Coefficient of Each Instance of Violation) (1) The annual dues calculation index under Article 24 (1) shall be obtained by multiplying the dues calculation index of the preceding year by the price fluctuation index which the Minister of Environment announces each year, considering the rate of price increase of the preceding year, etc. (2) The imposition coefficient of each instance of violation under Article 24 (1) shall be obtained by multiplying the imposition coefficient by the rates as classified in each of the following subparagraphs:

1. In the absence of any violation: 100/100;

2. In the first instance of a violation: 105/100; and

3. In cases of at least two violations: Imposition coefficient obtained by multiplying the imposition coefficient before violation by 105/100.

(3) The instances of violation under paragraph (2) shall be the number of times of receiving an order for improvement, order for suspension of operation, cancellation of permission, order for the suspension of use or order for closure under Article 33, 34, 36 or 38 of the Act as a result of emitting pollutants on which dues are imposed under Article 23 in excess of permissible emission levels. In such cases, the number of instances of violation shall be calculated by the outlets of a place of business on the basis of the last two years before the date on which a violation is committed. (4) Notwithstanding paragraph (3), in cases of automatically measured business places, the number of instances when the 30-minute average value exceeds the permissible emission levels shall be the number of instances of violation. However, when the 30-minute average value exceeds the permissible emission levels on not less than two occasions within 24 hours, it shall be considered as one instance, Reproduced from statutes of Republic of Korea

and in cases where the 30-minute average value exceeds the permissible emission levels after an improvement plan is submitted under Article 21 (3), the number of instances of violation during the improvement period shall be considered as one instance. In such cases, the number of instances of violation shall be counted by outlets on a three-monthly basis. Article 27 (Period for Imposition of Basic Dues, etc.) The basic dues under Article 35 (1) 2 of the Act shall be imposed on a six-monthly basis, and the base date of imposition and period of imposition shall be as stated in annexed Table 6. Article 28 (Methods of and Criteria for Calculation of Basic Dues) (1) The amount of basic dues under Article 35 (1) 2 of the Act shall be the amount obtained by multiplying the emission quantity of a pollutant emitted below the permissible emission levels (hereinafter referred to as "emission quantities within the permissible emission levels") by an imposition amount per kilogram of pollutants, annual dues imposition calculation index, regional imposition coefficient and imposition coefficient for each density.

(2) Article 24 (2) shall apply mutatis mutandis to the imposition amount of a pollutant per kilogram, which is necessary for the calculation of the basic dues under paragraph (1). The regional imposition coefficient of basic dues shall be as stated in annexed Table 7. The imposition coefficient of basic dues by density shall be as stated in annexed Table 8. (3) The annual dues calculation index under paragraph (1) shall be 1 in the first year of imposition, and shall be calculated by multiplying the index of the preceding year by the price fluctuation index which the Minister of Environment announces each year, considering the rate of price increase in the preceding year, etc. from the following years. Article 29 (Calculation of Emission Quantity of Pollutants for Imposition of Basic Dues, etc.) (1) In order to ascertain the emission quantity within the permissible emission levels necessary for the calculation of basic dues under Article 28 (1), the Minister of Environment may, when necessary, have the relevant business operator submit data on the emission quantity within the permissible emission levels actually emitted during the imposition period of basic dues (hereinafter referred to as "actual emission quantity") under Article 82 (1) of the Act. In such cases, the relevant business operator shall submit data on the actual emission quantity within 30 days from the date on which the imposition period terminates.

(2) The actual emission quantity shall be calculated according to the method determined by annexed Table 9: Provided, That the same shall not apply to cases where it is calculated according to the result of measurement of automatic smokestack measuring devices. (3) In cases where a business operator who has submitted an improvement plan under Article 21 (3) calculates an actual emission quantity under the proviso to paragraph (2), the actual emission quantity during the improvement period shall be calculated by applying the value obtained by arithmetically averaging the 30-minute average values for the three months in which the automatic smokestack measuring device worked normally before the improvement period. (4) Matters concerning data to verify the data submitted under paragraph (1) shall be determined by Ordinance of the Ministry of Environment.

Article 30 (Adjustment of Emission Quantity within Permissible Emission Levels, etc.) The Minister of Environment may, when the relevant business operator fails to submit data under . Air Quality

2. Enforcement Decree of the Clean Air Conservation Act 369

Article 29 or when it is deemed that details submitted differ from the truth, or have been compiled deceitfully, adjust the emission quantity within the permissible emission levels by methods classified in each of the following subparagraphs:

1. Cases where the business operator has failed to submit data on the actual emission quantity under Article 29 (1): Emission quantity within the permissible emission levels presumed to have been emitted while operating 24 hours a day at the density for the permissible emission levels of pollutants by emission facilities during the imposition period and at the maximum capacity of the emission facilities or preventive facilities;

2. Cases where the details of actual emission quantity (including details concerning used fuels, etc.) submitted by a business operator are found different from the truth as a result of examination of data and field inspection: Emission quantity within the permissible emission levels, calculated based on the result of examination of data and field inspection; and

3. Cases where the data on the actual emission quantity submitted by a business operator under Article 29 (1) is found explicitly false: Emission quantity within the permissible emission levels, calculated based on the emission quantity equivalent to 120/100 of the actual emission quantity on condition that the actual emission quantity is calculated through field inspection. Article 31 (Submission of Data, Inspections, etc.) In cases where it is necessary to adjust the emission quantity within the permissible emission levels under Article 30 as it is deemed that the details of the actual emission quantity submitted by a business operator is substantially different from that of other places of business of similar size or differs from the truth, the Minister of Environment may have the business operator submit relevant data under Article 82 (1) of the Act.

Article 32 (Exemption from Dues, etc.)

(1) A business operator who operates emission facilities, using fuels in each of the following subparagraphs under Article 35 (3) 1 of the Act shall not be subject to dues on sulfur oxides: Provided, That emission facilities which burn fuel referred to subparagraph 1 or 2, mixing with fuels other than fuel under subparagraph 1 or 2 and is capable of observing the permissible emission levels shall not be subject to dues on sulfur oxides equivalent to the use quantity of the fuel under subparagraph 1 or 2:

1. Emission facilities which, in cases of a power plant, use liquid or solid fuels the sulfur content of which does not exceed 0.3 percent and in cases of emission facilities, other than power plants (including heal supply and power generation plants the capacity of which does not exceed 100 megawatts), use liquid fuels the sulfur content of which does not exceed 0.5 percent or solid fuels the sulfur content of which does not exceed 0.45 percent and which are capable of observing the permissible emission levels. In such cases, the sulfur content of solid fuels shall be the average sulfur content of various solid fuels injected into the burner;

2. Emission facilities which use gas generated as a by-product in the process, the sulfur content of which does not exceed 0.05 percent and are capable of observing the permissible emission levels; and

3. Emission facilities which burn a mixture of fuels as referred to in subparagraphs 1 and 2 and are capable of observing the permissible emission levels. (2) Dues on dust and sulfur oxides shall not be imposed on business operators operating emission Reproduced from statutes of Republic of Korea

facilities which use liquefied natural gas or liquefied petroleum gas as fuels under Article 35 (3) 1 of the Act.

(3) The term "optimum preventive facility prescribed by Presidential Decree" in Article 35 (3) 2 of the Act means a preventive facility capable of observing the permissible emission levels and maintaining the designed efficiency of removal of air pollutants, which the Minister of Environment announces through consultation with the heads of relevant central administrative organs. (4) The Minister of National Defence shall, when he/she intends to hold consultations under Article 35 (3) 3 of the Act, submit the usage of military facilities intended to be exempted from the imposition of dues, causes of exemption, etc. to the Minister of Environment: Provided, That the same shall not apply to the military facilities under subparagraph 2 of Article 2 of the Protection of Military Bases and Installations Act. (5) The term "emission facilities the size of which does not exceed the size determined by Presidential Decree" in Article 35 (4) 1 of the Act means emission facilities of Type places of business and Type places of business as classified in annexed Table 1 in conformity with the permissible emission levels.

(6) Necessary matters concerning the procedures for exemption from or reduction of dues under Article 35 (3) or (4) of the Act shall be prescribed by Ordinance of the Ministry of Environment. Article 33 (Notice of Payment of Dues)

(1) The notice of payment of additional dues shall be issued at the time when the cause of imposition of additional dues occurred (in cases where the 30-minute average value of the automatically measured data exceeds the permissible emission levels, within 60 days from the date of termination of every half year) and the notice of payment of basic dues, within 60 days from the date of termination of the period for submission of data on the actual emission quantity during the period in which the basic dues are imposed: Provided, That the notice for payment may be issued immediately in case of emission facilities which are closed or of which ownership is transferred. (2) The Minister of Environment shall, when imposing dues (including adjusted dues under Article 34), notify the quantity of a pollutant on which the dues are imposed, amount imposed, period for payment, place for payment and other necessary matters in writing. In such cases, the period for payment of dues shall be 30 days from the date of issue of a notice for payment. Article 34 (Adjustment of Dues)

(1) In cases falling under any of the following subparagraphs, the Minister of Environment shall recalculate and adjust dues and when there is a difference between the amount already paid and adjusted amount, shall re-impose or refund the difference:

1. Cases where the emission period of pollutants or emitted substances which are the basis of the calculation of additional dues has changed because the order for improvement, order for suspension of operation, order for suspension of use, or order for closure is carried out or not carried out by the date of expiration of improvement period under Article 25 (1) or the estimated date of completion of performance of an order;

2. Cases where the emission quantity of a pollutant or emitted substance is found to differ from that measured on the first occasion as a result of re-measurement performed as it is deemed that the state of emission of pollutants, etc., measured on the first occasion has changed since . Air Quality

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the imposition of additional dues has; and

3. Cases where a business operator submitted an erroneously calculated actual emission quantity, due to negligence, or the Minister of Environment has erroneously adjusted the emission quantity within the permissible emission levels under Article 30. (2) In cases of adjusting additional dues pursuant to paragraph (1) 1, additional dues shall be calculated, considering the date of completion of improvement, which is determined by Ordinance of the Ministry of Environment or the date on which a report on the performance of an order is made under Article 22 (1) as the emission period of pollutants or substances emitted. (3) In cases of adjusting additional dues pursuant to paragraph (1) 2, additional dues shall be calculated based only on the emission quantity re-measured during a period after the lapse of the date of re-checking. (4) The imposition of adjusted amount of additional dues or refund of additional dues under paragraph (1) 1 shall be executed within 30 days after the date of confirmation as to whether an order for completion of improvement, order for suspension of operation, order for suspension of use or order for completion of closure has been performed with respect to the relevant emission facilities or preventive facilities. (5) In cases of adjusting basic dues under paragraph (1) 3, basic dues shall be calculated based on the materials submitted at the time of application for permission for the installation of emission facilities, report on installation or report on alteration under Article 23 (1) through (3) of the Act, record of operation of emission facilities or preventive facilities under Article 31 (2) of the Act, record of self-measurement under Article 39 (1) of the Act, the result of inspection under Article 82 of the Act, etc.

(6) The Minister of Environment shall, when imposing or refunding under paragraph (1), notify the amount, time, place and other necessary matters in writing. Article 35 (Application for Adjustment of Dues)

(1) A business operator who is ordered to pay dues (hereinafter referred to as a "payer of dues") may apply for the adjustment of dues, when falling under any subparagraph of Article 34 (1). (2) The application for adjustment referred to in paragraph (1) shall be made within 30 days from the date of receipt of notice for payment of dues. (3) The Minister of Environment shall, when receiving an application for adjustment, notify the applicant of the result thereof within 30 days.

(4) The application for adjustment referred to in paragraph (1) shall not affect the period for payment of dues.

Article 36 (Postponement of Collection of Dues, Payment of Dues in Installments, and Procedure for Collection of Dues)

(1) In cases where a payer of dues is deemed unable to pay the dues due to causes falling under any of the following subparagraphs before the deadline for payment of such dues, the Minister of Environment may postpone the collection of such dues or have him/her pay the dues in installments. The same shall apply to amounts in arrears:

1. Cases where the property of a business operator has sustained serious loss due to natural disaster or other accidents;

2. Cases where the business operator is in crisis, sustaining considerable loss in his/her business;

3. Other cases where the postponement of collection or payment in installments is inevitable due Reproduced from statutes of Republic of Korea

to causes similar to those under subparagraph 1 or 2; and

4. Cases where the amount imposed exceeds ten million won (applicable only to cases of basic dues). (2) The postponement of collection under paragraph (1) shall comply with the grace period of collection and the number of installment payments during such period as classified in each of the following subparagraphs:

1. Additional dues: Within one year from the date following the date of postponement, and up to six installments; and

2. Basic dues: The period from the date following the date of postponement to the day preceding the date on which the imposition period begins, and up to four installments. (3) In cases where the amount of dues is two times the capital or total investment (in cases of a private business operator, the total amount of asset) of the person responsible for the payment of dues, if it is deemed difficult to collect the dues even within the grace period of collection under paragraph (2) due to causes referred to in paragraph (1), the person responsible for the payment of dues shall be encouraged to pay the dues by extending the grace period for collection and increasing the number of installment payments.

(4) The grace period for collection under paragraph (3) shall be three years from the date following the date of postponement, and the number of installment payments shall be within 12 times. (5) In cases where the Minister of Environment postpones the collection of dues under paragraph (1) or (3), he/she may demand a security equivalent to the amount of payment postponed. (6) In cases where the relevant person responsible for payment falls under any of the following subparagraphs, the Minister of Environment may revoke the postponement of collection and collect the amount in arrears:

1. Cases where he/she has failed to pay the amount in arrears by the deadline for payment;

2. Cases where he/she has failed to comply with an order of the Minister of Environment necessary for the alteration of securities or preservation of securities; and

3. Cases where it is deemed unnecessary to postpone collection due to changes in the state of property or other circumstantial changes.

(7) A person who intends to be allowed the postponement of collection or to pay installment payments of dues or amount in arrears under paragraph (1) or (3) shall submit an application for postponement of collection of dues or an application for installment payments of dues to the Minister of Environment. (8) The deadline for and amount of installment payments of dues and other matters necessary for the imposition and collection of dues shall be determined by the Minister of Environment. Article 37 (Grants of Collection Expenses)

(1) The Minister of Environment shall, when he/she has delegated the collection of dues and surcharges to the Mayors/Do governors under Article 35 (8) of the Act, grant the amount of dues and surcharges that the Mayors/Do governors collected or an amount equivalent to 10/100 of adjusted dues and surcharges under Article 35 to the Mayors/Do governors as collection expenses. (2) The Minister of Environment shall calculate each month the collection expenses under paragraph (1) in the dues and surcharges paid to the special accounts for environmental improvement under the Act on Special Accounts for Environmental Improvement and pay them to the relevant Mayor/Do governor by the following month.

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Article 38 (Imposition of Dues)

The term "cases prescribed by Presidential Decree" in the part other than the subparagraphs of Article 37 (1) of the Act means cases falling under any of the following subparagraphs:

1. Cases of producing products for the purposes of exportation to a foreign country under letter of credit;

2. Cases where it is feared that an explosion or fire might occur because of causes, such as chemical reaction between materials and subsidiary materials, or products put into an emission facility as a result of the suspension of operation; and

3. Cases of producing products through melting or dissolving materials. Article 39 (Qualifications of Environmental Engineers and Term of Appointment) (1) In cases where a business operator intends to appoint an environmental engineer under Article 40 (1) of the Act, he/she shall make a report on the appointment in periods as classified in each of the following subparagraphs:

1. In cases of the first installation of emission facilities, at the time of making a report on the commencement of operation; and

2. In cases of appointing an environmental engineer through replacement, within five days from the date on which the cause thereof occurred: Provided, That in cases of a place of business which is required to appoint an environmental engineer qualified as a Grade or environmental engineer or higher in rank, if there occurs an inevitable cause which makes it difficult to employ an environmental engineer within five days, such place of business may appoint an environmental engineer based on the standards for Types and places of business in accordance with annexed Table 10 within the scope of 30 days.

(2) The standards for qualification of environmental engineers to be employed by place of business under Article 40 (1) of the Act shall be as mentioned in annexed Table 10. CHAPTER REGULATIONS OF EMISSION OF AIR POLLUTANTS IN LIVING ENVIRONMENT

Article 40 (Use of Low-Sulfur Oil)

(1) The Minister of Environment shall determine and announce the areas to be supplied with oils for fuel (hereinafter referred to as "low-sulfur oil"), of which sulfur content level under Article 41 (1) of the Act (hereinafter referred to as the "sulfur content level") has been determined and facilities to use such oils for fuel, considering the level at which the environmental standards are maintained under Article 10 of the Framework Act on Environmental Policy, regional characteristics, etc. (2) Under Article 41 (4) of the Act, the Minister of Environment or the Mayor/Do governor shall order a person who supplies or sells oil exceeding the sulfur content level to an area or facility announced under paragraph (1) not to supply or to recover such oil and shall order a person who uses such oil not to use such oil.

(3) A person who has received an order for recovery or prohibition from the use of the relevant oil under paragraph (2) shall submit a report on the completion of performance stating the matters in each of the following subparagraphs to the Minister of Environment or the Mayor/Do governor within Reproduced from statutes of Republic of Korea

five days from the date of receipt of such order:

1. The supply period or the use period, or the quantities of supply or use of the relevant oil;

2. The quantity, method and period of recovery of the relevant oil; and

3. Matters concerning materials, etc. to verify the supply or use of low-sulfur oil. (4) The term "places of business determined by Presidential Decree" in Articles 41 (4) and 44 (1) of the Act shall be places of business listed in annexed Table 11. Article 41 (Use of Fuels other Than Low-Sulfur Oil) The Minister of Environment or the Mayor/Do governor may permit low-sulfur oil-using facilities located in low-sulfur oil-supplied areas under Article 40 (1), which fall under any of the following subparagraphs, to use fuels other than low-sulfur oil:

1. Facilities using by-product gases under Article 32 (1) 2 or waste heat recognized by the Minister of Environment;

2. Facilities exempted from the imposition of dues through installation of the optimum preventive facilities under Article 32 (3); and

3. Other facilities, such as facilities which emit sulfur oxides below permissible emission levels which apply to the relevant facilities using low-sulfur oils when using fuels other than low-sulfur oils, and have obtained permission for the installation of emission facilities or permission for alteration or have made a report on installation or report on alteration under Article 23 of the Act. Article 42 (Prohibition from Use of Solid Fuel, etc.) (1) In order to prevent air pollution caused by the use of fuel, the Minister of Environment or the Mayor/Do governor may restrict the use of solid fuels in each of the following subparagraphs in areas which he/she announces through consultation with the heads of relevant central administrative organs from among areas which exceed or are feared to exceed the environmental standards under Article 10 of the Framework Act on Environmental Policy under Article 42 of the Act: Provided, That in cases of subparagraph 3, restrictions may be imposed only on cases where it is particularly necessary to prohibit relevant areas from the use of such fuels:

1. Coal;

2. Coke;

3. Firewood and charcoal; and

4. Others, such as combustible wastes including plastic refuse, etc. as determined by the Minister of Environment, or fuels produced through processing such materials. (2) The Minister of Environment or the Mayor/Do governor shall order business operators in areas prescribed in paragraph (1) not to use solid fuels: Provided, That the same shall not apply to business operators with facilities falling under any of the following subparagraphs:

1. Smelting furnaces, etc. in a foundry or iron and steel mill in which mineral solid fuels have to be used in the process of melting fuels for manufacturing;

2. A kiln, etc. of cement, lime, etc., in which pollutants generated in the process of burning reduced considerably by means of suction, absorption, etc. in the manufacturing process;

3. Wastes disposal facilities (including facilities using wastes energy) under Article 2 of the Wastes Control Act; and

4. Facilities which emit pollutants below the permissible emission levels even when using solid fuels . Air Quality

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as referred to in paragraph (1) and approved by the Minister of Environment or the Mayor/Do governor for the use of solid fuels.

(3) If the owner or occupant of a facility under paragraph (2) 4 intends to use a solid fuel, he/she shall submit an application for approval for the use of solid fuels to the Minister of Environment or the Mayor/Do governor under conditions prescribed by Ordinance of the Ministry of Environment. Article 43 (Use of Clean Fuels)

(1) Under Article 42 of the Act, the Minister of Environment or the Mayor/ Do governor may, notwithstanding measures to restrict the use of fuels under Articles 40 and 42, order the areas which the Minister of Environment announces through consultation with the heads of relevant central administrative organs from among areas which exceed or are feared to exceed the environmental standards under Article 10 of the Framework Act on Environmental Policy or facilities not to use fuels other than gaseous fuels (hereinafter referred to as "clean fuels") which emit only minute amounts of pollutants, such as liquefied natural gas and liquefied petroleum gas. (2) The Minister of Environment or the Mayor/Do governor shall issue an order to prohibit petroleum refining business operators or petroleum selling business operators under the Petroleum and Petroleum Substitute Fuel Business Act from the supply or sale of oil for fuel to facilities required to use clean fuels.

(3) With respect to power plants, integrated energy supply facilities and heat supply facilities of scale below a specific size, etc. which are deemed to exert a significant influence over the supply and demand of clean fuels because of their excessive fuel use, or of which energy conservation has a substantial air pollution reduction effect, the Minister of Environment may have them use fuels other than gaseous fuels under conditions determined and prescribed by the Minister of Environment. Article 44 (Dust-Scattering Business)

The term "business prescribed by Presidential Decree" in Article 43 (1) of the Act means a business in each of the following subparagraphs, which is determined by Ordinance of the Ministry of Environment:

1. Manufacturing and processing businesses of cement, lime, plaster and cement-related products;

2. Extracting, manufacturing and processing businesses of non-metallic materials;

3. Manufacturing business of primary metals;

4. Manufacturing business of fertilizer and fodder products;

5. Construction business (limited to foundation works, building architecture and civil engineering works, and landscape architecture);

6. Transportation business of cement, coal, earth and sand, fodder, grain, and scrap iron;

7. Manufacturing business of transportation equipment;

8. Businesses requiring the installation of coal storage facilities;

9. Loading and unloading, and storage businesses of scrap iron, grain, fodder, timber, and ore; and

10. Manufacturing and processing businesses of metal products. Article 45 (Regulation of Volatile Organic Compounds, etc.) (1) The term "facilities prescribed by Presidential Decree" in Article 44 (1) of the Act means facilities in each of the following subparagraphs:

1. Manufacturing facilities, storage facilities and forwarding facilities for petroleum refining, manufacturing facilities, storage facilities and forwarding facilities of manufacturing businesses of petrochemicals; Reproduced from statutes of Republic of Korea

2. Storage facilities and forwarding facilities of oil reservoirs;

3. Storage facilities and pumping facilities of gas stations;

4. Cleaning facilities; and

5. Other facilities emitting volatile organic compounds, which the Minister of Environment announces through consultation with the heads of relevant central administrative organs. (2) The scale of facilities prescribed in each subparagraph of paragraph (1) shall be announced by the Minister of Environment in consultation with the heads of relevant central administrative organs. (3) The term "causes prescribed by Presidential Decree" in Article 45 (4) of the Act means causes falling under any of the following subparagraphs:

1. Cases where special technology in need is domestically unavailable; and

2. Cases of the occurrence of natural disaster or other cases deemed unavoidable by the Minister of Environment or the Mayor/Do governor.

CHAPTER REGULATION OF EXHAUST GASES FROM

AUTOMOBILES, SHIPS, ETC.

Article 46 (Kinds of Exhaust Gases)

The term "pollutants prescribed by Presidential Decree" in Article 46 (1) of the Act means substances classified in each of the following subparagraphs:

1. In cases of automobiles using gasoline, alcohol or gas: (a) Carbon monoxide;

(b) Hydrocarbon;

(d) Aldehyde; and

2. In cases of automobiles using light oil: (a) Carbon monoxide;

(b) Hydrocarbon;

(d) Smoke; and

(e) Granular matter.

Article 47 (Automobiles with Exemption from or Omission of Certification) (1) Automobiles which may be exempted from certification under the proviso to Article 48 (1) of the Act shall be as follows:

1. Automobiles used for special official purposes of the State, such as military duties, patrol service, etc. and automobiles for fire fighting;

2. Automobiles used by foreign embassies or diplomats in Korea, or persons treated similarly thereto for official purposes, as confirmed by the Minister of Foreign Affairs;

3. Automobiles used by members of foreign armies in Korea for official purposes;

4. Automobiles for exportation, and automobiles temporarily brought in by participants of expositions or other events similar thereto for exhibition purposes;

5. Automobiles temporarily brought in by travellers, etc. on condition that they bring them out after . Air Quality

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a certain period of time;

6. Automobiles imported by automobile manufacturers, automobile-related research institutes, etc. for purposes other than travelling, such as automobile development and exhibitions;

7. Automobiles using such fuels as electricity, sun light, hydrogen, etc. and not emitting exhaust gases as prescribed in Article 46; and

8. One automobile which a person who has resided abroad for not less than one year brings in as one of his/her articles of removal.

(2) Automobiles for which certification may be omitted under the proviso to Article 48 (1) of the Act shall be as follows:

1. Automobiles used by or for the training of national athletes, as confirmed by the Minister of Culture, Sports and Tourism;

2. Automobiles donated by foreign countries as a gift to domestic public institutions or nonprofit organizations;

3. Automobiles brought in by families of foreign diplomats or foreign soldiers in Korea for personal use;

4. Automobiles used for aircraft groundwork;

5. Automobiles that a person who does not have certification under Article 48 (1) of the Act manufactures, purchasing the engines of automobiles manufactured under such certification;

6. Automobiles for which certification may be omitted according to international agreement, etc.; and

7. Others, such as automobiles which the Minister of Environment deems necessary to omit certification. Article 48 (Kinds of Inspections on Permissible Emission Levels of Manufactured Automobiles) (1) With respect to manufactured automobiles, the Minister of Environment shall conduct inspections as classified in each of the following subparagraphs pursuant to Article 50 (1) of the Act:

1. Occasional inspection: Inspection conducted as occasion calls, to confirm at any time whether automobiles under construction are in conformity with the permissible emission levels for manufactured automobiles; and

2. Regular inspection: Inspection conducted periodically, based on the number of manufactured automobiles by model to confirm whether automobiles under construction are in conformity with permissible emission levels for manufactured automobiles.

(2) A person who is dissatisfied with the result of an inspection conducted under paragraph (1) may file an application for reinspection under conditions prescribed by Ordinance of the Ministry of Environment. Article 49 (Omission of Inspection on Permissible Emission Levels for Manufactured Automobiles) The regular inspection under Article 48 (1) 2 may be omitted pursuant to Article 50 (2) of the Act. Article 50 (Reports on Current Status of Correction of Defects and Current Status of Defective Parts) (1) In cases where an automobile manufacturer falls under all of the following subparagraphs under the main sentence of Article 53 (1) of the Act, he/she shall make a report on the current status of correction of defective parts to the Minister of Environment, ascertaining the contents of correction, etc. within 30 days after the end of each quarter, starting from the relevant quarter:

1. Cases where the number of cases requested for correction of defects for the same part of the same automobile model sold in the same year is 50 or more; and

2. Cases where the rate of cases requested for correction of defects against the number of automobiles Reproduced from statutes of Republic of Korea

sold in the same year (hereinafter referred to as the "rate of requests for correction of defects") is 4 percent or more.

(2) In cases where an automobile manufacturer falls under all of the following subparagraphs under the main sentence of Article 53 (1) of the Act, he/she shall make a report on the current status of defective parts to the Minister of Environment within 90 days from the end of each quarter, starting from the relevant quarter, ascertaining the cause of occurrence of defects, etc.:

1. Cases where the number of cases requested for correction of defects for the same part of the same automobile model sold in the same year is 100 or more; and

2. Cases where the rate of requests for correction of defects is 10 percent or more. (3) The period for making a report under paragraph (1) or (2) shall end in the quarter in which the warrant period of the relevant exhaust gas-related part terminates. (4) Details of reports under paragraphs (1) and (2), etc. shall be determined by Ordinance of the Minister of Environment.

Article 51 (Requirements for Mandatory Correction of Defects) (1) In cases where an automobile manufacturer falls under all of the following subparagraphs, he/she shall correct the defect of the relevant parts pursuant to the main sentence of Article 53 (2) of the Act:

1. Cases where the number of cases (referring to the number of cases of adjustment or replacement of parts due to defects in automobile construction; hereafter the same shall apply in this paragraph) of defective parts for the same part of the same automobile model sold in the same year is 50 or more; and

2. Cases where the rate of cases of defective parts against the number of automobiles sold in the same year is 4 percent or more.

(2) The mandatory correction of defects as referred to in paragraph (1) shall be limited to the exhaust gas guarantee period.

Article 52 (Calculation of Amount of Penalty Surcharges) The standards for calculation of sales amount and imposition of penalty surcharges according to the seriousness of violation under Article 56 (2) of the Act shall be as mentioned in annexed Table 12. Article 53 (Permissible Emission Levels for Automobiles in Operation) The permissible emission levels for automobiles in operation under Article 57 of the Act shall be determined by Ordinance of the Ministry of Environment through consultation with the heads of relevant central administrative organs by kind of exhaust gas as classified in each of the following subparagraphs:

1. Cases of load-free testing: (a) In cases of automobiles using gasoline, alcohol or gas, or mixture of these fuels: () Carbon monoxide;

() Exhaust pipe hydrocarbon; and

() Nitrogen oxide (referring to deemed nitrogen oxides by means of the measurement of the rate of surplus air); and

(b) In cases of automobiles using light oil or mixing light oil with gas: Smoke; and

2. Cases of load testing: (a) In cases of automobiles using gasoline, alcohol or gas, or mixture of these fuels: . Air Quality

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() Carbon monoxide;

() Exhaust pipe hydrocarbon; and

() Nitrogen oxide; and

(b) In cases of automobiles using light oil or mixing light oil with gas: Smoke. Article 54 (Areas to Implement Close Inspection of Exhaust Gases from Automobiles in Operation) The term "areas determined by Presidential Decree" in Article 63 (1) 2 of the Act means areas in each of the following subparagraphs:

1. Gwangju Metropolitan City, Daejeon Metropolitan City, Ulsan Metropolitan City and Yongin-si; and

2. Cheongju-si, Cheonan-si, Jeonju-si, Pohang-si, and Changwon-si. Article 55 (Usage of Penalty Surcharges)

The usage of penalty surcharges under Article 67 (3) of the Act shall be as follows:

1. Expenses necessary for conducting demonstration projects and outsourcing research work for the reduction of automobile exhaust gases;

2. Expenses necessary for the purchase, installation and operation of measuring equipment and facilities for automobile exhaust gases; and

3. Expenses necessary for public relations such as guidance on inspection, free measurement, etc. of automobile exhaust gases.

Article 56 (Method of Inspection of Automobile Fuels or Additives) (1) The method of inspection as to whether automobile fuels and additives under Article 74 (1) of the Act are in conformity with the standards for manufacturing shall comply with the Environmental Examination and Inspection Act, and the standards for items which are not air pollutants, but which exert influence on air pollution from among the standards for manufacturing shall comply with the methods of inspection in each of the following subparagraphs:

1. The Korean Industrial Standards under Article 12 of the Industrial Standardization Act; and

2. Other inspection methods determined and announced by the Minister of Environment. (2) Matters concerning the time, etc. of inspection by kind of automobile fuel and additive under paragraph (1) shall be determined and announced the Minister of Environment. Article 57 (Procedure for Inspection of Automobile Fuels or Additives) (1) A person who intends to receive inspection of an automobile fuel or additive under Article 74 (1) of the Act shall submit an application for inspection of automobile fuels or additives to the Minister of Environment or an inspection institution under Article 74 (4) of the Act, attaching specimens and documents in each of the following subparagraphs thereto:

1. Test specimen;

2. Ingredient analysis confirming the composition rates of chemical substances in a test specimen;

3. Document confirming the identity of the maker or importer; and

4. Material confirming the maximum addition ratio (limited to additives). (2) The Minister of Environment or an inspection institution under Article 74 (4) of the Act shall, when it is recognized that an automobile fuel or additive was manufactured in conformity with the standards referred to in Article 74 (1) of the Act as a result of inspection, issue a certificate of inspection. Reproduced from statutes of Republic of Korea

Article 58 (Standards for Designating Inspection Institutions of Automobile Fuel or Additives) (1) Technical capabilities and inspection equipment which a person who intends to be designated as an inspection institution of automobile fuels under Article 74 (4) of the Act is required to have shall be as mentioned in annexed Table 13.

(2) Technical capabilities and inspection equipment which a person who intends to be designated as an inspection institution of additives under Article 74 (4) of the Act is required to have shall be as mentioned in annexed Table 14.

(3) In cases of a person who intends to be designated both as an inspection institution of automobile fuels and as an inspection institution of additives, he/she may not have overlapping technical capabilities and inspection equipment.

Article 59 (Classification of Inspection Institutions of Automobile Fuels or Additives) (1) Inspection institutions of automobile fuels under Article 74 (4) of the Act shall be classified as follows according to the kinds of fuels subject to inspection:

1. Inspection institutions of gasoline and light oil; and

2. Inspection institutions of LPG. (2) Inspection institutions of additives under Article 74 (4) of the Act shall be classified as follows according to the kinds of additives subject to inspection:

1. Inspection institutions of additives for gasoline and light oil; and

2. Inspection institutions of additives for LPG. Article 60 (Kinds of Air Pollutants from Ships)

The term "air pollutants prescribed by Presidential Decree" in Article 76 (1) of the Act means nitrogen oxides.

CHAPTER SUPPLEMENTARY PROVISIONS

Article 61 (Purpose, Procedure and Method for Financial Support) (1) Financial support under Article 81 (3) of the Act shall be provided for the purposes in each of the following subparagraphs:

1. Yellow dust-related research work; and

2. Domestic and overseas projects for the prevention of damage caused by yellow dust. (2) A corporation or organization which intends to receive financial support shall make an application for financial support to a competent government office by December 31 each year. (3) A competent government office which has received an application under paragraph (2) shall determine whether to provide financial support, consulting with relevant government offices and undergoing deliberation by the Committee.

Article 62 (Cooperation with Related Organs)

The term "matters determined by Presidential Decree" in subparagraph 7 of Article 83 of the Act means matters in each of the following subparagraphs:

1. Restoration of land damaged by installing tourist facilities or industrial facilities, etc. to its original state;

2. Regulation of fuels by automobile model; . Air Quality

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3. Regulation of the engine power by automobile model; and

4. Matters to restrict the power sources of automobiles used in a specific zone for a specific use to electricity, solar energy, hydrogen, natural gas, etc. Article 63 (Delegation of Authority)

(1) The Minister of Environment shall delegate his/her authority in each of the following subparagraphs to Mayors/Do governors under Article 87 (1) of the Act:

1. Granting permission for the installation of emission facilities and permission for alteration, and acceptance of reports on installation and reports on alteration under Article 23 of the Act;

2. Acceptance of reports on the commence of operation of emission facilities and preventive facilities under Article 30 (1) of the Act;

3. Issuance of orders to take measures under Article 32 (5) of the Act;

4. Issuance of orders for the suspension of operation under Article 32 (6) of the Act;

5. Issuance of orders for improvement under Article 33 of the Act;

6. Issuance of orders for the suspension of operation, etc. for emission facilities under Article 34 of the Act;

7. Imposition and collection of dues under Article 35 of the Act;

8. Revocation of permission, and issuance of orders for closure and suspension of operation of emission facilities under Article 36 of the Act;

9. Imposition and collection of penalty surcharges under Article 37 of the Act;

10. Measures for closing of unlawful facilities, etc. under Article 38 of the Act;

11. Authority in each of the following items over the places of business in annexed Table 11: (a) Issuance of orders to take measures under Article 41 (4) of the Act; (b) Issuance of orders to take measures and granting approval under Article 42 of the Act; (c) Acceptance of reports on installation and reports on alteration of facilities emitting volatile organic compounds under Article 44 (1) and (2) of the Act; (d) Issuance of orders to take measures under Articles 44 (7) and 45 (5) of the Act; (e) Granting approval on the extension of periods under Article 45 (4) of the Act; and (f) Issuance of orders to report, etc. to and inspections on a person falling under Article 82 (1) 2 through 5 of the Act;

13. Issuance of orders to report, etc. to and inspections on a person falling under Article 82 (1) 1 of the Act;

14. Holding public hearings on delegated authority from among the authority in each subparagraph of Article 85 of the Act;

15. Imposition and collection of fines for negligence under Article 94 of the Act (excluding imposition and collection of fines for negligence on and from persons falling under Article 82 (1) 6, 9, and 10 of the Act from among fines for negligence under Article 94 (2) 9 of the Act); and

16. Receipt of improvement plans under Article 21 (3) and (4). (2) The Minister of Environment shall delegate his/her authority in each of the following subparagraphs to the president of the river basin environmental office, the president of the regional environmental office or the president of the metropolitan air quality management office under Article 87 (1) of the Act:

Reproduced from statutes of Republic of Korea

1. Installation of measuring networks and regular measurement of the degree of air pollution under Article 3 (1) of the Act;

2. Determination, alteration, announcement and inspection of measuring network installation plans under Article 4 (1) of the Act;

3. Expropriation and use of land, etc. under Article 5 (1) of the Act;

4. Receipt and evaluation of statements of results of promotion of programs under Article 19 (3) through (5) of the Act and the authority to entrust works to professional institutions;

5. Regulation on the manufacturing, sale or use of fuels or additives under Article 74 (3) of the Act;

6. Issuance of orders for suspension under Article 75 (2) of the Act; and

7. The authority for issuance of orders to make reports, submission of materials, entrance, confirmation, inspection, etc. under Article 82 (1) 9 of the Act. (3) The Minister of Environment shall delegate his/her authority in each of the following subparagraphs to the president of the National Institute of National Research under Article 87 (1) of the Act:

1. Receipt of reports under Article 3 (2) of the Act;

2. Certification and certification for alteration, revocation of certification and holding public hearings thereon (applicable only to imported automobiles) under Articles 48 (1) and (2), 55, and 58 of the Act;

3. Inspection, omission of inspection, and orders for suspension of sale and forwarding of automobiles (applicable only to imported automobiles) under Article 50 (1), (2) and (6) of the Act;

4. Inspections for confirmation of defects under Article 51 of the Act and selection of automobiles necessary for such inspection;

5. Inspections to determine whether the standards for manufacturing are satisfied under Article 74 (1) of the Act; and

6. Authority over the designation of inspection institutions, etc. under Article 74 (4) and (7) of the Act.

Article 64 (Supervision of Duties according to Delegation of Authority) (1) Notwithstanding Article 63 (1), the Minister of Environment may, when he/she deems particularly necessary to manage air pollution affecting a wide area, check or confirm matters in violation of Acts and subordinate statutes, such as whether permissible emission levels are being observed, and or have the president of the river basin environmental office and the president of the regional environmental office check and confirm such matters.

(2) In cases where the Minister of Environment, the president of the river basin environmental office or the president of the regional environmental office has discovered a place of business in violation of Acts and subordinate statutes as a result of checkup and confirmation under paragraph (1), he/she shall notify the competent Mayor/Do governor of the details thereof and his/her opinions on measures to be taken.

(3) The competent Mayor/Do governor to whom a notice is issued under paragraph (2) shall take measures therefor and report or notify the results thereof to the Minister of Environment, the president of the river basin environmental office or the president of the regional environmental office. Article 65 (Reports)

(1) The Mayor/Do governor, the president of the river basin environmental office, the president of . Air Quality

2. Enforcement Decree of the Clean Air Conservation Act 383

the regional environmental office or the president of the National Institute of Environmental Research shall, when he/she handled affairs delegated under Article 87 (1) of the Act, make a report on the details thereof to the Minister of Environment under conditions prescribed by Ordinance of the Ministry of Environment.

(2) The Mayor/Do governor shall, when he/she has issued an order for the suspension of operation, revoked permission, etc. under Articles 34 and 36 of the Act, make a report on such fact to the Minister of Environment and heads of relevant central administrative organs without delay. Article 66 (Entrustment of Authority)

(1) Pursuant to Article 87 (2) of the Act, the Minister of Environment shall entrust the operation of computer networks and duties concerning technical assistance provided to business operators under Article 32 (7) of the Act to the Environmental Management Corporation established under the Environmental Management Corporation Act.

(2) Pursuant to Article 87 (2) of the Act, the Minister of Environment shall entrust his/her authority for the training of environmental engineers under Article 77 of the Act to the Environmental Preservation Association established under Article 38 of the Framework Act on Environmental Policy. (3) The president of the Environmental Management Corporation and the president of the Environmental Preservation Association shall, when they handled the duties entrusted under paragraphs (1) and (2), report the details thereof to the Minister of Environment under conditions prescribed by Ordinance of the Ministry of Environment.

Article 67 (Imposition of Fines for Negligence)

(1) The Minister of Environment, the Mayor/Do governor, or the head of Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) shall, when he/she imposes a fine for negligence under Article 94 (3) of the Act, issue a notice of payment to a person subject to disposition of a fine for negligence in writing, stating the fact of violation, method of raising objections, and period for raising objections in detail after investigating and confirming the relevant violation. (2) The Minister of Environment, the Mayor/Do governor, or the head of Si/Gun/Gu shall, when imposing a fine for negligence under paragraph (1), offer an opportunity to make an oral or written statement (including electronic documents) of opinions to the person subject to disposition of a fine for negligence, fixing a period not shorter than ten days. In such cases, when the person subject to disposition of a fine for negligence fails to make a statement of opinions by the fixed date, he/she shall be considered to have no other opinion.

(3) The Minister of Environment shall, when determining the amount of a fine for negligence, take into account the motive, consequences, etc. of the relevant violation. (4) The procedure for collection of fines for negligence shall be determined by Ordinance of the Ministry of Environment.

ADDENDA

Article 1 (Enforcement Date)

This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 2 of Article 54 shall enter into force on January 1, 2008, the amended provisions Reproduced from statutes of Republic of Korea

of Article 60 (applicable only to diesel engines in the range from not less than 130 kilowatts to less than 294 kilowatts from among small diesel engines according to the proviso to Article 1 of the Addenda of the partially amended Clean Air Conservation Act (Act No. 7779)) on June 29, 2009 and the amended provisions of Article 45 (1) 3 on the date determined by Ordinance of the Ministry of Environment. Article 2 (Applicability to Restrictions on Installation of Emission Facilities) (1) The amended provisions of subparagraph 1 of Article 12 shall apply, commencing from the emission facilities first installed after August 31, 1996 which is the enforcement date of subparagraph 1 of Article 5 of the amended Enforcement Decree of the Clean Air Conservation Act (Presidential Decree No. 15143).

(2) The amended provisions of subparagraph 2 of Article 12 shall apply, commencing from the emission facilities first installed after January 1, 2004 which is the enforcement date of subparagraph 2 of Article 5 of the amended Enforcement Decree of the Clean Air Conservation Act (Presidential Decree No. 18042).

Article 3 (Applicability to Report on Current Status of Correction of Defects and Defective Parts and Requirements for Mandatory Correction of Defects)

The amended provisions of Articles 50 and 51 shall apply, commencing from the automobiles forwarded after January 1, 2007.

Article 4 (Transitional Measures for Approval on Use of Fuels) In cases where the use of fuels other than low-sulfur oil, or solid fuels is allowed under the former provisions as of January 1, 1998 which is the enforcement date of the amended Enforcement Decree of the Clean Air Conservation Act (Presidential Decree No. 15583), the permission or reports under subparagraph 3 of Article 41 or approval under Article 42 (2) 4 shall be deemed to have been obtained or made.

Article 5 (Transitional Measures for Types of Places of Business) A place of business legally established or for which authorization and permission have been obtained under other Acts and subordinate statutes as of June 30, 2003 which is the enforcement date of the amended Enforcement Decree of the Clean Air Conservation Act (Presidential Decree No. 18042) shall be deemed a place of business of the Type in conformity with the relevant Acts and subordinate statutes, despite the amended provisions of annexed Table 10. Article 6 (Transitional Measures for Installation of Watt-Hour Meter) Emission facilities to be installed with automatic smokestack measuring devices by December 31, 2007 under the proviso to Article 7 (1) of the Addenda from among emission facilities which have been installed and are in operation after obtaining permission for installation or making a report on installation before April 15, 2005 which is the enforcement date of the partially amended Enforcement Decree of the Clean Air Conservation Act (Presidential Decree No. 18788), and are installed with a preventive facility to which a watt-hour meter is to be installed under the amended provisions of Article 17 (2) shall be installed with a watt-hour meter by December 31, 2007. Article 7 (Transitional Measures for Installation of Automatic Smokestack Measuring Devices) (1) Emission facilities which have been installed and are in operation after obtaining permission for installation or making a report on installation before April 15, 2005 which is the enforcement date of the partially amended Enforcement Decree of the Clean Air Conservation Act (Presidential Decree . Air Quality

2. Enforcement Decree of the Clean Air Conservation Act 385

No. 18788), and are required to be installed with an automatic smokestack measuring device under the amended provisions of Article 17 (3) shall be installed with an automatic smokestack measuring device by December 31, 2005 and shall endeavor to normally transmit the results of measurement to the control center: Provided, That emission facilities under the amended provisions of subparagraph 1 (a) () through (), (b), (c) () a) (applicable only to decomposition facilities of heavy oil), (b) () b) (applicable only to dust from among measuring items), (b) () c) (applicable only to hydrochloric acid recovery facilities), (c) () d) (applicable only to nitrogen recovery and recycling facilities), (c) () a), (c) () b) (applicable only to dust from among measuring items), (c) (v) (applicable only to dust from among measuring items), (c) () and (), (d), (e), (f) () through (v), (i) (excluding continuous incineration facilities for household wastes), (j) and (k) of annexed Table 3 shall be installed with an automatic smokestack measuring device by June 31, 2007 and emission facilities under the amended provisions of item (f) () of the same subparagraph, which are cooling facilities for cement manufacturing facilities, by December 31, 2007, and shall endeavor to normally transmit the results of measurement to the control center.

(2) Notwithstanding paragraph (1), in cases of an emission facility under subparagraph 2 of annexed Table 8, which is found to constantly emit pollutants below 30 percent of the permissible emission level as a result of measurement of emission quantity on one or more occasions each month for one year before the expiration of the deadline for installation under paragraph (1), the installation of an automatic smokestack measuring device shall be postponed until the emission quantity increases by 30 percent or more of the permissible emission levels: Provided, That in cases where the emission quantity increases by 30 percent or more of the permissible emission levels, the emission facility shall be installed with an automatic smokestack measuring device within six months from such date and shall endeavor to normally transmit the results of measurement to the control center. Article 8 (Transitional Measures for Designation of Inspection Institutions of Automobile Fuels or Additives) An institution which has been designated as an inspection institution of automobile fuels or as an inspection institution of additives under conditions prescribed by the Minister of Environment before December 31, 2006 which is the enforcement date of the partially amended Enforcement Decree of the Clean Air Conservation Act (Presidential Decree No. 19770) shall be deemed an institution designated under the amended provisions of Article 58.

Article 9 (Transitional Measures for Administrative Disposition, etc.) Permission granted by administrative organs or other acts of administrative organs, or reports or other acts for administrative organs under the former provisions at the time this Decree enters into force shall be deemed acts of relevant administrative organs or acts for relevant administrative organs under this Decree.

Article 10 Omitted.

Article 11 (Relations with other Acts and Subordinate Statutes) In cases where other Acts and subordinate statutes have cited the provisions of the former Enforcement Decree of the Clean Air Conservation Act at the time this Decree enters into force, if the provisions corresponding thereto exist in this Decree, they shall be deemed to have cited the provisions corresponding thereto in this Decree in lieu of the former provisions. Reproduced from statutes of Republic of Korea

ADDENDA Article 1 (Enforcement Date)

This Decree shall enter into force on the date of its promulgation. Article 2 (Transitional Measures for Installation of Automatic Smokestack Measuring Device) (1) Emission facilities which have been installed or are under installation, obtaining permission, etc. under the former provisions at the time this Decree enters into force and have become emission facilities to be installed with automatic smokestack measuring devices under the amended provisions of subparagraph 1 of annexed Table 3 shall be installed with automatic smokestack measuring devices within six months (in cases where the installation of an automatic smokestack measuring device is required to measure dust of the facilities under subparagraph 1 (a) () of annexed Table 3 and in cases where the same place of business required to be newly installed with an automatic smokestack measuring device has ten or more outlets, within one year) and shall endeavor to normally transmit the results of measurement to the control center.

(2) In cases of an emission facility under annexed Table 8, of which emission quantity of a pollutant (limited to dust and sulfur oxides) measured on one or more occasions each month for one year six months before the expiration of the time limit for installation under paragraph (1) is continually less than 30 percent of the permissible emission levels, an automatic smokestack measuring device may not be installed, notwithstanding paragraph (1): Provided, That the emission quantity of a pollutant has increased by 30 percent or more of the permissible emission levels, an automatic smokestack measuring device shall be installed within six months from such date. ADDENDA Article 1 (Enforcement Date)

This Decree shall enter into force on the date of its promulgation. Articles 2 and 3 Omitted.

ADDENDA Article 1 (Enforcement Date)

This Decree shall enter into force on May 26, 2008. Articles 2 through 6 Omitted.

ADDENDA Article 1 (Enforcement Date)

This Decree shall enter into force on the date of its promulgation. Articles 2 through 4 Omitted.

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