The Special Act on Fine Dust Reduction and Management (the “Special Act”) was enacted on August 14, 2018, and took effect as of February 15, 2019.  The Presidential Decree and Enforcement Regulations were also enacted and took effect as of February 15, 2019. 

Details:

The key provisions of the Special Act and subordinate regulations are: 

If the concentration of micro-fine dusts is expected to reach a specific level as determined by the Minister of Environment, the mayor or governor in the area of concern may take any of the following emergency measures to reduce fine dust (Article 18 of the Special Act): 

(i) Restrict vehicle use; 

(ii) Order air pollutant-emitting facilities to change its operating hours or rate of production, or to improve efficiency of air pollutant preventive facilities on-site; and 

(iii) Order to change the hours of construction activities. 

The industry and air pollutant-emitting facilities that are subject to the emergency measures for fine dust reduction according to the Korea Standard Industrial Classification are as follows: 

(i)    Sintering furnace or roaster installed at a primary metal manufacturing facility;

(ii)    Heating facilities installed at a petroleum refining facility;

(iii)    Heating facilities installed at an organic chemical manufacturing facility;

(iv)    Firing and pulverizing facilities installed at a cement manufacturing facility; 

(v)    Power production facilities using solid fuel (excluding supply facilities of collective energy businesses in industrial zones); and 

(vi)    Other air pollutant-emitting facilities designated by the Minster of Environment after consulting with the relevant central administration agency.

The mayor or governor in the concerned area must establish detailed plans (e.g., for adjusting operating hours and production rate) regarding the relevant facilities by consulting with the Minister of Environment and Minister of Trade, Industry and Energy (Article 12 of the Presidential Decree).

Implications:

It is expected that the business facilities that are subject to the emergency measures described above will be ordered to adjust their operating hours or production rate when the fine dust level reaches a certain level.  As the details of the specific measure will be determined by the mayor or governor of the concerned area, it will be important to monitor the status of the legislation and stay updated on future developments.