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National Assembly Legislation

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  • [환경] Clean Air Conservation Act
    • Competent Ministry : Ministry of Environment
    • Advance Publication of Legislation : 2018-04-05
    • Opinion Submission Deadline : 2018-04-19
Reasons for Proposal

Particle pollution is becoming increasingly serious. In response, emergency measures against high concentration were recently implemented in the Seoul metropolitan area but there are still no legal grounds and a single day of implementation lacks effectiveness.

Although the emission of particulates and other air pollutants is undermining the health of the people and incurring costs for the installation of purifiers, etc., in educational and care facilities, etc., such matters are not reflected in the calculation criteria for air pollutant emission charges. Not only are emission charges excessively low, but they are also inconsistent with the principles of polluter-pays and internalization of environmental costs.

Air pollutant emission charges are imposed and collected not by delegation by the Minister of Environment, but by the exclusive authority of Mayors and Do Governors in accordance with the Act. Nonetheless, the charges are reverted to the National Treasury and only a collection fee (approximately 10%) is granted to local governments. This is contrary to the shift towards strengthened local financial autonomy in an era of local decentralization and undermines the capacity of local governments to respond to particulates and other air pollution.

Moreover, a growing public interest in particle pollution and health damage has resulted in greater demand for on-site measurements of particulates, but the lack of a certification system for passive samplers is increasingly inconveniencing users. 

Details

 A. Prescribe that response measures against particulates and other air pollutants shall be based on predicted values (forecasts) and shall be divided into preventive reduction measures, which are implemented for a certain period in advance, and emergency response measures, which are taken when actual measurements indicate a high level of pollution (Article 8-2 and Article 8-3 newly inserted)

B. Reflect damage to human health and other costs to society in the calculation criteria for air pollutant emission charges (Article 35)
C. Delete provisions concerning the reversion of emission charges, etc., to the National Treasury, and stipulate that the charges shall be revenues of local governments that impose and collect the charges (Article 35 and Article 37)

D. Ensure the reliability of passive samplers, address user inconvenience, and strengthen the people’s right to know by introducing a rating and certification system for passive particulate samplers (Article 77-4 newly inserted)

 

Major Provisions

Any passive particulate sampler that has not been rated and certified shall not be manufactured or imported (Article 77-4).

 

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