ENFORCEMENT RULE OF THE CHEMICAL SUBSTANCES CONTROL ACT

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ENFORCEMENT RULE OF THE CHEMICAL SUBSTANCES CONTROL ACT — 법갈피

Article 4(Statistical Survey of Chemical Substances) #

(1) The subject matter of a statistical survey of chemical substances (hereinafter referred to as "statistical survey of chemical substances") under Article 10 (1) of the Act shall be as follows: <Amended on Jan. 17, 2018>

1. A place of business which has been granted permission for or reported on the establishment of a discharge facility pursuant to Article 23 (1) of the Clean Air Conservation Act or Article 33 (1) of the Water Environment Conservation Act;

2. A place of business which manufactures, preserves, stores, uses, exports or imports chemical substances;

3. Other subject matters publicly notified by the Minister of Environment as those deemed necessary for a statistical survey of chemical substances.

(2) The content of a statistical survey of chemical substances shall be as follows:

1. General information on business entities, such as the types of business, the names of business entities, the locations of workplaces and inflow drainage systems;

2. Kinds, uses, product names, and handling quantities of chemical substances which business entities manufacture, import, sell, use and otherwise handle;

3. Quantities of distribution, such as quantities warehoused and released, quantities stored and preserved and quantities exported and imported of chemical substances;

4. Deleted; <May 30, 2017>

5. Information related to the kinds, locations and scales of chemical substance handling facilities;

6. Other information publicly notified by the Minister of Environment as those deemed necessary for a statistical survey of chemical substances.

(3) The head of a river basin environmental office or the head of a local environmental agency (hereinafter referred to as "head of a local environmental agency") may, if deemed necessary for statistical surveys, request the Association to provide support for the relevant affairs.

(4) Where the head of a local environmental agency conducts an investigation of the current status pursuant to Article 10 (4) of the Act, he or she shall prepare an investigation plan including the purpose, period, items and content of such investigation, and the treatment and utilization of the results thereof, and shall then inform persons subject to the investigation in advance.

(5) Except as otherwise provided in paragraphs (1) through (4), matters necessary for the methods, procedures, etc. of statistical surveys of chemical substances shall be determined and publicly notified by the Minister of Environment.

Article 5(Survey of Volume of Chemical Substance Discharges) #

(1) Where the head of a local environmental agency conducts a survey of the volume of chemical substance discharges under Article 11 (1) of the Act (hereinafter referred to as a "survey of the volume of chemical substance discharges"), he or she shall comply with a survey plan determined and publicly notified by the Minister of Environment.

(2) A survey plan under paragraph (1) shall include the following matters:

1. Matters concerning such chemical substances and handling facilities as are subject to the survey;

2. Matters concerning the business types, scale and areas of such business entities as are subject to the survey;

3. Matters concerning methods, procedures and implementation system for the survey;

4. Matters concerning the methods for preparing and submitting questionnaires;

5. Matters concerning the treatment and utilization of survey results;

6. Other matters necessary for the survey of the volume of chemical substance discharges.

(3) If necessary for a survey of the volume of chemical substance discharges, the head of a local environmental agency may request the Association to provide support for the relevant affairs.

(4) On the basis of the results of a survey of the volume of chemical substance discharges conducted by the head of any local environmental agency, the President of the National Institute of Chemical Safety shall formulate and implement a plan for inducing a reduction in discharges from places of business in consultation with the head of the local environmental agency.

(5) Such standards for the calculation of the volume of chemical substance discharges as necessary for a survey of the volume of chemical substance discharges shall be classified according to chemical substances, handling facilities, discharge facilities, handling methods, etc., and in surveying the volume of chemical substance discharges, it shall be required to actually measure the volume of chemical substance discharges or use the calculation coefficient, etc. determined based upon the ratio of input quantities and the volume of chemical substance discharges.

(6) The calculation standards, calculation efficient, etc. of the volume of chemical substance discharges under paragraph (5) shall be determined and publicly notified by the Minister of Environment.

Article 5-2(Preparation and Submission of Release Reduction Plan of Chemical Substances) #

(1) "A place of business prescribed by Ordinance of the Ministry of Environment" in Article 11-2 (1) of the Act means a place of business which meets each of the following requirements:

1. A place of business which discharges at least one ton of chemical substances annually from among those publicly notified and determined by the Minister of Environment;

2. A place of business with at least 30 employees.

(2) A place of business under paragraph (1) shall prepare a release reduction plan including the following matters:

1. General information on a business operator, such as the types of business, the names of business, and the locations of a place of business;

2. Handling amount and handling process of chemicals subject to release reduction;

3. Source of release of chemical substances subject to release reduction (referring to a point where chemical substances are discharged in a specific place, such as a place of business where release facilities are installed, or where chemical substances are discharged in a large number or in a dispersed form in an unspecified place) and annual releases;

4. Measures for reduction of releases over the next five years and annual goals for reduction;

5. Performance results of a release reduction plan (excluding cases where a release reduction plan is formulated for the first time).

(3) The place of business referred to in paragraph (1) shall submit an application for inspection of a release reduction plan of chemical substances in attached Form 3-2 attached with a release reduction plan under Article 11-2 (1) of the Act (hereinafter referred to as "release reduction plan") to the President of the National Institute of Chemical Safety by April 30 of the second year from January 1 of the year in which one ton or more of chemical substances under paragraph (1) 1 are emitted.

(4) The President of the National Institute of Chemical Safety shall examine the submitted documents within 60 days from the date of receipt of inspection of a release reduction plan of chemical substances and a release reduction plan under paragraph (3) and notify the applicant of the details of compliance with the release reduction plan in attached Form 3-3 along with the results of examination of the plan.

(5) Where it is necessary to amend or supplement a release reduction plan submitted pursuant to paragraph (3), the President of the National Institute of Chemical Safety shall notify the applicant of the details of such amendment and supplement in the request for amendment or supplementation of the release reduction plan in attached Form 3-4. In such cases, the period from the date a request for amendment or supplement is filed to the date a request for submission of relevant materials shall not be included in the period for examination under paragraph (4).

(6) Except as otherwise provided in paragraphs (1) through (5), matters necessary for preparation, submission, examination, etc. of a release reduction plan shall be determined and publicly notified by the Minister of Environment.

[This Article Newly Inserted on Nov. 29, 2019]

Article 6(Procedures for Disclosure of Results of Surveys of Chemical Substances and Information) #

(1) The President of the National Institute of Chemical Safety shall notify in writing the person whose information on handling of chemical substances under Article 12 (2) of the Act (hereinafter referred to as "information on handling of chemical substances") shall be disclosed of the plan to disclose such information in attached Form 4. <Amended on May 30, 2017; Nov. 29, 2018>

(2) A person who intends not to disclose the results of a survey under Article 12 (1) of the Act or information on handling of chemical substances shall submit an application for deliberation on whether to disclose information on handling of chemical substances in attached Form 4-2 to the President of the National Institute of Chemical Safety together with the following documents, pursuant to Article 12 (3) of the Act: <Amended on Nov. 29, 2018>

1. Items of information for which an application for deliberation is filed for non-disclosure;

2. A statement of reasons for non-disclosure of each item on the application for deliberation and documents that can evidence the reasons for non-disclosure of each item;

3. A copy of a statistical survey of chemical substances.

(3) Upon receipt of an application for deliberation on whether to disclose information under Article 12 (3) of the Act, the President of the National Institute of Chemical Safety shall refer the application to the Deliberative Committee on Disclosure of Information on Chemical Substances under Article 12 (4) of the Act (hereinafter referred to as the "Deliberative Committee on Disclosure of Information on Chemical Substances") for deliberation and shall notify the person applying for deliberation of the results thereof in attached Form 4-3. <Newly Inserted on Nov. 29, 2018>

(4) Where a person has any objection to the results notified under paragraph (3), such person shall submit a written explanation on the disclosure of information in attached Form 5 to the President of the National Institute of Chemical Safety, within 15 days from the date he or she was notified of the results. <Newly Inserted on Nov. 29, 2018>

(5) The President of the National Institute of Chemical Safety shall refer the written explanation to the Deliberative Committee on Disclosure of Information on Chemical Substances for deliberation on whether to disclose the whole or part of the relevant information within 45 days from the date he or she receives the written explanation under paragraph (4). In such cases, a decision on such issue shall, notwithstanding Article 7 (4), require the concurring vote of at least 2/3 of the current members of the Deliberative Committee on Disclosure of Information on Chemical Substances. <Amended on May 30, 2017; Nov. 29, 2018>

(6) Where a decision is provided to disclose the whole or part of the information under paragraph (5), the President of the National Institute of Chemical Safety shall notify such decision to the submitter of the written explanation under paragraph (4) in attached Form 6 without delay. <Amended on Nov. 29, 2018>

(7) If no written explanation is submitted within the period specified in paragraph (4), the President of the National Institute of Chemical Safety shall disclose the relevant information according to the result of deliberation under paragraph (3). <Amended on Nov. 29, 2018>

(8) Except as otherwise provided in paragraphs (1) through (7), matters necessary for the procedure for the disclosure of the results of surveys of chemical substances and related information, the procedure for deliberation, etc. shall be determined and publicly notified by the Minister of Environment. <Newly Inserted on May 30, 2017; Nov. 29, 2018>

Article 7-2(Disqualification of, Challenge to, or Refrainment by Members) #

(1) A member of the Deliberative Committee on Disclosure of Information on Chemical Substances (hereinafter referred to as "member") who falls under any of the following shall be excluded from deliberations and decisions by the Committee: <Amended on Sep. 29, 2020>

1. Where the member or current or former spouse of such member is a person whose information shall be disclosed (if a person whose information shall be disclosed is a corporation or organization, its executive officers or employees shall be included; hereafter in this subparagraph and subparagraph 2, the same shall apply) or is a joint right-holder or joint obligor with the person whose information shall be disclosed;

2. Where the member is a current or former relative of a person whose information shall be disclosed;

3. Where the member was employed as an executive officer or employee of a corporation or organization whose information shall be disclosed for the preceding three years;

4. Where a member testifies, makes a statement, advises, researches, provides services, or makes an appraisal on an agenda related to the subject of disclosure;

5. Where a member or a corporation to which the member belongs is or was an agent of the subject of disclosure.

(2) Where any circumstances give rise to justifiable doubts as to the impartiality of a member in deliberation and resolution, a person whose information shall be disclosed may file an application for challenge to the member with the Deliberative Committee on Disclosure of Information on Chemical Substances, which shall render a decision thereon by its resolution. In such cases, the member against whom the application for challenge has been filed shall not participate in such resolution.

(3) Where a member finds that he or she is subject to disqualification for any ground under the subparagraphs of paragraph (1), he or she shall refrain from deliberation and resolution on the relevant agenda.

[This Article Newly Inserted on May 30, 2017]

Article 14(Permission to Manufacture, Import and Sell Prohibited Substances) #

(1) Any person who intends to manufacture, import or sell any reagent for experiments, research or testing, which constitutes a prohibited substance, for such intended purpose, pursuant to the proviso of Article 18 (1) of the Act shall submit an application for permission in attached Form 12 to the head of a local environmental agency, together with a plan for use and sale. <Amended on Sep. 29, 2020>

(2) The head of a local environmental agency who has received an application for permission under paragraph (1) shall issue a permit in attached Form 13 specifying the conditions and period of permission to the applicant, where, after hearing the opinions of the head of a local employment and labor agency, he or she deems it possible to approve the manufacture, import or use under Article 117 (2) 1 of the Occupational Safety and Health Act and to safely manage the relevant substance. <Amended on Sep. 29, 2020>

(3) The subject matters requiring permission for changes and a report on changes under Article 18 (2) of the Act shall be as follows:

1. Subject matters requiring permission for changes: Where any of the following matters has changed: Provided, That, in cases falling under item (b) or (c), permission for changes shall be required only where at least 20/100 of the quantity increases:

(a) The kind or content of the prohibited substance, the manufacture, import or use of which is permitted;

(b) An estimated quantity permitted;

(d) The use of the prohibited substance, the manufacture, import or use of which is permitted;

(e) The location of the place of business (excluding where an office is alone in the place of business);

2. Subject matters requiring a report on changes: The name and representative of the place of business, or the location of the office.

(4) Any person who intends to obtain permission for changes or report changes pursuant to Article 18 (2) of the Act shall submit an application for permission for changes or a report on changes in attached Form 14 to the head of a local environmental agency, together with the following documents. In such cases, where any change is made in the matters under paragraph (3) 2, he or she may submit the application within 30 days from the date the cause for such change occurs:

1. A document that may prove matters changed;

2. The original copy of the permit under paragraph (2).

(5) Where it is deemed that the use of the relevant substance is clear and the management thereof is possible, the head of a local environmental agency who has received an application for permission for changes or a report on changes under paragraph (4) shall issue a permit for changes or a certificate of a report on changes in attached Form 15 to the applicant, specifying the matters to be observed.

Article 15(Permission to Manufacture, Import, or Use Chemical Substances Subject to Permission) #

(1) Any person who intends to obtain permission to manufacture, import or use any substance subject to permission pursuant to Article 19 (1) of the Act shall submit an application for permission in attached Form 16 to the head of a local environmental agency, together with the following documents prepared according to the preparation methods determined and publicly notified by the Minister of Environment:

1. One copy of the details of the use of the chemical substance;

2. One copy of the data concerning the risks of the chemical substance;

3. One copy of the data concerning the analysis of an alternative to the substance subject to permission and the practicability thereof;

4. One copy of the data concerning a plan for replacement of the substance subject to permission.

(2) Where the head of a local environmental agency reviews the submitted data within 20 days from the date of receipt of an application provided in paragraph (1), with the exception of its subparagraphs, and finds that the requirements under the subparagraphs of Article 19 (4) of the Act are met, he or she shall issue to the applicant a permit in attached Form 17 specifying the permission number, the use, the limited period of manufacture, import and use, the matters to be observed and other related matters.

(3) Any person required to obtain permission again pursuant to Article 19 (6) of the Act shall submit to the head of a local environmental agency an application for re-permission in attached Form 18, together with the original copy of the permit under paragraph (2) and changes made in the information under Article 19 (1) 3 through 6 of the Act.

(4) Where the head of a local environmental agency reviews the submitted data within 10 days from the date of receipt of an application for re-permission under paragraph (3) and finds that the requirements under Article 19 (4) of the Act are met, he or she shall issue to the applicant a permit in attached Form 17 specifying the permission number, the use, the limited period of manufacture, import and use, and other related matters.

Article 16(Permission to Import Restricted Substances) #

(1) Any person who intends to obtain permission to import a restricted substance pursuant to Article 20 (1) of the Act shall submit an application for permission in attached Form 19 to the head of a local environmental agency, together with a detailed statement concerning the use of the restricted substance and a copy of the permit under Article 28 (1) (limited to where permission to conduct hazardous chemical substance business is granted).

(2) Where it is deemed that the use of the relevant substance is clear and the management thereof is possible, the head of a local environmental agency who has received an application for permission under paragraph (1) shall issue a permit in attached Form 20 to the applicant.

(3) The subject matters requiring permission for changes and a report on changes with respect to permission to import a restricted substance under Article 20 (4) of the Act shall be as follows:

(a) The kind or content of the restricted substance, the import of which is permitted;

(b) An estimated quantity permitted;

(d) The use of the restricted substance, the import of which is permitted;

(e) The location of the place of business (excluding where an office is alone in the place of business);

2. Subject matters requiring a report on changes: The name and representative of the place of business, or the location of the office.

(4) Any person who intends to obtain permission for changes or report changes with respect to permission to import a restricted substance pursuant to Article 20 (4) of the Act shall submit an application for permission for changes or a report on changes in attached Form 21 to the head of a local environmental agency, together with the following documents. In such cases, where reporting a change, he or she may submit a report within 30 days from the date the cause for such change occurs:

1. A document that may prove matters changed;

2. The original copy of the permit under paragraph (2).

(5) Where it is deemed that the use of the relevant substance is clear and the management thereof is possible, the head of a local environmental agency who has received an application for permission for changes or a report on changes under paragraph (4) shall issue a permit for changes or a certificate of a report on changes in attached Form 22 to the applicant, specifying the matters to be observed.

Article 18(Approval for Export of Restricted Substances or Prohibited Substances) #

(1) Any person who intends to obtain approval to export a restricted substance or prohibited substance pursuant to the former part of Article 21 (1) of the Act shall, with respect to each export country, submit every year an application for approval for export in attached Form 27 to the head of a local environmental agency before initially exporting the relevant substance, together with the following documents: <Amended on Sep. 29, 2020>

1. An export notification under Article 21 (2) 4 of the Act;

2. A material safety data sheet under Article 110 of the Occupational Safety and Health Act;

3. A certificate of guaranty of an exporter.

(2) The head of a local environmental agency who has received an application for approval for export under paragraph (1) shall issue an export notification under paragraph (1) 1 to the importing country.

(3) Where the importing country permits the import of the relevant chemical substance, the head of a local environmental agency shall issue a written approval for export in attached Form 28 to the applicant: Provided, That where the importing country does not permit the import, the head shall notify the applicant of the cause thereof.

(4) "Important matters prescribed by Ordinance of the Ministry of Environment" in the latter part of Article 21 (1) of the Act means the following:

1. The kind or content of the substance, the export of which is approved;

2. An estimated quantity of export approved (only where at least 50/100 of the quantity increases);

3. The name and representative of the place of business, or the location of the office.

(5) Any person who intends to obtain approval for changes pursuant to the latter part of Article 21 (1) of the Act shall submit an application for approval for changes in attached Form 29 to the head of a local environmental agency, together with the following documents. In such cases, where any change is made in the matters under paragraph (4) 3, he or she may submit the application within 30 days from the date the cause for such change has occurred:

1. A document that may prove matters changed;

2. The original copy of the written approval for export under paragraph (3).

(6) If any change has no effect on the import of the relevant chemical substance by the importing country, the head of a local environmental agency who has received an application under paragraph (5) shall issue a written approval for changes in attached Form 30 to the applicant.

Article 19(Preparation and Submission of Risk Management Plans) #

(1) A person who intends to install and operate a hazardous chemical substances handling facility pursuant to Article 23 (1) of the Act shall file an application for examination of a plan for the prevention and management of chemical accidents in attached Form 31 with the President of the National Institute of Chemical Safety by not later than 60 days before the commencement date of the inspection of the hazardous chemical substances handling facility pursuant to Article 24 (2) of the Act, along with the following documents:

1. A plan for the prevention and management of chemical accidents (hereinafter referred to as the "plan for the prevention and management of chemical accidents") under the main clause, with the exception of the subparagraphs, of Article 23 (1) of the Act;

2. Documents on the preparation and submission of a joint emergency response plan in attached Form 31-2 (shall be submitted only when the emergency response plan is jointly prepared).

(2) "Facilities falling under the standards prescribed by Ordinance of the Ministry of Environment" in Article 23 (1) 3 of the Act means any of the following facilities:

1. Facilities that transport and keep hazardous chemical substances by methods falling under the proviso to subparagraph 5 (d) of attached Table 1;

2. Facilities for handling hazardous chemical substances in a place of business that handle hazardous chemical substances less than the prescribed quantity of each hazardous chemical standard pursuant to attached Table 3-2;

3. A motor vehicle that transports hazardous chemical substances (excluding cases where hazardous chemical substances are loaded or unloaded in a vehicle);

4. Military bases under subparagraph 1 of Article 2 of the Protection of Military Bases and Installations Act and hazardous chemical handling facilities in military installations under subparagraph 2 of the same Article;

5. Facilities for handling hazardous chemical substances in medical institutions under Article 3 (2) the Medical Service Act;

6. Facilities for storing containers or packages containing hazardous chemical substances (limited to cases where a self-safety management plan is formulated pursuant to Article 34 (1) of the Act on the Arrival and Departure of Ships and approved by the competent management agency) within harbor facilities prescribed in subparagraph 5 of Article 2 of the Harbor Act;

7. Facilities for storing containers or packages containing hazardous chemical substances pursuant to subparagraph 2 of Article 3 of the Framework Act on Railroad Industry Development (limited to cases where a facility is removed overseas without delay pursuant to the main clause of Article 16 (2) of the Dangerous Substances Railroad Transportation Rule);

8. A facility for keeping and storing hazardous chemical substances used by a person who has registered his or her business pursuant to Article 3 (2) of the Pesticide Control Act;

9. A hazardous chemical substances handling facility established and operated by air operators under subparagraph 8 of Article 2 of the Aviation Business Act or airport operators under subparagraph 34 of the same Article in a sanctuary designated pursuant to Article 12 (1) of the Aviation Security Act;

10. Facilities determined and publicly notified by the President of the National Institute of Chemical Safety in addition to the facilities prescribed in subparagraphs 1 through 9.

(3) The details and methods of preparing a plan for the prevention and management of chemical accidents under Article 23 (2) of the Act shall be as specified in attached Table 4.

(4) Notwithstanding paragraph (1), where the Minister of Trade, Industry and Energy or the Minister of Employment and Labor has sent any of the following documents to the President of the National Institute of Chemical Safety, the Minister may submit documents submitted to the President of the National Institute of Chemical Safety along with a plan for the prevention and management of chemical accidents prepared, if such documents fall under subparagraph 1 (b) and 2 of attached Table 4:

1. Two copies of a safety improvement plan submitted pursuant to Article 13-2 of the High-Pressure Gas Safety Control Act (hereinafter referred to as "safety improvement plan") and a written opinion of examination deemed suitable for the Korea Gas Safety Corporation (limited to cases where the safety improvement plan has not been changed);

2. Two copies of a process-safety report submitted pursuant to Article 44 of the Occupational Safety and Health Act (hereinafter referred to as "process-safety report") and a written opinion on examination deemed appropriate by the Minister of Employment and Labor (limited to where the process-safety report has not been changed).

(5) A plan for the prevention and management of chemical accidents under paragraph (4) shall be submitted accompanied by the following documents:

1. Notice of results of examination of safety improvement plan or process-safety report;

2. Confirmation of the absence of changes in safety improvement plan and process-safety report in attached Form 31-3.

(6) A person who is required to submit a plan for the prevention and management of chemical accidents changed pursuant to Article 23 (3) 1 and 2 of the Act shall file an application for examination of a modified application for a plan for the prevention and management of chemical accidents with the President of the National Institute of Chemical Safety by not later than 30 days before the date of completion of the modification, along with the following documents in attached Form 32:

1. a changed plan for the prevention and management of chemical accidents;

2. Documents on the preparation and submission of a joint emergency response plan in attached Form 31-2 (shall be submitted only when the emergency response plan is jointly prepared).

(7) "Where any significant matter prescribed by Ordinance of the Ministry of Environment is changed, such as the items, concentrations, and properties of hazardous chemical substances or the locations of handling facilities" in Article 23 (3) 2 of the Act means where the scope of impact on persons, environments, etc. around the place of business (hereinafter referred to as "scope of overall impact") is expanded in any of the following cases:

1. Any of the following cases: Provided, That the foregoing shall not apply to where a pilot production is not directly related to the market release and a temporary change in production period that is within 60 days:

(a) Where a hazardous chemical dealt with by a place of business is changed or added;

(b) Where the content, concentration, or properties of a hazardous chemical handled in a place of business is changed (limited to cases where the risk prescribed by the President of the National Institute of Chemical Safety, such as the inflammability or sudden toxicity of chemicals, increases);

2. Where the location of a hazardous chemical substances handling facility is changed in the same place of business.

(8)"Hazardous chemical substances handling facilities that meet or exceed the standards prescribed by Ordinance of the Ministry of Environment (hereinafter referred to as "major handling facilities")" in Article 23 (4) of the Act means chemical handling facilities within a place of business that handles hazardous chemical substances exceeding the higher quantity prescribed in the criteria for each hazardous chemical substance under attached Table 3-2.

(9) Each person who establishes and operates a major handling facility pursuant to Article 23 (4) of the Act shall submit the first plan for the prevention and management of chemical accidents to the President of the National Institute of Chemical Safety and submit an application for examination of a plan for the prevention and management of chemical accidents in attached Form 31 along with the documents referred to in subparagraphs of paragraph (1) within five years from the date he or she is notified of appropriateness.

(10) Except as otherwise expressly provided for in paragraphs (1) through (9), matters concerning the details, methods, and submission of a plan for the prevention and management of chemical accidents, matters concerning the subjects, methods, etc. of the change in plan for the prevention and management of chemical accidents shall be determined and publicly notified by the President of the National Institute of Chemical Safety.

[This Article Wholly Amended on Apr. 1, 2021]

Article 19-2(Review of Plan for Prevention and Management of Chemical Accidents) #

(1) The President of the National Institute of Chemical Safety shall review a plan for the prevention and management of chemical accidents within 30 days from the date of receiving an application for a plan for the prevention and management of chemical accidents under Article 19 (1), (4) or (9) or a modified application for a plan for the prevention and management of chemical accidents under paragraph (6) of the same Article and issue a review result of a plan for the prevention and management of chemical accidents stating the risk level (classified into risk level A, risk level B, and risk level C according to risks and possibility of an accident), appropriateness, etc. under attached Form 33 or a review result of a modified application for a plan for the prevention and management of chemical accidents attached Form 33-2 to the applicant.

(2) Where the President of the National Institute of Chemical Safety reviews a plan for the prevention and management of chemical accidents submitted pursuant to Article 19 (4), the President shall omit the review of details falling under subparagraph 1 (b) and 2 of attached Table 4 among the received safety improvement plans or process-safety reports.

(3) "Facilities prescribed by Ordinance of the Ministry of Environment" in the former part of Article 23 (6) of the Act means any of the following:

1. A facility subject to a permission for business of hazardous chemical substances pursuant to Article 28 of the Act (limited to those where on-site inspection is possible because the relevant facility has been installed);

2. Facilities established and operated by persons who have experienced chemical accidents within the last three years;

3. Other facilities announced by the President of the National Institute of Chemical Safety as necessary for on-site inspection in consideration of the risks, possibility of an accident, etc. of hazardous chemical substances handling facilities.

(4) When the President of the National Institute of Chemical Safety intends to conduct an on-site inspection pursuant to Article 23 (6) of the Act, the President shall notify the person subject to inspection of the date, time, purpose, item, etc. of the inspection before conducting the inspection. In such cases, the period from the date of prior notice to the date on which an on-site inspection is conducted shall not be included in the period of review under paragraph (1).

(5) If the President of the National Institute of Chemical Safety intends to request a person who has submitted a plan for the prevention and management of chemical accidents to amend or supplement such plan pursuant to Article 23 (7) of the Act, the President shall make a request for amendment and supplementation of a plan for the prevention and management of chemical accidents under attached Form 33-3.

(6) A person who is requested to amend or supplement the plan pursuant to paragraph (5) shall submit revised or supplemented documents to the President of the National Institute of Chemical Safety within 30 days from the date he or she receives the request: Provided, That where a person who is requested amendment or supplementation requests to extend the period for submission, it may be extended by up to two times within the extend of 30 days per period; and the period from the date of request for amendment or supplementation to the date of submission of revised or supplemented documents shall not be included in the review period under paragraph (1).

(7) A person who has been notified of his or her impropriety as a result of review of a plan for the prevention and management of chemical accidents pursuant to paragraph (1) (limited to cases where a chemical handling facility subject to notification is continuously installed and operated) shall submit a revised or supplemented plan for the prevention and management of chemical accidents within three months.

(8) The President of the National Institute of Chemical Safety may request the head of the relevant local government to consult on the following matters pursuant to the former part of Article 23 (8) of the Act. In such cases, the period from the day a consultation is requested to the day a review opinion on the request is notified shall not be included in the period of review specified in paragraph (1):

1. Matters regarding cooperation with communities and the protection and evacuation of residents;

2. Other matters recognized by the President of the National Institute of Chemical Safety as necessary for consultation with the heads of local governments.

(9) Except as otherwise provided in paragraphs (1) through (8), details necessary for review, on-site inspection, etc. of a plan for the prevention and management of chemical accidents shall be determined and publicly notified by the President of the National Institute of Chemical Safety.

[This Article Newly Inserted on Apr. 1, 2021]

Article 19-3(Implementation of Plan for Prevention and Management of Chemical Accidents) #

(1) The methods and cycle of inspection on whether a plan for the prevention and management of chemical accidents is implemented under Article 23-2 (2) of the Act shall be as follows:

1. Written inspection: One-year cycle;

2. On-site inspections (limited to places of business falling under risk level A): Five-year cycle.

(2) Notwithstanding paragraph (1), the President of the National Institute of Chemical Safety may conduct a special inspection for implementation in any of the following cases; In such cases, a place of business which has undergone a special inspection for implementation shall be deemed to have undergone an on-site inspection under paragraph (1) 2:

1. If it is necessary to check whether special measures are implemented in the places of business where a chemical accident has occurred;

2. When it is necessary to conduct a special inspection for implementation following a written inspection conducted pursuant to paragraph (1) 1;

3. When it is necessary to specifically inspect whether a plan for the prevention of chemical accidents has been implemented for the prevention of chemical accidents or the process thereof.

(3) When the President of the National Institute of Chemical Safety has completed inspection pursuant to paragraph (1) 2 and (2), the President shall notify a person who has installed and operated the relevant hazardous chemical substances handling facility of the results of such inspection. In such cases, the President of the National Institute of Chemical Safety shall notify the head of the competent local environmental agency and the head of the competent local government of the result of inspection.

(4) Any person who has been ordered to take corrective measures or any other necessary measure under Article 23-2 (3) of the Act shall complete the relevant measures within the given period and shall submit the results of such measures to the President of the National Institute of Chemical Safety.

(5) Except as otherwise provided in paragraphs (1) through (4), matters necessary for details, methods, and timing of inspection, and notification of results thereof shall be determined and publicly notified by the President of the National Institute of Chemical Safety.

[This Article Newly Inserted on Apr. 1, 2021]

Article 19-4(Notification of Plan for Prevention and Management of Chemical Accidents to Local Community) #

(1) Any person who shall notify local residents pursuant to the former part of Article 23-3 (1) of the Act shall register information referred to in each subparagraph of Article 23-3 (1) of the Act on the comprehensive information system under Article 48 (1) of the Act (hereinafter referred to as "comprehensive chemical information system") within three months from the date of receipt of the notification of appropriateness of a plan for the prevention and management of chemical accidents.

(2) Any person who shall notify local residents pursuant to the latter part of Article 23-3 (1) of the Act shall use one or more of the following methods within the relevant year during which he or she is notified of the appropriateness of a plan for the prevention and management of chemical accidents:

1. Individual notification methods: notification by post or e-mail;

2. Individual explanation methods: Signature and seal after individual explanation;

3. Collective delivery method: delivery by holding public hearings or presentations;

4. Other methods of notification: The methods determined and publicly notified by the President of the National Institute of Chemical Safety, such as bulletin boards, community newsletter, publication of newsletters, etc., by the competent local government.

(3) If two or more places of business fall under a cause recognized by the President of the National Institute of Chemical Safety, such as where places of business are adjacent to each other, the notification under paragraph (2) may be given jointly by at least two places of business.

(4) The head of a local government shall provide necessary support to facilitate a notice under paragraphs (2) and (3).

(5) Except as otherwise provided in paragraphs (1) through (4), detailed matters necessary for notification of a plan for the prevention and management of chemical accidents shall be determined and publicly notified by the President of the National Institute of Chemical Safety.

[This Article Newly Inserted on Apr. 1, 2021]

Article 21-2(Special Cases concerning Standards for Installation and Management of Handling Facilities) #

(1) If the President of the National Institute of Chemical Safety deems it impracticable to apply the standards for installation and management specified in attached Table 5 to any of the following hazardous chemical substance handling facilities, he or she may conduct a safety assessment of the relevant handling facility (hereafter in this Article referred to as "safety assessment") to apply the standards for installation and management under Article 24 (1) of the Act and may determine not to apply some of the standards for installation and management under attached Table 5 or may apply different standards to such facilities according to the findings of the assessment:

1. A hazardous chemical substance handling facility, the construction of which commenced on or before December 31, 2014, where a large-scale relocation is inevitable or a safety issue is likely to occur because the physical space of the place of business is insufficient for its installation and management in accordance with the standards specified in attached Table 5;

2. Where the President of the National Institute of Chemical Safety deems it impracticable to apply the standards specified in attached Table 5 due to the application of a new technology to the installation of the relevant handling facility.

(2) Any person who intends to undergo a safety assessment under paragraph (1) shall submit an application for safety assessment in attached Form 33-5 to the President of the National Institute of Chemical Safety, together with documents evidencing that either of the subparagraphs of paragraph (1) is applicable to the applicant.

(3) The President of the National Institute of Chemical Safety upon receipt of an application under paragraph (2) shall conduct a safety assessment in accordance with the following and shall notify the applicant of the findings of the assessment:

1. A written assessment: An assessment conducted with evidentiary documents submitted of the reason why it is impracticable to apply the standards specified in attached Table 5 and whether safety is ensured to the level not lower than the standards specified in attached Table 5;

2. On-site assessment: An assessment conducted on-site to verify whether the conditions of the installation of the relevant handling facility and the ensured level of safety correspond with the findings of the written assessment.

(4) Any person who does not intend to apply some of the standards for installation and management to a handling facility or intends to apply different standards to such facility pursuant to paragraph (1) shall submit the findings of the safety assessment notified under paragraph (3) to the head of the relevant local environmental agency.

(5) Except as otherwise provided in paragraphs (1) through (4), matters necessary for detailed standards, procedure, etc. for safety assessment shall be determined and publicly notified by the President of the National Institute of Chemical Safety.

[This Article Newly Inserted on May 30, 2017]

Article 23(Regular and Occasional Inspection of Hazardous Chemical Substance Handling Facilities) #

(1) Any person who has completed installing a hazardous chemical substance handling facility pursuant to Article 24 (2) of the Act shall, before operating the relevant facility, undergo an inspection by an inspection agency under Article 22 (1) and submit a result report on inspection of a hazardous chemical substances handling facility in attached Form 34 to the head of a local environmental agency together with the written results of inspection of a hazardous chemical substances handling facility. <Amended on Sep. 29, 2020>

(2) "Period prescribed by Ordinance of the Ministry of Environment" in the main clause of Article 24 (3) of the Act means one year (referring to two years for a hazardous chemical substances handling facility not subject to a permission for business of handling hazardous chemical substances under Article 28 of the Act): Provided, That the period under the main clause may be extended where the Minister of Environment deems difficult to undergo a regular inspection due to a natural disaster or any other unavoidable reason. <Amended on Apr. 1, 2021>

(3) Where a chemical accident occurs in a hazardous chemical substance handling facility, such facility shall undergo an occasional inspection under the main clause of Article 24 (3) of the Act within seven days from the date of the occurrence of such chemical accident.

(4) Where a chemical accident is likely to occur in a hazardous chemical substance handling facility, the head of a local environmental agency shall notify in attached Form 35 that the facility is subject to an occasional inspection under the main clause of Article 24 (3) of the Act.

(5) "Period prescribed by Ordinance of the Ministry of Environment" in the proviso of Article 24 (3) of the Act means one year.

(6) Any person who has undergone a regular inspection or occasional inspection under the main clause of Article 24 (3) of the Act shall submit a hazardous chemical substances handling facility (regular inspection, occasional inspection) result report in attached Form 36 to the head of a local environmental agency together with the written results of inspection of a hazardous chemical substances handling facility. <Amended on Sep. 29, 2020>

(7) Matters necessary for the details of inspection under Article 24 (2) and (3) of the Act, methods for preparing the written results under paragraphs (1) and (6), etc. shall be determined and publicly notified by the Minister of Environment.

(8) "Any laboratory with facilities for test production prescribed by Ordinance of the Ministry of Environment" under Article 24 (4) 1 of the Act means facilities operated for more than 60 days in a consecutive manner, which meet the following requirements: <Newly Inserted on Sep. 29, 2020>

1. Where the operation of the facility is a batch type: A facility with a single treatment capacity of 100 kg or more of a unit facility;

2. Where the operation of the facility is a continuous type: A facility with an hourly processing capacity of 10 kg or more.

Article 24(Safety Diagnosis) #

(1) Any person who has completed installing a hazardous chemical substance handling facility or who installs and operates a hazardous chemical substance handling facility shall, where falling under Article 24 (5) 1 of the Act, conduct a safety diagnosis under Article 24 (5) of the Act within 20 days from the date of receipt of the results of inspection under Article 24 (2) and (3) of the Act. <Amended on Sep. 29, 2020>

(2) "Period prescribed by Ordinance of the Ministry of Environment" in Article 24 (5) 2 of the Act means the following classified periods: <Amended on Sep. 29, 2020; Apr. 1, 2021>

1. Hazardous chemical substances handling facilities of risk level A: Every four years from the date they have received a review result of a plan for the prevention and management of chemical accidents (hereafter in this paragraph referred as "review result");

2. Hazardous chemical substances handling facilities of risk level B: Every eight years from the date they have received a review result;

3. Hazardous chemical substances handling facilities of risk level C: Every 12 years from the date they have received a review result;

4. Facilities falling under any of the subparagraphs of Article 19 (2): Every 12 years from the date when an inspection is notified that an inspection under Article 24 (2) of the Act or a regular inspection under paragraph (3) of the same Article (limited to cases where an inspection under Article 24 (2) of the Act has not been conducted) is appropriate.

(3) Any person who has completed installing a hazardous chemical substance handling facility or who installs and operates a hazardous chemical handling facility shall, where falling under Article 24 (5) 2 of the Act, conduct a safety diagnosis under paragraph (1) within 60 days after the expiration of the period under paragraph (2). <Amended on Sep. 29, 2020>

(4) Any person who has conducted a safety diagnosis under paragraphs (1) and (3) shall submit a report on the results of safety diagnosis in attached Form 37 to the head of a local environmental agency, together with a written report on the results of safety diagnosis. In such cases, if it is deemed that a safety measure is necessary to protect workers, the head of a local environmental agency shall notify the head of a regional employment and labor agency of the relevant content.

(5) Except as otherwise provided in paragraphs (1) through (4), matters necessary for the items of and methods for the safety diagnosis shall be determined and publicly notified by the Minister of Environment.

Article 25(Orders to Improve Handling Facilities) #

(1) Where the head of a regional environment agency intends to issue an order to improve a handling facility under Article 25 (1) of the Act, he or she shall issue a written order to improve the handling facility in attached Form 38 attaching the details of the matters to be improved and specifying the implementation period, to the person who installs and operates the relevant facility. In such cases, the implementation period shall be determined within the scope of 12 months in consideration of the possibility of the occurrence of a chemical accident, urgency and construction period.

(2) Any person who has received a written order to improve a handling facility under paragraph (1) shall submit a plan to implement such order in attached Form 39 to the head of a local environmental agency together with the following documents, and shall implement the order:

1. The details of the improvement of the handling facility;

2. An implementation plan and construction cost;

3. A plan for the safety control of a hazardous chemical substance in the implementation period.

(3) Where, as a result of reviewing the implementation plan under paragraph (2), it is deemed that the implementation plan, the plan for safety control, etc. are inappropriate, the head of a local environmental agency may require the amendment or modification of such plan. In such cases, the person so required shall, without delay, submit a plan reflecting the amendments or modifications to the head of a local environmental agency, and shall then implement the said plan.

(4) Where it is impossible to implement an order to improve a handling facility within the implementation period under paragraph (1) due to an act of God or other extenuating circumstances, any person who has submitted an implementation plan pursuant to paragraphs (2) and (3) may, 10 days before the implementation period expires, request the head of a local environmental agency to extend such period by up to six months.

(5) Where any person who has submitted an implementation plan pursuant to paragraphs (2) and (3) completes the implementation of such plan, he or she shall, without delay, submit a report on the implementation results in attached Form 40 to the head of a local environmental agency together with a detailed report on the implementation results. In such cases, the head of a local environmental agency shall visit the site to verify the state of the implementation but may verify the state of implementation with the results of an inspection conducted under Article 24 (2) and (3) of the Act or the results of a safety diagnosis conducted under Article 24 (4) of the Act if a report on such results has been submitted. <Amended on Oct. 26, 2018>

(6) Where the head of a local environmental agency intends to issue an order to stop the operation of a facility pursuant to Article 25 (2) of the Act, he or she shall issue a written order to stop the operation of the handling facility in attached Form 41.

(7) Any person who has received a written order under paragraph (6) shall stop the operation of the facility from the date of receipt of the written order and shall not operate the relevant facility until the order to stop its operation is revoked.

Article 27(Permission to Conduct Hazardous Chemical Substance Business) #

(1) Any person who intends to obtain permission to conduct hazardous chemical substance business pursuant to Article 28 (1) through (3) of the Act shall submit an application for permission in attached Form 43 to the head of a local environmental agency together with the following documents: <Amended on Apr. 1, 2021>

1. Documents referred to in each subparagraph of Article 28 (1) of the Act (excluding documents referred to in Article 28 (1) 1 of the Act, in cases falling under the proviso to Article 23 (1) of the Act);

2. Data concerning the annual estimated handling quantity of a hazardous chemical substance, etc. prepared in attached Form 44;

3. Specifications of hazardous chemical substance handling facilities (referring to data stating the lot size and capacity by facility, the number, location map, layout floor map, etc.);

4. Specifications of equipment and technical employees related to a hazardous chemical substance;

5. A permit for trucking transport business or a copy thereof under the Trucking Transport Business Act (limited to hazardous chemical substance transport business under subparagraph 4 of Article 27 of the Act);

6. Where an applicant (in the case of a corporation, including executive officers thereof) is a foreigner, any of the following documents evidencing that such applicant is not subject to subparagraph 1 or 2 of Article 30 of the Act:

(a) A document issued by the government or other competent agency of the relevant country;

(b) A written statement of the applicant certified by a notary public and verified by a consul of the consulate of the Republic of Korea in the relevant country in accordance with the Act on Notarial Acts Done at Diplomatic Missions Abroad;

(c) A deed signed by a private person certified by a consul of the consulate of the relevant country in the Republic of Korea or any other document equivalent thereto.

(2) The public official in charge who has received an application under paragraph (1) shall verify the following documents by sharing administrative information under Article 36 (1) of the Electronic Government Act: Provided, That, where the applicant does not consent to the verification of the business registration certificate, the public official shall have the applicant attach the relevant document:

1. Corporation registration certificate (applicable only to a corporation);

2. A business registration certificate;

3. A guardianship register.

(3) Standards for handling facilities and equipment and technical employees for each hazardous chemical substance under Article 28 (2) of the Act shall be as specified in attached Table 6.

(4) "Period prescribed by Ordinance of the Ministry of Environment" in Article 28 (3) of the Act means 15 days.

(5) "A change in important matters prescribed by Ordinance of the Ministry of Environment" in the proviso to Article 28 (4) of the Act means where the volume or location of a hazardous chemical substances handling facility or a hazardous chemical substance that it handles is changed. <Amended on Apr. 1, 2021>

Article 29(Permission for Change, or Report on Change, in Hazardous Chemical Substance Business) #

(1) Subject matters requiring permission for changes or a report on changes under Article 28 (5) of the Act shall be as follows: <Amended on Apr. 7, 2016; May 30, 2017; Oct. 26, 2018; Apr. 1, 2021>

1. Subject matters requiring permission for changes: Any of the following matters: Provided, That, in the case of item (a) or (b), permission for changes shall be required only where a cumulative increase in the capacity or quantity is at least 50/100 after obtaining permission or permission for changes:

(a) The whole capacity of preservation and storage facilities by type of business or the capacity of transport facilities is increased;

(b) An annual quantity manufactured or used is increased;

(c) Items of hazardous chemical substances for which permission is granted are added (excluding cases falling under subparagraph 2 (b));

(d) Where there is a new establishment, expansion, change of location, or change of hazardous chemical substances handling facilities in the same place of business (limited to cases where a plan for the prevention and management of chemical accidents needs to be submitted);

(e) Where the location of the place of business is changed (excluding cases where the place has an office only);

(f) Where the volume of handling of hazardous chemical substances in a place of business under Article 19 (2) 2 increases above the sub-regulation quantity of the prescribed quantity of each hazardous chemical standard under attached Table 3-2;

2. Subject matters requiring a report on changes: Any of the following cases:

(a) Where the name of the place of business, the representative or the location of the office has changed;

(b) Where a hazardous chemical substance handled as pilot production (limited to the case of production period of less than 60 days) is temporarily changed, which has no direct relationship with the market release;

(c) Where a hazardous chemical substances handling place is newly established, enlarged or its location is changed to a site boundary, or where there are changes to the hazardous chemical substances handled in the same place of business (limited to cases where the scope of overall impact is not expanded);

(d) Where the type of vehicles transporting hazardous chemical substances has changed or the number or loading capacity of such vehicles has increased (excluding cases falling under subparagraph 1 (a));

(e) Where the technical employees referred to in Article 28 (2) of the Act have changed.

(2) Any person who intends to obtain permission for changes pursuant to Article 28 (5) of the Act shall submit an application for permission for such changes in attached Form 46 to the head of the relevant local environmental agency together with the following documents before making such changes to the relevant matter; while any person who intends to report changes shall submit a report on such changes in attached Form 46 to the head of the relevant local environmental agency together with the following documents within 30 days from the date the relevant matter is changed [In the case of paragraph (1) 2 (a) (applicable only when the representative is changed) and (e), within 60 days from the date of change, in the case of the same subparagraph (b), before the relevant matters are changed]: <Amended on Apr. 7, 2016; May 30, 2017; Oct. 26, 2018; Sep. 29, 2020; Apr. 1, 2021>

1. A document that may prove matters changed;

2. A changed plan for the prevention and management of chemical accidents (only applicable to in paragraph (1) 1 (d));

2-2. A plan for the prevention and management of chemical accidents (only applicable to paragraph (1) 1 (f));

3. The original copy of the permit for hazardous chemical substance business under Article 28 (1);

4. A trial production plan (limited to cases of paragraph (1) 2 (b));

5. A document (only applicable to paragraph (1) 2 (c)) possible to ascertain whether any off-site analysis information under subparagraph 3 of attached Table 3 (hereinafter referred to as "off-site analysis information") has been changed among items prepared in a plan for the prevention and management of chemical accidents confirmed by a hazardous chemical substances business operator;

6. A written result of inspection under Article 24 (2) of the Act (limited to where a handling facility is changed).

(3) Notwithstanding paragraph (2), a person who intends to report on any change due to any of the reasons referred to in paragraph (1) 2 (c) may report on the change before he or she make the relevant changes on the condition that the person undergo an inspection by an inspection agency under Article 24 (2) of the Act (hereafter referred to as "inspection agency" in this Article) within 30 days from the date the change is scheduled to be completed. <Newly Inserted on Apr. 1, 2021>

(4) A person who intends to report on any change pursuant to paragraph (3) shall submit a report on the change of hazardous chemical substances business in attached Form 46 to the head of a local environmental agency, along with the following documents: <Newly Inserted on Apr. 1, 2021>

1. Documents specified in paragraph (2) 1 through 5;

2. A document certified by an inspection agency that a reporter may receive an inspection under Article 24 (2) of the Act within 30 days from the date scheduled for completion of the change thereof.

(5) A person who has reported any change pursuant to paragraph (4) shall submit the result of an inspection conducted by an inspection agency to the head of a local environmental agency within 60 days from the date of completion of the change. <Newly Inserted on Apr. 1, 2021>,

(6) When the head of a local environmental agency gives permission for change or receives a report on change of hazardous chemical substances business pursuant to Article 28 (5) of the Act, the head shall issue a permit for change of hazardous chemical substances business or a permit for report on change of hazardous chemical substances business in attached Form 45: Provided, That upon receipt of a report on change under paragraph (4), the head shall issue a permit for report on modification of hazardous chemical substances business in attached Form 47 after receiving the result of an inspection under paragraph (5). <Amended on Apr. 1, 2021>

(7) Except as otherwise provided in paragraphs (1) through (6), matters necessary for the procedure for change report, preparation of a pilot production plan and preparation of documents that may confirm whether there has been change in off-site analysis information, etc. shall be determined and publicly notified by the Minister of Environment. <Newly Inserted on Apr. 7, 2016; Apr. 1, 2021>

Article 31(Exemption from Permission to Conduct Hazardous Chemical Substance Business) #

"Person prescribed by Ordinance of the Ministry of Environment" in subparagraph 4 of Article 29 of the Act means any of the following persons: <Amended on May 30, 2017, Dec. 27, 2017; Sep. 29, 2020; Apr. 1, 2021>

1. A person who transports not more than one ton of hazardous chemical substances at one time;

2. A person who uses not more than 120 tons of toxic substances (excluding substances requiring preparation for accidents among toxic substances) annually at a place of business outside a water-source protection area under Article 7 of the Water Supply and Waterworks Installation Act: Provided, That such amount of toxic substances shall be replaced by not more than 60 tons annually where the place of business is located in a special measures area under Article 38 of the Framework Act on Environmental Policy and such amount of toxic substances shall be replaced by not more than 240 tons annually where the place of business is located in a district-unit planning zone (excluding a zone designated as residential) under Article 51 (3) of the National Land Planning and Utilization Act or an exclusive industrial area under Article 30 of the Decree of the same Act;

3. A person who uses not more than 60 tons of restricted substances (excluding substances requiring preparation for accidents among restricted substances) annually at a place of business outside a water-source protection area under Article 7 of the Water Supply and Waterworks Installation Act or a special measures area under Article 38 of the Framework Act on Environmental Policy;

4. A person who uses any substance requiring preparation for accidents (limited to non-toxic substances) but does not fall under both of the following: Provided, That this shall not apply to a person who uses substances requiring preparation for accidents in a water-source protection area under Article 7 of the Water Supply and Waterworks Installation Act or a special measures area under Article 38 of the Framework Act on Environmental Policy:

(a) A person who has to submit a plan for the prevention and management of chemical accidents;

(b) A person who installs and operates a hazardous chemical substances handling facility of a scale more than that determined and publicly notified by the Minister of Environment;

5. A person who falls under any of the following among those who have obtained permission to produce or use chemicals subject to permission under Article 118 (1) of the Occupational Safety and Health Act:

(a) A person who establishes and operates only a research institute defined in subparagraph 2 of Article 2 of the Act on the Establishment of Safe Laboratory Environment;

(b). A person who does not install and operate a hazardous chemical substances handling facility;

6. A person who sells hazardous chemical substances as household goods, among pharmacy owners and drug distributors under the Pharmaceutical Affairs Act;

7. Other persons publicly notified by the Minister of Environment as he or she deems that such persons are exempt from permission to conduct hazardous chemical substance business, other than the persons provided in subparagraphs 1 through 6.

Article 32(Report on Awarding of Contracts for Handling Hazardous Chemical Substances) #

(1) Where any hazardous chemical substance business operator awards a contract (including a subcontract; hereinafter the same shall apply) for handling the relevant hazardous chemical substance pursuant to the former part of Article 31 (1) of the Act, he or she shall submit a contract report on handling hazardous chemical substances in attached Form 48, together with following documents, to the head of the relevant local environmental agency before the contractor (including a subcontract; hereinafter the same shall apply) begins to perform the awarded contract: Provided, That, where the contractor shall urgently perform the awarded contract to prevent a chemical accident, etc., the hazardous chemical substance business operator may submit such report within 10 days from the date the contractor begins to perform the awarded contract: <Amended on May 30, 2017; Sep. 29, 2020>

1. Materials concerning the major products, sales, etc. of the applicant, the client and the contractor;

2. A plan for contract (which shall include an outline of the work to be contracted, reason for the contract, the specifications of personal protective gear held by the contractor, the specifications of handling facilities and personnel of the contractor, and evidential documents demonstrating the ability and the satisfaction of the requirements under paragraph (4) 4);

3. A plan for safety control of chemical accidents;

4. A written explanation of urgent contracting (which shall be submitted only where the contractor has urgently performed the awarded contract pursuant to the proviso of this paragraph, with the exception of its subparagraphs).

(2) "Significant matters prescribed by Ordinance of the Ministry of Environment" in the latter part of Article 31 (1) of the Act means the following: <Newly Inserted on Sep. 29, 2020>

1. Items of hazardous chemical substances;

2. Chemical substances handling facilities subject to contract;

3. Contract Period.

(3) A person who intends to report on any modification pursuant to the latter part of Article 31 (1) of the Act shall file a report on contract modification of handling hazardous chemical substances in attached Form 48-2, with the head of a local environmental agency, before he or she changes any relevant matter, along with the following documents: <Newly Inserted on Sep. 29, 2020>

1. Modified contract plans;

2. A document evidencing the changes;

3. A modified safety plan for chemical accidents.

(4) "Ability and standards prescribed by Ordinance of the Ministry of Environment" in Article 31 (4) of the Act means the following: <Amended on Sep. 29, 2020>

1. To hold the complete sets of the personal protective gear under Article 14 (1) of the Act;

2. To comply with the standards for arrangement, installation and management of hazardous chemical substance handling facilities under Article 24 of the Act;

3. To complete safety education on hazardous chemical substances under Article 33 (1) of the Act;

4. To have the ability and comply with the standards, determined and publicly notified by the Minister of Environment as those deemed necessary for the safety control of hazardous chemical substances, other than the matters provided in subparagraphs 1 through 3.

(5) "Activities prescribed by Ordinance of the Ministry of Environment, such as the unreasonable operation of a handling facility for the contractor" in Article 31 (5) of the Act means the following: <Amended on Sep. 29, 2020>

1. Reduction of the period of construction or repair as determined in a contract for work, etc.;

2. Construction and repair of hazardous chemical substances handling facilities during late-night hours (excluding cases where construction or repair is urgently needed to prevent chemical accidents);

3. Directions to handle hazardous chemical substances, or to construct, repair or operate a hazardous chemical substance handling facility, despite a justifiable request for interruption made by the contractor due to a possible chemical accident;

4. Concealment of the fact or risk of a chemical accident;

5. Other matters determined and publicly notified by the Minister of Environment as those deemed necessary for the safety control of hazardous chemical substances, other than the matters provided in subparagraphs 1 through 4.

Article 33(Standards for Appointment of Hazardous Chemical Substance Supervisors) #

"Standards prescribed by Ordinance of the Ministry of Environment, such as the quantity of hazardous chemical substances handled by the relevant business operator and the number of his or her employees" in Article 32 (1) of the Act means the standards classified as follows: <Amended on May 30, 2017>

1. The chief hazardous chemical substance supervisor: One person; Provided, That, where the number of employees is less than 10, an inspector for the control of hazardous chemical substances may concurrently serve as the chief hazardous chemical substance supervisor;

2. An inspector for the control of hazardous chemical substances:

(a) A person engaging in hazardous chemical substance transport business: One person per 20 units of vehicles transporting hazardous chemical substances: Provided, That, where the number of vehicles transporting hazardous chemical substances does not exceed 20 units, an inspector for the control of hazardous chemical substances need not be appointed;

(b) A person engaging in any other business than hazardous chemical substance transport business: The number of person(s) specified in any of the following subitems: Provided, That in the case of the business of manufacturing, keeping, storing or selling hazardous chemical substances (excluding person(s) selling such chemical substances without any handling facility), one more inspector shall be additionally appointed per 500 workers; while in the case of the business of using hazardous chemical substances, one more inspector shall be additionally appointed per 5,000 workers:

(i) Where the quantity of hazardous chemical substances handled annually is less than 1,000 tons: One person;

(ii) Where the quantity of hazardous chemical substances handled annually is at least 1,000 tons but less than 10,000 tons: Two persons;

(iii) Where the quantity of hazardous chemical substances handled annually is at least 10,000 tons but less than 100,000 tons: Three persons;

(iv) Where the quantity of hazardous chemical substances handled annually is at least 100,000 tons but less than one million tons: Four persons;

(v) Where the quantity of hazardous chemical substances handled annually is at least one million tons: Five persons.

Article 35(Educational Institution for Safety) #

(1) "Educational institution prescribed by Ordinance of the Ministry of Environment" in Article 33 (1) of the Act means the following institutions: <Amended on Apr. 7, 2016; May 30, 2017; Sep. 29, 2020>

1. The National Institute of Chemical Safety;

2. The Association;

3. Specialized institutions designated and publicly notified by the President of the National Institute of Chemical Safety as he or she deems that they have expertise in safety education as a result of evaluation of expertise in safety education among institutions meeting all the following requirements:

(a) To have at least three persons who are experts who have completed the training course conducted by the National Institute of Chemical Safety for at least 30 days or those who have performed the relevant work for at least five years after obtaining a doctorate degree in the field of environment, chemical, and chemical engineering or qualifications for chemical engineering safety, chemical engineering, gas, air management, water quality management, waste treatment, and industrial hygiene management in accordance with the National Technical Qualifications Act;

(b) To be equipped with an educational facility with a seating capacity of at least 100 persons;

(c) To be a non-profit corporation which is considered to have expertise, such as securing a person who has at least five years' experience in practical affairs, research or lecture in the area of chemical substance safety other than the experts provided in item (a).

(2) Any person in charge of education in an educational institution under paragraph (1) 2 and 3 shall undergo education conducted by the President of the National Institute of Chemical Safety annually.

(3) The President of the National Institute of Chemical Safety may request the educational institutions under paragraph (1) 2 and 3 to provide the related materials necessary for inspecting matters concerning the conduct, etc. of safety education on hazardous chemical substances. In such cases, the institution requested shall comply with such request unless any special reason exists.

(4) The President of the National Institute of Chemical Safety shall periodically inspect the specialized institutions under paragraph (1) 3 to ascertain whether they continue to meet the requirements under the items of paragraph (1) 3 and whether they have expertise in safety education. <Amended on May 30, 2017>

(5) Except as otherwise provided in paragraphs (1) through (4), the standards and methods for evaluating expertise in safety education and other matters necessary for the designation, operation, etc. of educational institutions shall be determined and publicly notified by the President of the National Institute of Chemical Safety. <Newly Inserted on May 30, 2017>

Article 37(Conduct of Safety Education) #

(1) Education hours for each person who shall complete hazardous chemical substance safety education under Article 33 (1) of the Act shall be as specified in attached Table 6-2. <Amended on May 30, 2017>

(2) Notwithstanding paragraph (1), where persons eligible for the hazardous chemical substance safety education under Article 33 (1) of the Act need to prepare or implement a plan for the prevention and management of chemical accidents or require expertise, they shall undergo additional 16 hours of safety education, as prescribed and publicly notified by the President of the National Institute of Chemical Safety. <Amended on May 30, 2017; Apr. 1, 2021>

(3) If a person transporting hazardous chemical substances, or a hazardous chemical substance supervisor under Article 32 of the Act engaging in the business of selling hazardous chemical substances as defined in subparagraph 2 of Article 27 of the Act (limited to where such business has no handling facility) causes a chemical accident, he or she shall additionally complete eight hours of safety education within one year from the day such chemical accident occurs. <Amended on Apr. 7, 2016; May 30, 2017>

(4) Any hazardous chemical substance business operator shall, pursuant to Article 33 (3) of the Act, have all the employees in the relevant place of business (excluding persons required to complete safety education on hazardous chemical substances under Article 33 (1) of the Act and persons designated by the Minister of Environment) complete at least two hours of safety education on hazardous chemical substances once annually (including an on-line educational course) conducted by an educational institution under Article 35 (1) or a hazardous chemical substance supervisor. <Amended on Apr. 7, 2016; May 30, 2017>

(5) The content of safety education on hazardous chemical substances for each person who shall complete such education under paragraph (1), (3) or (4) shall be as specified in attached Table 6-3. <Newly Inserted on Apr. 7, 2016; May 30, 2017>

(6) Any educational institution or hazardous chemical substance supervisor who has conducted safety education on hazardous chemical substances in accordance with paragraphs (1) through (4) shall report to the President of the National Institute of Chemical Safety the results of such education annually, including the following matters: <Amended on Apr. 7, 2016>

1. The content and results of safety education on hazardous chemical substances;

2. A list of persons who completed safety education on hazardous chemical substances;

3. Resumes of instructors of safety education on hazardous chemical substances.

(7) Expenses incurred in conducting safety education under the proviso of Article 33 (2) of the Act shall be determined and publicly notified by the Minister of Environment, considering the content, period, etc. of such education. <Amended on Apr. 7, 2016>

Article 39(Report on Suspension of Handling of Hazardous Chemical Substances, Suspension of Business or Closure of Business) #

(1) Where a hazardous chemical substance business operator intends to close or suspend his or her business or suspend the operation of a hazardous chemical substance handling facility for at least 60 days under Article 34 (2) of the Act, he or she shall submit a report in attached Form 54 to the head of the relevant local environmental agency, by not later than 10 days before the scheduled date of closure or suspension of the business or suspension of the operation of the handling facility, together with the following documents: <Amended on Dec. 27, 2017>

1. The original copy of the permit under Article 28 (1);

2. A report on business performance (limited to closure of business);

3. A document concerning whether the measures under the proviso of Article 34 (1) of the Act and Article 38 (1) have been implemented.

(2) Notwithstanding paragraph (1), a hazardous chemical substance business operator may submit a report in attached Form 54 to the head of the relevant local environmental agency, together with the documents specified in the subparagraphs of paragraph (1) and a written explanation of an ex-post report, by the relevant deadline specified in either of the following subparagraphs: <Newly Inserted on Dec. 27, 2017>

1. Where a hazardous chemical substance business operator has suspended the operation of a hazardous chemical substance handling facility estimating that the period of suspension of the operation of the relevant facility would be less than 60 days but it is necessary to extend the initial period of the suspension of operation due to additional repair work or other causes: Within 60 days from the date the operation of the relevant handling facility was suspended;

2. Where it is impossible to operate a hazardous chemical substance handling facility in a normal condition due to a sudden power outage or other causes and the operation of such facility is urgently suspended to prevent chemical accidents without submitting a report under paragraph (1): Within 10 days from the date the operation of the relevant handling facility was suspended.

(3) Where, based on the results of reviewing the content of the report under paragraph (1) or (2), it is deemed that the hazardous chemical substance is likely to harm human health or the environment, the head of a local environmental agency may verify and check the actual status of safety control concerning the disposal and preservation of hazardous chemical substances handled by the relevant hazardous chemical substance business operator pursuant to of Article 34 (3) of the Act and take necessary measures accordingly. <Amended on Dec. 27, 2017>

Article 52(Establishment and Operation of Comprehensive Chemical Information System) #

(1) The President of the National Institute of Chemical Safety shall collect, analyze, and manage the following domestic and overseas information to establish and operate a comprehensive chemical information system pursuant to Article 48 of the Act:

1. General information on chemical substances, such as the names (Korean name, English name, synonym, etc.), CAS numbers and United Nations (UN) numbers of chemical substances;

2. Information on chemical substances controlled under statutes related to chemical substances, such as toxic substances, restricted substances, prohibited substances, substances requiring preparation for accidents, dangerous substances and toxic gases;

3. Information on hazards, risks, etc. of chemical substances;

4. Information on handled quantities of chemical substances, handling facilities, etc. by place of business;

5. Information necessary for the preparation for chemical accidents, such as the uses, dangers and methods for disaster prevention of chemical substances;

6. Information necessary for the response to chemical accidents such as the separation distance in the event of the release or leakage of chemical substances, and the separation distance and the distance for fire suppression activities in the event of a fire;

7. Information on the records of the occurrence of chemical accidents;

8. Domestic and overseas information on chemical substances and products containing chemical substances;

9. Other information on the safety control of chemical substances and the preparation for and response to chemical accidents, other than the matters provided in subparagraphs 1 through 8.

(2) The President of the National Institute of Chemical Safety shall formulate and implement a plan for the establishment and operation of the comprehensive chemical information system under Article 48 of the Act.

(3) To efficiently establish the comprehensive chemical information system under paragraph (2), the President of the National Institute of Chemical Safety shall organize and operate a consultative body with the National Institute of Environmental Research, the Korea Occupational Safety and Health Agency under the Korea Occupational Safety and Health Agency Act, public institutions or organization related to the safety of chemical substances.

(4) The institutions or organizations participating in the consultative body under paragraph (3) shall mutually cooperate so as to systematically and comprehensively collect, analyze and manage domestic and overseas information prescribed in the subparagraphs of paragraph (1) through the mutual provision or sharing of the information held by them respectively.

Article 53(Performance Report by Handler of Hazardous Chemical Substances) #

(1) Pursuant to Article 49 (1) of the Act, the following persons shall submit a performance report in attached Form 68 to the Association by not later than August 31 each year, along with a detailed performance report according to the following classifications: Provided, That If some documents are submitted to the head of a local environmental agency for statistical survey of chemical substances, the documents already submitted may be excluded: <Amended on Apr. 7, 2016; Dec. 27, 2017; Apr. 1, 2021>

1. Any person falling under Article 49 (1) 2 of the Act: A detailed performance report in attached Form 69;

2. Any person falling under Article 49 (1) 3 of the Act: A detailed performance report in attached Form 70;

3. Any person falling under Article 49 (1) 4 of the Act: A detailed performance report in attached Form 71;

4. Any person falling under Article 49 (1) 5 of the Act: A detailed performance report in attached Form 72;

5. Any person falling under Article 49 (1) 6 of the Act: A detailed performance report in attached Form 73;

6. Any person falling under Article 49 (1) 7 or 7-2 of the Act: A detailed performance report in attached Form 74.

(2) The Association shall synthesize and analyze the performance report of the previous year submitted in accordance with the main clause of paragraph (1) and submit it to the President of the National Institute of Chemical Safety by October 31 each year. <Newly Inserted on Apr. 1, 2021>

(3) The Minister of Environment shall, with respect to chemical substances whose impact on citizens' health and the environment is deemed substantial, request the submission of materials concerning the current status, etc. of the manufacture, import or sales of the relevant chemical substances in addition to the detailed performance reports under the subparagraphs of paragraph (1). <Amended on Apr. 1, 2021>

(4) Any person falling under Article 49 (1) 7 of the Act may, pursuant to the subparagraph 1 (d) (ii) and (iii) of attached Table 1 of the Decree, submit materials necessary for the calculation of annual sales to the President of the National Institute of Chemical Safety by March 31 every year. In such cases, the Minister of Environment may reflect them in calculating a penalty surcharge under subparagraph 1 of attached Table 1 of the Decree. <Amended on Apr. 1, 2021>

Article 54(Access and Inspection) #

(1) Access and inspection under Article 49 (1) of the Act shall be permitted where any of the following grounds exists: <Amended on May 30, 2017; Nov. 29, 2018; Apr. 1, 2021>

1. Where such access and inspection are required in accordance with such plan for regular or occasional guidance and inspection as determined by the Minister of Environment, the President of the National Institute of Chemical Safety or the head of a local environmental agency for the proper control of chemical substances;

2. Where a chemical accident has occurred or is likely to occur;

3. Where other institutions make reasonable requests or a civil petition is filed;

4. Where such access and inspection are inevitable for properly conducting affairs regarding permission, a report, approval, etc. under the Act;

5. To ascertain whether a plan for the prevention and management of chemical accidents or documents that may confirm any change to off-site analysis information under Article 29 (2) 5 is correct and whether the plan is implemented;

5-2. Where such access and inspection are required to verify whether a trial production plan under Article 29 (2) 4 is consistent with relevant facts and is complied with;

5-3. Deleted; <Apr. 1, 2021>

5-4. Deleted; <Apr. 1, 2021>

6. Where such access and inspection are required to verify whether the criteria for the arrangement, installation and management of hazardous chemical substance handling facilities under Article 24 of the Act are observed;

7. Where such access and inspection are required to verify whether an improvement order under Article 25 of the Act or an order to take measures under Article 46 of the Act is implemented;

8. Where such access and inspection are required to verify whether any person is subject to revocation of permission to conduct hazardous chemical substance business for any ground under Article 35 of the Act;

9. Where such access and inspection are required to verify whether the standards for control of substances requiring preparation for accidents under Article 40 of the Act are observed;

10. Deleted; <Apr. 1, 2021>

11. Where such access and inspection are required to verify whether a report on a chemical accident under Article 43 of the Act is proper;

12. Where such access and inspection are required to respond to a chemical accident on-site pursuant to Article 44 of the Act;

13. Where such access and inspection are required to conduct an investigation into the impact of a chemical accident under Article 45 of the Act;

14. Other cases which the Minister of Environment deems necessary for the safe control of chemical substances, other than the matters provided in subparagraphs 1 through 13.

ENFORCEMENT RULE OF THE CHEMICAL SUBSTANCES CONTROL ACT

Article 1(Purpose) #

Article 2(Verification of Chemical Substances) #

Article 3(Application for Certification of Verification of Chemical Substances)

Article 4(Statistical Survey of Chemical Substances) #

Article 5(Survey of Volume of Chemical Substance Discharges) #

Article 5-2(Preparation and Submission of Release Reduction Plan of Chemical Substances) #

Article 5-3(Publication of Release Reduction Plan) #

Article 5-4(Provision of Release Reduction Plan) #

Article 6(Procedures for Disclosure of Results of Surveys of Chemical Substances and Information) #

Article 7(Composition and Operation of Deliberative Committee on Disclosure of Information on Chemical Substances) #

Article 7-2(Disqualification of, Challenge to, or Refrainment by Members) #

Article 7-3(Dismissal of Members) #

Article 8(Criteria for Handling Hazardous Chemical Substances) #

Article 9(Handlers' Wearing of Personal Protective Gear) #

Article 10(Restrictions on Quantity of Hazardous Chemical Substances Displayed or Stored) #

Article 11(Preparation and Submission of Plan for Transporting Hazardous Chemical Substances) #

Article 12(Subject Matters Requiring Labeling of Hazardous Chemical Substances and Methods for Labeling) #

Article 13(Written Request for Cancellation of Suspension of Manufacture and Import of Hazardous Chemical Substances) #

Article 14(Permission to Manufacture, Import and Sell Prohibited Substances) #

Article 15(Permission to Manufacture, Import, or Use Chemical Substances Subject to Permission) #

Article 16(Permission to Import Restricted Substances) #

Article 17(Report on Import of Toxic Substances) #

Article 18(Approval for Export of Restricted Substances or Prohibited Substances) #

Article 19(Preparation and Submission of Risk Management Plans) #

Article 19-2(Review of Plan for Prevention and Management of Chemical Accidents) #

Article 19-3(Implementation of Plan for Prevention and Management of Chemical Accidents) #

Article 19-4(Notification of Plan for Prevention and Management of Chemical Accidents to Local Community) #

Article 20(Establishment of Plan for Responding to Local Chemical Accidents) #

Article 20-2 #

Article 20-3 #

Article 20-4 #

Article 20-5 #

Article 20-6 #

Article 21(Standards for Arrangement, Installation and Management of Handling Facilities) #

Article 21-2(Special Cases concerning Standards for Installation and Management of Handling Facilities) #

Article 22(Inspection Agencies) #

Article 23(Regular and Occasional Inspection of Hazardous Chemical Substance Handling Facilities) #

Article 24(Safety Diagnosis) #

Article 25(Orders to Improve Handling Facilities) #

Article 26(Self-Inspection of Handling Facilities) #

Article 27(Permission to Conduct Hazardous Chemical Substance Business) #

Article 28(Issuance of Permit) #

Article 29(Permission for Change, or Report on Change, in Hazardous Chemical Substance Business) #

Article 30(Provision of Information on Permission to Conduct Hazardous Chemical Substance Business) #

Article 30-2(Method of Verification of Identity) #

Article 31(Exemption from Permission to Conduct Hazardous Chemical Substance Business) #

Article 31-2(Methods of Announcement of Reagent Sellers) #

Article 31-3(Report on Reagent Sales Business) #

Article 31-4(Report on Changes in Reagent Sales Business) #

Article 32(Report on Awarding of Contracts for Handling Hazardous Chemical Substances) #

Article 33(Standards for Appointment of Hazardous Chemical Substance Supervisors) #

Article 34(Report on Appointment of Hazardous Chemical Substance Supervisors) #

Article 35(Educational Institution for Safety) #

Article 36(Plan for Safety Education) #

Article 37(Conduct of Safety Education) #

Article 38(Measures to Be Taken in Case of Suspension of Handling of Hazardous Chemical Substances, Suspension of Business or Closure of Business) #

Article 39(Report on Suspension of Handling of Hazardous Chemical Substances, Suspension of Business or Closure of Business) #

Article 40(Criteria for Taking Administrative Dispositions) #

Article 41(Succession to Rights and Obligations) #

Article 42(Approval for Joint Utilization of Hazardous Chemical Substance Supervisors and Handling Facilities) #

Article 43(Report on Changes in Joint Utilization) #

Article 44(Standards for Control of Substances Requiring Preparation for Accidents) #

Article 45 #

Article 46 #

Article 47 #

Article 47-2 #

Article 48 #

Article 49(Report on Occurrence of Chemical Accidents) #

Article 50(Requirements of Public Official for Control and Coordination of Accident) #

Article 50-2(Order to Stop Operation of Facilities at Which Chemical Accident Occurs) #

Article 50-3(Revocation of Order to Stop Operation of Facilities at Which Chemical Accident Occurs) #

Article 51(Orders to Take Measures) #

Article 52(Establishment and Operation of Comprehensive Chemical Information System) #

Article 53(Performance Report by Handler of Hazardous Chemical Substances) #

Article 54(Access and Inspection) #

Article 55(Chemical Substance Testing Agency) #

Article 56(Recording and Retention of Documents) #

Article 57(Application for Data Protection) #

Article 58(Management of Protected Data) #