CHAPTER I GENERAL PROVISIONS
The purpose of this Rule is to prescribe the matters mandated by the Chemical Substances Control Act and its Decree, and other matters necessary for the enforcement thereof.
CHAPTER II STATISTICAL SURVEYS OF, AND DISCLOSURE OF INFORMATION ON, CHEMICAL SUBSTANCES, ETC.
| Article 2 (Identification of Chemical Substances) |
| (1) | The identification of chemical substances (hereinafter referred to as "identification of chemical substances") provided in Article 9 (1) of the Chemical Substances Control Act (hereinafter referred to as the "Act"), with the exception of its subparagraphs, shall be conducted on the basis of any of the following documents: |
| 1. | A document stating the names, content, Chemical Abstracts Service (CAS) numbers, etc. of chemical substances (hereinafter referred to as "specification of ingredients") which constitute a product intended to be manufactured or imported; |
| 2. | A document related to the identification of a chemical substance provided by a manufacturer, exporter or person delegated with the identification; |
| (2) | Any person who identifies a chemical substance pursuant to paragraph (1) shall submit a detailed statement of identification in attached Form 1 to the association relating to the control of chemical substances established pursuant to 53 (1) of the Act (hereinafter referred to as the "Association"), together with the data used to idenfity the chemical substance among the documents specified in the subparagraphs of paragraph (1). In such cases, a detailed statement of identification regarding a chemical substance not directly related to market release, such as a reagent for experiments, research or testing or a chemical substance for trial production, may be submitted within 30 days after it is manufactured or imported. <Amended by Ordinance of the Ministry of Environment No. 701, May 30, 2017> |
| (3) | Any person to whom a certificate has been issued under Article 3 (2) shall be exempt from the submission of a detailed statement of identification under paragraph (2). |
| Article 3 (Application for Certification of Identification of Chemical Substances) |
| (1) | Any person who intends to apply for certification of the identification of a chemical substance pursuant to Article 9 (3) of the Act shall submit an application for certification in attached Form 2 to the Association together with a specification of ingredients. |
| (2) | The head of the Association who has received an application for certification under paragraph (1) shall identify whether the relevant chemical substance or any ingredient thereof constitutes any chemical substance referred to in the subparagraphs of Article 9 (1) of the Act and shall then deliver a certificate of identification in attached Form 3 to the applicant. |
| Article 4 (Statistical Survey, etc. 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 by Ordinance of the Ministry of Environment No. 745, Jan. 17, 2018> |
| 2. | A workplace 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; <by Ordinance of the Ministry of Environment No. 701, 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 regional environmental office (hereinafter referred to as "head of a regional 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 regional 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, etc. of Volume of Chemical Substance Discharges) |
| (1) | Where the head of a regional 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 regional 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 regional environmental agency, the President of the National Institute of Chemical Safety shall formulate and implement a plan for inducing a reduction in discharges from workplaces in consultation with the head of the regional 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 6 (Procedures, etc. 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 by Ordinance of the Ministry of Environment No. 701, May 30, 2017; Ordinance of the Ministry of Environment No. 778, 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 by Ordinance of the Ministry of Environment No. 778, 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 by Ordinance of the Ministry of Environment No. 778, 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 by Ordinance of the Ministry of Environment No. 778, 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 by Ordinance of the Ministry of Environment No. 701, May 30, 2017; Ordinance of the Ministry of Environment No. 778, 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 by Ordinance of the Ministry of Environment No. 778, 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 by Ordinance of the Ministry of Environment No. 778, 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 by Ordinance of the Ministry of Environment No. 701, May 30, 2017; Ordinance of the Ministry of Environment No. 778, Nov. 29, 2018> |
| Article 7 (Composition and Operation of Deliberative Committee on Disclosure of Information on Chemical Substances) |
| (1) | The Deliberative Committee on Disclosure of Information on Chemical Substances shall be comprised of nine members, including one chairperson; and the following persons shall serve as committee members: <Amended by Ordinance of the Ministry of Environment No. 708, Jul. 31, 2017> |
| 1. | Each public official designated by the Minister of the Interior and Safety, the Minister of Trade, Industry and Energy, the Minister of Environment and the Minister of Employment and Labor, from among public officials of the respective ministries; |
| 2. | Five civilian members commissioned by the Minister of Environment from among persons who have abundant knowledge and experience in the relevant fields such as chemistry, the environment, health, etc. |
| (2) | The chairperson of the Deliberative Committee on Disclosure of Information on Chemical Substances shall be appointed or commissioned by the Minister of Environment from among the members thereof. |
| (3) | The term of office of the members under paragraph (1) 2 shall be three years and may be consecutively appointed only once. |
| (4) | A majority of the members of the Deliberative Committee on Disclosure of Information on Chemical Substances shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present. |
| (5) | Except as otherwise provided in paragraphs (1) through (4), matters necessary for the composition and operation of the Deliberative Committee on Disclosure of Information on Chemical Substances shall be determined by the Minister of Environment. |
| 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 shall be disqualified from its deliberation and resolution in any of the following cases: |
| 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 is a former executive officer or employee for a corporation or organization whose information shall be disclosed for the preceding three years. |
| (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 by Ordinance of the Ministry of Environment No. 701, May 30, 2017]
CHAPTER III SAFETY CONTROL OF HAZARDOUS CHEMICAL SUBSTANCES
Section 1 Criteria, etc. for Handling Hazardous Chemical Substances
| Article 8 (Criteria for Handling Hazardous Chemical Substances) |
Criteria for handling hazardous chemical substances under subparagraph 6 of Article 13 of the Act shall be as listed in attached Table 1.
| Article 9 (Handlers' Wearing of Personal Protective Gear) |
| 1. | Where hazardous chemical substances are handled indoors such as a laboratory; |
| 2. | Where safety measures need to be taken in the course of transporting hazardous chemical substances to other handling facility; |
| 3. | Where hazardous chemical substances with inhalation toxicity are handled; |
| 4. | Where hazardous chemical substances are loaded or unloaded; |
| 5. | Where skin or eye irritating hazardous chemical substances are handled; |
| 6. | Where a hazardous chemical substance handling facility is maintained or repaired; |
| 7. | Except as otherwise provided in subparagraphs 1 through 6, cases publicly notified by the Minister of Environment as deemed necessary for the safety control of hazardous chemical substances. |
| Article 10 (Restrictions, etc. on Quantity of Hazardous Chemical Substances Displayed or Stored) |
| (1) | "Certain quantity prescribed by Ordinance of the Ministry of Environment" in Article 15 (1) of the Act means the quantity categorized as follows: |
| 1. | Toxic substances: 500 kilograms; |
| 2. | Substances subject to permission, restricted substances, prohibited substances or substances requiring preparation for accidents: 100 kilograms. |
| (2) | Where any person who handles hazardous chemical substances intends to display or store such substances in excess of the quantity specified in any subparagraph of paragraph (1), he or she shall submit a plan for display or storage in attached Form 7 to the head of a regional environmental agency pursuant to Article 15 (1) of the Act. |
| (3) | The head of a regional environmental agency shall issue a certificate of confirmation in attached Form 8 specifying matters requiring attention in cases of display or storage to the submitter of a plan for display or storage and other related matters, after visiting the site within 10 days from the date of receipt of such plan for display or storage under paragraph (2) and verifying whether outsider's access is blocked, whether there is any possibility of the occurrence of a chemical accident, whether there is any danger in a preservation and storage facility and other related matters. |
| Article 11 (Preparation, Submission, etc. of Plan for Transporting Hazardous Chemical Substances) |
| (1) | "Certain quantity prescribed by Ordinance of the Ministry of Environment" in Article 15 (3) of the Act means the quantity categorized as follows: |
| 1. | Toxic substances: 5,000 kilograms; |
| 2. | Substances subject to permission, restricted substances, prohibited substances or substances requiring preparation for accidents: 3,000 kilograms. |
| (2) | When a person transporting hazardous chemical substances intends to transport such substances in excess of the quantity specified in any subparagraph of paragraph (1), he or she shall submit a transportation plan in attached Form 9 to the head of the relevant regional environmental agency in accordance with Article 15 (3) of the Act, together with a detailed statement of the passage, including the transporter, the course and route of transportation, and transportation time and break time (limited to where breaks are taken under subparagraph 28 of attached Table 1). <Amended by Ordinance of the Ministry of Environment No. 701, May 30, 2017> |
| (3) | Any person who has submitted a transportation plan pursuant to paragraph (2) shall take a measure to have the transporter, the driver or the convoy person carry a copy of such plan with himself or herself. |
| (4) | The head of a regional environmental agency who has received a transportation plan pursuant to paragraph (2) shall verify whether there is any river around the passages, whether there is any risk of the spread of a chemical accident, whether there is any passage through a residential area and other related matters, and shall then take measures for the safety control of chemical substances, if necessary. |
| Article 12 (Subject Matters Requiring Labeling of Hazardous Chemical Substances and Methods for Labeling) |
| (1) | Subject matters regarding which a person handling hazardous chemical substances shall label on hazardous chemical substances pursuant to Article 16 (1) and (2) of the Act shall be as follows: <Amended by Ordinance of the Ministry of Environment No. 730, Dec. 27, 2017> |
| 1. | Preservation and storage facilities and display and storage sites for hazardous chemical substances; |
| 2. | Transport vehicles (including containers and portable tank trucks) for hazardous chemical substances; |
| 3. | Containers and packages for hazardous chemical substances; |
| 4. | Workplaces in which hazardous chemical substance handling facilities (excluding hazardous chemical substance handling facilities in a size smaller than the size specified in Article 19 (3)) are installed and operated. |
| (3) | Where hazardous chemical substances are labeled pursuant to Article 16 (1) and (2) of the Act, such labels shall be indicated based on the hazard classes specified in attached Table 3. |
| (4) | Except as otherwise provided in paragraphs (1) and (2), matters necessary for the labeling of hazardous chemical substances shall be determined and publicly notified by the President of the National Institute of Environmental Research. |
| Article 13 (Written Request, etc. for Cancellation of Suspension of Manufacture, Import, etc. of Hazardous Chemical Substances) |
| (2) | A written confirmation as to whether to cancel the suspension of the manufacture, import, etc. of hazardous chemical substances under Article 8 (2) of the Decree shall be provided in attached Form 11. |
| Article 14 (Permission, etc. 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 regional environmental agency, together with a plan for use and sale. |
| (2) | The head of a regional 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 regional employment and labor agency, he or she deems it possible to approve the manufacture, import or use under Article 37 (2) of the Occupational Safety and Health Act and to safely manage the relevant substance. |
| (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; |
| (c) | The whole capacity of preservation and storage facilities; |
| (d) | The use of the prohibited substance, the manufacture, import or use of which is permitted; |
| (e) | The location of the workplace (excluding where an office is alone in the workplace); |
| 2. | Subject matters requiring a report on changes: The name and representative of the workplace, 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 regional 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 evidencing the changes; |
| 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 regional 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, etc. to Manufacture, Import or Use 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 regional 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 regional 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 regional 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 regional 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, etc. 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 regional 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 regional 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: |
| 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 50/100 of the quantity increases: |
| (a) | The kind or content of the restricted substance, the import of which is permitted; |
| (b) | An estimated quantity permitted; |
| (c) | The whole capacity of preservation and storage facilities; |
| (d) | The use of the restricted substance, the import of which is permitted; |
| (e) | The location of the workplace (excluding where an office is alone in the workplace); |
| 2. | Subject matters requiring a report on changes: The name and representative of the workplace, 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 regional 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 evidencing the changes; |
| 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 regional 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 17 (Report, etc. on Import of Toxic Substances) |
| (1) | Any person who intends to report the import of a toxic substance pursuant to Article 20 (2) of the Act shall submit a report on import in attached Form 23 to the head of a regional environmental agency, together with a document proving the ingredients of the toxic substance. |
| (2) | The head of a regional environmental agency who has received a report on import under paragraph (1) shall issue a certificate of a report on import in attached Form 24 to the reporter. |
| (3) | Subject matters requiring a report on changes with respect to a report on the import of a toxic substance under Article 20 (4) of the Act shall be changes made in the following matters: Provided, That, in cases falling under subparagraph 2, a report on changes shall be required only where at least 50/100 of the quantity increases: |
| 1. | The kind or content of the toxic substance, the import of which is reported; |
| 2. | An estimated quantity of import reported; |
| 3. | The use of the toxic substance, the import of which is reported; |
| 4. | The name and representative of the workplace, or the location of the office. |
| (4) | Any person who intends to report changes with respect to a report on the import of a toxic substance under Article 20 (4) of the Act shall, within 30 days from the date the cause for such changes occur, submit a report on changes in attached Form 25 to the head of a regional environmental agency, together with the following documents: |
| 1. | A document evidencing the changes; |
| 2. | The original copy of the certificate of a report on import under paragraph (2). |
| (5) | Where the head of a regional environmental agency receives a report on changes under paragraph (4), he or she shall issue a certificate of a report on changes in attached Form 26 to the reporter. |
| (6) | If necessary for the receipt, etc. of reports on the import of toxic substances, the head of a regional environmental agency may request the Association to provide support for the relevant affairs. |
| Article 18 (Approval, etc. to Export 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 regional environmental agency before initially exporting the relevant substance, together with the following documents: |
| 3. | A certificate of guaranty of an exporter. |
| (2) | The head of a regional 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 regional 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 workplace, 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 regional 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 evidencing the changes; |
| 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 regional environmental agency who has received an application under paragraph (5) shall issue a written approval for changes in attached Form 30 to the applicant. |
Section 2 Installation, Operation, etc. of Hazardous Chemical Substance Handling Facilities
| Article 19 (Preparation, Submission, etc. of Off-Site Consequence Analysis of Chemical Accidents) |
| (1) | Any person who intends to install and operate a hazardous chemical substance handling facility (excluding a laboratory under subparagraph 2 of Article 2 of the Act on the Establishment of Safe Laboratory Environment) pursuant to Article 23 (1) of the Act shall, by no later than 30 days before the commencement day of the construction work of the relevant facility, submit (including submission by electronic document) an application for examination in attached Form 31 to the President of the National Institute of Chemical Safety, together with an analysis of the consequence of a chemical accident caused by hazardous chemical substances on the outside of the workplace (hereinafter referred to as "off-site consequence analysis"). The same shall also apply where the extent of the impact of a chemical accident on people, the environment, etc. in the vicinity of the workplace is magnified due to any of the following causes: <Amended by Ordinance of the Ministry of Environment No. 647, Apr. 7, 2016; Ordinance of the Ministry of Environment No. 730, Dec. 27, 2017> |
| 1. | Expansion of a handling facility in the same workplace; |
| 2. | Change to the location of a handling facility within the boundary of the workplace; |
| 3. | Changes to handled hazardous chemical substance. |
| (2) | Methods for the preparation of an off-site consequence analysis shall be as specified in attached Table 4. |
| (3) | Notwithstanding paragraph (1), any person who installs and operates a hazardous chemical substance handling facility, the size of which is smaller than the size determined and publicly notified by the Minister of Environment, may submit an application for examination in attached Form 31 to the President of the National Institute of Chemical Safety, together with an off-site consequence analysis containing only the content specified in subparagraphs 1 (a) and (b) and 3 of attached Table 4, where it is deemed that the occurrence of a chemical accident would have minimal impact on people, the environment, etc. in the vicinity of the workplace. |
| (4) | Upon the examination of an application under paragraphs (1) and (3) within 30 days from the date of receipt of such application, the President of the National Institute of Chemical Safety shall issue a written result of examination in attached Form 32 to the applicant specifying the degree of risk (which shall be classified into ‘high concern,' ‘moderate concern' and ‘low concern' according to the process hazard and the possibility of an accident), suitability or unsuitability, and other related matters of the handling facility. |
| (5) | If it is necessary to supplement or modify the application under paragraphs (1) and (3) and the attached documents, the President of the National Institute of Chemical Safety shall notify the applicant in attached Form 33 specifying the matters requiring supplementation or modification and the period for submission. In such cases, the period from the date of request for supplementation or modification of the materials to the date of submission shall not be included in the period of examination under paragraph (4). |
| (6) | Except as otherwise provided in paragraphs (1) through (5), matters necessary for the preparation of, the method of submitting, and standards for examination of an off-site consequence analysis, etc. shall be determined and publicly notified by the Minister of Environment. <Amended by Ordinance of the Ministry of Environment No. 730, Dec. 27, 2017> |
| Article 20 (Standards for Designating Specialized Institutions for Preparation of Off-Site Consequence Analysis) |
Each institution that intends to be designated as a specialized institution for the preparation of an off-site consequence analysis under Article 23-2 (1) of the Act (hereinafter referred to as "specialized institution for the preparation of an off-site consequence analysis") shall satisfy the criteria including human resources, facilities, equipment, etc. as specified in attached Table 4-2. [This Article Wholly Amended by Ordinance of the Ministry of Environment No. 668, Jul. 27, 2016]
| Article 20-2 (Procedure, etc. for Designating Specialized Institutions for Preparation of Off-Site Consequence Analysis) |
| (1) | Where the President of the National Institute of Chemical Safety intends to designate specialized institutions for the preparation of off-site consequence analyses pursuant to Article 23-2 (1) of the Act, he or she shall publicly announce a plan for designating specialized institutions for the preparation of off-site consequence analyses, including the period and method for filing an application, standards for evaluation and other matters, on the website, etc. of the National Institute of Chemical Safety. |
| (2) | An institution that intends to be designated as a specialized institution for the preparation of an off-site consequence analysis shall submit an application for designation of a specialized institution for the preparation of an off-site consequence analysis in attached Form 33-2 to the President of the National Institute of Chemical Safety, together with the following documents (including electronic documents): |
| 1. | One set of a list of personnel and a document evidencing the list; |
| 2. | One set of lists of facilities and equipment and documents evidencing the lists (if a building is leased, the set shall include a lease agreement on the building); |
| 3. | One set of documents evidencing that the applicant carries liability insurance indemnifying the applicant against liability for losses of at least 500 million won incurred in connection with the preparation of an off-site consequence analysis; |
| 4. | A plan for operating the specialized institution for the preparation of an off-site consequence analysis. |
| (3) | Upon receipt of an application submitted pursuant to paragraph (2), the public official in charge shall verify the relevant corporate registration certificate, business registration certificate and national technical qualification certificates by sharing administrative information under Article 36 (1) of the Electronic Government Act: Provided, That, if the applicant does not consent to the verification of the business registration certificate or national technical qualification certificates, the public official shall have the applicant attach a copy of such certificate. |
| (4) | Where the President of the National Institute of Chemical Safety designates a specialized institution for the preparation of an off-site consequence analysis pursuant to Article 23-2 (1) of the Act, he or she shall issue a certificate of designation of the specialized institution for the preparation of an off-site consequence analysis in attached Form 33-3 and shall publicly notify the name, the location of the office and the name of the representative of the specialized institution for the preparation of an off-site consequence analysis. |
| (5) | Deleted. <by Ordinance of the Ministry of Environment No. 778, Nov. 29, 2018> |
| (6) | The President of the National Institute of Chemical Safety shall periodically inspect the operating status of specialized institutions for the preparation of off-site consequence analyses to ascertain whether the standards for human resources, facilities, equipment, etc. under Article 20 are satisfied. |
| (7) | Other matters necessary for designating specialized institutions for the preparation of off-site consequence analyses, inspecting the operating status of such institutions, etc. shall be determined and publicly notified by the President of the National Institute of Chemical Safety. <Amended by Ordinance of the Ministry of Environment No. 778, Nov. 29, 2018> |
[This Article Newly Inserted by Ordinance of the Ministry of Environment No. 668, Jul. 27, 2016]
| Article 20-3 (Education of Human Resources of Specialized Institution for Preparation of Off-Site Consequence Analysis) |
| (1) | Pursuant to Article 23-2 (3) of the Act, a specialized institution for the preparation of an off-site consequence analysis shall ensure that its full-time employees complete the following educational programs. In such cases, where a person who completed educational programs transfers to another specialized institution for the preparation of an off-site consequence analysis, such person shall complete regular educational programs under subparagraph 2 commencing from the date he or she completed the last educational program: |
| 1. | Initial educational program: An educational program that an employee shall complete within six months from the date of employment; |
| 2. | Regular educational programs: Educational programs that a person shall complete within three months before or after the third anniversary of the date of completion of the initial educational program or the immediately preceding regular educational program. |
| (2) | The educational course for each category of employees under paragraph (1) shall be as follows and education hours for each educational course shall be 16 hours: |
| 1. | Core personnel specified in subparagraph 1 (a) (i) of attached Table 4-2: An advanced course for the preparation of an off-site consequence analysis; |
| 2. | Assistants specified in subparagraph 1 (a) (ii) of attached Table 4-2: A course that each trainee selects; either the general course or advanced course for the preparation of an off-site consequence analysis. |
[This Article Newly Inserted by Ordinance of the Ministry of Environment No. 778, Nov. 29, 2018]
| Article 20-4 (Amended Designation of Specialized Institutions for Preparation of Off-Site Consequence Analysis) |
| (1) | Where a change occurs to any of the following matters, a specialized institution for the preparation of an off-site consequence analysis shall submit an application for amending the designation of the specialized institution for the preparation of an off-site consequence analysis in attached Form 33-4 to the President of the National Institute of Chemical Safety, together with the original certificate of designation and documents evidencing such change, pursuant to Article 23-2 (4) of the Act: |
| 2. | The name of the specialized institution for the preparation of an off-site consequence analysis; |
| 3. | Location of the office or representative. |
| (2) | Upon receipt of an application for amending designation under paragraph (1), the President of the National Institute of Chemical Safety shall enter the details of the amendment on the back of the certificate of designation of the specialized institution for the preparation of an off-site consequence analysis and shall return the certificate to the applicant. |
| (3) | Except as otherwise provided in paragraphs (1) and (2), matters necessary for amending the designation of a specialized institution for the preparation of an off-site consequence analysis shall be determined and publicly notified by the President of the National Institute of Chemical Safety. |
[This Article Newly Inserted by Ordinance of the Ministry of Environment No. 778, Nov. 29, 2018]
| Article 20-5 (Criteria for Determining False or Insufficient Entries in Off-Site Consequence Analysis) |
Specific criteria for determining false or insufficient entries under Article 23-3 (2) of the Act shall be as specified in attached Table 4-3. [This Article Newly Inserted by Ordinance of the Ministry of Environment No. 778, Nov. 29, 2018]
| Article 20-6 (Revocation, etc. of Designation of Specialized Institution for Preparation of Off-Site Consequence Analysis) |
| (1) | Where the President of the National Institute of Chemical Safety revokes the designation of a specialized institution for the preparation of an off-site consequence analysis under Article 23-4 (1) of the Act, he or she shall publicly notify the name of the specialized institution for the preparation of an off-site consequence analysis whose designation is revoked, the location of its office and the name of its representative without delay and shall publicly announce the revocation on the website of the National Institute of Chemical Safety. <Amended by Ordinance of the Ministry of Environment No. 778, Nov. 29, 2018> |
| (2) | Any person whose designation as a specialized institution for the preparation of an off-site consequence analysis is revoked under Article 23-4 (1) of the Act shall return the certificate of designation of the specialized institution for the preparation of an off-site consequence analysis that was issued under Article 20-2 (4) to the President of the National Institute of Chemical Safety. <Amended by Ordinance of the Ministry of Environment No. 778, Nov. 29, 2018> |
| (3) | The criteria for revoking the designation of a specialized institution for the preparation of an off-site consequence analysis or issuing an order to suspend business of such institution under Article 23-4 (2) of the Act shall be as specified in attached Table 4-4. <Newly Inserted by Ordinance of the Ministry of Environment No. 778, Nov. 29, 2018> |
| (4) | A person who intends to continue business operations as a specialized institution for the preparation of an off-site consequence analysis under the former part of Article 23-4 (3) of the Act shall notify the President of the National Institute of Chemical Safety of the agreement between parties to the relevant agency contract and the details of functions of the agency. <Newly Inserted by Ordinance of the Ministry of Environment No. 778, Nov. 29, 2018> |
| (5) | "Period prescribed by Ordinance of the Ministry of Environment" in the latter part of Article 23-4 (3) of the Act means one month. <Newly Inserted by Ordinance of the Ministry of Environment No. 778, Nov. 29, 2018> |
| (6) | Other matters necessary for the revocation, etc. of the designation of a specialized institution for the preparation of an off-site consequence analysis shall be determined and publicly notified by the President of the National Institute of Chemical Safety. <Amended by Ordinance of the Ministry of Environment No. 778, Nov. 29, 2018> |
[This Article Newly Inserted by Ordinance of the Ministry of Environment No. 668, Jul. 27, 2016]
| Article 21 (Standards for Arrangement, Installation and Management of Handling Facilities) |
| (2) | Standards for the installation and management of hazardous chemical substance handling facilities under Article 24 (1) of the Act shall be as specified in attached Table 5. |
| 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 workplace 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 regional 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 by Ordinance of the Ministry of Environment No. 701, May 30, 2017]
| Article 22 (Inspection Agencies, etc.) |
| (1) | "Inspection agency prescribed by Ordinance of the Ministry of Environment" in Article 24 (2) of the Act means the following institutions: |
| 4. | Other institutions designated and publicly notified by the Minister of Environment as he or she deems that they have capabilities to conduct inspection and safety diagnosis of hazardous chemical substance handling facilities, other than the institutions provided in subparagraphs 1 through 3. |
| (2) | If necessary for the inspection and safety diagnosis of hazardous chemical substance handling facilities, the Minister of Environment may request any inspection agency under paragraph (1) to provide the relevant materials. In such cases, the inspection agency so requested shall comply with such request. |
| (3) | The Minister of Environment shall periodically verify whether the inspection agencies under paragraph (1) have capabilities for the inspection and safety diagnosis of hazardous chemical substance handling facilities. |
| (4) | Except as otherwise provided in paragraphs (2) and (3), matters necessary for the management, etc. of the inspection agencies under paragraph (1) shall be prescribed by the Minister of Environment. |
| Article 23 (Regular and Occasional Inspection, etc. 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 report on the inspection results in attached Form 34 to the head of a regional environmental agency together with the written results of inspection. |
| (2) | "Period prescribed by Ordinance of the Ministry of Environment" in the main sentence of Article 24 (3) of the Act means one year (two years in the case of a hazardous chemical substance handling facility which does not require permission to conduct hazardous chemical substance business under Article 28 of the Act). |
| (3) | Where a chemical accident occurs in a hazardous chemical substance handling facility, such facility shall undergo an occasional inspection under the main sentence 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 regional environmental agency shall notify in attached Form 35 that the facility is subject to an occasional inspection under the main sentence 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 sentence of Article 24 (3) of the Act shall submit a report on the inspection results in attached Form 36 to the head of a regional environmental agency together with the written results of inspection. |
| (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. |
| Article 24 (Safety Diagnosis, etc.) |
| (2) | "Period prescribed by Ordinance of the Ministry of Environment" in Article 24 (4) 2 of the Act means the following periods categorized according to the degree of risk of handling facilities under Article 19 (4): Provided, That, where there does not exist any results of examination of the degree of risk of the relevant handling facility, the period shall be four years: |
| 1. | Hazardous chemical substance handling facilities of high concern: Every four years from the date of receipt of the written results of examination under Article 19 (4); |
| 2. | Hazardous chemical substance handling facilities of moderate concern: Every eight years from the date of receipt of the written results of examination under Article 19 (4); |
| 3. | Hazardous chemical substance handling facilities of low concern: Every 12 years from the date of receipt of the written results of examination under Article 19 (4). |
| (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 (4) 2 of the Act, conduct a safety diagnosis under paragraph (1) within 60 days after the expiration of the period under paragraph (2). |
| (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 regional 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 regional 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, etc. 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 regional 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 regional 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 regional 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 regional 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 regional environmental agency together with a detailed report on the implementation results. In such cases, the head of a regional 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 by Ordinance of the Ministry of Environment No. 774, Oct. 26, 2018> |
| (6) | Where the head of a regional 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 26 (Self-Inspection of Handling Facilities, etc.) |
| (1) | The results of an inspection conducted under Article 26 (1) of the Act shall be recorded in the inspection ledger in attached Form 42 and shall be easily viewable to or accessible by the persons handling a hazardous chemical substance. |
| (2) | "Whether the safety of the hazardous chemical substance handling facility, equipment, etc. prescribed by Ordinance of the Ministry of Environment is maintained" in Article 26 (2) 6 of the Act means the following: |
| 1. | Whether a fire or explosion is likely to occur due to a water-reactive substance or a flammable solid having contact with water; |
| 2. | Whether a fire or explosion is likely to occur as the vapor of a flammable liquid or flammable gas exists in the air; |
| 3. | Whether a fire or explosion is likely to occur as a substance with the risk of spontaneous combustion exists in and around a handling facility or equipment; |
| 4. | Whether leakage detectors, safety valves, alarms, and temperature and pressure instruments operate normally; |
| 6. | Whether a hazardous chemical substance is released or leaks because facilities for storage and preservation of such substance are corroded, damaged or cracked. |
CHAPTER IV HAZARDOUS CHEMICAL SUBSTANCE BUSINESS OPERATORS
Section 1 Classification of and Permission for Hazardous Chemical Substance Business
| Article 27 (Permission, etc. 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 regional environmental agency together with the following documents: |
| 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; |
| 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; |
| (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. | A corporation registration certificate (limited to where the applicant is 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. |
| (5) | "Where any change is made in the important matters prescribed by Ordinance of the Ministry of Environment" in the proviso of Article 28 (4) of the Act means the following cases: <Amended by Ordinance of the Ministry of Environment No. 701, May 30, 2017> |
| 1. | Where any change is made in evaluation information on an off-site consequence analysis under subparagraph 2 of attached Table 4 among the items to be stated in an off-site consequence analysis; |
| Article 28 (Issuance, etc. of Permit) |
| (1) | Where the head of a regional environmental agency grants permission pursuant to the main sentence of Article 28 (4) of the Act, he or she shall issue a permit in attached Form 45 to the applicant. |
| (2) | The head of a regional environmental agency shall re-issue or correct a permit under paragraph (1) in any of the following cases: |
| 1. | Where a hazardous chemical substance business operator applies for re-issuance of a permit due to the loss or damage of such permit; |
| 2. | Where a hazardous chemical substance operator applies for correction of any matter stated in a permit by attaching the permit and other documents evidencing the cause for correction. |
| 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 by Ordinance of the Ministry of Environment No. 647, Apr. 7, 2016; Ordinance of the Ministry of Environment No. 701, May 30, 2017; Ordinance of the Ministry of Environment No. 774, Oct. 26, 2018> |
| 1. | Subject matters requiring permission for changes: Where any change is made in 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; |
| (b) | An annual quantity manufactured or used; |
| (c) | Items of hazardous chemical substances for which permission is granted (limited to where items are added, but excluding cases falling under subparagraph 2 (b)); |
| (d) | Where any change is made in evaluation information on off-site consequence analysis under subparagraph 2 of attached Table 4 among the items to be stated in an off-site consequence analysis (limited to where the extent of the impact of a chemical accident caused by the expansion of a handling facility in the same workplace, the relocation of a handling facility within the boundary of the workplace, the change of a handled hazardous chemical substance or a similar event on people, the environment, etc. in the vicinity of the workplace is magnified, but excluding cases falling under subparagraph 2 (b)); |
| (e) | The location of the workplace (excluding where an office is alone in the workplace); |
| 2. | Subject matters requiring a report on changes: Any of the following cases: |
| (a) | Where the name of the workplace, the representative or the location of the office has changed; |
| (b) | Where any change is made in evaluation information on off-site consequence analysis specified in subparagraph 2 of attached Table 4 among the items to be stated in an off-site consequence analysis due to the change of a handled hazardous chemical substance, but the chemical substance is used for trial production not directly related to market release (limited to where the period of trial production does not exceed 60 days); |
| (c) | Where any change is made in evaluation information on off-site consequence analysis specified in subparagraph 2 of attached Table 4 among the items to be stated in an off-site consequence analysis, but the extent of the impact of a chemical accident on people, the environment, etc. in the vicinity of the workplace is not magnified (limited to where a handling facility in the same workplace is extended, a handling facility is relocated within the boundary of the workplace or a handled hazardous chemical substance is changed); |
| (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)); |
| (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 regional 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 regional 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 (b), before the relevant matter is changed; and in the case of paragraph (1) 2 (e), within 60 days from the date the relevant matter is changed): <Amended by Ordinance of the Ministry of Environment No. 647, Apr. 7, 2016; Ordinance of the Ministry of Environment No. 701, May 30, 2017; Ordinance of the Ministry of Environment No. 774, Oct. 26, 2018> |
| 1. | A document evidencing the changes; |
| 2. | An amended off-site consequence analysis and an amended risk management plan (limited to permission for changes; but if any chemical substance is additionally permitted to the extent which the impact of a chemical accident on people, the environment, etc. in the vicinity of the workplace is not magnified, such analysis and plan may substitute the off-site consequence analysis amended according to a review on amending evaluation information on off-site consequence analysis under subparagraph 5); |
| 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 review verified by the relevant hazardous chemical business operator or a specialized institution under Article 20 (1) on amending evaluation information on off-site consequence analysis (limited to the case of paragraph (1) 2 (c)); |
| (3) | The head of a regional environmental agency who has granted permission for changes in hazardous chemical substance business or received a report on changes in hazardous chemical substance business pursuant to Article 28 (5) of the Act shall issue to the applicant a permit for changes in attached Form 45 or a certificate of a report on changes in attached Form 47. |
| (4) | Except as otherwise provided in paragraphs (1) through (3), matters necessary for the procedure for reporting changes, preparation of a trial production plan and a review on amending evaluation information on off-site consequence analysis, etc. shall be determined and publicly notified by the Minister of Environment. <Newly Inserted by Ordinance of the Ministry of Environment No. 647, Apr. 7, 2016> |
| Article 30 (Provision of Information on Permission to Conduct Hazardous Chemical Substance Business) |
| (1) | The head of a regional environmental agency shall issue a copy of the permit or a copy of the certificate of a report to the chief of the fire station having jurisdiction over the location of the hazardous chemical substance handling facility pursuant to Article 28 (6) of the Act within 30 days from the date of permission for, permission for changes in or report on changes in hazardous chemical substance business under Article 28 (4) or (5) of the Act. |
| (2) | The head of a regional environmental agency shall pursuant to Article 28 (7) of the Act provide materials concerning the current status of establishing hazardous chemical substance handling facilities to the chemical accident-response agencies such as the competent fire-fighting government offices and local governments every two years from the reference date of January 31. |
| Article 30-2 (Method, etc. of Verification of Identity) |
Where a person provides a mail order service under the Act on the Consumer Protection in Electronic Commerce under Article 28-2 (1) of the Act, he or she shall verify the actual name, age and identity of the purchaser by any of the following methods: | 1. | Verification of such information through a copy of a business registration certificate received by fax or mail; |
[This Article Newly Inserted by Ordinance of the Ministry of Environment No. 730, Dec. 27, 2017]
| 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 by Ordinance of the Ministry of Environment No. 701, May 30, 2017; Ordinance of the Ministry of Environment No. 730, Dec. 27, 2017> | 1. | A person who transports not more than one ton of hazardous chemical substances at one time; |
| (a) | A person who is obligated to submit an off-site consequence analysis (excluding where such analysis is prepared pursuant to Article 19 (3)); |
| (b) | A person who is obligated to submit a risk management plan; |
| 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 31-2 (Methods, etc. of Announcement of Reagent Sellers) |
| (1) | A person who sells reagents with exemption from business permission under subparagraph 2 of Article 29 of the Act shall label the details of the matters specified in the subparagraphs of Article 29-2 (1) of the Act on containers for reagents or shall provide (including provision by electronic document) buyers with a written summary of information on reagents in attached Form 47-2 and shall announce the following matters additionally in any of the following cases: |
| 1. | Where reagents are displayed and stored for sale: Such information shall be affixed noticeably near the entrance of the shop; |
| 2. | Where reagents are sold via mail order: Such information shall be posted on the website. |
[This Article Newly Inserted by Ordinance of the Ministry of Environment No. 730, Dec. 27, 2017]
| Article 31-3 (Report, etc. on Reagent Sales Business) |
| (1) | A person who intends to operate the business of selling reagents for experiments, research or testing that constitute hazardous chemical substances for such intended purpose pursuant to Article 29-3 (1) of the Act shall submit a report on reagent sales business in attached Form 47-3 to the head of the relevant regional environmental agency together with the documents specified in Article 27 (1) 2 and 3. |
| (2) | Upon receipt of an application under paragraph (1), the head of a regional environmental agency shall verify the relevant business registration certificate by sharing administrative information under Article 36 (1) of the Electronic Government Act: Provided, That the applicant who does not consent to verification in such manner shall be required to attach a copy of the relevant document. |
| (3) | Upon receipt of a report under paragraph (1), the head of a regional environmental agency shall verify the details of the report and shall issue a written confirmation of a report on reagent sales business in attached Form 47-4 to the reporting person. |
[This Article Newly Inserted by Ordinance of the Ministry of Environment No. 730, Dec. 27, 2017]
| Article 31-4 (Report, etc. on Changes in Reagent Sales Business) |
| (1) | "Where a person ... intends to change any important matter prescribed by Ordinance of the Ministry of Environment" in Article 29-3 (2) of the Act means the following cases: |
| 1. | Where the company name, the name of the representative or the location of the workplace is changed; |
| 2. | Where the number of handled hazardous chemical substances has increased by at least 30/100 after submitting a report or a report on changes under Article 29-3 (1) or (2) of the Act. |
| (2) | A person who intends to report changes under Article 29-3 (2) of the Act shall submit a report on changes in attached Form 47-5 to the head of the relevant regional environmental agency within 30 days from the date such changes occur to the relevant matter, together with the following documents: |
| 1. | Documents evidencing the changes; |
| 2. | A written confirmation of a report on reagent sales business under Article 31-3 (3). |
| (3) | Upon receipt of a report on changes under paragraph (2), the head of a regional environmental agency shall verify the details of the report on changes, enter the details of the changes in a written confirmation of a report on reagent sales business in attached Form 47-4 and issue the written confirmation to the person who submitted the report. |
[This Article Newly Inserted by Ordinance of the Ministry of Environment No. 730, Dec. 27, 2017]
Section 2 Management of Hazardous Chemical Substance Business Operators
| Article 32 (Report, etc. 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 Article 31 (1) of the Act, he or she shall submit a report on the contract in attached Form 48, together with following documents, to the head of the relevant regional environmental agency before the contractor 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 by Ordinance of the Ministry of Environment No. 701, May 30, 2017> |
| 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 (2) 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) | "Ability and standards prescribed by Ordinance of the Ministry of Environment" in Article 31 (3) of the Act means the following: |
| 2. | To comply with the standards for arrangement, installation and management of hazardous chemical substance handling facilities under Article 24 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. |
| (3) | "Activities prescribed by Ordinance of the Ministry of Environment, such as the unreasonable operation of a handling facility for the contractor" in Article 31 (4) of the Act means the following: |
| 1. | Reduction of the period of construction or repair as determined in a contract for work, etc.; |
| 2. | Construction and repair of a hazardous chemical substance handling facility late at night: Provided, That urgent construction or repair necessary to prevent chemical accidents shall be excluded; |
| 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 by Ordinance of the Ministry of Environment No. 701, 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. | Inspectors 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 34 (Report, etc. on Appointment of Hazardous Chemical Substance Supervisors) |
| (1) | Where a hazardous chemical substance supervisor is appointed, dismissed or retires, any person who has appointed the hazardous chemical substance supervisor pursuant to Article 32 (1) and (2) of the Act shall make a report thereon in attached Form 49 to the head of a regional environmental agency without delay, together with the following documents: |
| 1. | A report on appointment, dismissal or retirement in attached Form 50; |
| 2. | A list of hazardous chemical substance supervisors. |
| (2) | The head of a regional environmental agency who has received a report under paragraph (1) issue a certificate of a report in attached Form 51 to the reporter. |
| (3) | Any person who intends to obtain permission for extension of the period necessary for the appointment of a new hazardous chemical substance supervisor pursuant to the proviso of Article 32 (3) of the Act shall submit an application for permission in attached Form 52 to the head of a regional environmental agency, together with the resume of the person acting on behalf of the hazardous chemical substance supervisor. |
| (4) | The head of a regional environmental agency who has received an application for permission under paragraph (3) shall review whether to grant permission and deliver a notice in attached Form 53 to the applicant. |
| 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 by Ordinance of the Ministry of Environment No. 647, Apr. 7, 2016; Ordinance of the Ministry of Environment No. 701, May 30, 2017> |
| 1. | The National Institute of Chemical Safety; |
| 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 experts who have completed an educational course provided by the National Institute of Chemical Safety for at least 30 days; |
| (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 by Ordinance of the Ministry of Environment No. 701, 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 by Ordinance of the Ministry of Environment No. 701, May 30, 2017> |
| Article 36 (Plan for Safety Education) |
| (1) | An educational institution under Article 35 (1) 2 and 3 shall establish a plan for education for the next year and submit it to the President of the National Institute of Chemical Safety by November 30 every year. |
| (2) | A plan for education under paragraph (1) shall include the following matters: |
| 1. | The basic direction of safety education; |
| 2. | A demand for safety education and a long-term estimate of demand therefor; |
| 3. | A plan for establishment of the courses of safety education; |
| 4. | A plan for compilation of materials for safety education; |
| 5. | Methods for evaluating educatees' performance in safety education; |
| 6. | Matters necessary for providing safety education other than the matters provided in subparagraphs 1 through 5. |
| Article 37 (Conduct, etc. of Safety Education) |
| (1) | Education hours for each person who shall complete safety education on hazardous chemical substances under Article 33 (1) of the Act shall be as specified in attached Table 6-2. <Amended by Ordinance of the Ministry of Environment No. 701, May 30, 2017> |
| (2) | Notwithstanding paragraph (1), where any person required to complete safety education on hazardous chemical substances under Article 33 (1) of the Act needs expertise in preparing an off-site consequence analysis or risk management plan, such person shall additionally complete 16 hours of safety education: Provided, That this shall not apply where such person has completed safety education jointly conducted by an educational institution under Article 35 (1) and an inspection agency under Article 22 (1) or has undergone a regular inspection under Article 24 (3) of the Act at the site. <Amended by Ordinance of the Ministry of Environment No. 701, May 30, 2017> |
| (3) | If a person transporting hazardous chemicals 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 by Ordinance of the Ministry of Environment No. 647, Apr. 7, 2016; Ordinance of the Ministry of Environment No. 701, 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 workplace (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 by Ordinance of the Ministry of Environment No. 647, Apr. 7, 2016; Ordinance of the Ministry of Environment No. 701, 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 by Ordinance of the Ministry of Environment No. 647, Apr. 7, 2016; Ordinance of the Ministry of Environment No. 701, 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 by Ordinance of the Ministry of Environment No. 647, 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 by Ordinance of the Ministry of Environment No. 647, Apr. 7, 2016> |
| Article 38 (Measures to Be Taken in Case of Suspension of Handling of Hazardous Chemical Substances, Suspension of Business or Closure of Business) |
| (1) | Where a hazardous chemical substance business operator intends to suspend the handling of hazardous chemical substances pursuant to the main sentence of Article 34 (1) of the Act, such as the non-operation of a hazardous chemical substance handling facility for at least 30 days and the suspension of handling hazardous chemical substances for at least 30 days, the measures to be taken in advance shall be as follows: |
| 1. | To devise measures for restricting entry so as to prohibit the entry of outsiders; |
| 2. | To seal a handling facility so as to prevent it from discharging hazardous chemical substances into the environment such as the atmosphere, a water basin and soil; |
| 3. | To formulate a plan for periodic self-inspections of a hazardous chemical substance handling facility; |
| 4. | To formulate measures for heat insulation to prevent chemical accidents caused by freeze and burst in a low temperature; |
| 5. | To dispose of remaining hazardous chemical substances of the workplace where the period of handling suspension exceeds 60 days. |
| (2) | Where a hazardous chemical substance business operator intends to change the methods for handling hazardous chemical substances pursuant to the main sentence of Article 34 (1) of the Act, including changing the existing handling methods to manual handling methods for the handlers to handle them directly, the measures to be taken in advance shall be as follows: |
| 2. | To prevent the discharge of hazardous chemical substances into the environment such as the atmosphere, drainage systems and soils. |
| Article 39 (Report, etc. 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 regional 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 by Ordinance of the Ministry of Environment No. 730, 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); |
| (2) | Notwithstanding paragraph (1), a hazardous chemical substance business operator may submit a report in attached Form 54 to the head of the relevant regional 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 by Ordinance of the Ministry of Environment No. 730, 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 regional 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 by Ordinance of the Ministry of Environment No. 730, Dec. 27, 2017> |
| Article 40 (Criteria for Administrative Dispositions) |
| (1) | Criteria for administrative dispositions under Articles 34-2 (2) and 35 (3) of the Act shall be as specified in attached Table 7. <Amended by Ordinance of the Ministry of Environment No. 668, Jul. 27, 2016> |
| (2) | Where the head of a regional environmental agency intends to issue an order for improvement pursuant to paragraph (1) and attached Table 7, he or she shall issue a written improvement order in attached Form 55 together with the details of the measures for improvement, to the person subject to such order. |
| Article 41 (Succession to Rights and Obligations) |
| (1) | Any person who intends to report the succession to the rights and obligations of any hazardous chemical substance business operator pursuant to Article 37 (4) of the Act shall submit a report on succession in attached Form 56 to the head of a regional environmental agency within 30 days from the date of succession, together with the following documents: |
| 1. | The original copy of the permit under Article 28 (1); |
| 2. | A document evidencing the succession to rights and obligations. |
| (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. | A corporation registration certificate (limited to corporate applicants); |
| 2. | A business registration certificate; |
| 3. | A guardianship register. |
| Article 42 (Approval for Joint Utilization of Hazardous Chemical Substance Supervisors and Handling Facilities) |
| (1) | Any person who intends to receive approval to jointly utilize a hazardous chemical substance handling facility or hazardous chemical substance supervisor pursuant to the former part of Article 38 (1) of the Act shall submit an application for approval in attached Form 57 to the head of a regional environmental agency, together with the following documents: |
| 1. | A written plan for joint utilization; |
| 2. | Specifications and a location map of individual business entities; |
| 3. | A detailed statement of facilities and equipment related to hazardous chemical substances by individual business entities; |
| 4. | An agreement among individual business entities on rights, obligations, etc. concerning the control of hazardous chemical substances; |
| 5. | A detailed statement of the designation of an agent to control hazardous chemical substances by individual business entities. |
| (2) | Methods for preparing the documents to be attached under the subparagraphs of paragraph (1) shall be as specified in attached Table 8. |
| Article 43 (Report on Changes in Joint Utilization) |
| (1) | "Important matters prescribed by Ordinance of the Ministry of Environment" in Article 38 (2) of the Act means the following matters: |
| 1. | A representative business entity and business entities participating in joint utilization; |
| 2. | The capacity of a hazardous chemical substance handling facility jointly utilized (limited to where at least 30/100 of the capacity increases); |
| 3. | The scope of duties of an agent jointly utilized; |
| 4. | Joint countermeasures when an accident is caused by hazardous chemical substances, among the content of agreements on rights, obligations, etc. concerning the control of hazardous chemical substances. |
| (2) | Any person who intends to report changes in joint utilization pursuant to Article 38 (2) of the Act shall submit a report on changes in attached Form 58 to the head of a regional environmental agency, together with the following documents: |
| 1. | A document evidencing the changes; |
| 2. | The original copy of the permit granted under Article 28 (1) to a person who jointly utilizes. |
CHAPTER V PREPARATION FOR AND RESPONSE TO CHEMICAL ACCIDENTS, ETC.
Section 1 Designation, etc. of Substances Requiring Preparation for Accidents
| Article 44 (Standards for Control of Substances Requiring Preparation for Accidents) |
Standards for the control of substances requiring preparation for accidents under the main sentence of Article 40 of the Act shall be as specified in attached Table 9.
| Article 45 (Standards for Targeted Quantity for Preparation and Submission of Risk Management Plans) |
Standards for the quantity of each substance requiring preparation for accidents that are to be prepared and submitted in a risk management plan in accordance with Article 41 (1) of the Act, with the exception of its subparagraphs, shall be as specified in attached Table 10. [This Article Wholly Amended by Ordinance of the Ministry of Environment No. 701, May 30, 2017]
| Article 46 (Preparation, Submission, etc. of Risk Management Plans) |
| (1) | Any person who shall submit a risk management plan in accordance with Article 41 (1), (2) or (3) of the Act shall submit (including submission by electronic document) to the President of the National Institute of Chemical Safety an application for review of the risk management plan in attached Form 59 together with the risk management plan or an amended risk management plan. <Amended by Ordinance of the Ministry of Environment No. 701, May 30, 2017; Ordinance of the Ministry of Environment No. 730, Dec. 27, 2017> |
| (2) | Notwithstanding paragraph (1), where it is determined through verification under Article 41 (1) 8 of the Act that no habitants would be affected by any chemical accident and where no chemical accident has occurred in the preceding five years, a risk management plan including only the matters specified under subparagraphs 1, 2, 4, 5, 6 and 8 of Article 41 (1) of the Act may be submitted. |
| (3) | Methods for preparing risk management plans shall be as specified in attached Table 11. |
| (4) | "Where any important matter prescribed by Ordinance of the Ministry of Environment is changed, such as an increase in the quantity of a substance requiring preparation for accidents to be handled or in the capacity of a handling facility or a change in items or the location of a handling facility" in Article 41 (3) 1 of the Act means any of the following cases: <Newly Inserted by Ordinance of the Ministry of Environment No. 701, May 30, 2017> |
| 1. | Where permission for changes is required under Article 29 (1) 1 (a) or (b) and where the quantity of a substance requiring preparation for accidents that is kept or stored or the quantity of such substance that is manufactured or used annually increases to a level equal to or higher than the standards for the quantity specified in attached Table 10; |
| 2. | Where permission for changes is required under Article 29 (1) 1 (c) and where the quantity of a substance requiring preparation for accidents that is additionally kept or stored or the quantity of such substance that is manufactured or used annually increases to a level equal to or higher than the standards for the quantity specified in attached Table 10; |
| 3. | Where permission for changes is required under Article 29 (1) 1 (d) and where any change is made in the matters specified in Article 41 (1) 7 of the Act following changes in evaluation information on off-site consequence analysis under subparagraph 2 of attached Table 4; |
| 4. | Where permission for changes is required under Article 29 (1) 1 (d) and where the quantity of a substance requiring preparation for accidents that is kept or stored or the quantity of such substance that is manufactured or used annually increases to a level equal to or higher than the standards for the quantity specified in attached Table 10. |
| (5) | Except as otherwise provided in paragraphs (1) through (4), matters necessary for the preparation, etc. of risk management plans shall be determined and publicly notified by the Minister of Environment. <Amended by Ordinance of the Ministry of Environment No. 701, May 30, 2017> |
| Article 47 (Review of Risk Management Plans) |
| (1) | "Person prescribed by Ordinance of the Ministry of Environment" in Article 41 (4) 2 of the Act means any of the following persons: <Newly Inserted by Ordinance of the Ministry of Environment No. 778, Nov. 29, 2018> |
| 1. | A person who had a chemical accident during the last three years; |
| 2. | A person determined and publicly notified by the Minister of Environment as a person for whom an on-site investigation under the proviso of Article 41 (4) of the Act, with the exception of its subparagraphs, (hereafter in this Article referred to as "on-site investigation") is necessary, considering risks of accidents in chemical substance handling facilities including the handled quantity of substances requiring preparations for accidents. |
| (2) | The President of the National Institute of Chemical Safety shall review a risk management plan and send a written result of the review in attached Form 60 to the applicant together with the details of whether the risk management plan is appropriate within 30 days from the date of receipt of an application for review under Article 46 (1). In such cases, the period required for an on-site investigation shall not be included in the period of review. <Amended by Ordinance of Ministry of Environment No. 778, Nov. 29, 2018> |
| (3) | Where the President of the National Institute of Chemical Safety reviews a risk management plan under Article 41 (4) of the Act, he or she may omit the review of the matters referred to in subparagraphs 1 through 3 of attached Table 11 if such matters coincide with matters included in the following report or plan (limited to where the relevant report or plan has not been amended): <Newly Inserted by Ordinance of the Ministry of Environment No. 778, Nov. 29, 2018> |
| (4) | Any person who intends to be exempted from the review of coinciding matters under paragraph (3) shall submit a notice of the results of the examination of the relevant report or plan (limited to the notice issued within one year from the date of submission of a risk management plan) and a written confirmation that no change is made in the report or plan as at the time of submission of the risk management plan pursuant to Article 46 (1). <Newly Inserted by Ordinance of the Ministry of Environment No. 778, Nov. 29, 2018> |
| (5) | 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 Article 41 (5) 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): <Newly Inserted by Ordinance of the Ministry of Environment No. 701, May 30, 2017; Ordinance of the Ministry of Environment No. 778, Nov. 29, 2018> |
| 3. | Other matters on which the President of the National Institute of Chemical Safety deems necessary to consult with the head of the relevant local government with respect to the safety control of substances requiring preparation for accidents. |
| (6) | If deemed necessary to amend or supplement any document submitted pursuant to Article 46 (1), the President of the National Institute of Chemical Safety shall give notice in attached Form 61 to the applicant, stating a specified period for amendment or supplementation together with the details of the matters to be amended or supplemented. In such cases, the period from the day amendment or supplementation of such document is requested to the day the relevant document is submitted shall not be included in the period of review specified in paragraph (1). <Amended by Ordinance of the Ministry of Environment No. 701, May 30, 2017; Ordinance of the Ministry of Environment No. 778, Nov. 29, 2018> |
| (7) | Except as otherwise provided in paragraphs (1) through (6), matters necessary for the review, etc. of risk management plans shall be determined and publicly notified by the Minister of Environment. <Newly Inserted by Ordinance of the Ministry of Environment No. 701, May 30, 2017; Ordinance of the Ministry of Environment No. 778, Nov. 29, 2018> |
| Article 47-2 (Implementation, etc. of Risk Management Plan) |
| (1) | The standards for the quantity of each substance requiring preparation for accidents under Article 41-2 (1) of the Act shall be as specified in attached Table 10. |
| (2) | Inspections to ascertain whether a risk management plan is implemented under Article 41-2 (2) of the Act shall be conducted as follows: |
| 1. | Initial inspection: A person who initially submits a risk management plan shall undergo an initial inspection within two years from the date the person is notified as to whether the plan is appropriate under the former part of Article 41 (4) of the Act; |
| 2. | Periodic inspection: A periodic inspection shall be conducted within three months from the day immediately after the fourth anniversary of the date the results of the initial inspection or the immediately preceding periodic inspection is notified: Provided, That the Minister of Environment may otherwise determine and publicly notify an inspection period of not less than six months and not more than three years in consideration of the results of the immediately preceding inspection; |
| 3. | Special inspection: A special inspection shall be conducted in either of the following cases: |
| (a) | Where it is necessary to ascertain whether emergency measures, etc. have been taken after a chemical accident occurred; |
| (b) | Where it is necessary to completely inspect particular substances, work process, etc. to ascertain whether a risk management plan is implemented for preventing chemical accidents. |
| (3) | Where the President of the National Institute of Chemical Safety conducts a periodic inspection under paragraph (2) 2, he or she may use materials that the person who submitted the relevant risk management plan submits after a self-verification of implementation with regard to the matters referred to in subparagraphs 5 and 9 of attached Table 11, as determined and publicly notified by the Minister of Environment. |
| (4) | Where the President of the National Institute of Chemical Safety conducts a special inspection under paragraph (2) 3 (b), he or she shall formulate an inspection plan, including the purpose, period, items, details, etc. of the special inspection, and shall publicly announce the inspection plan on the website of the National Institute of Chemical Safety. |
| (5) | Where the President of the National Institute of Chemical Safety completes an inspection to ascertain whether a risk management plan is implemented under Article 41-2 (2) of the Act, he or she shall notify the results of the inspection to the person who submitted the risk management plan and shall inform the head of the relevant regional environmental agency and the head of the competent local government of the results. |
| (6) | Any person who is ordered to take corrective measures or other necessary measures under Article 41-2 (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. |
| (7) | The President of the National Institute of Chemical Safety shall review whether the results of the measures submitted under paragraph (6) are appropriate and shall notify the results of the review to the person who submitted the relevant risk management plan and inform the head of the relevant regional environmental agency of such results. |
| (8) | Except as otherwise provided in paragraphs (1) through (7), matters necessary for the details and methods of and the procedure for implementation inspections, the timing and method of notifying the results of implementation inspections and an order to take corrective measures, etc. shall be determined and publicly notified by the Minister of Environment. |
[This Article Newly Inserted by Ordinance of the Ministry of Environment No. 778, Nov. 29, 2018]
| Article 48 (Announcement of Risk Management Plan to Local Communities) |
| (1) | Upon receipt of notification that a risk management plan is appropriate under Article 41 (4) of the Act, a person handling a substance requiring preparation for accidents shall announce the written summary of information on the risk of chemical accidents and emergency measures to respond to such accidents in attached Form 62 within three months from the date of receipt of such notification. <Amended by Ordinance of the Ministry of Environment No. 701, May 30, 2017> |
| (2) | Any person who has made an announcement pursuant to Article 42 (1) of the Act shall retain the following documents: <Amended by Ordinance of the Ministry of Environment No. 701, May 30, 2017> |
| 1. | The written summary of information on the risk of chemical accidents and emergency measures to respond to such accidents under paragraph (1); |
| 2. | A list of persons to whom an announcement is made and methods for announcement. |
| (3) | An announcement under paragraph (1) may be made individually or jointly by businesses in the manner categorized as follows: |
| 1. | Where a written notice is given: Notice by mail or email; |
| 2. | Where an explanation is provided individually: Sign and seal after the explanation; |
| 3. | Where communication is made collectively: Communication by holding a public hearing or explanatory meeting; |
| 4. | Where an announcement is made other than in any manner provided in subparagraphs 1 through 3: Publication in a daily newspaper or on the websites of the National Institute of Chemical Safety and the office of the competent Si/Gun/Gu or communication via the management offices of apartments, Dong offices and Myeon offices. |
| (4) | The head of a local government shall provide necessary support to facilitate an announcement made under paragraph (3). |
| (5) | Except as otherwise provided in paragraphs (1) through (4), matters necessary for announcing a risk management plan to local communities shall be determined and publicly notified by the Minister of Environment. <Newly Inserted by Ordinance of the Ministry of Environment No. 701, May 30, 2017> |
Section 2 Response to Chemical Accidents, etc.
| Article 49 (Report, etc. on Occurrence of Chemical Accidents) |
| (1) | Where a chemical accident occurs, the person handling the relevant chemical substance shall, pursuant to Article 43 (2) of the Act, report thereon immediately according to the standards determined by the Minister of Environment in consideration of respective quantities of chemical substances released and leaked, types of chemical accidents and other related matters. |
| (2) | The head of an agency who has received a report pursuant to Article 43 (3) of the Act shall notify the Minister of Environment of the cause, scale, etc. of the chemical accident in attached Form 63. |
| Article 50 (Requirements of Public Official for Control and Coordination of Accident) |
"Public official who controls the scene and coordinates related affairs, meeting the requirements prescribed by Ordinance of the Ministry of Environment" in Article 44 (1) of the Act means the head or a public official of a regional environmental agency having the capability to respond to chemical accidents.
| Article 50-2 (Order, etc. to Stop Operation of Facilities at Which Chemical Accident Occurs) |
| (1) | The public official who controls the scene and coordinates related affairs under Article 44 (1) of the Act (hereinafter referred to as "public official in charge of controlling the scene and coordinating related affairs") may issue an order to stop the operation of the relevant chemical substance handling facility under Article 44-2 (1) of the Act (hereinafter referred to as "order to stop operation") in either of the following cases: |
| 1. | Where it is impossible to operate a chemical substance handling facility in a normal condition due to a fire, explosion, leakage, etc. resulting from a chemical accident or where a danger is additionally foreseen in continuing the operation of such facility; |
| 2. | Where it is found that a chemical substance has been released or leaked to the environment as a result of the chemical accident and has contaminated air, a water system or soil. |
| (2) | Where the public official in charge of controlling the scene and coordinating related affairs intends to issue an order to stop the operation of a chemical substance handling facility under paragraph (1), he or she shall issue a written order to stop operation in attached Form 63-2 to the business entity who has established and operates the relevant facility and shall affix a mark of stop of operation in attached Form 63-3: Provided, That, in case of emergency, the public official may affix the mark of stop of operation on the relevant facility before issuing a written order to stop operation and may subsequently order stop of operation. |
| (3) | Upon receipt of an order to stop operation under paragraph (2), a business entity shall inform related workers of the order and shall take measures to stop the operation of the relevant chemical substance handling facility. |
[This Article Newly Inserted by Ordinance of the Ministry of Environment No. 730, Dec. 27, 2017]
| Article 50-3 (Revocation, etc. of Order to Stop Operation of Facilities at Which Chemical Accident Occurs) |
| (1) | A business entity who was ordered under Article 44-2 (1) of the Act to stop the operation of a facility at which a chemical accident occurred shall report the termination of the cause of such stop of operation to the head of the relevant regional environmental agency when such cause is terminated, and shall request the head of the relevant regional environmental agency to revoke the order to stop operation. |
| (2) | Upon receipt of a request to revoke an order to stop operation under paragraph (1), the head of a regional environmental agency shall verify and inspect safety measures taken to the chemical substance handling facility ordered to stop operation under Article 44-2 (1) of the Act and shall revoke the order to stop operation without delay if it is deemed that there is no additional danger or environmental contamination based on the result of such verification and inspection. |
| (3) | When the head of a regional environmental agency revokes an order to stop the operation of a chemical substance handling facility under paragraph (2), he or she shall issue a written confirmation of revocation of the order to stop operation in attached Form 63-4 to the relevant business entity. |
[This Article Newly Inserted by Ordinance of the Ministry of Environment No. 730, Dec. 27, 2017]
| Article 51 (Orders, etc. to Take Measures) |
| (1) | Where the head of a regional environmental agency issues an order to take measures pursuant to Article 46 (1) of the Act, he or she shall issue a written order in attached Form 64 to the relevant business entity together with a detailed statement of the order. In such cases, the implementation period shall be determined in consideration of the impact of the relevant chemical substance on the health of people in adjacent areas or the environment; and the period necessary for implementing the order. |
| (2) | Any person who has been issued a written order to take measures under paragraph (1) shall submit an implementation plan in attached Form 65 to the head of a regional environmental agency together with the details of the implementation plan and shall implement the order. |
| (3) | Where any person who has been issued a written order to take measures under paragraph (1) implements the order, he or she shall without delay submit a written result of implementation in attached Form 66 to the head of a regional environmental agency together with the details of the written result of implementation. |
| (4) | Where the head of a regional environmental agency receives the written result of implementation under paragraph (3), he or she shall issue a written confirmation of implementation in attached Form 67 after verifying and inspecting the implementation of an order to take measures on-site. |
CHAPTER VI SUPPLEMENTARY PROVISIONS
| 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 workplace; |
| 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, etc. by Handler of Hazardous Chemical Substances) |
| (1) | Pursuant to Article 49 (1) of the Act, any of the following persons shall submit a performance report in attached Form 68 to the Association by June 30 each year, together with a detailed performance report classified as follows. In such cases, the Association shall compile and analyze performance reports for the preceding year and shall submit them to the President of the National Institute of Chemical Safety by August 31 each year: <Amended by Ordinance of the Ministry of Environment No. 647, Apr. 7, 2016; Ordinance of the Ministry of Environment No. 730, Dec. 27, 2017> |
| (2) | 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). |
| (3) | 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. |
| 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 by Ordinance of the Ministry of Environment No. 701, May 30, 2017; Ordinance of the Ministry of Environment No. 778, Nov. 29, 2018> |
| 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 regional environmental agency for the proper control of chemical substances; |
| 2. | Where a chemical accident has occurred or is likely to occur; |
| 3. | Where a justifiable request for access and inspection has been made by another institution or a civil petition has been raised; |
| 4. | Where such access and inspection are inevitable for properly conducting affairs regarding permission, a report, approval, etc. under the Act; |
| 5. | Where such access and inspection are required to verify whether an off-site consequence analysis or a review on amending evaluation information on off-site consequence analysis under Article 29 (2) 5 is consistent with relevant facts and meets requirements; |
| 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. | Where such access and inspection are required to verify whether the human resources under Article 23-2 (3) of the Act have been provided with educational programs; |
| 5-4. | Where such access and inspection are required to verify whether the matters provided in the subparagraphs of Article 23-3 (1) of the Act are observed; |
| 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; |
| 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. | Where such access and inspection are required to verify whether a risk management plan is consistent with relevant facts and is implemented; |
| 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. |
| Article 55 (Chemical Substance Testing Agency) |
Where the Minister of Environment or the head of a regional environmental agency collects chemical substances pursuant to Article 49 (1) of the Act, he or she may request the following institutions to test whether such chemical substances constitute toxic substances: | 1. | The National Institute of Environmental Research; |
| 2. | The National Institute of Chemical Safety; |
| 3. | The relevant river basin environmental office or the relevant regional environmental office; |
| Article 56 (Recording and Retention of Documents) |
| (1) | Any person required to record and retain relevant documents pursuant to Article 50 (1) of the Act shall record and retain the following documents for five years: |
| 1. | Specifications of ingredients and certificates of the identification of chemical substances, and documents related to the identification of chemical substances provided by manufacturers, exporters or import agencies; |
| 2. | Import-related documents such as a certificate of a report on import (limited to imports). |
| (2) | Any person falling under the subparagraphs of Article 50 (1) of the Act shall record matters concerning the control of hazardous chemical substances in registers for the control of chemical substances in attached Forms 75 through 78 and shall retain such registers for five years from the date the last record was stated therein. |
| (3) | Notwithstanding paragraph (2), a person who prepares a control register in accordance with subparagraph 1 of Article 5 of the Enforcement Rule of the Persistent Organic Pollutants Control Act need not prepare a register for the control of chemical substances with respect to the relevant chemical substance under paragraph (2). <Newly Inserted by Ordinance of the Ministry of Environment No. 701, May 30, 2017> |
| Article 57 (Application, etc. for Data Protection) |
| (1) | Any person who intends to request data protection pursuant to the main sentence of Article 52 (1) of the Act, with the exception of its subparagraphs, shall file an application for data protection in attached Form 79 with the Minister of Environment, the President of the National Institute of Chemical Safety, the head of the relevant regional environmental agency or the head of the Association, together with the following documents: <Amended by Ordinance of the Ministry of Environment No. 701, May 30, 2017> |
| 1. | A document stating a summary of protected content and reasons for protection; |
| 2. | A list of data to be protected. |
| (2) | Any person who intends to apply for the extension of the period of data protection pursuant to the proviso of Article 21 (1) of the Decree shall submit an application for extension in attached Form 80 together with the written results under paragraph (3) to the Minister of Environment, the President of the National Institute of Chemical Safety, the head of the relevant regional environmental agency or the head of the Association, not later than 30 days prior to the expiration of the period for data protection. <Amended by Ordinance of the Ministry of Environment No. 701, May 30, 2017> |
| (3) | The Minister of Environment, the President of the National Institute of Chemical Safety, the head of a regional environmental agency or the head of the Association shall review whether data are eligible for protection and shall notify the applicant of the results of the review in attached Form 81 within 15 days from the date of receipt of the application under paragraph (1) or (2). <Amended by Ordinance of the Ministry of Environment No. 701, May 30, 2017> |
| (4) | Except as otherwise provided in paragraphs (1) through (3), matters necessary for the methods and procedures for applying for data production shall be determined and publicly notified by the Minister of Environment. <Newly Inserted by Ordinance of the Ministry of Environment No. 701, May 30, 2017> |
| Article 58 (Management of Protected Data) |
The Minister of Environment, the President of the National Institute of Chemical Safety, the head of a regional environmental agency or the head of the Association shall manage protected data by the methods determined and publicly notified by the Minister of Environment for appropriate management of protected data under Article 52 (1) of the Act, such as keeping management registers and designating a manager. <Amended by Ordinance of the Ministry of Environment No. 701, May 30, 2017>
| (2) | Fees under paragraph (1) may be paid in revenue stamps, or by means of electronic money, electronic settlement, etc. using the information and communication networks. |
| (1) | The matters that the President of the National Institute of Chemical Safety, the head of a regional environmental agency, the President of the Korea Environment Corporation and the head of the Association shall respectively report to the Minister of Environment pursuant to Article 23 of the Decree, the date of a report, etc. shall be as listed in attached Table 13. <Amended by Ordinance of the Ministry of Environment No. 730, Dec. 27, 2017> |
| (2) | With respect to the affairs delegated and entrusted pursuant to Article 22 of the Decree, the President of the National Institute of Chemical Safety, the head of a regional environmental agency, the President of the Korea Environment Corporation or the head of the Association shall respectively prepare comprehensive reports, including all matters reported for the previous year under paragraph (1) as on January 31 each year, and shall submit such reports to the Minister of Environment by February 10. <Amended by Ordinance of the Ministry of Environment No. 730, Dec. 27, 2017> |
| Article 61 (Re-Examination of Regulation) |
The Minister of Environment shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the third anniversary before the base date) and shall then take measures, such as making improvements:
| 1. | The preparation and submission of an off-site consequence analysis under Article 19: January 1, 2015; |
| 2. | A report, etc. on awarding of a contract for handling a hazardous chemical substance under Article 32: January 1, 2015. |
ADDENDA <Ordinance of the Ministry of Environment No. 583, Dec. 24, 2014>
Article 1 (Enforcement Date)
This Rule shall enter into force on January 1, 2015.
Article 2 (Applicability to Identification of Chemical Substances)
The amended provisions of the latter part of Article 2 (2) shall begin to apply to the chemical substances manufactured or imported after this Rule enters into force. Article 3 (Transitional Measures concerning Permission to Import Restricted Substances)
In accordance with Article 2 of the Addenda to the Act, any person who has been granted permission to import a restricted substance under the previous Toxic Chemical Substances Control Act before this Rule enters into force shall be deemed to have been granted permission to import a restricted substance under Article 20 (1) of the Act, where he or she was issued a permit under the amended provisions of Article 16 (2) by December 31, 2015. Article 4 (Transitional Measures concerning Report on Import of Toxic Substances)
In accordance with Article 3 of the Addenda to the Act, any person who has made a report on import under the previous Toxic Chemical Substances Control Act before this Rule enters into force shall be deemed to have made a report on the import of a toxic substance under Article 20 (2) of the Act, where he or she was issued a certificate of a report on import under the amended provisions of Article 17 (2) by December 31, 2015. Article 5 (Transitional Measures concerning Approval to Export Restricted Substances or Prohibited Substances)
In accordance with Article 4 of the Addenda to the Act, any person who has been granted approval to export a restricted substance or prohibited substance under the previous Toxic Chemical Substances Control Act before this Rule enters into force shall be deemed to have been granted approval to export a restricted substance or prohibited substance under the former part of Article 21 (1) of the Act, where he or she was issued a renewed written approval for import under the amended provisions of the main sentence of Article 18 (3) by December 31, 2015. Article 6 (Transitional Measures concerning Preparation and Submission of Off-Site Consequence Analysis)
| (1) | In accordance with the proviso of Article 5 (1) of the Addenda to the Act, any person who has registered toxic substance business under the previous Toxic Chemical Substances Control Act or has been granted permission to conduct restricted or prohibited substance business under the same Act before this Rule enters into force shall, notwithstanding the amended provisions of Article 19, submit an off-site consequence analysis by the date categorized as follows: |
| 2. | Any person conducting any business under the subparagraphs of Article 33-6 (1) of the Decree of the Occupational Safety and Health Act among persons required to prepare and submit a process safety report under Article 49-2 of the same Act: December 31, 2015; |
| 3. | Any person handling at least 1,000 tons per year of hazardous or dangerous substances under attached Table 10 of the Decree of the Occupational Safety and Health Act among persons required to prepare and submit a process safety report under Article 49-2 of the same Act: December 31, 2016; |
| 4. | Any person handling less than 1,000 tons per year of hazardous or dangerous substances under attached Table 10 of the Decree of the Occupational Safety and Health Act among persons required to prepare and submit a process safety report under Article 49-2 of the same Act: December 31, 2017; |
| 5. | Any person handling at least 100 tons per year of hazardous chemical substance, who does not fall under any of subparagraphs 1 through 4: December 31, 2018; |
| 6. | Any person handling less than 100 tons per year of hazardous chemical substances, who does not fall under any of subparagraphs 1 through 4: December 31, 2019. |
| (2) | Any person who has established a hazardous chemical substance handling facility pursuant to the previous Toxic Chemical Substances Control Act before this Rule enters into force shall, notwithstanding the amended provisions of Article 19, submit an off-site consequence analysis by the date categorized as follows: |
| 1. | Any person handling at least 100 tons per year of hazardous chemical substances, who does not fall under any of subparagraphs 1 through 4 of paragraph (1): December 31, 2018; |
| 2. | Any person handling less than 100 tons per year of hazardous chemical substances, who does not fall under any of subparagraphs 1 through 4 of paragraph (1): December 31, 2019. |
| (3) | Any person establishing a hazardous chemical substance handling facility as at the time this Rule enters into force shall, notwithstanding the amended provisions of Article 19, submit an off-site consequence analysis by December 31, 2015. |
Article 7 (Transitional Measures concerning Permission to Conduct Hazardous Chemical Substance Business)
| (1) | In accordance with Article 5 (2) of the Addenda to the Act, where any person who has handled substances requiring preparation for accidents pursuant to the previous Toxic Chemical Substances Control Act before this Rule enters into force is required to obtain permission to conduct hazardous chemical substance business, he or she shall do so, notwithstanding the amended provisions of Article 27 (1), by the date categorized as follows: |
| 2. | Any person conducting any business under the subparagraphs of Article 33-6 (1) of the Decree of the Occupational Safety and Health Act among persons required to prepare and submit a process safety report under Article 49-2 of the same Act: December 31, 2015; |
| 3. | Any person required to prepare and submit a process safety report under Article 49-2 of the Occupational Safety and Health Act, who does not fall under subparagraph 2: December 31, 2016; |
| 4. | Any person required to obtain permission to conduct hazardous chemical substance business, who does not fall under any of subparagraphs 1 through 3: December 31, 2017. |
| (2) | Any person who has registered toxic substance business under the previous Toxic Chemical Substances Control Act or has been granted permission to conduct restricted or prohibited substance business under the same Act before this Rule enters into force shall, notwithstanding the amended provisions of attached Table 6, meet the standards provided in subparagraphs 1 (a) through (c) and (e) through (i) and 2 of attached Table 6 by December 31, 2017. |
Article 8 (Transitional Measures concerning Report on Awarding of Contracts for Handling Hazardous Chemical Substances)
In accordance with Article 6 of the Addenda to the Act, any person who has awarded a contract for handling hazardous chemical substances before this Rule enters into force shall, notwithstanding the amended provisions of Article 32 (1), report the awarding of such contract by December 31, 2015. Article 9 (Transitional Measures concerning Report on Appointment of Hazardous Chemical Substance Supervisors)
In accordance with Article 7 of the Addenda to the Act, any person who has appointed a toxic substance supervisor or a restricted or prohibited substance supervisor under the previous Toxic Chemical Substances Control Act before this Rule enters into force shall, notwithstanding the amended provisions of Article 34 (1), report the appointment of a hazardous chemical substance supervisor by December 31, 2015.
Article 10 (Transitional Measures concerning Preparation and Submission of Risk Management Plan)
In accordance with Article 8 of the Addenda to the Act, any person who has submitted a self-prevention plan pursuant to the previous Toxic Chemical Substances Control Act or has been excluded from those required to submit such plan before this Rule enters into force shall, notwithstanding the amended provisions of Article 46, submit a risk management plan by the date categorized as follows: | 2. | Any person conducting any business under the subparagraphs of Article 33-6 (1) of the Decree of the Occupational Safety and Health Act among persons required to prepare and submit a process safety report under Article 49-2 of the same Act: December 31, 2015; |
| 3. | Any person required to prepare and submit a process safety report under Article 49-2 of the Occupational Safety and Health Act, who does not fall under subparagraph 2: December 31, 2016; |
| 4. | Any person required to prepare and submit a risk management plan, who does not fall under any of subparagraphs 1 through 3: December 31, 2017. |
Article 11 (Transitional Measures concerning Criteria for Handling Hazardous Chemical Substances)
Any person who has handled hazardous chemical substances pursuant to the previous Toxic Chemical Substances Control Act before this Rule enters into force and fails to meet the criteria for facilities, apparatus, equipment, etc., among the criteria for handling hazardous chemical substances under the amended provisions of attached Table 1 shall meet the criteria under attached Table 1 by December 31, 2016.
Article 12 (Transitional Measures concerning Methods for Labeling Hazardous Chemical Substances)
Where any person who has labeled toxic substances pursuant to the previous Toxic Chemical Substances Control Act before this Rule enters into force fails to follow the methods for labeling hazardous chemical substances under the amended provisions of attached Table 2, he or she shall follow the methods under attached Table 2 by December 31, 2016.
Article 13 (Transitional Measures concerning Criteria for Arrangement, Installation and Management of Handling Facilities)
Where any person who has registered toxic substance business or has been granted permission to conduct restricted or prohibited substances business pursuant to the previous Toxic Chemical Substances Control Act before this Rule enters into force fails to meet the criteria for the arrangement, installation and management under the amended provisions of attached Table 5, he or she shall meet the criteria under attached Table 5 by December 31, 2019.
Article 14 Omitted.
Article 15 (Relationship with Other Statutes and Regulations)
Any citation of the previous Enforcement Rule of the Toxic Chemical Substances Control Act or any provision thereof by other statutes and regulations as at the time this Rule enters into force shall be deemed a citation of this Rule or any corresponding provision hereof in lieu of the previous Enforcement Rule of the Toxic Chemical Substances Control Act or any provision thereof, if such corresponding provision exists herein.
ADDENDA <Ordinance of the Ministry of Environment No. 647, Apr. 7, 2016>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation: Provided, That the provisions relating to persons transporting hazardous chemical substances in the amended provisions of the proviso of Article 37 (1) shall enter into force on January 1, 2017. Article 2 (Transitional Measures concerning Preparation and Submission of Off-Site Consequence Analysis for Permission for Changes)
Notwithstanding the amended provisions of Article 29 (1) 1 (c) or (2) 2, where any person falling under Article 6 (1) or (2) of the Addenda to the Enforcement Rule of the Chemical Substances Control Act (Ordinance of the Ministry of Environment No. 583) intends to obtain permission for changes in accordance with Article 28 (5) of the Act in order to add hazardous chemical substances to handled items (limited to where the handled quantity of the hazardous chemical substances to be added to handled items is less than the scale determined and publicly notified by the Minister of Environment pursuant to Article 19 (3)), such person shall prepare an off-site consequence analysis and submit it to the Minister of Environment within the period specified in Article 6 (1) or (2) of the Addenda to the Enforcement Rule of the Chemical Substances Control Act (Ordinance of the Ministry of Environment No. 583).
ADDENDA <Ordinance of the Ministry of Environment No. 668, Jul. 27, 2016>
Article 1 (Enforcement Date)
This Rule shall enter into force on July 28, 2016.
Article 2 (Transitional Measures concerning Designation of Specialized Institutions for Preparation of Off-Site Consequence Analysis)
The specialized institutions designated and publicly notified by the Minister of Environment pursuant to the previous Article 20 (1) as at the time this Rule enters into force shall be deemed specialized institutions for the preparation of an off-site consequence analysis designated and publicly notified pursuant to the amended provisions of Article 20-2 (4).
ADDENDA <Ordinance of the Ministry of Environment No. 701, May 30, 2017>
Article 1 (Enforcement Date)
This Rule shall enter into force on May 30, 2017: Provided, That the amended provisions of Articles 21-2 and 35, subparagraph 2 (a) of attached Table 4, subparagraphs 70 through 97 of attached Table 10 and attached Form 33-5 shall enter into force on January 1, 2018. Article 2 (Applicability to Submission of Detailed Statements of Identification of Chemical Substances)
The amended provisions of the latter part of Article 2 (2) shall begin to apply where the relevant chemical substances are manufactured or imported after this Rule enters into force. Article 3 (Applicability to Deliberation on Non-Disclosure of Information on Handling of Chemical Substances)
The amended provisions of the former part of Article 6 (3) shall begin to apply where a written explanation is submitted after this Rule enters into force. Article 4 (Applicability to Permission for, or Report on, Changes in Hazardous Chemical Substance Business)
| (1) | The amended provisions of Article 29 (1) 2 (d) shall begin to apply where the type of vehicles transporting hazardous chemical substances is changed or the number of units or loading capacity of such vehicles increases after this Rule enters into force. |
| (2) | The amended provisions of Article 29 (2) 6 shall begin to apply where an application for permission for changes in hazardous chemical substance business or an application for a report on changes in such business is submitted after this Rule enters into force. |
Article 5 (Applicability to Report on Awarding of Contracts for Handling Hazardous Chemical Substances)
The amended provisions of Article 32 (1) shall begin to apply where a contract for handling hazardous chemical substances is awarded after this Rule enters into force. Article 6 (Applicability to Methods for Preparing Off-Site Consequence Analysis)
The amended provisions of subparagraph 2 (a) of attached Table 4 shall begin to apply where an off-site consequence analysis is submitted on or after January 1, 2018.
Article 7 (Applicability to Safety Education on Hazardous Chemical Substances)
The amended provisions of the proviso of subparagraph 1 of the Notes of attached Table 6-2 shall begin to apply where a person becomes a technical employee working at a hazardous chemical substance handling facility under Article 28 (2) of the Act or is appointed as a hazardous chemical substance supervisor under Article 32 of the Act after this Rule enters into force. Article 8 (Transitional Measures concerning Transportation of Hazardous Chemical Substances)
Notwithstanding the amended provisions of Article 11 (2), subparagraph 28 of attached Table 1 and attached Form 9, the previous provisions shall apply where a plan for transporting hazardous chemical substances has been submitted as at the time this Rule enters into force. Article 9 (Transitional Measures concerning Criteria for Handling Hazardous Chemical Substances)
Any person who handles a substance requiring preparation for accidents under the amended provisions of subparagraphs 71, 72, 74, 78 through 82, 84 and 86 through 97 of attached Table 10 as of January 1, 2018 shall meet the requirements specified in subparagraphs 4, 6, 8, 15, 19, 40 and 41 of the criteria for handling hazardous chemical substances in attached Table 1 by December 31, 2018.
Article 10 (Transitional Measures concerning Preparation and Submission of Off-Site Consequence Analysis)
Any person who installs and operates a facility to handle a substance requiring preparation for accidents under the amended provisions of subparagraphs 71, 72, 74, 78 through 82, 84 and 86 through 97 of attached Table 10 as of January 1, 2018 shall prepare and submit an off-site consequence analysis in accordance with Article 23 (1) of the Act by June 30, 2019.
Article 11 (Transitional Measures concerning Standards for Installation and Management of Handling Facilities)
Any person who installs and operates a facility to handle a substance requiring preparation for accidents under the amended provisions of subparagraphs 71, 72, 74, 78 through 82, 84 and 86 through 97 of attached Table 10 as of January 1, 2018 shall meet the criteria for arrangement, installation and management of handling facilities under Article 24 (1) of the Act by December 31, 2021.
Article 12 (Transitional Measures concerning Permission to Conduct Hazardous Chemical Substance Business)
Any person engaging in the business of manufacturing, selling, keeping, storing, transporting or using a substance requiring preparation for accidents under the amended provisions of subparagraphs 70 through 97 of attached Table 10 as of January 1, 2018 may continue hazardous chemical substance business by June 30, 2019 without obtaining permission to conduct such business under Article 28 (1) of the Act or permission for changes under Article 28 (5) of the Act. <Amended by Ordinance of the Ministry of Environment No. 730, Dec. 27, 2017>
Article 13 (Transitional Measures concerning Preparation and Submission of Risk Management Plans)
If any person, who handles a substance requiring preparation for accidents under the amended provisions of subparagraphs 70 through 97 of attached Table 10 in a quantity not less than the quantity specified in the relevant subparagraph and handles a facility for manufacturing and using hazardous chemical substances (such as a plating bath or washing bath) that operates being filled with a substance requiring preparation for accidents at all times, becomes obligated to prepare and submit a risk management plan under the amended provisions of the Notes 4 of attached Table 10, he or she shall prepare and submit a risk management plan under Article 41 (1) of the Act by June 30, 2019.
Article 14 (Transitional Measures concerning Application of Criteria for Administrative Dispositions)
| (1) | Notwithstanding the amended provisions of subparagraph 2 (w) of attached Table 7, the previous provisions shall apply where the criteria for administrative dispositions apply to a violation committed before this Rule enters into force. |
| (2) | Where any person subject to either of the following dispositions under the previous subparagraph 2 (w) of attached Table 7 for a violation committed before this Rule enters into force recommits the same violation after this Rule enters into force, the number of violations shall be determined as follows: |
| 1. | Where any person subject to an administrative disposition for the first violation commits the same violation: Such person shall be deemed to have committed the first violation under the amended provisions of subparagraph 2 (w) of attached Table 7; |
| 2. | Where any person subject to an administrative disposition for a second or third violation commits the same violation: Such person shall be deemed to have committed the second violation under the amended provisions of subparagraph 2 (w) of attached Table 7. |
ADDENDUM <Ordinance of the Ministry of Environment No. 708, Jul. 31, 2017>
This Rule shall enter into force on the date of its promulgation.
ADDENDA <Ordinance of the Ministry of Environment No. 730, Dec. 27, 2017>
Article 1 (Enforcement Date)
This Rule shall enter into force on December 28, 2017: Provided, That the amended provisions of subparagraph 2 of the Notes to attached Table 5 shall enter into force on June 30, 2018.
Article 2 (Preparations for Report on Reagent Sales Business)
A person who intends to report the business of selling reagents for experiments, research or testing that constitute hazardous chemical substances for such intended purpose under Article 29-3 (1) of the Act may submit a report on reagent sales business and other documents in accordance with the amended provisions of Article 31-3 (1) to the head of the relevant regional environmental agency before this Rule enters into force. Article 3 (Applicability to Report on Suspension of Operation of Hazardous Chemical Substance Handling Facilities)
The amended provisions of Article 39 shall begin to apply where it is intended to suspend the operation of a hazardous chemical substance handling facility after this Rule enters into force.
ADDENDA <Ordinance of the Ministry of Environment No. 745, Jan. 17, 2018>
Article 1 (Enforcement Date)
This Rule shall enter into force on January 18, 2018.
Articles 2 through 4 Omitted.
ADDENDA <Ordinance of the Ministry of Environment No. 774, Oct. 26, 2018>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
Article 2 (Effective Period)
The amended provisions of subparagraph 2 (a) (v) of attached Table 6 shall be effective until December 31, 2023.
Article 3 (Applicability to Report on Changes in Technical Employees)
The amended provisions of Article 29 (1) 2 (e) shall begin to apply where technical employees change after this Rule enters into force.
ADDENDA <Ordinance of the Ministry of Environment No. 778, Nov. 29, 2018>
Article 1 (Enforcement Date)
This Rule shall enter into force on November 29, 2018.
Article 2 (Transitional Measures concerning Education of Human Resources of Specialized Institutions for Preparation of Off-Site Consequence Analysis)
| (1) | The persons who have been employed as full-time employees of a specialized institution for the preparation of an off-site consequence analysis before this Rule enters into force shall complete the initial education program under the amended provisions of Article 20-3 (1) within six months from the enforcement date of this Rule. |
| (2) | Notwithstanding paragraph (1), a person who has completed an advanced educational course for persons in charge of the preparation of off-site consequence analyses under subparagraph 1 (c) of attached Table 4-2 before this Rule enters into force shall be deemed to have completed the initial educational program on the date of completion of the relevant educational course, if three years have not passed since the date of completion of the relevant educational course as at the time this Rule enters into force. |
Article 3 (Transitional Measure concerning Inspection to Ascertain Whether Risk Management Plans are Implemented)
Notwithstanding the amended provisions of Article 47-2 (2) 1, a person who submitted a risk management plan and received the notification that such plan is appropriate before this Rule enters into force shall undergo the initial inspection to ascertain whether the risk management plan is implemented until the following deadlines:
| 1. | Where a person received the notification that a risk management plan is appropriate on or before June 30, 2016: November 29, 2020; |
| 2. | Where a person received the notification that a risk management plan is appropriate during the period from July 1, 2016 to November 28, 2018: November 29, 2021. |
Article 4 (Transitional Measures concerning Requirements for Designation of Specialized Institutions for Preparation of Off-Site Consequence Analysis)
A person designated as a specialized institution for the preparation of an off-site consequence analysis before this Rule enters into force shall have the core personnel specified in subparagraph 1 (a) (i) of attached Table 4-2 within six months from the enforcement date of this Rule.