Korea’s Management Policy& Response to Global Trends in POPs화학물질정책과1

Ministry ofEnvironment

Ⅰ. Overview
Ⅱ. Major Policy

Ⅲ. “2023~2024” : Key Implement Plan2

Overview3

1-1

Persistent Pollutants Control Act

PurposeProtect citizen’s health and the environment from hazards posed bypersistent pollutants and to promote international cooperation
POPs + Mercury

InternationalConventions〮 Stockholm Convention (May2001adopted,May2004effected)* Korea’s Ratification : January 2007

Persistent〮 Minamata Convention (Oct.2013adopted,Aug.2017effected)* Korea’s Ratification : November 2019

ToxicBioaccumulative

Implementation of Korea〮 『POPs Control Act』 Enactment

Long-range
Transport

for Stockholm Convention* Jan. 2007 amended, Jan. 2008 enforced〮 『Persistent Pollutants Control Act』

Amendment
for Minamata Convention* Jan. 2016 amended, Feb. 2020 enforced

4

1-2

Overview
Main Law : Persistent Pollutants Control Act※ Ministry of Environment (overall POPs management)& Each relevant ministries (POPs management w/ their own laws)- MOTIE(product), MOF(marine environment), MFDS(food, medicine),RDA(pesticide, agricultural environment), NFA(fire fighting foam),KATS(content)

Subject: POPs (Stockholm Convention)+ Mercury(Minamata Convention)
POPs Management System
Intentional
Use

Ban expert/import between
PartiesBut, specific exemption is allowedfor certain period.

Unintentional
Generation

Dioxin: acceptable release limit
Self-measurement of business operator
Inspection & administrative measure(e.g. order of improvement)

Wastes

Notification of polluted device

Ban/Restriction onManufacture ‧Use
‧Export/Import

Stepwisedischarging reduction

Environmentallysound disposal
5

MajorPolicyⅠ. 화학물질등록제도 개요Ⅱ. 화학물질등록제도 주요내용III. 2021년 달라지는 점6

1Ban & Restrict Manufacture, Export/Import, UsePOPs listed to SC Annex A → Ban

BanhandlingSpecific exemption: When it is manufactured, exported/imported or used for thepurpose(s) as allowed to manufacture or use for certain purpose in Annex A(specificexemption), When it is manufactured, exported/imported or used for reagent of testing,research, study.

POPs listed to SC Annex B → Allow depending on purpose
Restricthandling

Acceptable purpose : When it is manufactured, exported/imported or used for
acceptable purpose as prescribed in Annex B.

Implementation

ImportExport

Import Response,

PIC

Exporter shall obtain consent ofissued after reviewing export(Prior Informed Consent procedure)

Importing Party

information sent by Exporting Party(Rotterdam Convention)

through ME for every export

7

1Ban & Restrict Manufacture, Export/Import, Use

Person who intends to export banned or restricted POPs
must apply for export approval before export
to confirm whether the Importing Party allows the import.
Banned/Restricted POPs
ME Public Notice : 「Regulation on POPs Type and Specific Exemption」

Specific Exemption & Allowable Purpose
It is allowed temporarily to produce and use for certain purposesdue to lack of alternative substances that are socially and economically feasible.
(Specific exemption) 5 years, and then extension is possible one time for 5 more years.
(Acceptable purpose) duration is not specified unless relevant discussion or decision ismade among Parties.

How to apply for export approval
Submit an application form for POPs export approval to local environmental office(Use the Attachment 2 of Enforcement Rule)* Attached document : warrant for exporter liability, export notification, MSDS
ME reviews the application form submitted through local environmental office,→ME notifies Importing Party of such export → a written export approval is issued.
8

1Ban & Restrict Manufacture, Export/Import, Use
Specific Exemption

Korea’s Current Status of Specific Exemption (as of 11 June 2023)
Domestic
Listing Enforcement DatePOPs Name

Adoptedin SC

Polychlorinated biphenyls(including all PCBs)

Ban &Unintended
Generation’05- (USE) PCBs-using equipment (e.g. transformer, condenser)
2008.1.27. * No specific exemption for production.
- (EXPIRATION DATE) 2025.12.31

Hexabromodiphenyl ether &Heptaboromodiphenyl ether(CAS No. 68631-49-2, 207122-15-4, 44625522-7, 207122-16-5, including commercial use)

Ban’092011.4.5.

Tetrabromodiphenyl ether &Pentabromodiphenyl ether(CAS No. 5436-43-1, 60348-60-9,including commercial use)

Ban

’09

2011.4.5.

PFOS, its salts andPerfluorooctane sulfonyl fluoride(CAS No. 1763-23-1, 307-35-7, 2795-39-3,29457-72-5, 29081-56-9,070225-14-8,56773-42-3, 251099-16-8)

Restriction’09

2021.6.3.

Specific Exemption- (USE) article that contains this substance, or is manufactured with recycled substance that may
contain this substance (only when it is environmentally sound recycled and treated.)* No specific exemption for production.
- (EXPIRATION DATE) 2030.12.31- (USE)fire fighting foam that is already installed in mobile or fixed system.
* No specific exemption or allowed purpose for production.
* At SC-COP9 in May 2019, existing specific exemptions (for certain period) and allowablepurpose (non-permanent exemption) are abrogated, which means tightened regulation. (cameinto effect on 3 Dec. 2022.)

Decabromodiphenyl ether(CAS No. 1163-19-5)

Ban’172020.2.20(PRODUCTION) additives for household heating product (provided that, the content of thissubstance shall be less than 10% by weight of a part, complying with flame retardantstandards)- (USE) legacy vehicle’s parts, aircraft’s part (when applying for approval before December
2018 and getting approved before December 2022), additives for household heating product(provided that, the content of this substance shall be less than 10% by weight of a part,complying with flame retardant standards)- (EXPIRATION DATE) 2025.2.20(extra 5 years possible)-PFOA, its salts and PFOA compounds(total 175 substances,including CAS No. 335-67-1)

Ban‘192021.6.3.

(PRODUCTION) Textiles for oil and water repellency for protection of workers(USE) Semiconductor manufacturing (photolithography or etch processes), Photographic
coatings applied to films, Textiles for oil and water repellency for protection of workers,
Invasive and implantable medical devices, PFOI for production of PFOB for purpose ofproducing pharmaceutical products, PTFE‧PVDF (gas filter membranes and water filter
membranes, membranes for medical textiles, industrial waste heat exchanger equipment,
industrial sealants capable of preventing leakage of VOCs‧PM2.5 particulates), FEP (electricalwire and cables for industrial power transmission), Fluoroelastomers for production of O-ringsand plastic accessories for car interiors.
- (EXPIRATION DATE) 2026.6.2

9

2

Stepwise Discharging Reduction

Effective POPs management & Stepwise POPs-discharging reduction
by regulating unintentional POPs discharge.
(From discharging facility → exhaust gas, waste water, etc.)

POPs-discharging business operator : Obligations
Install and manage an appropriate discharging facility complying with acceptable
discharging limit.
Follow improvement measures. (e.g. an order of improvement/use suspension)

Conduct self-measurement and impact investigation on adjacent area.

Government: National-level POPs management
Set up acceptable discharging limits & discharging reduction plan.
When a facility exceeds acceptable discharging limit, Gov. imposes anadministrative measure. (e.g. an order of improvement/use suspension/shutdown)→ check whether the measure is implemented. → Gov. may impose a penalty
surcharge.
Carry out a survey on POPs discharging sources and amount10

2

Stepwise Discharging Reduction

Discharge : Allowable Limit
Different, depending on discharging facility’s type, discharging route, etc.
1) Steel & Aluminium manufacturing facility: (exhaust gas) 0.5~1.0 ng-TEQ/Sm3, (waste water) 10 pg-TEQ/L
2) Copper & Cement manufacturing facility: (exhaust gas) 0.1~10 ng-TEQ/Sm3, (waste water) 10 pg-TEQ/L

3) Petrochemical basic chemicals manufacturing facility : (waste water) 50 pg-TEQ/L
4) Incinerating facility : (exhaust gas) 0.1~10 ng-TEQ/Sm3, (waste water) 10 pg-TEQ/L※ Allowable limits are different depending on facility type and standard.

Please refer to Attachment 3 of Enforcement Rule for more information.

Impact Investigation on Adjacent Area
In case of a facility where discharges more than certain amount of POPs,such facility shall investigate its impact on adjacent area every 3 years,
and then submit the result to local environmental office.

11

2

Stepwise Discharging Reduction
Self-measurement
Business operator shall conduct a self-measurement on discharged POPs
based on environmental pollution testing standards, or entrust measurement
to professional institute. The result shall be kept for 5 years.
POPs measurement more than one time (every 6 months~ 2 years) according toenvironmental media, facility type, incinerated amount, generated amount, etc.
ME designated and operates12 institutes for POPs measurement and analysis.
Certificate No.
14789101113141516statutory agency

Name of Institute
Korea Testing Laboratory (Seoul Office)Environmental Health Research Instituteof Gyeonggi Province
Eurofins Korea Analysis Service
DK Science Co., Ltd.
Environmental Health Research Institute ofBusan Metropolitan City
Gi-in Environmental Technology Co., Ltd.
ENB Tech Co., Ltd.
Ulsan National Institute of Science and Technology(UNIST)
Daehyun Environment Co., Ltd.
Erita Co., Ltd.
Korea Environment Measurement Center Co., Ltd.
Korea Environment Corporation (KECO)

Certification Date
‘09.01.01.
‘09.01.01.
‘09.01.01.
‘09.01.01.
‘09.01.01‘09.01.01‘09.01.01‘14.12.03‘16.06.15‘21.07.01‘21.09.27

12

2

Stepwise Discharging Reduction

Administrative Measuresagainst non-compliance with acceptable discharging limit
When a facility exceeds allowable discharging limit
Order of Improvement

Order of Use Suspension

Order of Shutdown

Announcementof Violation* Only when violation level is
low*: Business operator who got anorder of improvement shallsubmit improvement plan, andthen get confirmed that theorder of improvement is fulfilled.

When order of improvement
is not fulfilled.

When order of use
suspension is not
fulfilled &When it is consideredthat compliance withallowable limit is notpossible.

ME publishes the facility namewho gets an order ofimprovement /usesuspension/shutdown,
its violation activity, andimposed penalty.

★This is in the Amendment ofPOPs Control Act (June ’22)

When the use suspension of facility disrupts significantly
daily life and the economy of the local community.
replaceable with penalty surcharge of ≤300 million won
Provided that, it is not possible to replace an order of use
suspension with penalty surcharge, when an order of use
suspension is made for a violator who was already
imposed penalty surcharge within 2 years.
★Amendment of the POPs Control Act (June ’22)

13

2

Stepwise Discharging Reduction

National Level POPs Management
1 Survey on Discharging Source & QuantityEvery year, ME performs surveys on quantities of 4 pollutants* from 170 facilities
and calculates national discharging quantity, respectively.
* dioxin/furan, Co-PCBs, hexachlorobenzene, pentachlorobenzene

2 Establishment& Operation of POPs Measurement Network
Every year, ME takes samples at 171 spots nationwide,
and then analyzes total 26 pollutants** 5 by-products from processing, 5 organic chlorine pesticides,
4 industrial substances, 12 candidate substances14

2

Stepwise Discharging Reduction
National-level Management

1 Surveys on Discharging Point & Quantity
Every year, ME performs surveys on quantities of 4 pollutantsfrom 170 discharging facilities, *and then calculates national discharging quantity**, respectively.
* Incinerating facility : 70 facilities, Non-incinerating facility: 100 facilities** Dioxin/furan, Co-PCBs, hexachlorobenzene, pentachlorobenzene
Select facility
subject to survey

Measurement

Calculatedischarge
coefficient

Calculate national
discharging quantity

National management on unintentional POPs discharging sources,
Which aims to reduce unintentional POPs discharge.
152Stepwise Discharging Reduction
National-level Management

2 Establishment & Operation of Measurement NetworkEvery year, ME takes samples at 171 sources* nationwide,
and then analyzes total 26 pollutants**
Air: 38 sourcesⅹ2 times (summer/winter), Water: 36 sources,

Soil: 61 sources, Sediment: 36 sources** 5 by-products from processing, 5 organic chlorine pesticides,
4 industrial substances, 12 candidate substances

When pollutant value exceeds
Priority
95 percentile value for 2 consecutive years.
Measurement Network
Understanding pollution status in environmental media through themonitoring program & Continuous communication (e.g. consultation withthe industry)⇒ Call for the industry’s effort to manage discharging sources and reduce
discharging⇒ Utilize the data as base information for the national report of SC16

3POPs-containing Wastes Management

Listing

Notification

Restrict
Export/Import

Disposal

ME makes a list of contaminated device (device, installation, product)that contains more than 50mg/L of PCBs.
Owner of device subject to management shall notify the head oflocal government (e.g. mayor, governor) of manufacturer,manufactured date, whether insulating oil is replaced or not, etc.
※ Exemption from the notification: ① Devices manufactured after 27 Jan. 2008; and② PCB is contained in insulating oil less than 0.05mg/L.

When containing insulating oil with more than 2mg/L of PCBs,
export and import are banned.

Owner of contaminated device that its use is finishedshall dispose it within 45 days with an appropriate method
as such device is considered as designated waste under the Wastes
Control Act. (Attachment 8 of Enforcement Rule)

17

2024
Key Implementation Plan18

2024 Key Implementation Plan
“2023” : Our tasks
As the POPs Control Act was amended (Jun. 2022), its subordinate law
were also amended and enforced. (Jun. 2023)
Possible to give an order of use suspension to business operator who fails to fulfill
an order of improvement.
Designate measurement and analysis-specialized institutes& Develop operation standard therefor.
Specific exemption information becomes more accessible by making it in the formof ME Public Notice.

Strengthen inspection on dioxin discharging facilities
Increase the number of facilities subject to inspection(140 → 300 facilities)& Reduce an interval between inspections.(8 years → 2 years)
Induce business operators to comply with acceptable discharging limit, which
enhances effectiveness of dioxin regulation.

International cooperation on POPs
Participate in COP11 of Stockholm Convention and Rotterdam Convention, and thenreflects the adopted decisions into the domestic law.
Participate in COP5 of Minamata Convention, and then reflects the adopted
decisions into the domestic law.
Host the 22th Korea-Japan Government Officials Meeting (GOM) on POPs& Publish a comprehensive report on bilateral cooperation over the past 20 years.

192024 Key Implementation Plan
“2024” : Our Plan
Improved instrument of self-measurement
Self-measurement is exempted for business operator who goes through inspection

for the year, aiming at more effectiveness of the self-measurement instrument.

PFAS-containing fire fighting foam : status survey & management measure
Status surveys on its handling and management& Surveys on its manufacture, export/import, use, stored quantities.
Entire lifecycle management (even before manufacture/import ~ disposal)
Develop stepwise measures to replace it with environmentally sound fire fighting foam

SC Implementation
Review extension of specific exemption for Deca-BDE (extendable by 20 May 2025)
Prepare domestic entry-into-force of POPs adopted at COP 10 (i.e. PFHxS)

Consultation with the industry regarding POPs adopted at COP 11(i.e. Dechlorane Plus, UV-238, Methoxychlor)- Surveys on candidate POPs for COP 12 (i.e. Chlorpyrifos, MCCP, LC-PFCAs)

20

2024 Key Implementation Plan
Global PFAS Regulation Trend : Korea’s Response
PFAS are controlled under ‘POPs Control Act’ & ‘K-REACH’ in Korea.
POPs Control Act restricts/bans PFOA, PFOS and PFHxS listed to SC.
POPs measurement network for SC-listed 3 PFAS and additional 5 PFAS.

(including PFBA, PFBS, PFHxA, PFNA, PFDA)
Under K-REACH, some of PFAS are designated and managed as “Toxic Substance”/“Substance subject to Intensive Control”.

Respond to other countries’ PFAS regulation (e.g. EU ECHA, US EPA)
Korean government submitted an official comment on EU PFAS regulation to the EU.
(Sep. 2023, by the MOTIE)
ME will keep monitoring and responding to the global PFAS regulation trend.

Update the distribution status of PFAS in Korea
ME will keep updating the current status of PFAS distribution
by performing a statistical survey on chemical substance and so on.
21

Korea’s Management Policy& Response to Global Trends in POPsThank you화학물질정책과

22