Reasons for Proposal
Busan, Incheon, and other major harbor cities have particulate matter concentrations as high as those of large inland cities such as Seoul and Daegu. There have been ongoing calls for the formulation of measures to address the causes of the issue, which are harbors and ships.
Particulate matter in harbor regions are mainly produced during ship operation and stevedoring. However, there are many difficulties in controlling air pollution emitters under current laws and measures to address particulate matter are being formulated with a focus on large inland cities. As a result, harbor regions are being excluded from policy priorities.
Accordingly, the enactment of the Special Act on Air Quality Improvement in Harbor Regions, etc., aims to reduce and efficiently control the emission of particulate matter and other air pollutants, thereby preventing health hazards to the residents of harbor regions and creating a better living environment. It prescribes the preparation of relevant measures and regulates air pollution emitters in harbor regions, etc., while also enabling the establishment of a low-pollution ship and harbor infrastructure.
Details
A. Define “harbor regions, etc.” as harbor zones under Article 2, subparagraph 4 of the Harbor Act, harbor districts under Article 2, subparagraph 4 of the Fishing Villages and Fishery Harbors Act, and the territorial sea and contiguous zone of the Republic of Korea under the Territorial Sea and Contiguous Zone Act; and define “harbor emitters” as ships and stevedoring equipment (Article 2)
B. Prescribe that the Minister of Oceans and Fisheries shall formulate a master plan on air quality improvement in harbor regions, etc., every five years via prior negotiation with the Minister of Environment and deliberation by the Maritime Affairs and Fisheries Development Committee pursuant to Article 7 of the Framework Act on Marine Fishery Development, and that heads of the relevant administrative agencies shall take the actions necessary for the implementation of the master plan (Article 7, Article 8)
C. Prescribe that the Minister of Oceans and Fisheries may designate waters subject to ship emissions regulations and apply tighter requirements to reduce air pollutants generated by ships, and may designate speed-restricted waters where ship owners may be advised to operate their vessels below a certain speed limit (Article 9, Article 10)
D. Prescribe that a state agency within a harbor air quality control zone shall ensure low-pollution ships make up at least a certain percentage of newly purchased ships, allow the Minister of Oceans and Fisheries to recommend the private sector to purchase low-pollution ships, and prescribe the matters necessary therefor (Articles 11 through 14)
E. Allow the Minister of Oceans and Fisheries to restrict access to harbor facilities and fishery harbor facilities for any motor vehicle that is likely to emit a large quantity of air pollutants (Article 21)
F. Prescribe matters necessary for the construction of environmentally friendly harbors, require harbor management authorities to install an alternative maritime power supply in any harbor of a certain size or larger, and allow the installation of an alternative maritime power supply and power receiving system to be recommended to the private sector (Article 19, Article 20)
G. To obtain funds for harbor air quality improvement projects, impose a cooperation charge for air quality improvement in harbor regions, etc. on ship owners and harbor transport business operators who have a negative impact on harbor air quality, and prescribe that the charges collected shall be used for air quality improvement projects in harbor regions, surveys, assistance for low-pollution ships, etc. (Article 21, Article 22)
Major Provisions
Require any person who engages in business activity (including any operation of a ship he or she owns and any use of stevedoring equipment for the business activity concerned) in a harbor air quality control zone to actively prepare measures necessary to prevent air pollution caused by the business activity, and to actively cooperate with air quality conservation policies enforced by the State or local governments (Article 5)
Prohibit the use of fuel oil that exceeds certain limits in waters subject to ship emissions regulations designated by the Minister of Oceans and Fisheries, require matters concerning fuel oil replacements, etc., to be recorded, and otherwise apply tighter requirements (Article 9)
Recommend vessels to operate below a certain speed in speed-restricted waters designated by the Minister of Oceans and Fisheries (Article 10)
Require any stevedoring business entity, terminal operating company, and harbor business operator that transports dusty cargo to install facilities to suppress the generation of fugitive dust or take other necessary measures (Article 16)
Allow the Minister of Oceans and Fisheries, via negotiation with the Minister of Environment, to restrict access to harbor facilities, etc., for any diesel motor vehicle below a certain rating (Article 18)
Allow the installation of equipment necessary to prevent air pollutant emissions, etc., to be recommended to harbor business operators (Article 19)
Allow the installation of an alternative maritime power supply to be recommended to any person who owns a harbor facility, and the installation of a power receiving system to be recommended to ship owners (Article 20)
Prescribe that ship owners, harbor business operators, and other related persons shall not refuse, interfere with, or evade an entry/exit inspection administered by a public official without reasonable cause (Article 24, paragraph 3)
Allow the Minister of Oceans and Fisheries, Commissioner of the Korea Coast Guard, or Mayor/Do Governor to stop, search, siege, or prohibit the entry/exit of a ship or issue other orders or take other actions as necessary in the event that the ship is deemed to have violated the provisions set forth herein (Article 25)