On July 1, 2025, the Ministry of Environment (MOE) of South Korea announced a draft amendment to the Enforcement Rules of the Clean Air Conservation Act, revealing its plan to expand the regulations on emissions-related components, which have been limited to automobiles, to also include construction machinery. This amendment is proposed pursuant to Article 57-2 of the Clean Air Conservation Act, as revised in March 2025. The MOE is soliciting public comments on the draft until August 11, 2025.
Background and Purpose of the Revision
Until now, regulations prohibiting the removal or disabling of emissions-related components have only applied to automobiles. However, under the proposed amendment, they will also apply to construction machinery such as bulldozers and excavators. The MOE stated that expanding the scope is necessary to more effectively prevent air pollution caused by exhaust emissions.
Key amendments (Article 76, Paragraph 2 of the Enforcement Rules)
Under the proposed amendment, the following activities involving emissions-related components installed in automobiles or construction machinery will be prohibited:
- Removal, damage, disassembly, modification, or unauthorized adjustment
- Performance degradation caused by the non-use or insufficient use of catalysts such as urea water
- Causing a third party to perform any of the above activities
However, exceptions apply in cases where such activities are conducted for the purposes of inspection, maintenance, scrapping, or for educational or research purposes.
Scope of “emissions-related components” subject to the proposed rules
The emissions-related components subject to this amendment are specified in Appendix 20 of the Enforcement Rules and are categorized into the following nine categories:
- Emissions Conversion System
- Emissions Recirculation
- Evaporative Emission Control System
- Positive Crankcase Ventilation (PCV)
- Air Injection System
- Fuel Metering System
- Ignition System
- On-Board Diagnostics (OBD)
- Air Induction System
Regulations on the distribution of illegal products
Meanwhile, Article 57-2 of the Clean Air Conservation Act also prohibits the following activities involving products that reduce the functionality or performance of emissions-related components.
- Importing or selling such products
- Displaying or storing such products for the purpose of sale
- Acting as an intermediary in mail-order sales (except where the operator has taken appropriate measures under the Electronic Commerce Act)
- Acting as an intermediary in the purchase of such products
Original text of the proposed amendment to the Clean Air Conservation Act Enforcement Rules:
https://opinion.lawmaking.go.kr/gcom/ogLmPp/83240?pageIndex=1
Original text of the Clean Air Conservation Act:
https://www.law.go.kr/lsInfoP.do?lsiSeq=270221&efYd=20250325&ancYnChk=0#0000