\
? UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
'••i^ WASHINGTON. D.C. 20460
November 14, 1975
MEMORANDUM
TO: EPA Staff
FROM: Division of Visitors and Information Exchange
Office of International Activities
SUBJECT: Attached Report on Japan
Attached is a report on Japan, first in a series of background
country papers for EPA staff involved in international activities.
Other reports which will be available soon include:
ASIA
Australia
EUROPE
Austria Italy
Belgium Luxemburg
Denmark Netherlands
France Spain
Germany (Federal Republic) Sweden
Great Britain Switzerland
Ireland
NORTH AMERICA
Canada
The country profiles, together with our monthly bulletin -- "Summaries
of Foreign Government Environmental Reports", are to inform EPA staff
about national environmental efforts abroad. Suggestions on improving
the format or contents of the reports are welcome. Please call
Dolores Gregory (202-755-0560).
Attachment
-------
0
N
M
For Internal Use Only
Office of International Activities
Environmental Protection Agency
November, 1975
-------
PREFACE
This is a brief report on the organization and management
of environmental activities on the national level in Japan.
Similar reports on other countries will be available soon. These
reports, which are background papers for EPA staff involved 1n
International activities, are not for distribution outside the
Agency.
Emphasis is on policy and regulatory functions of national
environmental agencies. Research and development, often under the
auspices of other departments, for example, Ministry of Science
and Technology, are not covered in these reports.
Source documents for the reports, received under the
International Documents Exchange, are available in the EPA
Headquarters Library. English summaries of the foreign docu-
ments are published in the monthly bulletin "Summaries of
Foreign Government Environmental Reports."
Office of International Activities
November, 1975
-------
TABLE OF CONTENTS
Page
I. National Organization for Environmental Control 1
II. Environmental Laws 6
III. Standards 13
IV. Enforcement Procedures 17
V. Interrelationships Between Government and Industry 21
VI. Case Histories 25
Reference Notes 27
Bibliography 29
iii
-------
£ 0 N T R 0 L _! N JAPAN
1. National Organization for Environmental Control
government structure
t '
Japan is a constitutional democracy, based on the constitution of 1947.
Although the Emperor still performs ceremonial functions, such as promulgating
laws and treaties and convening the legislature, executive power is vested in the
Cabinet, headed by the Prime Minister and Including other Ministers of State, all
of whom must be civilians. The Cabinet, in the exercise of executive power, is
collectively responsible to the Diet.
The National Diet of Japan in the highest organ of state power and the
sole law-making body of the State. It consists of two Houses, namely the House
of Representatives (lower House) and the House of Councillors (upper House) , both
consisting of elected members, representing all of the people.
The Prime Minister is designated from among the members of the Diet by
*
resolution of the Diet. He, in turn, appoints the Ministers of State, the majority
of whom must be chosen from among the members of the Diet. Directly subordinate to
the Prime Minister is the Office of the Prime Minister which serves as a coordinat-
ing body, administering various commissions and agencies, including the Environment
Agency.
There is a hierarchy of courts, headed by the Supreme Court, which com-
prises the Judicial branch of the government. The courts act independently of the
executive and legislative bodies.
national environmental organization
Environmental protection in Japan is administered by the Environment
Agency. Founded on July 1, 1971, this extraministerial agency is directly under
*A11 reference notes will be found beginning on page 27.
-1-
-------
the Office of the Prime Minister and headed by a Director General, who is the
Minister of State for Environmental A&fairs. The agency developed from the
Headquarters for Countermeasures for Environmental Pollution, which was estab-
lished in July 1970 and headed by the Prime Minister. Prior to July 1970, envi-
ronmental protection responsibilities had been distributed among various minis-
tries and agencies.
structure and functions
The Environment Agency is composed of the Minister's Secretariat,
bureaus for planning and coordination, water quality, air quality, nature con-
servation, and the Environmental Health Department,2 all directly subordinate to
the Director General and his Parliamentary and Administrative Vice Ministers.
(See organizational chart, page 3a.) The Minister's Secretariat is responsible
for personnel administration, accounting, public information, and matters regard-
ing international cooperation in environmental protection.
Among the duties of the Planning and Coordination Bureau are the
planning and promotion of basic environmental protection policies and the coordina-
tion of environmental protection functions performed by other agencies. The
Bureau's Research Coordination Division supervises the distribution of funds for
environmental programs to related ministries and agencies.
Water pollution control administration is exercised by the Water Quality
Bureau which is charged with the enforcement of water quality standards and the
treatment of industrial and domestic wastes. The Planning Division of this bureau
sets standards for methods of waste discharge and the treatment of sludge in sewers.
The Air Quality Bureau establishes environmental quality standards and
enforces laws regulating air, noiae, aad offensive odor pollution. Standards
regarding emission of pollutants into the air and the proper use of fuels are set
-2-
-------
by the Air Pollution Control Division. The Bureau also contains a Noise and
Odor Control Division and an Automotive Pollution Control Division.
The functions of the Environmental Health Department include the
promotion and coordination of scientific study on pollution-caused health
damage and the enforcement of the Pollution-Related Health Damage Compensation
Law. The Department contains a Planning Division, which supervises the extra-
departmental Pollution-Related Health Damage Compensation Association and a
Health and Welfare Division, which coordinates compensation payments to pollu-
tion victims and scientific research on the causes of health damage from pollution.
The responsibilities of the Nature Conservation Bureau Include the plan-
ning and promoting of policies relative to the conservation of nature and the
coordination of work in this area by other agencies.
Attached to the Environment Agency are five subsidiary bodies all of
which are accountable to the Director General: the Central Council for Control
of Environmental Pollution, the Nature Conservation Council, the Seto Inland Sea
Environmental Conservation Council, the National Institute for Environmental Studies,
and the Training Institute for Environmental Pollution Control. The Central Council
for the Control of Environmental Pollution performs planning and research functions
in all phases of environmental protection, including air and water quality stan-
dards, monitoring and surveillance procedures, and compensation for victims of
pollution. (See organizational chart, page 3b.) The National Institute for Environ-
mental Studies carries out interdisciplinary studies on the effects of environmental
disruption, while the Training Institute for Environmental Pollution Control was
established to provide training for national, prefectural and municipal government
employees involved in the administration of environmental protection.
-3-
-------
ORGANIZATION OF THE ENVIRONMENT AGENCY
.—Central Council (or Control of Environmental Pollution (See Appendix 2)
..J—Nature Conservation Council
*•—Seto Inland Sea Environmental Conservation Council
—Parliamentary
Vice Minister
Director General
(.minister of State)
—Adrninislrative-
Vicc Minister
(Tteputy Vice Minister)
—Minister's Secretarial —
-•Planning and Coordination
Councilor
—Counselor
•
—Secretarial Division
—General Affairs Division
' Regional Affairs Officers
—Accounts Division
— International Affairs Division
—Planning and Coordination Division
—Environmental Management Division
I Oflicr of Environmental Assessment
—Research Coordination Division
Knvironmen.nl _p Mining Division
-Health Detriment |_,|cB,|,1 nm, Wc,,Rre nivi,ion
' Office of Health Studies
—Nature Conservation Bureau —
—Air Quality Burcnu .
—Water Quality Bureau
—Planning and Coordination Division
—Natural Parks Planning Division
—Recreational Facilities Division
--Wildlife Protection Division
— Planning Division
— Air Pollution Control Division
—Special Pollution Division
— Automotive Pollution Control Division
—Planning Division
— Water Quality Management Division
—Water Pollution Control Division
-Office of Seto Inland Sen Pollution
Counter measures
- Soil and Agricultural Chemicals .Division
.r-Nationnl Institute for Envirunmentnl Studies
'—Training Institute for Environmental Pollution Control
-------
ORGANIZATION OP TUB CENTRAL COUNCIL FOR CONTROL
OP ENVIRONMENTAL POLLUTION
Gen«r«l Meeting
Co mm I Meet
-—General Affairs
— Planning
— Pollution
Control
Program
— Cost Allocation
Subcommittees
Expert Committees
Health
-Air Quality
I—Payment
-Noi«« and
Vilierntion
—Water Quality —
—Soil Pollution
—Ground
Subsidence
-Cost Allocation
-Environmental Quality Standard {or Lead
-Environmental Quality Standard {»r Hydrocarbons
-Offensive Odor
-Automotive Pollution
-Special Noi«f
-Automotive Noise •
-Vihernlion
Environmental Quality Standards relating to
"Human Health
Environmental Quality Standards relating to
'Living Environment
-Effluent Standard
—Wide-area Water Quality
—Measuring Method
—Monitoring and Surveilnnce
—Thermal Pollution
-Sediment in River, Coastal Water and Lakes
• -Special Problem*—
-Prevention of Ground Subsidence
-Measures for Subsidence-visited Areas
—Waste Disposal
-3b-
-------
other agencies with environmental responsibilities
Supplementing the work of the Environment Agency are several other
government ministries and public bodies. For example, the Regional Administra-
tive Inspection Bureaus of the Administrative Management Agency assist the
Environment Agency by carrying out surveys and collecting pollution data through-
3
out the country. .
In April 1972, the Japanese Government established an interministerlal
council to develop and enforce countermeasures against pollution by polychlorinated
biphenyls (PCS'a), and in June 1973, a similar council was created for mercury and
other chemicals. Composed of representatives of the Ministries of Health and Wel-
fare, International Trade and Industry, Transport, Construction and Labor, as well
as of the Environment and Fishery Agencies, the council's activities include the
establishment of tolerance levels of pollution in fish, nationwide Inspections of
4
factories, and surveys of highly polluted bodies of water.
A variety -of pollution control services is rendered by the Pollution
Control Service Corporation, established in 1970. This public corporation Installs
pollution prevention facilities to be utilized Jointly by several factories and
participates in the relocation of factories In non-polluted areas, the construc-
tion of recreation areas, and the extension of loans for antipollution programs.
Financial assistance to industrial enterprises for pollution control is also pro-
vided by the Japan Development Bank, the Smaller Business Finance Corporation, the
People's Finance Corporation, and the Agricultural, Forestry and Fishery Loans
Corporation.
national-local relationships
Japan is administratively divided into 47 prefectures, Including the
metropolis of Tokyo, each of which is governed by an elected governor and a uni-
-4-
-------
caneral assembly. Prefectures are subdivided into cities, tovns or villages
governed by a mayor and assembly, both elected by popular vote. The Local
Autonomy Law of 1947 increased the power of prefectural and local governments.
All prefectural governments and many local governments have adminis-
trative units for environmental protection, and a significant portion of envi-
ronmental control administration is performed at the local levels of government.
Several prefectures also operate pollution research centers. In addition, the
Environment Agency has set up departments and organizations responsible for
pollution control in every prefecture.
Prefectural and local governments are empowered to enact ordinances
regulating environmental pollution and to issue standards more stringent than
national standards to suit specific local circumstances. They also assist in
pollution control programs through the surveillance of. polluting sources, the
enforcement of regulations, and the promotion of pollution control projects.
-5-
-------
II. Environmental Laws
legislative system
The Diet is the national legislative organ of Japan; however, most
of the country's significant legislation originates in the Cabinet. Bills
introduced by members of the House of Representatives must be endorsed by at
least twenty other members; those introduced in the House of Councillors
require endorsement by ten or more members. Legislation is debated by the
committees of each house of the Diet before a vote is taken. Pursuant to the
issuance of the law, Cabinet Orders may be enacted providing regulations for
implementation of the law.
highlights of environmental laws
The basic environmental legislation in Japan is the August 3, 1967
Q
Public Nuisance Countermeasures Basic Law no. 132. This law is of general
nature and establishes the framework within which the country's most signifi-
cant environmental legislation has been enacted. According to this law, the
national and local governments are required to prepare and implement fundamental
policies for prevention of public nuisances harmful to human health or the
living environment.
The law assigns to the national government the responsibility for
setting and enforcing environmental standards, as well as of promoting research
in environmental protection. The government also controls the establishment of
polluting facilities in areas where pollution is extreme. Local governments are
to establish their own environmental protection plans in accordance with local
circumstances and within the guidelines set by the national government.
Another stipulation of the law is that the national government create
a system for settling public nuisance disputes and for compensating victims of
-6-
-------
public nuisances. Industrial enterprises must bear all or part of the expenses
required for pollution control measures prescribed by the national or local
governments.
water pollution
Water pollution in Japan is regulated mainly by the December 25, 1970
Q
Water Pollution Control Lav no. 138. This law applies to "specified facili-
ties," which are defined as those facilities discharging polluted water or
waste liquid containing cadmium or other substances which might be harmful to
human health .into any public-use water area. At the time of the establishment
or alteration of such facilities, a report must be submitted to the prefectural
governor describing the facility and providing information such as planned
treatment methods for effluents. If the governor determines that effluent stan-
dards would be exceeded by a planned facility, he may order that plans for the
facility be changed or abandoned.
The law further stipulates that discharging enterprises keep records
of the pollution level of effluents. Governors are required to constantly super-
vise the effect of water pollution in public-use water areas of their prefectures.
In cases of dangerous water pollution, they are empowered to order the reduction
of harmful discharges for a specified period of time or they may order that other
measures be undertaken. The creation of Prefectural Water Quality Councils to
investigate water protection measures is another condition of the law.
In order that specified polluting establishments may meet effluent
standards, the national government shall, by virtue of the Water Pollution Con-
trol Law, provide financial or technical assistance, with special consideration
for small and medium-sized enterprises.
-7-
-------
Implementation measures for the Water Pollution Control Law are
set forth in the June 17, 1971 Cabinet Order no. 188.11 Articles 1, 2 and 3
of this order list those discharging establishments and polluting substances
subject to the control of the Prefectural Water Quality Councils, whose member-
ship includes the chiefs of the Local Bureau of Agricultural Administration,
the Regional Bureau of International Trade and Industry, the Local Bureau of
Construction, and other local officials. Moreover, those city, town or village
officials controlling public-use water areas may advise the prefectural governor
on countertneasures against pollution of waters under their jurisdictions.
Pollution of sea water by oil discharged from ships and marine
facilities is controlled by the December 25, 1970 Marine Pollution Prevention
12
Law no. 136. Designed to promote the preservation of the marine environment
through .preventive measures, this law prohibits the discharge of oil and solid
waste into the sea from Japanese ships or marine facilities. The law further
requires that, in the event of water pollution due to oij. discharge, the respon-
sible party take immediate remedial action, after having reported the event to
the Marine Safety Board.
In implementing the Marine Pollution Prevention Law, the Ministry of
Transportation issued the June 23, 1971 Ordinance no. 38 which provides enforce-
ment regulations. The ordinance enumerates standards for the discharge of oil
from ships, stipulates emergency control measures, and describes the obligatory
reporting procedure for enterprises involved in waste oil treatment.
The methods and standards for the disposal of solid wastes into sea
areas are outlined in the June 22, 1971 Enforcement Order no. 201 of the Marine
Pollution Prevention Law.
Water pollution emanating from sewerage systems is regulated by the
-8-
-------
April 1958 Sewerage Law. According to this law, public sewerage systems must
set up programs which include the establishment of terminal treatment plants and
regulations controlling sewerage systems.
air pollution
Air pollution control legislation is based on the June 10, 1968 Air
Pollution Control Law no. 97, which regulates the emission into the air of
pollutants from industrial plants or business establishments and motor vehicles.
This law requires the Prime Minister's Office to set emission standards for sulfur
oxides, soot and dust, and toxic substances from stationary sources, within the
framework of which the Prime Minister's Office and prefectural governors may
issue stricter standards for soot and dust and toxic substances in areas of seri-
ous air pollution. In the case of sulfur oxides, prefectural governors are to
prescribe total mass emission control standards in the designated area by Cabinet
Order. Establishments installing facilities likely to emit soot, smoke or parti-
culate matter must submit a report to the prefectural governor describing the plans
for the facility and proposed methods of disposal of pollutants. The governor may
then order changing or abandoning of plans for any facility whose emissions would
exceed the prescribed standards.
The setting of standards for fuels used in facilities emitting soot and
smoke containing sulfur-oxides is the responsibility of the prefectural governor,
working within guidelines established by the Director General of the Environment
Agency and the Prime Minister's Office. Industrial establishments are obligated
to keep records of the volume and density of emitted soot and smoke.
With regard to motor vehicle emissions, the Air Pollution Control Law
states that the Director General of the Environment Agency shall establish maximum
permissible limits for motor vehicle exhaust gases. In order to maintain ambient
-9-
-------
air quality standards, governors are required to monitor the degree of air pollu-
tion in their prefectures and, in the event that air pollution reaches dangerous
levels, they must order a reduction of emissions from soot and smoke emitting
facilities or order the Prefectural Public Safety Commission to take measures to
reduce motor vehicle traffic.
The Air Pollution Control Law provides that the national government
shall render necessary technical or financial assistance to private enterprises
for the improvement of methods for disposing of soot and smoke and shall promote
research on air pollution control. Administrative duties belonging to prefectural
governors under this law may be delegated to the municipal governments.
Pursuant to the Air Pollution Control Law, Cabinet Order no. 329, dated
November. 30, 1968 (Enforcement Order of the Air Pollution Control Law) lists
additional substances regarded as harmful within the context of the lav and desig-
nates facilities which require regulation by virtue of their smoke or dust emitting
character. The order names control areas where fuel utilization must be regulated
and establishes emission standards for smog emergency situations.
Air pollution caused by offensive odors from industrial installations
is controlled by the June 1, 1971 Offensive-Odor Prevention Law no. 91. This law
Lists malodorous substances and empowers prefectural governors to designate areas
in which control standards will apply. Governors may request reports from odor-
producing establishments detailing their deodorizing efforts, and they may order
inspections of such establishments. Finally, the law prohibits the outdoor incinera-
tion of rubber, leather, plastic materials, or waste oils in residential areas.
Emission standards for several substances designated as malodorous are
provided in the May 30, 1972 Ordinance of the Prime Minister's Office no. 39 (Imple-
menting Regulations for the Offensive Odor Control Law). In addition, the 1972
-10-
-------
Cabinet Order no. 207 assigns administrative functions for implementation of the
Offensive-Odor Prevention Law to prefectural governors and certain mayors and lists
the types of businesses and facilities to which the order applies.
other environmental program areas
Noise pollution from industrial installations, contruction works and
motor vehicles in Japan is regulated by the Noise Abatement Lav no. 98 of June 10,
1968. The pursuant Enforcement Order no. 324 of November 27, 1968 lists types of
industrial installations and construction works subject to control. Mufflers are
required on all motor vehicles and certain motor bicycles under the June 1, 1951
Law no. 185 Concerning Vehicles for Road Transportation. Environmental quality
standards for noise were established in May 1971 for various categories of areas.
A separate set of standards has been issued for aircraft noise, in addition to the
August 1, 1967 Law no. 110 and the September 7, 1967 Cabinet Order no. 284 on Noise
Abatement in the Vicinity of Public Airports.
The quality and safe use of agricultural germicides, insecticides and
rodent killers is controlled by.the Agricultural Chemicals (Pesticides) Control
Law no. 82 of July 1, 1948 and its ensuing enforcement regulations. In addition,
the Agricultural Land Pollution Control Law no. 139 of December 25, 1970 endeavors
to prevent the production of crops and livestock that could endanger human health
and to remove impediments to the growth of crops by controlling the pollution of
agricultural land by certain harmful substances.
Japan has various laws concerning radiation-, among which are the Atomic
Energy Basic Law (no. 186 of December 19, 1955); the Law for the Regulation of
Nuclear Source Material, Nuclear Fuel Material and Reactors (no. 166 of June 10,
1957); and the Law Concerning Prevention of Radiation Hazards Due to Radioisotopes,
etc. (no. 167 of June 10, 1957).
-11-
-------
The appropriate disposal of industrial and municipal wastes is controlled
by the December 25, 1970 Waste Disposal and Cleaning Lav no. 137 and its enforce-
ment regulations. The December 28, 1950 Law for the Control of Poisonous and
Potent Agents prohibits the disposal of certain poisonous agents without previous
neutralization of their toxicity.
promulgation
Laws and their ensuing enforcement orders and regulations are published
in the Kogai Kankei Horei Kalsetsu Shu.
-12-
-------
III. Standards
There are two groups of water quality standards in Japan—those
relating to human health, which are applicable to all public water areas, and
those relating to the living environment, which are set for different types and
uses of water areas. There are nine controlled substances relative to human
health. The presence in water areas of four of these substances—cyanide, alkyl
mercury, organic phosphorus and PCB's—must not be detectable by the examining
i
methods prescribed by the Director General of the Environment Agency. The concen-
trations of total mercury may not exceed 0.0005 ppm and the concentrations of
sexivalent chromium and arsenic may not exceed 0.05 ppm, while the concentration
of cadmium may not exceed 0.01 ppm and that of lead must be 0.1 ppm or less.
With regard to protection of the living environment, five items are
regulated by standards: pH, biochemical oxygen demand, suspended solids, dissolved
oxygen and a number of coliform groups. There are six sets of standards for rivers
which vary according to the use of the river water. Likewise, there are four sets
of standards for lakes (including reservoirs and marshes) and three sets of stan-
dards for coastal waters.
In addition, research is being carried out by the Environment Agency on
setting water quality standards for total chromium, antimony and alkyl benzene sul-
fonate.17
In order to achieve these ambient water quality standards, national
effluent standards, also varying somewhat depending on whether the protection of
human health or of the living environment is Involved, have been established by
the Prime Minister's Office. Since these standards specify only the minimum values
required for achieving the national water quality standards, it is stipulated that
stricter standards are to be issued by prefectural ordinances for those areas with
more serious water pollution problems.
-13-
-------
Those effluent standards designed to protect human health stipulate that
the presence of alkyl mercury compounds in effluents must not be detectable, while
the amount of total mercury may not exceed 0.005 tng/1, and the amounts of sexi-
valent chrome compounds and arsenic and its compounds may not exceed 0.5 rag/1.
The maximum permissible limits of cyanide compounds, organic phosphorus compounds
and lead and its compounds is 1 mg/1. The effluent concentration of cadmium and
its compounds may not exceed 0.1 mg/1, and that of PCB's may not exceed 0.003 mg/1.
Twelve items are regulated by one set of effluent standards with regard
to safeguarding the living environment. The maximum permissible values of these
items range from 2 mg/1 for chrome and 3 mg/1 for copper to 160 mg/1 for biochemical
oxygen demand and 200 mg/1 for suspended solids. Permissible pH values are
between 5.0 and 9.0 for effluent discharged into other public water bodies. These
effluent standards are applicable to establishments whose daily effluent volume is
3
50 m or more.
Ambient air quality standards have been established in Japan for sulfur
dioxide, carbon monoxide, suspended particulate matter, nitrogen dioxide and photo-
chemical oxidants. The daily average hourly concentration of sulfur dioxide in
the air may not exceed 0.04 ppm, with hourly values not exceeding 0.1 ppm. As for
carbon monoxide, the average hourly value may not be greater than 20 ppm as measured
in eight consecutive hours or greater than 10 ppm when measured as the dally average
of hourly values. Standards for suspended particulate matter apply to air-borne
participates having a diameter of 10 microns or less. The dally average hourly
o
concentrations of suspended particulates must be less than 0.10 mg/m , with hourly
concentration being less than 0.20 ng/m . The daily average of hourly values for
nitrogen dioxide in the air may not exceed 0.02 ppm and the hourly values of photo-
chemical oxidants may not be greater than 0.06 ppm.
-14-
-------
In order to attain these air quality standards, the Japanese government
has issued emission standards for various harmful substances. In many cases, these
standards vary according to the type of emitting facility, the amount of pollution
caused and the level of available pollution-control technology. With the exception
of sulfur oxide standards, prefecture! governments may set stricter standards if
*i
necessary to obtain the required ambient air quality.
The sulfur oxide emission standard is expressed by the equation
•i o
q =» K x 10 He , where q is the hourly volume of sulfur oxides emitted and He is
the height of the smokestack (the sum of the heights of the stack and ascent of
smoke). There are eight different values for K, ranging from 3.0 to 17.5 and de-
pendent on the location of a sulfur-oxide emitting installation, which determine
the degree of regulation, with a smaller K value signifying a stricter control stan-
dard.
In areas where factories and Industrial establishments are concentrated,
and it is considered to be difficult to attain air quality standards for sulfur
dioxide by means of this sulfur oxide emission standard, the governor of the pre-
fecture is to formulate a total mass reduction plan for sulfur oxides and prescribe
the total mass emission control standard on the basis of such a plan.
National emission standards for soot and dust, which are uniform through-
out the country for each particular type and size of emitting facility, range from
0.10 - 0.80 g/Nm (grams per normal cubic meter at 0°C and 1 atmospheric pressure).
However, in areas suffering serious air pollution problems, newly constructed soot
and smoke emitting installations may not discharge more than 0.05 -0.50 g/Nm of
those substances. Maximum limits have also been established for the emission of
33 3
cadmium (1.0 mg/Nm ); chlorine (30 mg/Nm ); hydrogen chloride (80 ag/Nm ); fluorine,
3
hydrogen fluoride and silicon fluoride (1.0 - 20 mg/Nm ), depending on the emitting
-15-
-------
3
facility; and lead and its compounds (10 - 30 mg/Nm ).
Nitrogen oxide emission standards, which vary according to the type
of emitting facility, range from 130 to 480 ppm for newly constructed facilities
and from 170 to 750 ppm for facilities already in existence. A provisional maxi-
mum limit for the amount of PCB's emitted in Incineration gases has been established
at 0.25 mg/m , with the average value not exceeding 0.15 mg/m .
Certain areas in Japan have been designated as fuel standard areas, where
air pollution aggravated by the seasonal use of petroleum fuels Is serious. In
these areas, the sulfur content of fuels may not exceed 0.5 - 1.2 Z within a pre-
scribed period.
With regard to controlling air pollution caused by motor vehicle exhaust
gases, the Japanese government has established standards for carbon monoxide, hydro-
carbon and nitrogen oxide emissions from new cars. In accordance with these stan-
dards, vehicles produced after April 1, 1975 must not at cruising speed exceed an
average of 2.1 g/km of carbon monoxide, 0.25 g/km of hydrocarbons, and 1.2 g/km
of nitrogen oxides. For vehicles produced after April 1, 1976, nitrogen oxide
emissions are required to average 0.6 g/km for cars with equivalent internal weight
(EIW) of 1,000 kg or less and 0.85 g/km for cars with EIW of more than 1,000 kg.
Regulations also require that vehicles already in use acquire ignition timing retards
or catalyst exhaust purifying devices approved by the Minister of Transport within
specified time periods.
Another area of air pollution control in Japan is malodorous substances.
Five such sbustances—ammonia, methyl mercaptan, hydrogen sulfide, dimethyl sulfide,
and trimethylamlne—are regulated by standards In certain designated control areas.
The national government has established a range of tolerance levels for each of the
five substances within which prefecture! governments may set their own standards.
-16-
-------
IV. Enforcement Procedures
court system
The Japanese court system is headed by a Supreme Court consisting of
a Chief Justice and fourteen Judges. Under the Supreme Court are eight regional
higher courts, district courts in each prefecture, and local courts. The local
v
courts have Jurisdiction of the first Instance in lawsuits pertaining to public
nuisance crimes relative to the endangeraent of human health. ® Many pollution-
related disputes, however, are settled outside the court system by arbitration or
mediation by the Pollution Coordination Committee or by mediation or reconciliation
by the Prefectural Pollution Examination Boards. Such administrative settlements
are provided for under the June 1, 1970 Law no. 108 on the Settlement of Pollution
Disputes.
The Pollution Coordination Committee, established by Law no. 52 of June 3,
1972, is an independent administrative committee which, in addition to mediating
and arbitrating disputes, renders guidance to local governments with regard to hand-
ling pollution-related complaints. It is composed of a chairman and six other mem-
bers and is empowered to collect necessary data or technical information from other
administrative agencies or business organizations. Moreover, each prefecture and
city with a population of 250,000 or more is provided with a counselor to whom
pollution-related complaints are brought and who is responsible for seeing that
such problems are resolved. Counselors are provided in smaller cities when the
need arises.
enforcement mechanisms
Enforcement of air and water pollution control regulations in Japan Is
mainly the responsibility of the prefecture! governments. Prefectural governors
are authorized to enforce national air and water standards or stricter prefecture!
-17-
-------
standards. If regulations are violated, governors may impose administrative notices
for improvement. If violations constitute a danger to human health, governors may
impose penal punishment under the December 25, 1970 Law no. 142 Concerning Punish-
ment of Public Nuisance Crimes Pertaining to Human Health.
Extensive prefectural monitoring systems have been established to con-
stantly survey air and water quality. Many prefectural governments have set up
networks of stations that automatically transmit a continual flow of data to a
monitoring center.
All public water bodies for which environmental standards have been estab-
lished are monitored by the prefectural governments. Surveillance of sea water is
performed by the Maritime Safety Research Center, the Marine Pollution Surveillance
Center and inspectors of the Maritime Safety Offices' in Tokyo and other major cities.
Particular attention is given to the Inland Sea, where regular rounds are made by
patrol craft In areas where the danger of pollution is serious.
For the surveillance of air quality, there are several national air pollu-
tion monitoring stations which record the concentrations of various pollutants in
the air as well as meteorological conditions. There are also national monitoring
stations for motor vehicle exhausts in Tokyo. In addition, prefectural and munici-
pal authorities enforce regulations regarding soot, smoke and particulate emitting
facilities by on-site inspections, improvement orders, and recommendations or orders
relative to fuel quality. Emergency measures are Initiated when the concentration
of one or more pollutants reaches dangerous levels.
With regard to motor vehicle emissions, prefectural governors are obliga-
ted to measure the concentration of pollutants in exhaust gases in areas where air
pollution from mobile sources is critical. If emission standards are exceeded,
governors must request the Prefectural Public Safety Commission to regulate traffic.
-18-
-------
penalties
Both the Water Pollution Control Law and the Air Pollution Control Law
contain provisions for penalties to be Imposed on violators of the various sections
of the laws. Under the Water Pollution Control Law, penalties range from a fine
of up to 30,000 yen for failure to report to the prefectural governor any changes
in name or address of a specified discharging establishment to a fine of up to
200,000 yen or up to one year imprisonment for failure of a discharging facility
to comply with improvement orders or changes requested by the governor. The viola-
tion of effluent standards or non-compliance with an order of the governor to reduce
effluents in situations of critical pollution are punishable by imprisonment not
exceeding six months or a fine of up to 100,000 yen. If effluent standards are
violated through negligence, rather than intentionally, penalties imposed may be
no more than three months imprisonment or a fine of no more than 50,000 yen. A
fine not exceeding 50,000 yen or a prison term of up to three months may be levied
against proprietors of specified discharging facilities in cases where installations
or alterations are not reported to the governor.
The penal provisions of the Air Pollution Control Lav are similar to those
of the Water Pollution Control Law. The emission of soot, smoke or other specified
harmful substances in excess of the permissible limits is punishable by up to six
months imprisonment or a fine of up to 100,000 yen. If such violations occur
through negligence, however, penalties may be a prison term not exceeding three
months or a fine not exceeding 50,000 yen. Failure to report the Installation or
modification of a smoke, soot or particulate-emltting facility to the prefectural
governor, or non-compliance with fuel standards, may elicit a prison term of up to
three months or a fine of up to 50,000 yen. Failure to comply with a governor's
order to modify or temporarily suspend activities of an emitting facility is punish-
-19-
-------
able by imprisonment of up to one year or a fine of not more than 200,000 yen.
Infractions of pollution control regulations which constitute damage to
human health are punishable according to the penal provisions contained in the Law
Concerning Punishment of Public Nuisance Crimes Pertaining to Human Health. Article
2 of this law states that anyone who has, in the course of business activities,
knowingly discharged into the environment materials which are dangerous to human
health shall be punished by imprisonment not exceeding three years or a fine not
exceeding 3,000,000 yen. When dangerous substances are discharged through negli-
gence, penalties are imprisonment of up to two years or a fine of up to 2,000,000
yen. If such activities cause illness or death of any person, a prison term of up
to seven years or a fine of up to 5,000,000 yen is elicited, unless this occurs
through negligence, in which case the penalty is a prison term not exceeding five
years or a fine not exceeding 3,000,000 yen.
-20-
-------
V. Interrelationships Between Government and Industry
overall relationship
Private industrial enterprises in Japan have been working close'ly with
the government to reduce the harmful impact of industrial activities on the en-
vironment. Industrial expenditures for pollution control equipment have been
•*
greatly increased over the past few years in an effort to meet government standards
for air and water quality. Also, more and more enterprises have been adding anti-
pollution researchers to their scientific staffs.
Cooperation between industry and government is further characterized by
the establishment of antipollution agreements between prefecture! or municipal
governments and private industrial organizations. These agreements contain provi-
sions pertaining to general pollution control measures, regulations on the discharge
of air and water pollutants, payment of damages to pollution victims, and on-the-
spot inspection of polluting facilities. Similar agreements have also been esta-
21
blished between commercial enterprises and local resident groups. A
An important part of the government-Industry relationship Is the Japan
Federation of Economic Organizations (Keidanren). The chief function of Keidanren,
whose membership represents practically all phases of economic activity In the
country, is to make the views of business and industrial organizations known to the
national government, thereby stimulating a united effort for the resolution of
problems such as environmental pollution.
who pays?
Polluting industries are.assuming an ever-increasing portion of the finan-
cial burden of pollution control in Japan, while the government contributes In the
form of funds allocated to environmental protection programs by various ministries
and agencies and through tax incentives to private industry to stimulate invest-
-21-
-------
nents in pollution-control equipment. The December 25, 1970 Law no. 133 on Enter-
prises Bearing the Cost of Pollution Control Works obligates industries to subsidize
all or part of the costs involved in pollution control works undertaken by the
aational or local governments.
The responsibility of private industry for providing financial aid to
•»
pollution victims is also expanding. Under the October 5, 1973 Law no. Ill on
Pollution-Related Health Damage Compensation, polluting establishments are obligated
to compensate for health damage due to marked air or water pollution over a consid-
erable area resulting from their operations. Polluted areas in which such compen-
sation is provided are designated by cabinet order, and victims of pollution-related
illness are certified by prefecture! governors or, in certain instances, by city
mayors. (These certifications must be approved by prefectural or municipal Pollu-
tion-Related Health Damage Certification Councils.)
The types of benefits provided under this program are 1) medical care
benefits and medical care expenses; 2) compensation for handicaps; 3) compensation
for survivors; 4) lump compensation payments for survivors; 5) child compensation
allowances; 6) medical care allowances; and 7) funeral expenses. The funds for
these payments are collected from polluting establishments by the Pollution-Related
Health Damage Compensation Association, an administrative agency of the national
government, which in turn disburses the funds to prefectural or municipal govern-
ments for payment to certified victims.
The Association collects funds from polluting enterprises by means of
pollution load levies and special levies. Pollution load levies are collected in
polluted areas designated by cabinet order as "class 1 regions," in which air pollu-
tion causes aggravation of certain illnesses. Every fiscal year, a pollution load
levy is paid by enterprises whose maximum amount of polluting emissions exceeds
-22-
-------
the limits set by cabinet order. The amounts of these payments Is proportional to
the amount of excess emissions. Special levies, also collected every fiscal year,
are paid by establishments emitting air or water pollutants causing certain ill-
nesses in areas designated by cabinet order as "class 2 regions."
In addition to the above-mentioned benefits, the health damage compensa-
v
tion law provides for the establishment of pollution-related health welfare pro-
grains in prefectures or cities, which would include rehabilitation programs for
pollution victims, as well as health damage prevention programs. Such projects are
also to be subsidized by funds collected from polluting enterprises.
major industries
Japan suffers serious pollution problems largely resulting from the high
concentration of industry in certain areas. The major polluting industries in the
country are iron and steel, ceramics and cement, paper and pulp, food processing,
22
and chemicals. In the past few years, however, several policies have been initi-
ated with the purpose of relocating industries to areas of lesser industrial con-
centration. Under the Law Concerning Promotion of Industrial Relocation, a public
corporation has been set up to finance Industrial relocation and building sites
23
for major industrial establishments. In addition, the Law Concerning Restriction
of Industry in Existing Residential and Business Zones in the Tokyo Metropolitan
Area and the Law Concerning Restriction of Factories, Plants, Etc. In the Klnkl
Region has sought to reduce industrial pollution in those areas. Relocation measures
are also being undertaken in accordance with the Law Concerning Promotion of Intro-
duction of Industry into Rural Areas.
industrial monitoring v
The June 10, 1971 Law no. 107 on the Establishment of an Organization
for Pollution Control in Specified Factories requires that any factory containing
-23-
-------
a device which discharges smoke, dust, polluted water or which creates noise,
appoint a manager and an engineer to direct pollution-control duties. These mana-
gers must take qualifying courses and pass a national examination before assuming
their responsibilities. Polluting establishments are also obligated to keep
records of the amounts of emissions or effluents discharged.
-24-
-------
VI. Case Hiatorlea
Within the past few years, many industrial enterprises have been brought
to court for causing damage by air and water pollution. The judicial decisions
arising from four of these trials were most significant in affirming the respon-
sibility of polluting industrial enterprises for pollution control and in asserting
that, with the technology available, there is no reason that persons should become
25
victims of pollution. In all four cases, the defendant companies were required
to pay rather large compensation to the victims, many of whom had been injured
fatally.
The Itai-itai disease case, between the residents of the Jinzu River
basin in Toyama Prefecture and the Kamioka Works of the Mitsui Mining and Smelting
Company, concerned chronic poisoning from cadmium contained in effluent discharged
from that enterprise. This disease was first reported in 1955 in th« Jinzu River
basin area; in 1959 a large concentration of cadmium was found in river and well
water in that area. In order to research the problem further, the Toyama Prefec-
ture Regional Special Disease Countermeasures Committee was set up in 1961, followed
in 1963 by the establishment of the Itai-itai Disease Research Committee and Re-
search Team. In 1969, with the passage of the Law on Special Measures for the
Relief from Damage due to Environmental Hazards, 96 victims of the disease were
certified. The court decision handed down in June 1971 confirmed a causal relation
between the disease of the plaintiffs and the wastewater discharged from the Kamioka
Works.
Two other major trials, the Nllgata Minamata disease case and the Mina-
mata disease case of Kumamoto Prefecture, concerned Illness caused by the discharge
of organic mercury compounds in wastewater by Showa Denko, Ltd. and the Chisso
Corporation, respectively. The residents of those areas were poisoned by seafood
-25-
-------
contaminated by the mercury discharges.
The fourth major pollution trial, concluded in July 1972, involved ill-
nesses caused by soot and smoke emissions from the six companies of the Yokkaichi
Industrial Complex in Yokkaichi City. As in the three other cases, the plaintiffs
were awarded compensation and it was asserted that the defendant companies were
t
negligent in failing to recognize the harmful effects of their activities on human
health.
-26-
-------
Reference Notes
timbers in brackets following entries are the identification numbers assigned to
documents which have been abstracted for the Foreign Exchange Documents Program
of the E.P.A. Office of International Activities. Copies of documents are filed
Amder these numbers at the E.P.A. Headquarters Library in Washington, D.C.
1. May 31, 1971 Law no. 88 Establishing the Environment Agency. [I00861A]
2. This department was created in 1974.
3. Japan, Environment Agency, "Reorganization of Environment Agency," Japan
Environment Summary, v. 2, no. 7, July 10, 1974, p. 4. [002343A]
4. "Antipollution Council Holds First Meeting," The Japan Tinea (Tokyo),
June 15, 1973, p. 2.
5. June 1, 1965 Law no. 95 Establishing the Pollution Control Service
Corporation, as amended by May 31, 1971 Law no. 88. [000863A]
6. ibid., p. 204.
7. Japan, Environment Agency, Quality of the Environment in Japan, (Tokyo: 1973)
p. 41. [002048A]
8. As amended by December 25, 1970 Law no. 132 and May 31, 1971 Law no. 88.
[*00860A]
9. As amended by May 31, 1971 Law no. 88 and June 22, 1972 Law no. 84. [I00533A]
10. A listing of these substances, as well as a listing of the "specified
facilities" is provided in the June 17, 1971 Cabinet Order no. 188,
implementing the Water Pollution Control Law. [000534A]
11. As amended by Cabinet Orders no. 219 of June 30, 1971 and no. 346 of
1972. [000534A]
12. As amended by December 25, 1970 Law no. 137. [#00537A]
13. As amended by June 15, 1972 Cabinet Order no. 225. [I00537C]
14. As amended in 1970. [#00539A]
15. As amended by Law no. 18 of April 13, 1970; Law no. 108 of June 1, 1970;
Law no. 134 of December 25, 1970; Law no. 88 of May 31, 1971; Law no. 84
of 1972. [I00393A1
16. As amended by Cabinet Order no. 219 of June 30, 1971. [#00393C]
17. Quality of the Environment in Japan, op. cit., p. 218.
-27-
-------
18. Dally average may not exceed 120 mg/1.
19. Dally average aay not exceed 150 mg/1.
20. Deceaber 25, 1970 Law no. 142 Concerning Punishment of Public Nuisance
Crloes Pertaining to Hunan Health. [000866A]
21. Quality of the Environment in Japan, op. c±t., pp. 206-208.
22. Quality of the Environment In Japan, op. clt., p. 31.
23. Ibid., p. 202.
24. Ibid., p. 201.
25. Ibid., p. 21.
-28-
-------
Bibliography
Publications that proved helpful in the research for this study and are
recomended for those undertaking similar research include:
Japan. Environment Agency. Quality of the Environment in Japan.
Tokyo: 1973, 1974. [002048A]
. Environment Agency. Environmental Lavs and Regulations in
Japan. Tokyo: 1974. [#02909A]
. Japan External Trade Organization. "The Environmental Situa-
tion Today." Focus Japan/Now in Japan. May 1974, no. 12. [002167A]
. Keidanren. Environmental Pollution and Japanese Industry.
Tokyo: 1973. [002492A]
. Ministry of Foreign Affairs. Development of Environmental
Protection in Japan. Tokyo: 1974? [002173A]
-29-
------- |