2003 JAPAN LAW: AIR POLLUTION
Keywords: Environmental Law, Hanshin Expressway, Air Pollution, Traffic, Diesel Emissions, Motorcycles, Air Pollution Law, Carbon Emission Tax, Tax, Oil, Petroleum
Copyright 2004. All rights reserved Attorney Roderick H. Seeman
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Factory emissions of toxic chemicals are to be regulated by the Environment Ministry, particularly with respect to volatile organic compounds such as toluene and xylene. Such chemicals are believed to be at levels 7 times higher than in the USA.

An advisory body to the Ministry of Public Management, Home Affairs, Posts and Telecommunications, the Environmental Dispute Coordination Commission, has had its mediation proposal accepted by the Hanshin Public Expressway Corporation, the government and the residents of Amagasaki, Hyogo Prefecture. The dispute was brought to the commission  in October, 2002 by residents who filed a complaint on the failure of a December 2000 settlement of a court case. After having filed a suit about illnesses caused by air pollution from the expressway which had reached the Osaka High Court, a settlement was reached in December 2000. As a result of the settlement,  the Hanshin Public Expressway and the government agreed to certain traffic monitoring and traffic volume restricting measures would be introduced. Prior to the settlement, the Kobe District Court had ordered the Hanshin Public Expressway and the government to pay 210 million yen to 50 local residents. After the settlement the Ministry of Public Management, Home Affairs, Posts and Telecommunications stated that it had no power to regulate traffic volume, which would have to be handled instead by the prefectural police. Under the new proposal the government will ask the National Police to make a survey of traffic volume on the highway with the objective of curbing traffic volume, particularly of large vehicles. The National Police will also study the feasibility of restricting traffic. Consideration will be given to a road pricing system to reduce traffic. The Environmental Dispute Coordination Commission was established in 1972 for mediation of environmental disputes.

The Environment Ministry plans to introduce regulations in 2004, to be implemented in 2007 with the objective of vehicular emissions of sulfur and diesel particulate matter. One aim is to reduce diesel particulate matter emissions by 85% by 2005. From October 1, 2003 the Tokyo Metropolitan Government and the neighboring prefectural governments of Saitama, Chiba and Kanagawa imposed new stricter emission standards on diesel vehicles, in particular trucks and buses over 7 years of age. Vehicles not meeting the new standards will be banned from the region. Police will make regular inspections on the roads and, in addition, camera systems will watch particularly egregious black fumes and also photograph their license plate. If violators want to get back into the region they will have to fit their vehicles with special filters. The regulations will apply to almost one million vehicles registered in the region as well as other traveling there. The filters cost nearly one million each.

One month after the introduction of the new regulations a remarkable result brought about by the new regulations was that there was a shift of transport in freight in the of about 10% of total freight moving onto the railways from trucks.

The Environment Ministry is also planning to introduce new regulations restricting emissions by diesel vehicles. The aim is by 2010 to achieve the world’s toughest regulations, reducing nitrogen oxide levels by 90% as well as for particulate matter emissions for vehicles of 3.5 tons or more. Preceding this in 2005 regulations will be going into effect reducing nitrogen oxide emissions by 41% and emissions of particulate matters by 85% compared to present levels.

Diesel emissions on a national basis are likely to applied to motorcycles as well. An advisory body to the Environment Ministry, the Central Environment Commission has come up with new proposals to regulate exhaust emissions by motorcycles, which are expected to be implemented starting from 2006. In terms of engine size, motorcycles emit 10 times more hydrocarbons than automobiles. The new regulations, based on the Air Pollution Law aim to reduce emissions of carbon monoxide, nitrogen oxide and hydrocarbons by 50-85%. Under the new regulations, hydrocarbons will be cut by 75%, nitrogen oxide by 50% and carbon monoxide by 85%. In the first year the regulations will apply only motorcycles with engines of less than 50cc. In 2007 it will be expanded to larger motorbikes.

The Environment Ministry is also considering the introduction of a carbon emission tax to be introduced from 2005. The tax would apply to fossil fuels such as oil based on their carbon content. The tax would be applied to importers of crude oil and petroleum products producers. The ministry is thinking of a tax of 3400 yen per ton of carbon. Part of the revenues from the tax would go to municipal governments to encourage the citizenry to improve energy efficiency in their homes, use more eco-friendly appliances and fuel cell vehicles.