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The Air Pollution Control Act is the main legislation concerning air pollution in Japan.  Regarding protection of the ozone layer, the Ozone Layer Protection Act regulates the manufacture and import of specified substances that deplete the ozone layer.  The use, management, and disposal of fluorocarbons are strictly regulated by the Fluorocarbons Management Act, the Home Appliances Recycling Law, and the Automobile Recycling Law. 

Emission standards for automobiles have been established by the relevant ministries under the Air Pollution Control Act and the Road Transport Vehicle Act.  Nitrogen oxides (NOx) and particulate matters (PM) are further regulated in metropolitan areas. Under the Air Pollution Control Act, the Minister of Environment may prescribe maximum permissible limits for the properties of automobile fuel, or maximum permissible limits for the quantity of substances contained in automobile fuel. 

Under the Act on Rationalizing Energy Use, the Ministry of Economy, Trade and Industry (METI) and the Ministry of Land, Infrastructure, Transport and Tourism (MLIT) have established standards for the improved fuel efficiency of automobiles taking into consideration the highest level fuel efficiency. 

When a person intends to establish facilities that generate soot and smoke, specified particulates, or other pollutants, her or she must submit advance notice the prefectural governor under the Air Pollution Control Act. 

The government is currently trying to increase the amount of power sourced by renewable energy.  The Act on Special Measures Concerning Procurement of Electricity from Renewable Energy Sources by Electricity Utilities requires electric companies to purchase electricity generated by renewable energy source at a certain price.  To protect desirable farmland and fishery areas while promoting renewable power generation facilities, the Renewable Energy Generation in Farmland Act facilitates the orderly establishment of such facilities.  The government also supports development of large-scale energy storage systems for power generated by renewable sources.   

I. Basic Framework

Japan’s Basic Environment Act articulates the country’s basic policies regarding environmental conservation.[1]  Based on the Act, the government has established the Basic Environment Plan,[2] and has also established environmental quality standards with regard to air pollution, water pollution, soil contamination, and noise.[3] The prefectural governors may also formulate environmental pollution control programs for specific areas if environmental pollution in the area is currently serious or could be worsened due to the rapidly increasing population and the concentration of industry.[4]

The Air Pollution Control Act is the main legislation concerning air pollution in Japan.  The Act promotes the implementation of measures against hazardous air pollutants and sets maximum permissible limits for automobile exhaust.[5]

In addition, Japan is a party to several relevant international agreements, having ratified the 1985 Vienna Convention for the Protection of the Ozone Layer[6] and the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer in 1988.[7]  Regarding global warming, the government adopted the Plan for Global Warming Countermeasures in May 2016[8] and ratified the Paris Agreement in November 2016.[9]  In the Plan, the government set a greenhouse gas (GHG) emission reduction target of 26% by 2030 (25.4% compared to 2005).[10]

The Ministry of the Environment (MOE) plays a central role in the government’s environmental conservation policy.[11]  The Ministry of Economy, Trade and Industry (METI) has jurisdiction over energy efficiency, renewable energy (especially solar photovoltaic power), and global warming.[12]  The Ministry of Land, Infrastructure, Transport and Tourism (MLIT) is in charge of making buildings more energy efficient, developing greenhouse gas countermeasures for individual vehicles, and promoting low-carbon urban development.[13]  The Ministry of Agriculture, Forestry and Fisheries (MAFF) also has some jurisdiction over environmental issues, such as agricultural greenhouse gases and renewable energy from biomass.[14]

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II. Ozone Layer Protection

A. Ozone Layer Protection Act

The Diet (Japan’s parliament) enacted the Act on the Protection of the Ozone Layer Through the Control of Specified Substances and Other Measures (Ozone Layer Protection Act) in 1988.[15]  The Act establishes measures for controlling the manufacture of, reducing emissions from, and rationalizing the use of specified substances that deplete the ozone layer.[16]  The controlled substances are specified in a cabinet order that corresponds to substances in annexes to the Montreal Protocol.[17]

The Minister of METI issues permits for manufacturing specified substances or approvals for their import in order to keep the level of production and consumption of each specified substance within the limits that Japan must observe based on the provisions of the Montreal Protocol.[18] 

A person who seeks to manufacture specified substances must obtain a permit from the Minister of METI for the quantity of the specified substance the person seeks to manufacture during the year.  However, permission is not required when a person manufactures a certain specified substance in a quantity that has been already been allowed by the Minister in another permitting procedure.[19]  A person who manufactures a specified substance in a quantity not exceeding the fixed quantity specified by a cabinet order[20] is also not required to obtain permission, but is required to report the quantity to the Minister.[21]  When a person has destroyed a specified substance, used it as a raw material in a manufacturing process of a substance other than the specified substance, or used it for a purpose specified by a cabinet order, the person may manufacture the specified substance in the specified quantity upon confirmation from the Minister of METI.[22]

A person who seeks to import a specified substance must receive approval to import[23] pursuant to the Foreign Exchange and Foreign Trade Act.[24]  A person who has exported a specified substance must notify the Minister of METI every year of the export quantity in the previous year and other matters.[25]

The Ozone Layer Protection Act obligates persons who use specified substances to endeavor to reduce their emissions and rationalize the use of specified substances.[26]  The Minister of METI and the Minister of the Environment have issued guidelines for reducing emissions and rationalizing the use of specified substances.[27]  The guidelines suggest that persons who use the specified substances (1) make their facility a sealed structure, (2) add cooling and steam condensation functions for the specified substances, (3) introduce substitute substances, and (4) recycle the specified substances that are used for cleaning solutions, among other things.[28]  

B. Act on the Rational Use and Proper Management of Fluorocarbons

Under the Act on Rational Use and Proper Management of Fluorocarbons (Fluorocarbons Management Act), the government takes measures for the “rational use” of fluorocarbons and the “proper management” of fluorocarbons used in specified products in order to control fluorocarbon emissions into the atmosphere.[29]  

The “rational use” of fluorocarbons means reducing the use of fluorocarbons by such measures as manufacturing alternative substances that will not deplete the ozone layer and will not have a serious impact on global warming, and reducing the amount of fluorocarbons used in products.[30]  The Minister of METI has issued guidelines for manufacturers of products that use fluorocarbons.[31]  The guidelines state that manufacturers must establish a “plan of rationalization” for the use of fluorocarbons and submit an annual report to the METI.[32]

The “proper management” of fluorocarbons used in specified products means that fluorocarbon users must properly measure emissions of, fill specified products with, make efforts to reduce overall emissions of, and recover, recycle, and destroy fluorocarbons.[33]  “Specified products” means Class I specified products, including air conditioners and refrigeration equipment or freezing equipment for commercial use, and Class II specified products, including air conditioners for automobiles that use fluorocarbons as a refrigerant.[34] 

The Minister of METI has established standards regarding the measures to be taken by persons who manage Class I specified products.[35]  A person who manages more than Class I specified products is obligated to annually report the estimated leakage amount of fluorocarbons calculated by the method specified by an ordinance.[36]  Any person intending to engage in filling and recovery operations for a particular fluorocarbon (Class I fluorocarbon filling and recovery operator) must be registered with the relevant municipal heads or prefectural governors having jurisdiction over the areas where the operations are to be conducted.[37]  A person who manages Class I specified products must hire a registered Class I fluorocarbon filling and recovery operator when fluorocarbon is added to or recovered from the Class I specified products.[38]  A person who manages Class I specified products must also deliver the fluorocarbons added to the Class I specified products to a registered fluorocarbon filling and recovery operator when the person disposes of the product.[39]  Quantities of fluorocarbons filled or collected by a fluorocarbon filling and recovery operator are reported to designated information process centers.[40]

A person intending to engage in recycling operations for Class I fluorocarbons must obtain a license from the competent ministers for each place of business where the person will operate the business.[41]  Such Class I fluorocarbon recycling operators collect fluorocarbons from Class I fluorocarbon filling and recovery operators and recycle the fluorocarbons.  When recycling, the operators must follow the standards for recycling fluorocarbons specified by the ordinances of the competent ministries.[42]

A person intending to engage in fluorocarbon destruction operations must obtain a license from the competent ministers for each place of business where the person will conduct operations.[43]  A fluorocarbon destruction operator must collect fluorocarbons when a Class I fluorocarbon filling and recovery operator has so requested or a fluorocarbon recycling operator request to collect them because the recycling operator cannot process unless there are reasonable grounds for refusal.[44]

A person who recovers or transports fluorocarbons used in Class II specified products upon maintenance of vehicles must comply with the standards for recovery or transport of fluorocarbons specified by ordinances of the competent ministries.[45]  The recovery and destruction of fluorocarbons used in Class II specified products are governed by the End-of-Life Vehicles Recycling Act (see the following section) in addition to the Fluorocarbons Management Act.[46]

The Act prohibits the release of fluorocarbons used in specified products into the atmosphere without good reason.[47]  It also requires products containing fluorocarbons to bear labels stating such prohibition and the necessity of collecting fluorocarbons upon disposal of the product, among other things.[48]   

Violations of the Act are criminally punishable.[49]

C. Home Appliance and Automobile Recycling Laws

The Home Appliances Recycling Act[50] obligates manufactures of air conditioners and refrigerators to collect and recycle fluorocarbons from these appliances. The Act on Recycling of End-of-Life Vehicles obligates fluorocarbon recovery operators who are registered under the Act to collect end-of-life automobiles, collect fluorocarbons from them, and hand over the remaining car to car dismantling operators.[51]

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III. Automobile Emission Standards

A. Emission Standards

Under the Air Pollution Control Act, the Minister of the Environment prescribes maximum permissible limits for various pollutants contained in automobile emissions under specified conditions.[52]  Current standards are set forth in the MOE Notification No. 141, the Motor Vehicle Exhaust Emission Standards.[53]

Based on the Road Transport Vehicle Act,[54] the Minister of MLIT also issues regulations in connection with the emission of automobile exhaust, which must be consistent with the MOE Notification.[55]  In the Notification Detailing the Safety Standards of the Road Transport Vehicle, the MLIT specifies the test method and the maximum emissions for carbon monoxide (CO), non-methane hydrocarbons (NMHC), nitrogen oxides (NOx), and particulate matter (PM) per unit,[56] as reflected in the following chart:

Emission Standards of Gasoline and LPG Cars (unit: g/km)

 

CO

NMHC

NOx

PM

Max

Average

1.92

1.15

0.08

0.05

0.08

0.05

0.007

0.005

Source: MLIT Notification No. 619 of 2002.[57]

B. Automobile NOx/PM Reduction Law

In consideration of the problem of air pollution caused by NOx and PM emitted from automobiles in areas where traffic is concentrated, the Automobile NOx/PM Reduction Act establishes NOx and PM emission standards for certain automobiles registered in specified areas, and restricts the amount of NOx and PM emissions from automobiles for business activities.[58]  The specified areas are metropolitan areas where traffic is concentrated, as designated by governors.[59]  The specific automobiles are trucks and buses (not only diesel-fueled ones) and diesel passenger cars.  The owners of automobiles that do not satisfy the emission standards cannot register them within the specified areas and will not be permitted to operate in those areas.[60]  Automobiles that were previously registered but are now subject to restrictions under the Act do not pass the required inspection and therefore the car registration cannot be renewed.[61]  However, when the owners of such automobiles install MLIT-certified devices to reduce emissions, such automobiles may be registered.[62] 

The emission standards under the Act are as follows:

Car Type

Permissible Limits

Fuel

NOx

PM

Passenger cars & Special car with capacity of maximum 10 persons

Diesel

0.48 g/km

100 ppm

0.055 g/km

Automobiles (Buses, trucks, etc.) 1.7 ton or less (GVW)

Gasoline or LPG

0.48 g/km

 

Diesel

0.48 g/km

100 ppm

0.055 g/km

Automobiles more than 1.7 ton &  2.5 ton or less

Gasoline or LPG

0.63 g/km

 

Diesel

0.63 g/km

130 ppm

0.06 g/km

Automobiles more than 2.5 ton & 3.5 ton or less

Gasoline or LPG

5.9 g/kWh [kilowatt hours]

580 ppm

 

Diesel

5.9 g/kWh

340 ppm

0.175 g/kWh

Automobiles more than 3.5 ton

Gasoline or LPG

5.9 g/kWh

580 ppm

 

Diesel

5.9 g/kWh

0.49 g/kWh

Source: Emission Standards (Summary), MLIT, as translated by author.[63] 

C. Automobile Fuel Quality Regulations

Under the Air Pollution Control Act, the Minister of Environment may prescribe maximum permissible limits for the properties of automobile fuel, or maximum permissible limits for the quantity of substances contained in automobile fuel, in order to keep emissions from automobiles below the permissible limits.[64]  The MOE has issued a notification to set the standards.[65]  The Minister of Economy, Trade and Industry may also issue an ordinance on the quality of gasoline and diesel to be used as fuels for automobiles, based on the Act on Quality Control for Gasoline and Other Fuels.[66]  The Air Quality Control Act states that the Minister must set standards for gasoline in compliance with the MOE standards.[67]  The METI Ordinance currently sets the standards as follows:

Gasoline

Lead

Non-detectable

Sulfur content

10 ppm

MTBE

7% vol. max

Oxygen content

1.3% mass. max

Benzene

1% vol. max

Kerosene

4% vol. max

Methanol

Non-detectable

Ethanol

3% vol% max

Washed gum

5 mg/100 ml. max

Color

Orange

 

Diesel

Sulfur

10 ppm

Cetane Index

45 min.

Distillation, T90%

360°C max

Triglyceride1

0.01 mass% max

Fatty Acid Methyl Ester

0.1 mass% max

or

0.5 max% and

  Methanol: 0.01 mass% max;

  Acid Value: 0.13 mg KOH/g max;

  Formic Acid+Acetic Acid+Propionic Acid: 0.003 mass% max; and

  Oxidation stability: 65 minutes min (temporary alternative: 0.12 mg KOH/g max)

Source: Based on information provided in MITI Ordinance No. 24 of 1977.[68]

D. Fuel Efficiency

Pursuant to the Act on Rationalizing Energy Use, the Ministers of METI and MLIT have established and publicized “standards of judgment” for manufacturers of automobiles with regard to improvements in fuel efficiency.[69]  The standards of judgment are established by considering the highest level of automobile fuel efficiency, future prospects for related technological developments, and other circumstances,[70] referred to collectively as the “top runner standards.”[71]

The Ministers set the standards by joint ordinances.  The chart below shows 2015 fuel efficiency targets for gasoline and diesel passenger cars.  The numbers apply to the average fuel efficiency of cars of each weight category that importers or manufacturers sold.  The measurement method is the JC08 mode.  In the case of diesel cars, the fuel economy numbers are divided by 1.1.[72]  Targets for 2020 were set in 2013:

Curb Weight

(kg)

Fuel Economy Target

(km/L)

- 600

22.5

601 - 740

21.8

741 - 855

21.0

856 - 970

20.8

971 - 1080

20.5

1081 - 1195

18.7

1196 - 1310

17.2

1311 -1420

15.8

1421 - 1530

14.4

1531 - 1650

13.2

1651 - 1760

12.2

1761 - 1870

11.1

1871 - 1990

10.2

1991 - 2100

9.4

2101 - 2270

8.7

2271 -

7.4

Source: METI∙MLIT Notification No. 11 of 2013, as translated & adapted by author.[73]

The fuel efficiency targets of buses, trucks, and tractors were also set by a METI and MLIT notification.[74]  A chart reflecting those standards is available on the MLIT website.[75]

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IV.  Requirements for Opening New Industrial Facilities

The Air Pollution Control Act regulates the emission from factories and workplaces of soot and smoke, volatile organic compounds (VOCs), specified particulates, and mercury.  “Soot and smoke” includes

  • sulfur oxides generated by the combustion of fuel or other items;
  • soot and dust generated by the combustion of fuel or other items or by the use of electricity as a source of heat; and
  • specified cadmium, chlorine, hydrogen fluoride, lead, and other substances that are generated as a result of combustion, synthesis, decomposition, or other processes that are likely to harm human health or living conditions.[76]

The government may identify areas with concentrations of factories or workplaces where it is difficult to attain air quality standards by using only the emission standards, whereupon the prefectural governor must formulate and implement aggregate volume standards of sulfur oxide and NOx.  Factories and workplaces that are larger than the scale that the prefectural governor specifies in accordance with the standards prescribed by MOE ordinance are subject to such regulation.[77]

When a person intends to establish facilities that generate general particulates, the person must submit a notification to the prefectural governor before beginning to operate the facility.  Such notification must include information about the structure and planned use of the facility.[78]  Subsequent operation of the facility must comply with the standards in terms of the structure, use, and management of the facility as set by the MOE.[79]  When a prefectural governor finds that the person is not complying with the standards, the governor may order him or her to comply within a specified period and/or temporarily suspend use of the facility.[80]

Persons intending to establish facilities that generate soot and smoke, VOCs, specified particulates, or mercury must submit notifications to the prefectural governor more than sixty days before beginning construction.[81]  In addition to information about the structure and use of the facility, such notifications must include information on the methods for disposing of soot and smoke or VOCs, or the methods for disposing of or preventing dispersal of specified particulates.[82]  A governor may order changes or abolition of a plan set forth in a notification if he or she thinks the facility will emit more soot and smoke, VOCs, or specified particulates than regulated.[83]  Documents stating the quantities of sulfur oxides and NOx generated and the way in which sulfur oxides and NOx will be emitted by the factories or workplaces must be attached to the notification.[84]

In addition, under the Automobile NOx/PM Act, a person who intends to establish a theater, hotel, office building, or other building of a certain size that generates heavier traffic must submit a notification to the prefectural governor.  The notification must include information on the use, size, and layout of parking for the building; expected emissions of NOx from vehicles coming to the building; and methods the person will take to reduce emission of NOx from vehicles.[85]  

V. Promotion of Renewable Energy  

A. Feed-In-Tariff Act

The 2015 Long-Term Energy Supply and Demand Outlook by METI aims to have power sourced by renewable energy at 22–24% of total power generation in Japan by 2030.[86]  To promote the use of renewable energy sources for electricity, the Act on Special Measures Concerning Procurement of Electricity from Renewable Energy Sources by Electricity Utilities (the FIT Act) was enacted in 2011 and became effective in 2012.[87]  The FIT Act requires electricity companies to purchase electricity generated by renewable energy sources (solar photovoltaic, wind power, hydraulic power below 30 megawatts, geothermal, and biomass)[88] at a certain price.[89]  Costs incurred by the utility in purchasing renewable energy-sourced electricity must be transferred to all electricity customers, who pay the surcharge for renewable energy in proportion to their electricity usage.[90]

A person who intends to generate electricity by a power generation facility using a renewable energy source must obtain certification from the Minister of METI in order to provide the power to an electricity utility.[91]  To be certified, the following requirements must be met:

  • The electricity generating business must be deemed to promote usage of electricity generated by a renewable source based on the standards provided by the METI Ordinance.
  • The electricity generating business must be expected to run smoothly and with certainty.
  • The renewable energy power generation facility must be able to generate power steadily and efficiently over the Procurement Period and conform to other standards provided for by the METI Ordinance.[92]

When these requirements were initially implemented large numbers of businesses sought certification as solar power suppliers because the prices at which utilities were required to buy electricity from solar power suppliers were relatively high.  However, many certified business did not start for various reasons, such as a failure to establish a facility.[93]  The METI requested relevant information from such businesses and cancelled their certifications if they could not start a business within a certain amount of time.[94]  The 2016 amendment of the Act addresses this issue.  As stated above, in order to be certified, the business plan is now examined, not just the facility. The amended Act also requires owners of renewable energy facilities to enter into an interconnection agreement with the relevant utility before certification.[95]  In addition, certifications for those who were certified soon after the FIT Act became effective and had not started their business by the end of March 2017 expired.[96]    

To give power-generating businesses predictability regarding their profits, the Minister of METI may set tariffs in advance for the following fiscal years[97] and must set a target price for tariffs over the long term.[98]  To reduce electricity purchase costs, the amended Act introduced a reverse auction system for determination of electricity tariffs.  When the Minister expects that the tariff for electricity from a particular renewable source can be reduced by using an auction system, the Minister may conduct such an auction.[99] Suppliers then submit bids and compete for the right to supply a fixed amount of power to the utilities. The bids are accepted from the lowest bid upwards, until the capacity available at the auction is fully allocated.[100]

The METI calculated that the annual surcharges collected from an average household that consumes 300 kWh per year would be ¥8,100 (about US$80) in 2016.[101] In 2018, the purchase price of solar PV electricity for 10 kW to 2,000 kW is 18 yen (US$0.16),[102] reduced from the 2016 price of 24 yen (US$0.22).  For the price of solar PV power at 2,000 kW or more, the reverse auction system has applied since 2017.[103]

B. Renewable Energy Generation in Farmland Act

After the FIT Act was implemented, the Act on Promoting Generation of Electricity from Renewable Energy Sources Harmonized with Sound Development of Agriculture, Forestry and Fisheries (Renewable Energy Generation in Farmland Act) was enacted in 2013 to prevent harm to farmland and fishery areas by the establishment of renewable energy power generation facilities and to facilitate their orderly establishment.[104]

Under the Act, the national government establishes a basic policy to harmonize promotion of power generation from renewable sources and the sound development of agriculture, forestry, and fisheries.[105] Municipal governments establish basic plans of renewable energy generation management based on the national basic policy.[106]  A business that intends to establish a power generation facility by using renewable sources within the area where the municipal basic plan applies must obtain an approval from the municipal government under the basic plan.[107] 

The Act intended that power generation facilities would be established on land that is not desirable for farming rather than on fertile land.  In addition, a percentage of the profit from power generation must be used for revitalization of the area.[108] The Act enables municipalities to issue one permit that substitutes for various permits under various laws, such as the Farmland Act, the Cattle Business Promotion Act, the Forestry Act, the Natural Park Act, etc.[109]

C. Storage of Energy Generated by Renewable Source

Because solar photovoltaic and wind power generation is affected by weather, energy storage is important for managing volatility in electricity production.  When energy can be stored, the excess electricity produced from renewable resources during ideal energy generation conditions can be stored and used during cloudy (in the case of solar energy) or calm (in the case of wind energy) weather conditions.  The METI has supported development of large-scale energy storage systems since 2012.[110]

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Prepared by Sayuri Umeda
Foreign Law Specialist
June 2018


[1] 環境基本法 [Basic Environment Act], Act No. 91 of 1993, amended by Act No. 46 of 2014, art. 1.

[2] Id. art. 15.

[3] Id. art. 16.

[4] Id. art. 17.

[5] 大気汚染防止法 [Air Pollution Control Act], Act No. 97 of 1968, amended by Act No. 41 of 2015, art. 1.

[6] United Nations Treaty Collection (UNTC), Ch. 27, 2, Vienna Convention for the Protection of the Ozone Layer, https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXVII-2&chapter=27&clang=_en, archived at https://perma.cc/3H9U-YW7P.

[7] UNTC, Ch. 27, 2. a Montreal Protocol on Substances that Deplete the Ozone Layer, https://treaties.un.org/ pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXVII-2-a&chapter=27&clang=_en, archived at https://perma.cc/48MN-LHAB.

[8] 「地球温暖化対策計画」の閣議決定について [Regarding Cabinet Decision of “Plan for Global Warming Countermeasures”], MOE (May 13, 2016), https://www.env.go.jp/press/102512.html, archived at https://perma.cc/DX8G-MBY7.

[10] 地球温暖化対策計画 [Plan for Global Warming Countermeasures], Cabinet Decision (May 13, 2016), https://www.env.go.jp/earth/ondanka/keikaku/onntaikeikaku-zentaiban.pdf, archived at https://perma.cc/LM7P-HLW7See also Overview of the Plan for Global Warming Countermeasures, Cabinet Decision on May 13, 2016, MOE (Tentative Translation), https://www.env.go.jp/press/files/en/676.pdf, archived at https://perma.cc/L7ES-NK33.

[11] Environmental Conservation Policy of the Government and the Task of the Ministry of the Environment, MOE (Feb. 2006), http://www.env.go.jp/en/aboutus/pamph/html/00pan040.html, archived at https://perma.cc/7J3T-AWTN.  The entire document is available through http://www.env.go.jp/en/aboutus/pamph/html/ (last visited Apr. 30, 2018), archived at https://perma.cc/4PQU-HMRV

[12] Energy and Environment Policy, METI, http://www.meti.go.jp/english/policy/energy_environment/index.html (last visited Apr. 30, 2018), archived at https://perma.cc/7V3G-EZZP.

[13] MLIT, White Paper on Land Infrastructure, Transport and Tourism in Japan ch. 8, § 1. 1 (2016), http://www.mlit.go.jp/common/001216023.pdf, archived at https://perma.cc/5Z7E-BT42.

[14] Environmental Issues, MAFF, http://www.maff.go.jp/e/policies/env/index.html (last visited May 1, 2018), archived at https://perma.cc/65FC-7Y3D.

[15] 特定物質の規制等によるオゾン層の保護に関する法律 [Act on the Protection of the Ozone Layer Through the Control of Specified Substances and Other Measures], Act No. 53 of 1988, amended by Act No. 64 of 2014.     

[16] Id. art. 1.

[17] 特定物質の規制等によるオゾン層の保護に関する法律施行令 [Enforcement Order of Act on the Protection of the Ozone Layer Through the Control of Specified Substances and Other Measures], Cabinet Order No. 308 of 1994, amended by Cabinet Order No. 411 of 2014, art. 1 & attached tables.

[18] Id. art. 7.

[19] Id. art. 4, para. 1.

[20] Enforcement Order of Ozone Layer Protection Act art. 2.

[21] Ozone Layer Protection Actart. 4, para. 3.

[22] Id. arts. 11–13.

[23] Id. art. 6.

[24] 外国為替及び外国貿易法 [Foreign Exchange and Foreign Trade Act], Act No. 228 of 1949, amended by Act No. 38 of 2017, art. 52.

[25] Ozone Layer Protection Act art. 17.

[26] Id. art. 19.

[27] Id. art. 20; 特定物質の排出抑制・使用合理化指針 [Guidelines for Reducing Emissions and Rationalizing Use], MOE and METI Notification No. 2 (Jan. 4, 1989), amended by MOE and METI Notification No. 1 (Mar. 26, 2008), http://www.env.go.jp/hourei/11/000631.html, archived at https://perma.cc/BEL9-D7J6.

[28] Id.

[29] フロン類の使用の合理化及び管理の適正化に関する法律 [Act on Rational Use and  Proper Management of Fluorocarbons], Act No. 64 of 2001, amended by Act No. 39 of 2013, art. 1, http://www.japaneselawtranslation. go.jp/law/detail_main?re=02&ia=03&ph=&vm=02&id=2848, archived at https://perma.cc/2E96-52VL.

[30] Id. art. 2, para. 6.

[31] フロン類の製造業者等向けガイドライン [Guidelines for Fluorocarbons Manufacturers], Ozone Layer Protection Promotion Room, Chemical Substance Management Division, Manufacture and Industry Bureau, METI (July 7, 2015), http://www.meti.go.jp/policy/chemical_management/ozone/furon-gas-guidline20151217.pdf, archived at https://perma.cc/XRR9-6Y4F.

[32] Id.

[33] Fluorocarbons Management Actart. 2, para. 9.

[34] Id. art. 2, paras. 3–5.

[35] Id. art. 16, para. 1.

[36] Id. art. 19.

[37] Id. art. 27.

[38] Id. arts. 37 & 39.

[39] Id. art. 41.

[40] Id. arts. 76 & 78.

[41] Id. art. 50.

[42] Id. art. 58, para. 1.

[43] Id. art. 63, para. 1.

[44] Id. art. 69, paras. 1 & 2.

[45] Id. art. 88.

[46] Id. art. 89.

[47] Id. art. 86.

[48] Id. art. 87.

[49] Id. ch. V, arts. 103–109.

[50] 特定家庭用機器再商品化法 [Specified Home Appliances Recycling Act], Act No. 97 of 1998, amended by Act No. 74 of 2011, art. 18, para. 2; Specified Home Appliances Recycling Act Enforcement Order, Cabinet Order No. 378 of 1998, amended by Cabinet Order No. 81 of 2015, art. 2.

[51] 使用済自動車の再資源化等に関する法律 [Act on Recycling, etc. of End-of-Life Vehicles], Act No. 87 of 2002, amended by Act No. 61 of 2017, art. 11.

[52] Air Pollution Control Act art. 19, para. 1.  

[53] 自動車排出ガスの量の許容限度 [Motor Vehicle Exhaust Emission Standards], MOE Notification No. 1 of 1974, amended by MOE Notification No. 141 of 2006.  An English translation of the chart of the standards is available at https://www.env.go.jp/en/air/aq/mv/table_290628.pdf, archived at https://perma.cc/FYB8-RESJ

[54] 道路運送車両法 [Road Transport Vehicle Act], Act No. 185 of 1951, amended by Act No. 40 of 2017.

[55] Air Pollution Control Act art. 19, para. 2.

[56] 道路運送車両の保安基準 [Safety Standards of the Road Transport Vehicle], Ministry of Transport Ordinance No. 67 of 1951, amended by MLIT Ordinance No. 39 of 2017, art. 31; 道路運送車両の保安基準の細目を定める告示 [Notification Detailing the Safety Standards of the Road Transport Vehicle], MLIT Notification No. 619 of 2002, as amended, arts. 41, 119 & 197.  See also 保安基準等関係基準の各条文検索一覧表 [Chart of Each Article of the Safety Standards and Other Standards], MLIT, at 4, http://www.mlit.go.jp/notice/noticedata/pdf/ 200904/00005130.pdf (last visited Apr. 17, 2018), archived at https://perma.cc/RHV4-KHA7.   

[57] 道路運送車両の保安基準の細目を定める告示 [Notification Detailing the Safety Standards of the Road Transport Vehicle], MLIT Notification No. 619 of 2002, as amended, arts. 41, 119 & 197. 

[58] 自動車から排出される窒素酸化物及び粒子状物質の特定地域における総量の削減等に関する特別措置法 [Act on Special Measures for Total Emission Reduction of Nitrogen Oxides from Automobiles in Specified Areas], Act No. 70 of 1992, amended by Act No. 105 of 2011, art. 1.

[59] Id. arts. 15 & 17.

[60] 自動車 NOx PM法の車種規制 [Regulation by Automobile Models under Automobile NOx/PM Law], MOE, http://www.env.go.jp/air/mat/mat01_02.pdf (last visited Apr. 30, 2018), archived at https://perma.cc/W5PN-SD4X.

[61] Road Transport Vehicle Act art. 62.

[62] NOx PM低減改造認定制度を創設しました [Establishment of NOx PM Reduction Certification System], MLIT (Aug. 23, 2005), http://www.mlit.go.jp/kisha/kisha05/09/090823_.html, archived at https://perma.cc/YX9A-7GDG.

[63] 排出基準 (要約) [Emission Standards (Summary)], MLIT, http://wwwtb.mlit.go.jp/kanto/jidou_gian/ nox_pm/date/standard.pdf (last visited Apr. 30, 2018), archived at https://perma.cc/A7BK-BTS7.

[64] Air Pollution Control Act art. 19-1, para. 1.

[65] 自動車の燃料の性状に関する許容限度及び自動車の燃料に含まれる物質の量の許容限度 [Upper Limit of Conditions of Automobile Fuels and Maximum Limits of Substances Contained] https://www.env.go.jp/ hourei/04/000022.html (last visited Apr. 30, 2018), archived at https://perma.cc/ZHP2-5NHG.

[66] 揮発油等の品質の確保等に関する法律 [Act on Quality Control for Gasoline and Other Fuels], Act No. 88 of 1976, amended by Act No. 69 of 2014, arts. 13 & 17-7, http://www.japaneselawtranslation.go.jp/law/detail_ main?re=02&ia=03&ph=&vm=02&id=2999, archived at https://perma.cc/B6HY-XH2K.

[67] Air Pollution Control Act art. 19-1, para. 2.

[68] 揮発油等の品質の確保等に関する法律施行規則 [Enforcement Ordinance of the Act on Quality Control for Gasoline and Other Fuels], Ministry of International Trade and Industry (MITI) Ordinance No. 24 of 1977, amended by METI Ordinance No. 43 of 2016, arts. 10 & 22.

[69] エネルギーの使用の合理化等に関する法律 [Act on Rationalizing Energy Use], No. 49 of 1979, amended by Act No. 65 of 2015, art. 78, para. 1, http://www.japaneselawtranslation.go.jp/law/detail_main?re=02&ia= 03&ph=&vm=02&id=2857, archived at https://perma.cc/D7XR-ZHL6.

[70] Id. art. 78, para. 1.

[71] “Top Runner Standards refer to standard values established based on the most fuel-efficient vehicles available on the market and in view of the future prospects for technology development.”  New Standards for Fuel Efficiency of Small Freight Vehicles (Top Runner Standards), METI (Mar. 2015), http://www.meti.go.jp/english/press/ 2015/0320_01.html, archived at https://perma.cc/D3JQ-T7AE.  

[72] 乗用自動車のエネルギー消費性能の向上に関するエネルギー消費機器等製造事業者等の判断の基準等 [Standards for Manufacturers of Energy Consumption Machines/Devices Regarding Improvements of Fuel Efficiencies of Passenger Cars], METI∙MLIT Notification No. 11 of 2013 (Dec. 27, 2013), 1-1(3), It, http://www.enecho.meti.go.jp/category/saving_and_new/saving/summary/pdf/top_runner/01toprunner_zyouyouzidousya.pdf, archived at https://perma.cc/4GJK-V2PP.

[73] 乗用自動車のエネルギー消費性能の向上に関するエネルギー消費機器等製造事業者等の判断の基準等 [Standards for Manufacturers of Energy Consumption Machines/Devices Regarding Improvements of Fuel Efficiencies of Passenger Cars], METI∙MLIT Notification No. 11 of 2013 (Dec. 27, 2013), at 1-1(7), http://www.enecho.meti.go.jp/category/saving_and_new/saving/summary/pdf/top_runner/01toprunner_zyouyouzidousya.pdf, archived at https://perma.cc/4GJK-V2PP.

[74] Id.; 貨物自動車のエネルギー消費性能の向上に関するエネルギー消費機器等製造事業者等の判断の基準等 [Standards for Manufacturers of Energy Consumption Machines/Devices Regarding Improvements of Fuel Efficiencies of Trucks], METI MLIT Notification No. 1 of 2015 (July 10, 2015), http://www.mlit.go.jp/common/ 001023499.pdf, archived at https://perma.cc/J25N-HJAZ.

[75] 自動車の燃費基準値 [Fuel Efficiency Standards of Automobiles], MLIT (Mar. 2018), http://www.mlit.go.jp/ common/001225548.pdf, archived at https://perma.cc/NW52-EKBX.  These standards are a part of 自動車燃費一覧(平成303月)[Compendium of Automobile Fuel Efficiencies (Mar. 2018)], MLIT, http://www.mlit. go.jp/jidosha/jidosha_fr10_000035.html, archived at https://perma.cc/T9A5-NLYP.  Charts in English are available on Transport Policy’s website, at https://www.transportpolicy.net/standard/japan-light-duty-fuel-economy/ (last visited May 1, 2018), archived at https://perma.cc/22FH-C72L

[76] Air Pollution Control Act art. 2, para. 1.

[77] Id. art. 5-2, para. 1.

[78] Id. art. 18.

[79] Id. art. 18-3.

[80] Id. art. 18-4.

[81] Id. arts. 6, 10, 17-5, 17-9, 18-6, 18-9, 18-23 & 18-27.

[82] Id.

[83] Id. arts. 9, 17-11, 18-8 & 18-26.

[84] Id. art. 6, para. 2.

[85] Automobile NOx/PM Reduction Act art. 20.  See also 自動車NOx・PM法の改正について [Regarding Amendment of Automobile NOx/PM Reduction Act] § 3, MOE (Dec. 2007), http://www.env.go.jp/air/ car/pamph_kaiseihou/04.pdf, archived at https://perma.cc/Y2WZ-HVUK.  The entire pamphlet is available through http://www.env.go.jp/air/car/pamph_kaiseihou/, archived at https://perma.cc/VU5F-XDNF.

[86] METI, Long-term Energy Supply and Demand Outlook (July 2015), http://www.meti.go.jp/english/ press/2015/pdf/0716_01a.pdf, archived at https://perma.cc/KT96-H9WA.

[87] 電気事業者による再生可能エネルギー電気の調達に関する特別措置法 [Act on Special Measures Concerning Procurement of Electricity from Renewable Energy Sources by Electricity Utilities (FIT Act)], Act No. 108 of 2011, amended by Act No. 59 of 2016, art. 1, http://www.japaneselawtranslation.go.jp/law/detail_main?re= 02&ia=03&ph=&vm=02&id=2573, archived at https://perma.cc/AH6T-9LHJ.  

[88] Id. art. 2, para. 4.

[89] Id. art. 2, para. 5 & art. 16.

[90] Id. arts. 31 & 36.

[91] Id. art. 9, para. 1.

[92] Id. art. 9, para. 3.

[93] FIT発電事業の適正化 [Optimization of FIT Electricity Generation Business], Agency for Natural Resources and Energy (Jan. 24, 2018), http://www.meti.go.jp/committee/sougouenergy/denryoku_gas/ saiseikanou_jisedai/pdf/002_05_00.pdf, archived at https://perma.cc/Q4YG-3VEE.

[94] Id. See also FIT Act (original Act No. 108 of 2011) art. 6, para. 6.

[95] FIT Act art. 9, para. 2, item 5.

[96] Optimization of FIT Electricity Generation Business, supra note 93.

[97] FIT Act art. 3, para. 2.

[98] Id. art. 3, para. 12.

[99] Id. art. 4.

[100] Id. art. 7.

[101] News Release, METI, Agency for Natural Resources and Energy, Settlement of FY 2016 Purchase Prices and FY 2016 Surcharge Rates Under the Feed-In Tariff Scheme for Renewable Energy (Mar. 18, 2016), http://www.meti. go.jp/english/press/2016/0318_03.html, archived at https://perma.cc/LRY3-GB4N.

[102] 買取価格・期間等 (2018年度以降) [Purchase Price Terms, etc. (Fiscal Year 2018 and After)], Agency for Natural Resources and Energy, http://www.enecho.meti.go.jp/category/saving_and_new/saiene/kaitori/fit_ kakaku.html, archived at https://perma.cc/AS4T-RTZ4.

[103] Id.

[104] 農林漁業の健全な発展と調和のとれた再生可能エネルギー電気の発電の促進に関する法律 [Act on Promoting Generation of Electricity from Renewable Energy Sources Harmonized with Sound Development of Agriculture, Forestry and Fisheries], Act No. 81 of 2013, art. 1, http://www.japaneselawtranslation.go.jp/ law/detail_main?re=02&ia=03&ph=&vm=02&id=3036, archived at https://perma.cc/9ZWW-ZBM3See also 農林漁業の健全な発展と調和のとれた再生可能エネルギー電気の発電の促進に関する法律(骨子) [Act on Promoting Generation of Electricity from Renewable Energy Sources Harmonized with Sound Development of Agriculture, Forestry and Fisheries (Outline)], MAFF (Dec. 2013), http://www.maff.go.jp/j/shokusan /renewable/energy/pdf/re_ene3.pdf, archived at https://perma.cc/4WQA-SD7L.

[105] Renewable Energy Generation in Farmland Act art. 4; 農林漁業の健全な発展と調和のとれた再生可能エネルギー電気の発電の促進による農山漁村の活性化に関する基本的な方針 [Basic Policy on Revitalization of Farm, Mountain and Fishery Villages by Promoting Generation of Electricity from Renewable Energy Sources Harmonized with Sound Development of Agriculture, Forestry and Fisheries], MAFF, METI and MOE Notification No. 2 (May 16, 2014), amended by MAFF, METI and MOE Notification No. 3 (May 27, 2016), http://www.maff. go.jp/j/shokusan/renewable/energy/pdf/hoshin.pdf, archived at https://perma.cc/SUF3-QSQ7

[106] Renewable Energy Generation in Farmland Act art. 5.

[107] Id. art. 7.

[108] 農山漁村再生可能エネルギー法Q&A [Renewable Energy in Farm, Mountain Fishery Villages Act Q&A], MAFF, at 1 (Sept. 27, 2016), http://www.maff.go.jp/j/shokusan/renewable/energy/attach/pdf/houritu-2.pdf, archived at https://perma.cc/T8YD-LVSX.

[109] Renewable Energy Generation in Farmland Act arts. 9–15.

[110] 再エネの安定化に役立つ「電力系統用蓄電池」 [“Large-scale Storage Battery” Useful for Stabilization of Renewable Energy], Agency for Natural Resources and Energy (Feb. 27, 2018), http://www.enecho. meti.go.jp/about/special/johoteikyo/keitoyochikudenchi.html, archived at https://perma.cc/MVK3-4YDASee also Kikuo Takagi, Battery Energy Storage Systems for Maximizing Renewable Energy Introduction: Approaches and Cases in Japan (Paper presented at U.S.-Japan Renewable Energy Policy Business Roundtable, Dec. 11, 2013), http://www.enecho.meti.go.jp/notice/event/045/pdf/event045008.pdf, archived at https://perma.cc/LKN5-EHTX.

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Last Updated: 07/09/2018