JP Air Pollution Control Act — Structural and Emission Standards for Soot and Smoke Facilities and General Dust Facilities
ENFORCEMENT TIMELINE
Enacted 1968 (continuously applied under the latest emission standards and measurement and record-keeping obligations)
Overview
Under the Air Pollution Control Act, facilities installed at factories and business sites that emit soot and smoke, such as boilers, heating furnaces, and incinerators, and general dust-generating facilities, such as coke ovens and conveyors, are subject to strict regulation of harmful substances including sulfur oxides (SOx), nitrogen oxides (NOx), soot and dust, and hydrogen chloride. Businesses that install covered facilities are legally required to submit advance notification to the prefectural government, comply with emission standards, and regularly measure and keep records of their emission levels.
Enforcement Timeline
1968: The Air Pollution Control Act is enacted.
1970 (the "Pollution Diet"): Emission standards are unified nationwide, and prefectures are given the authority to set stricter local standards.
1974: A total emission control system for sulfur oxides is introduced.
1981: A total emission control system for nitrogen oxides (NOx) is introduced.
Ongoing: Emission standards are periodically tightened, and digitalization of measurement and record-keeping obligations continues to advance.
Business Impact
Emitting soot and smoke in violation of the emission standards can result in direct criminal penalties, up to six months' imprisonment or a fine of up to 500,000 yen, without going through an administrative corrective order first. Managers of soot and smoke facilities are required to measure emission concentrations at least twice a year, depending on the facility's scale and the substances involved, and to keep the records for three years; false records or failure to measure carry a fine of up to 300,000 yen and the risk of an order to suspend operations. Businesses also face ongoing compliance costs for high-performance desulfurization, denitrification, and dust collection equipment needed to meet stricter local "add-on" emission standards set by local ordinances or to stay within the allowable total emissions in areas subject to total emission controls.