A book titled “How to Address Environmental Regulations and Legal Risks, Learned from Case Studies” written by Kenji Sarukura was published. (Dai-ichi Hoki Co., Ltd., November 15, 2024)
https://www.daiichihoki.co.jp/store/products/detail/104980.html
[Table of Contents]
Introduction
I. Special characteristics of recent environmental regulations
II. Purport of this book
Chapter 1 Situations where risk arises and the burden involved
I. Summary of risks pertaining to a violation of environmental regulations
1. Risks to businesses pertaining to the violation of environmental regulations
COLUMN 1: Succession of contamination liability through real estate/M&A transactions
2. Risks to individual officers pertaining to a violation of environmental regulations
II. Burden and practical risks of addressing authorities and regulations
1. Municipal ordinances that are different from national laws and regulations
2. Addressing newly enacted or frequently amended laws, regulations and ordinances
3. Broad discretion of environmental authorities and difficulty in predicting their decisions
COLUMN 2: Requirements of permissions of, and/or registration with, authorities when starting a new business
4. Risks of and considerations for reporting to the authorities and the public when a violation of environmental laws is discovered
5. Relationship with neighborhood residents and risk communication
III. Risk of disputes involved in the acquisition of real property through real estate/M&A transactions
1. Dispute with adjacent landowners due to contamination spread from a factory
2. Dispute resulting from discovery of soil contamination/waste after the conclusion of a real estate/M&A transaction
3. Discovery of soil contamination with regulated substances in the acquired land
4. Discovery of soil contamination with unregulated substances, etc., in the acquired land/building
COLUMN 3: PFAS
5. Discovery of underground obstacles/oil contamination in the acquired land
IV. Risk of disputes involved in the lease of real property for business
1. Health damage to tenants/users of a leased building
2. Discovery of underground installation after the return of leased land
3. Leaving underground pillars/structures upon returning leased land
Chapter 2 Points to note regarding environmental regulations in various business scenes and related risks
I. Points to note when establishing a new business office/factory and related risks
1. When an environmental impact assessment is required for establishing a large-scale facility (Environmental Impact Assessment Act)
2. When a restriction on the size of a factory site is imposed to protect the environment (Factory Location Act)
3. When notification, etc., is required to establish a specified facility or develop a regulated area
II. Points to note when environmental contamination issues occur during the operation of a factory, etc., and related risks
1. When establishing a facility with a large pollution burden (Pollution Control Managers Act)
2. Regulations to prevent dispersion of soot, smoke, particulates, etc. (Air Pollution Control Act)
3. When soot, smoke, etc., is dispersed from a factory (Air Pollution Control Act)
4. When asbestos or other particulates are dispersed due to operation of a factory or demolition of a building (Air Pollution Control Act)
COLUMN 4: Various laws, regulations, etc., governing asbestos exposure
5. When regulations on soot, smoke, particulates, etc., are required by ordinances (Air Pollution Control Act)
6. When polluted water is discharged into public waters or infiltrated and dispersed into the ground (Water Pollution Prevention Act)
7. When a factory discharges water using sewers (Sewerage Act)
8. Regulations governing soil contamination on the site (Soil Contamination Countermeasures Act)
9. When excavating soil in a large area for building a new factory on the site (Soil Contamination Countermeasures Act)
COLUMN 5: Persons responsible for investigating and reporting soil contamination
10. When soil contamination is found on the site (Soil Contamination Countermeasures Act)
11. When a factory emits an offensive odor (Offensive Odor Control Act)
12. When the noise from an active factory increases (Noise Regulation Act)
13. When the vibrations from an active factory increases (Vibration Regulation Act)
III. Points to note regarding the regulations for protecting employees from various hazards and related risks
1. When using boilers, machinery, chemical substances, etc., in the workplace (Industrial Safety and Health Act)
2. When owning and/or managing a hazardous materials storage facility (Fire Service Act)
3. When handling high-pressure gases (High Pressure Gas Safety Act)
IV. Points to note when using/storing chemical substances for manufacturing goods and related risks
1. Regulations on screening, notification, etc., for manufacturing/importing chemical substances (Chemical Substances Evaluation Act)
2. When manufacturing/importing existing chemical substances (Chemical Substances Evaluation Act)
COLUMN 6: Major chemical substances regulations in overseas countries (EU)
3. When manufacturing/importing new chemical substances (Chemical Substances Evaluation Act)
4. Regulations on notification of release amount/relocated amount of chemical substances (Specified Chemical Substances Management Act)
5. When notification of release amount/relocated amount of chemical substances is required (Specified Chemical Substances Management Act)
6. When information disclosure is required for assigning/providing chemical substances (Specified Chemical Substances Management Act)
7. When handling or selling poisonous or deleterious substances (Poisonous and Deleterious Substances Control Act)
V. Points to note when using energy or generating greenhouse gases and related risks
1. When efforts to reduce energy use are required (Energy Saving Act)
2. When periodic reporting of the use of energy is required (Energy Saving Act)
COLUMN 7: Company rating system
3. When periodic reporting of the amount of greenhouse gas emissions is required (Global Warming Countermeasures Act)
4. When reduction and reporting of the amount of greenhouse gas emissions are required by ordinance (Tokyo Metropolitan Government Environmental Security Ordinance)
5. Regulations on leakage of fluorocarbons from products (Fluorocarbons Emission Control Act)
6. When periodic reporting of the amount of fluorocarbons emissions is required (Fluorocarbons Emission Control Act)
VI. Points to note when processing/recycling industrial waste and related risks
1. Regulations on waste generated from business activities (Waste Cleaning Act)
2. When delegating transportation/processing of industrial waste to licensed operators (Waste Cleaning Act)
COLUMN 8: Blanket processing/delegation of waste disposal by group companies
3. When reusing by-products from manufacturing as raw materials of other products (Waste Cleaning Act)
4. When storing the company’s industrial waste on its site (Waste Cleaning Act)
5. When periodic reporting of the management of large amounts of waste is required (Waste Cleaning Act)
6. When using PCB-containing products (such as capacitors) (Act on Special Measures concerning Promotion of Proper Treatment of PCB Wastes)
7. Regulations on rationalization of provision, discharge, etc., of products containing specific plastic (Plastic Resource Circulation Act)
COLUMN 9: Background to the enactment of the Plastic Resource Circulation Act
8. When disclosure of rationalization measures/outcome of efforts is required at the time of selling/providing products containing plastic (Plastic Resource Circulation Act)
9. When disclosure of rationalization measures/outcome of efforts is required at the time of discharging/recycling products containing plastic (Plastic Resource Circulation Act)
10. When inhibition, recycling or reduction of food waste or reporting of the amount of produced waste is required (Food Recycling Act)
COLUMN 10: Registered recycling business/recycling business plan certification system
11. When it is required to rationalize the use and recycling of waste containers and packaging and to report the amount of use thereof (Containers and Packaging Recycling Act)
COLUMN 11: Rationalized operation of the Waste Cleaning Act in Tokyo
VII. Points to note when reducing greenhouse gas emissions as part of the SDG/ESG efforts and related risks
1. SDG/ESG efforts and Antimonopoly Act
2. Refusing transactions for the purpose of reducing greenhouse gas emissions
3. Restricting distribution channels for the purpose of reducing greenhouse gas emissions
4. Changing product specifications and maintaining the current prices for the purpose of reducing greenhouse gas emissions
5. Administering voluntary standards for the purpose of reducing greenhouse gas emissions
VIII. Points to note when closing a business location/factory and related risks
1. When notification and other procedures are required for closing/discontinuing a factory
Chapter 3 Key Points for Preventing Environmental Pollution/Regulatory Infringement
I. Necessity to prevent environmental pollution/regulatory infringement
II. Reviewing office manuals/guidelines
III. Reviewing compliance systems using ISO14001, etc.
IV. Reviewing whistleblowing systems for promptly discovering misconduct