Law No. 70 of 1992
Article 1
(Purpose)
In consideration of the problem of air pollution brought about by nitrogen oxides emitted from automobiles, the purpose of this law is to clarify the responsibilities of the national government, local government, enterprises, and citizens towards preventing such pollution. At the same time, with regard to specific areas in which such pollution is most severe, the law also sets forth the fundamental policies and plans for reducing the total volume of automobile emitted nitrogen oxide, establishes nitrogen oxides emission standards for specific automobiles which are registered in those areas, and employs necessary measures for restricting the amount of nitrogen oxides emissions resulting from use of automobiles for business activities, in order to achieve environmental quality standards for air pollution caused by nitrogen dioxide, combined with the measures based on the Air Pollution Control Law (Law No.97 of 1968) and others and therefore protect the health of the citizens and provide a secure living environment.
Article 2
(Definitions)
For the purposes of this law, "automobiles" are defined as those motor vehicles
(excluding large and small sized special vehicles) set forth in Article 2,
Paragraph 2 of the Road Vehicles Act (Law No. 185 of 1951).
2. For the purposes of this law, "automobile emitted nitrogen oxides" are
defined as nitrogen oxides which are emitted into the air during the operation
of automobiles.
Article 3
(Obligations of the national and local government)
The national government shall be charged with establishing and carrying out
basic and comprehensive measures related to the prevention of air pollution
resulting from automobile emitted nitrogen oxides (including measures relating
to automobile emitted nitrogen oxides based on the provisions of chapter3, 4,
and 5 of the Air Pollution Control Law). At the same time, national government
is required to make every effort to provide advice and any other means which are
necessary to promote the carrying out of the measures adopted by local
government to prevent air pollution caused by automobile emitted nitrogen
oxides.
2. Local government must make every effort to enforce the measures regarding
prevention of air pollution caused by automobile emitted nitrogen oxides, which
are enacted in correspondence with the environmental and social conditions of
each individual area.
Article 4
(Obligations of enterprises)
Enterprises must with regard to their automobile for their business activities,
make every effort to curb the output of nitrogen oxides emissions from such
vehicles, through rationalization of automobile use and any other means
necessary, and cooperate in the measures to prevent air pollution caused by
automobile emitted nitrogen oxides which are implemented by national and local
government.
2. Enterprises engaged in the manufacturing and/or sale of automobiles are
required to make every effort in the course of manufacturing and/or sale the
relevant automobiles to prevent air pollution caused by automobile emitted
nitrogen oxides which are released when automobiles are operated.
Article 5
(Obligations of citizens)
Citizens are required, in driving or operating automobiles, or in using public transportation, to make every effort to curb the output of automobile emitted nitrogen oxides, and at the same time to cooperate in measures enacted by national and local government to prevent air pollution caused by automobile emitted nitrogen oxides.
Article 6
(Fundamental policy for total volume reduction)
The national government shall establish a fundamental policy regarding the
reduction of the total volume of automobile emitted nitrogen oxides (herein
after called "fundamental policy for total volume reduction") for specified
areas designated by Cabinet Order, where automobile transportation is so
concentrated that the emission standards under Article 3, Paragraph 1 or 3, or
Article 4, Paragraph 1 of the Air Pollution Control Law, and/or the total mass
emission control standards under Article 5-2, Paragraphs 1 or 3 of the same law,
and the measures stipulated under Article 19 of the same law alone are not
sufficient to preserve the standards regarding environmental conditions related
to air pollution (Only with regards to nitrogen dioxide. Called "air quality
standards regarding nitrogen dioxide" in Paragraph 2 number 3 of the next
Article.) as stipulated in Article 9, Paragraph 1 of the Basic Law for
Environmental Pollution Control (Law No. 132 of 1967) ()such areas hereinafter
called "specified areas").
2. The following matters shall be stipulated within the fundamental policy to
reduce the total volume of emissions:
1. Targets regarding the reduction of the total volume of automobile emitted
nitrogen oxides in specified areas
2. Fundamental matters relating to the formulation of the emission reduction
plans mentioned in Paragraph 1 of the following Article and such other measures
to reduce the total volume of automobile emitted nitrogen oxides in specified
areas
3. Any other important matters in addition to matters mentioned in 2. above
which relate to the reduction of the total volume of automobile emitted nitrogen
oxides in specified areas
3. Prefectures can, if they include certain areas recognized as meeting the
conditions of the areas designated by Cabinet Order under Paragraph 1, offer the
Prime Minister to draft the Cabinet Order which stipulates the specific areas
mentioned in the same Paragraph.
4. The Prime Minister must hear the opinions of the concerned prefectures when
drafting the implementation, revision, or abolition of the Cabinet Order
designating the areas described in Paragraph 1.
5. The Prime Minister must draw up a proposal for fundamental policy for total
volume reduction, and submit it to the cabinet for a determination.
6. The Prime Minister must, when drawing up such proposal for the fundamental
policy for total volume reduction, consult in advance with the ministers charged
with the affairs related to the measures prescribed in Paragraph 2, number 2, as
well as hearing the opinions of the concerned prefectures.
7. The Prime Minister shall, without delay, notify the governors of the
concerned prefectures of the fundamental policy when a determination is reached
by the cabinet as stipulated in Paragraph 5 above.
8. The provision of last 3 paragraphs shall apply correspondingly to revisions
of the fundamental policy for total volume reduction.
Article 7
(Total volume reduction plans)
Prefectural governors in the specified areas must formulate plans regarding
measures which should be implemented in order to reduce the total volume of
automobile emitted nitrogen oxides within the relevant specified areas
(hereinafter called "total volume reduction plans"), based on the fundamental
policy for total volume reduction.
2. Total volume reduction plans shall stipulate the matters prescribed in 4. and
5. according to the stipulations of a Cabinet Order, with regard to the relevant
specified areas, aiming at reducing the total volume mentioned in number 1. to
the total volume mentioned in number 3., giving consideration to the ratio of
the total volume of 2. to that of 1., the present and forecasted volume of
automobile traffic and trends of both automobile emitted nitrogen oxides and
nitrogen oxides emissions from sources other than automobiles.
1. Total volume of nitrogen oxides produced and emitted into the air as a result
of business activities and any other human activities within the relevant
specified area
2. Total volume of automobile emitted nitrogen oxides within the relevant
specified area
3. Total volume assessed by order of the Prime Minister's Office concerning
nitrogen oxides produced and emitted into the air as a result of business
activities and any other human activities within the relevant specified area,
taking into consideration the air quality standards relating to nitrogen
dioxide.
4. Reduction target with regard to the total volume mentioned in 2. (includes
intermediate reduction targets when they will be established)
5. Time period and methods for accomplishing the plan
3. The prefectural governors must, in setting forth their total volume reduction
plans, hear the opinion of the council for forming total volume reduction plan,
as well as obtain approval from the Prime Minister.
4. The Prime Minister must, in granting the approval mentioned in the previous
paragraph, put the matter before an environmental pollution countermeasures
strategy meeting for deliberation.
5. The prefectural governors must publicly announce all matters prescribed in
each item of Paragraph 2 when setting forth the emissions reduction plans.
6. The provision of last 3 paragraphs shall apply correspondingly to revisions
of the emissions reduction plans.
Article 8
(Council for formulating total volume reduction plan)
In prefectures which include wholly or partially the specified areas, when such
specified areas are stipulated under the provisions of Article 6, Paragraph 1,
council for formulating total volume reduction plan (hereinafter in this Article
called "the council") shall be established for the purpose of studying and
deliberating matters to be included in the total volume reduction plan.
2. The council shall be composed of the prefectural governor, prefectural public
safety commission, related municipalities (including special wards), related
local administrative organs, and related road operators. The general affairs of
the council shall be managed in the prefecture which is under the control of the
relevant governor.
3. Necessary matters in addition to those specified above, concerning the
organization and operation of the council, shall be governed by the applicable
regulations of the prefecture.
Article 9
(Promotion of total volume reduction plans achievement)
National and local government shall make every effort to implement the necessary measures to achieve the total volume reduction plans.
Article 10
(Specified vehicles emission standards)
Regarding automobiles which are stipulated by Cabinet Order as being a primary
cause of air pollution in specified areas due to their automobile emitted
nitrogen oxides when in use, and are registered in specified areas (called
"specified vehicles" in the following Paragraph), the Prime Minister must,
through an order of the Prime Minister's Office, establish standards related to
the emission of nitrogen oxides (hereinafter called "specified vehicles emission
standards"), giving consideration to vehicle categories, the state of automobile
emitted nitrogen oxides from each vehicle category in specified areas, etc.
2. Specified vehicles emission standards shall, with regard to the volume of
automobile emitted nitrogen oxides produced and released into the air through
the operation of specified vehicles under specific conditions, be fixed as
permissible limits for each gross vehicle weight (defined as gross vehicle
weight mentioned in Article 40, number 3 of the Road Vehicles Act)
classification of specified vehicles, which classifications shall be prescribed
by order of the Prime Minister's Office.
3. The Prime Minister must, in implementing the specified vehicles emission
standards, hear the opinions of prefectures which are composed either entirely
or in part of the specified areas. The same condition also applies in cases
where such standards are being revised or altered.
Article 11
(Transitional measures)
With regard to vehicles which are stipulated under the Cabinet Order of
Paragraph 1 of the previous Article (hereinafter within this paragraph called
"designated vehicles") which continue to be registered and used within a
specified area by a person or persons who are actually using the vehicles within
a specified area when the area is designated as a specified area and/or a person
or persons who are actually using the vehicles within a specified area when the
vehicles are designated as designated vehicles the specified vehicles emission
standards shall not be applied for a period of time stipulated by Cabinet Order,
corresponding to classifications of automobile type and age (defined as the
period of time from the date the automobile was first available for operation
according to the provisions of Article 4 of the Road Vehicles Act, to the date
the area is designated as a specified area, and/or the vehicle is designated as
a designated vehicle) stipulated by Cabinet Order.
2. The Prime Minister must hear the opinions of the concerned prefectures at the
time of drafting the enactment, revision, or abolition of Cabinet Orders which
stipulate the classifications and/or time periods mentioned in the previous
paragraph.
Article 12
(Directives based on the Road Vehicles Act related to specified vehicles
emission standards)
The Minister of Transport shall be required to issue directives based on the Road Vehicles Act, considering the specified vehicles emission standards to be guaranteed, in order to advance the prevention of air pollution caused by automobile emitted nitrogen oxides.
Article 13
(Guidelines for enterprises)
As a means of controlling air pollution due to automobile emitted nitrogen
oxides in specified areas, ministers having jurisdiction over manufacturing,
transport, and other industries (hereinafter in this Article called "ministers
with business jurisdictions") can, establish guidelines for persons and/or
enterprises conducting business within their jurisdiction to control the output
of automobile emitted nitrogen oxides through promoting rationalization or other
necessary measures concerning the use of automobiles for business activities.
2. The minister of Environment Agency can present opinions to the ministers with
business jurisdictions concerning the guidelines mentioned in the previous
paragraph, when determined as necessary in order to curb the output of
automobile emitted nitrogen oxides in specified areas.
3. In reference to the guidelines mentioned in paragraph 1 Ministers with
business jurisdictions can provide necessary instruction and advice to the
persons and/or enterprises engaged in the business within their jurisdiction
regarding the control of automobile omitted nitrogen oxides through
rationalization and other necessary measures concerning the use of automobiles
for business activities when determined as necessary in order to curb the output
of automobile emitted nitrogen oxides in specified areas.
4. The Minister of Environment Agency can, request the ministers with business
jurisdictions to provide the instruction and advice stipulated in the last
paragraph, when determined as necessary in order to curb the output of
automobile emitted nitrogen oxides in specified areas.
5. When the instruction and advice stipulated in Paragraph 3 is judged as being
necessary in order to curb the output of automobile emitted nitrogen oxides in
specified areas, the relevant prefectures which are wholly or partially
comprised of the specified areas can ask the Minister of Environment Agency to
make the request mentioned in the last paragraph.
Article 14
(Requests for submission of documents, etc.)
The Minister of Environment Agency can, request the governors of the concerned
local government to submit necessary documents and/or provide explanations when
recognized as necessary in order to achieve the aims of this law.
2. Prefectures can, request the governors of concerned governmental institutions
and local government as well as related road operators, for sending of necessary
documents or other cooperation, and can also express their opinions to such
parties concerning the prevention of air pollution caused by automobile emitted
nitrogen oxides.
Article 15
(Governmental Aid)
The national government shall strive to provide the necessary financial aid, technical assistance, and other support in order to promote the development and use of electric automobiles (defined as automobiles which use only electricity as an energy source) or other automobiles which do not emit nitrogen oxides at all or whose emissions of such are of tolerably small amounts during operation, as well as to promote the conversion to automobiles which emit smaller amounts of nitrogen oxides.
Article 16
(Transitional measures)
When directives are instituted, revised, or abolished based on the provisions of this law, transitional measures can be enacted on the directives, to the extent of being judged as rationally necessary.
Chapter I APPENDIX
(Date of enforcement)
1. This law shall be enforced on a date stipulated by Cabinet Order, which can't exceed six (6) months from the date of its official promulgation. Notwithstanding, provisions under Article 6, Paragraphs 3, 4, 5 (limited to portions relating to the drafting of the fundamental policy for total volume reduction), and 6, as well as Paragraphs 2, 3, and 4 of this Appendix shall be enforced on the date of official promulgation, and provisions under Article 10 (excluding Paragraph 3), Article 11, Paragraph 1, and Article 12 shall be enforced on a date stipulated by Cabinet Order, which can't exceed eighteen (18) months from the date of official promulgation.
(Partial revision of the Environment Agency Establishment Law)
2. Portions of
the Environment Agency Establishment Law (Law No. 88 of 1971) shall be revised
as follows.
The phrase reading "... and the studded tires regulation law (Law No. 55 of
1990)n Article 4, Paragraph 14 shall be revised to read "..., the studded tires
regulation law (Law No. 55 of 1990), and The Law Concerning Special Measures for
Total Emission Reduction of Nitrogen Oxides from automobiles in Specified Area
(Law No. 70 of 1992)
(Partial Revision of the Ministry of Agriculture, Forestry, and Fishery Establishment Law)
3. Portions of the Ministry of Agriculture, Forestry, and
Fishery Establishment Law (Law No. 153 of 1949) shall be revised as follows.
The phrase reading "the next item" in Article 4, number 79 shall be revised to
read "number 80", and the following item shall be inserted immediately after
item number 79.
No. 79-2: To manage the affairs included in the jurisdiction of matters
concerning the enforcement of the Law Concerning Special Measures for Total
Emission Reduction Nitrogen Oxides from Automobiles in Specified Areas (Law No.
70 of 1992).
(Partial Revision of the Ministry of International Trade and Industry Establishment Law)
4. Portions of the Ministry of International Trade and
Industry Establishment Law (Law No. 275 of 1952) shall be revised as follows.
Number 44 of Article 4 shall be renumbered as number 43-2, and the following
item shall be inserted immediately after item 43-2.
No. 44: Matters related to the enforcement of the Law Concerning Special
Measures for Total Emission Reduction of Nitrogen Oxides from Automobiles in
Specified Areas (Law No. 70 of 1992).
The phrase "number 44" in Article 4, Number 56 shall be revised to read "number
43-2".
The phrase "numbers 43 and 44" in Article 19 shall be revised to read "numbers
43 through 44".