Problems relating to Trade and Investment on United States

22. Environmental pollution and waste disposal
Issue	Issue details	Requests	Reference

(1) Difficulty in Designating the Disclosure Date of Information concerning Energy Efficiency Report

- Section 429.12 of Title III of the Energy Policy and Conservation Act (EPCA) requires submission to Department of Energy (DOE) of compliance declaration and certification report in regard to the energy efficiency rates before launching into the market any products subject to EPCA. While the data concerning the products prior to marketing are in principle confidential to the disclosing party, EPCA under the current implementation scheme does not allow the disclosing party to designate the date of disclosure of such confidential information. (While confidentiality of certain information may be protected, in case of new products, the disclosing party desires the full information submitted as confidential pending launching into the market of the products in concern. Therefore the disclosing party is unable to seek confidential protection authorized under the regulations.) As a result, it requires a careful timing of when to submit the confidential information, demanding otherwise unnecessary burden upon the disclosing party.

- It is requested that the DOE implements the Act that allows the disclosing party to designate the date of disclosure.

- Title III of the Energy Policy and Conservation Act (EPCA) (42 U.S.C. 6291, et seq.) establishing the Energy Conservation Program for Consumer Products Other than Automobiles, Section 429.12 (without, however, any implementing details written into law.)

(2) Nebulous, Indefinite Emission Standards such as EPA and CARB to control Non-Road Exhaust Emissions

- Emission Standards are ambiguous in details, (defying interpretation by even the native Americans, such as the timing of the change in Exhaust Emission Standards.)
The Exhaust Emission Standards (EES) vary by states. It makes it difficult for the parties in concern to take responsive measures.

- It is requested that GOU:
-- makes the regulation simple and clear, and
-- makes possible the automatic clearance of EES in each state, once the EPA Clearance is granted.

(3) Unconfirmed Contents of the Green Chemistry Regulations

- The Safer Consumer Products Regulations. Of California State, does not specify the targeted consumer products and chemical substance. It is therefore difficult to evaluate in full the degree of impact it gives over the trade.
- In the absence of the details of the subject consumer products and chemical substance, it is difficult to give sufficient evaluation concerning the extent of injurious impact upon international trade.

- It is requested that the GOJ brings the issue to WTO Panel on account of a possible TBT issue, after publication of the decision on the target products and the hazardous substance covered under the Regulation.
- It is requested that the GOU shall decide subject substances based on scientific ground, provide with sufficient time for evaluation and consider confidentiality of enterprises.
- It is requested that GOU:
-- renews its TBT notice after deciding the details of the subject products and substance, and in evaluation of the regulation,
-- ensures selection of the subject substance on scientific basis, and secures requisite time for evaluation, while paying due attention to the protection of corporate confidential information.

- The Safer Consumer Products Regulations California State (OAL File No. 2013-0718-03 S)

(4) Original Recycle Mark (Batteries)	- Legislative provisions have been promulgated in each country and each region throughout for effective use of natural resources and prevention of environmental pollution. It is the same with Batteries. GOU compels provision of the various markings on the Battery itself, and its User's Manual correctly without any mistakes, the administration of which heavily burdens the manufacturers.	- It is requested that the GOJ and the GOU will jointly work toward unification of the Recycle Marking Requirement worldwide.
	(Action) - On 6 August 2014, US Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) promulgated "Federal Register, 49 CFR Parts 171, 172, 173, 175. Hazardous materials: transportation of lithium batteries; Final Rule." This Rule has tightened the control on transport of lithium batteries and cells, over air, sea and land, especially with increased requirements for packages, documents, and markings in transport. Please refer to "PART 173- SHIPPERS-GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS" for details of Label Marking.

(5) Californian State's Stringent Regulations of Chemical Substances	- The Californian State Act "Proposition 65" promulgated in 1986 regulates carcinogenic substance contained in foods and chemical substances, inclusive of numerous substances for which the controlled density remains unspecified so that even the minutest contents that exist in the natural environment can be a subject of litigation. While it is the state law, in light of the large market scale of the State of California, basically, can affect the total business across the entire country. Therefore, it poses a potential threat. - Proposition 65, California's own state regulation, because of its ambiguous basic regulated values, has triggered litigation over a miniscule value of pollutants, becoming a subject of ridicule: "It does not serve for environment protection but has become a lawyers' source of income". - Due to the stringent regulatory control, chemical substance, accepted in other States, is disapproved in California.	- It is requested that the GOU takes steps to have the Californian State Law amended more in line with the reality. - It is requested that State of California (SOC) amends the Regulation. - It is requested that SOC deregulates Proposition 65.	- Proposition65 Safe Drinking Water and Toxic Enforcement Act of 1986 - California Proposition 65
	(Action) - On 6 August 2014, US Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) promulgated "Federal Register, 49 CFR Parts 171, 172, 173, 175. Hazardous Materials: Transportation of Lithium Batteries; Final Rule." This Rule has tightened the control on transport of Lithium Batteries and Cells, over Air, Sea and Land, especially with increased requirements for Packages, Documents, and Markings in transport. Please refer to "PART 173- SHIPPERS-GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS" for details of Label Marking.

(6) Delayed Publication of NSRL

- Proposition 65: In December 2013, Di-isononyl Phthalate (DINP) vinyl chloride resin called DINP has been listed since December 2013 as a substance "known to the State of California to cause cancer". Since December 2014, warning label has become a mandate on vinyl chloride resin containing DINP in excess of the value of No Significant Risk Level (NSRL). It appears there is no possibility to reach the MADSL threshold value proposed by American Chemistry Council (ACC), while ACC has filed complaint on the list prepared by the authority (OEHHA). However, while litigation is pending on the authority's recording, OEHHA has proposed the revised NSRL which is about 1/20 of the ACC's proposal, making the judgement for the possibility of exposure difficult.

- It is requested that OEHHA:
-- publicly discloses without fail NSRL before listing, and
-- shows by example the process to evaluate the possibility for consumers' exposure, or else,
-- specifies the NSRL that triggers warning label requirement.

- Proposition 65

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