FY2019 Report on the Management of Mercury-Containing Recyclable Resources According to the Mercury Pollution Prevention Act I．Overview of the reporting system Article 11 of the Minamata Convention on Mercury (hereinafter referred to as the “Minamata Convention”) requires Parties to take appropriate measures to ensure the environmentally sound management of mercury waste. As a Party to the Minamata Convention, Japan has ensured the environmentally sound management of mercury waste by the Waste Management and Public Cleansing Act (hereinafter referred to as the “Waste Management Act”) and the Act on Preventing Environmental Pollution of Mercury (hereinafter referred to as the “Mercury Pollution Prevention Act”). Mercury waste that is not defined as “waste” under the Waste Management Act, such as substances or objects consisting of, containing, or contaminated with mercury or mercury from which valuable materials are recovered, is regulated as “mercury-containing recyclable resources” under the Mercury Pollution Prevention Act. i. Mercury-containing recyclable resources “Mercury-containing recyclable resources” are defined as resources that contain mercury or mercury compounds in a concentration not less than the standards indicated in the Ordinance of the Competent Ministry, and that are intended for resource recovery, recycling reclamation, direct re-use or alternative uses. “mercury- containing recyclable resources” do not cover wastes defined under the Waste Management Act, radioactive materials and wastes contaminated by radioactive materials. Mercury concentration standards The standards on mercury concentration for substances or objects consisting of, containing, or contaminated with mercury or mercury from which valuable materials are recovered to be categorized as “mercury- containing recyclable resources” are indicated in the ordinance prescribing the requirements of paragraph 2, Article 2 of the Mercury Pollution Prevention Act (Ministry of Economy, Trade and Industry, and Ministry of the Environment, Ordinance No. 10 of 2015) (Revised: Ministry of Economy, Trade and Industry, and Ministry of the Environment, Ordinance No. 6 of 2018)1. For example, substances containing not less than 0.1% by weight of mercury or mercury (I) chloride, and substances containing not less than 1% by weight of mercury nucleate or mercury (I) acetate are designated as “mercury-containing recyclable resources”. 1 Until Sep. 30, 2018, the requirement on the mercury concentration was regulated under article 2-1-1(i) of the “Act on Control of Export, Import and Others of Specified Hazardous Wastes and Other Wastes (Ministry of Environment, Ministry of Health, Labour and Welfare, and Ministry of Economy, Trade and Industry, Ordinance No.1 of Nov. 6, 1998)”. After Oct. 1, 2018, the same revision is stated under “Ministerial Ordinance that Specifies the Requirement on Article 2, para 2 of the Act on Preventing Environmental Pollution on Mercury (Ministry of Economy, Trade and Industry, and Ministry of Environment, Ordinance No.10 of 2015) (Revised: Ministry of Economy, Trade and Industry, and Ministry of the Environment, Ordinance No. 6 of 2018)”. Therefore, there are no change to the requirements for mercury concentration. 1 1. Those containing 0.1% or more of the following substances by weight: Mercury, Mercuric Benzoate, Ethylmercuric chloride, Mercury (I) chloride, Mercury(II) chloride, Mercury (II) ammonium chloride, Methylmercuric chloride, Mercury (II) oxycyanide, Mercury oleate , Mercury gluconate, Mercury (II) acetate, Mercury salicylate, Mercury (II) oxide, Mercury (II) cyanide, Mercuric potassium cyanide, Diethylmercury, Dimethylmercury, Mercury (II) bromide, Mercury (I) nitrate, Mercury (II) nitrate, Hydroxyphenylmercury, Mercury (II) thiocynate, Mercuric arsenate, Mercury potassium iodide, Mercury fulminate, Mercury (II) sulfide, Mercury (I) sulfate, Mercury (II) sulphate 2. Those containing 1% or more of the following substances by weight: Mercury nucleate, Mercury (I) acetate, Phenylmercury acetate, Phenylmercury nitrate, Thimerosal 3. Those containing mercury compounds other than mercury compounds listed in the item 1 and 2. 4. Those exported or imported intended for the disposal operations D1 to D4 listed in Annex IV A or R10 listed in Annex IV B of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, among which fall under the following: i. Those in a solid state which do not meet the environmental conditions listed in the attached table of Notification No. 46 (Environmental quality standards for contamination of soil) of the Environment Agency of 1991 (limited to total mercury or alkyl mercury). ii. Those in a liquid state which fall into the conditions provided under paragraph 2, Article 6 of the Water Pollution Prevention Act Enforcement Regulation (Prime Minister’s Office and Ordinance of the Ministry of International Trade and Industry, Ordinance No. 2 of 1971) (limited to mercury, alkyl mercury, other mercury compounds or alkyl mercury compounds). 5. Those exported or imported intended for disposal operation not listed in the preceding item, among which fall into the followings: i. Those in a solid state which do not meet the standard listed in the attached table 3 of Ministerial Ordinance on Standards for Verification concerning Industrial Wastes containing Metals, etc. (Prime Minister’s Office, Ordinance No. 5 of 1973) (limited to alkyl mercury compounds and mercury or other compounds). ii. Those in a liquid state which do not meet the standard listed in the attached table 1 of Ministerial Ordinance on Effluent Standards (Ordinance No. 35 of Prime Minister’s Office of 1971) (limited to mercury, alkyl mercury, other mercury compounds as well as alkyl mercury compounds). ii. Manager of mercury-containing recyclable resources The “Manager of Mercury-Containing Recyclable Resources” is a person who possesses the ownership of mercury-containing recyclable resources and conducts the storage, transportation or disposal operation (e.g., recycling) of such resources. Even if an owner of mercury-containing recyclable resources outsources its management to another person, the ownership remains to the person who outsourced the management (still regarded as a "manager of mercury-containing recyclable resources"). 2 iii. Environmentally sound management of mercury-containing recyclable resources Mercury-containing recyclable resources need to be managed in an environmentally sound manner in accordance with the “Technical Guidelines on Measures to be Taken to Prevent Environmental Pollution from the Management of Mercury-Containing Recyclable Resources2” (hereinafter referred to as the “Guidelines on Management of Mercury-Containing Recyclable Resources”) pursuant to Article 23 of the Mercury Pollution Prevention Act. The following are examples of the measures that are required to be taken: - Storing in containers that would not disperse or leak mercury-containing recyclable resources; - Labeling the type of mercury-containing recyclable resources on containers and displaying it at storage sites; - Securing storage sites with locks or other means; and - Providing information (when outsourcing the storage, transportation or treatment and transferring the resources). iv. Report on the management of mercury-containing recyclable resources The manager of mercury-containing recyclable resources is required to periodically report the management status of those resources pursuant to Article 24 of the Mercury Pollution Prevention Act. The applicable business operator must prepare a report in a designated format per business place every fiscal year and submit it to the national government (the Competent Minister for the business) by the end of June of the following fiscal year. Figure 1 shows an example of how to fill in the format on the management of mercury-containing recyclable resources. It should be noted that a maximum of 300,000 yen would be fined to the manager if they did not submit a report or provide correct information. 2 Public Notice of the Ministry of Internal Affairs and Communications, Ministry of Finance, Ministry of Education, Culture, Sports, Science and Technology, Ministry of Health, Labour and Welfare, Ministry of Agriculture, Forestry and Fisheries, Ministry of Economy, Trade and Industry, Ministry of Land, Infrastructure, Transport and Tourism, Ministry of the Environment, and Ministry of Defense No. 1 of 2015. 3 Type of mercury-containing recyclable resources (Flue gas treatment sludge from the copper smelting) Management status of mercury-containing recyclable resources in the previous fiscal year i) Amount managed at 2,000 kg Wet/Dry the beginning of the fiscal year ii) Amount generated 10,000 kg Sum of ii) and iii): ix iii) Amount received 0 kg kg kg Transferor’s name and address (for corporation, name & representative 10,000 kg name) Name and address of business place iv) Amount transferred 0 kg kg kg Sum of iv) and v): x Purpose of transfer (usage for transferee) Transferee’s name and address (for corporation, 9,000 kg its name & representative name) Name & address of business place v) Amount disposed 9,000 kg kg kg Type & purpose of Recycling or recovery of metals disposal operation (usage & metal compounds (the contractor recovers mercury, and of substances obtained the reporter uses residue as raw from disposal operation) materials for non-ferrous metal smelting) vi) Amount turned into 0 kg waste vii) Amount outsourced Storage：9,000 kg for storage, Transportation：9,000