The cause of the tap water contamination in Kibichuo Town was PFOA-containing activated carbon managed by Man-ei Industry, a local activated carbon recycling company.

However, even after the cause was identified, the national, prefectural and town governments have been pressuring each other to take action. They have not even made the name of Man-ei Industry public. The company that delivered the PFOA-containing activated carbon to Man-ei Industry remains unknown.

Why is this?

There was a loophole in the law.

Kawahira Dam in Kibichuo Town where high concentrations of PFOA were detected (Photo by Nanami Nakagawa on February 7, 2024)

PFOA, which has been decided to be abolished, is “waste”

The cause of the water contamination was activated carbon containing PFOA. Approximately 580 Flexible Intermediate Bulk Containers (FIBC) were left by Man-ei Industry in the town-owned “property ward” near the water source.

The period is 15 years, from 2008 to 2023. As a result of exposure to rain and wind, the FIBC became tattered. They had to be replaced with new bags when they were transported out of the property ward. PFOA had leaked from the activated carbon and mixed into the raw water.

This is a man-made disaster caused by the failure to properly dispose of PFOA. Both the company that handed the PFOA to Man-ei Industry without ensuring that it had been disposed of and Man-ei Industry bear responsibility.

In 2006, the U.S. Environmental Protection Agency (EPA) called on manufacturers to completely phase out PFOA by 2015. In 2019, it was recognized as the most toxic and persistent chemical substance under the Stockholm Convention, and a decision was made to phase it out. Japan has also ratified this convention, and in 2021 the Ministry of Economy, Trade and Industry banned the manufacture and import of PFOA.

PFOA is a “waste” in and of itself.

How is PFOA-containing activated carbon a “material”?

Under the Waste Disposal Act, when a company generates waste, it is obligated to report the entire process until it is completely disposed of to the prefecture. The system is such that the government keeps track of everyone from the source of waste to the final disposal party, including the transporter, and if any company does not dispose of the waste properly, they will be subject to penalties in accordance with the Waste Management Act.

However, Okayama Prefecture did not take action against the company that generated the waste and Man-ei Industry in accordance with the Waste Management Act.

The prefecture considered the PFOA-containing activated carbon that Man-ei Industry had left lying around to be a “material.” They focused on the activated carbon that contained PFOA, not on PFOA itself. PFOA is useless garbage, but the activated carbon still has value.

The Ministry of the Environment is in line with the prefecture’s decision.

When I interviewed the Waste Regulation Division in December 2023, the person in charge just kept repeating, “As long as Okayama Prefecture judges it to be a material, it is outside of our jurisdiction.” At the House of Representatives Budget Committee on February 8, 2024, Environment Minister Shintaro Ito indicated his intention to leave the response to the prefecture.

The prefecture’s reaction after the Minister of the Environment’s response

Okayama Prefecture was handed the ball by the Ministry of the Environment. On February 20th, less than two weeks after the Minister of the Environment’s response in the Diet, the prefecture made a decision.

The PFOA-containing activated carbon that Man-ei Industry had been neglecting was now recognized as “waste” rather than “material.” This was a complete turnaround.

This decision is significant because the government did not pursue responsibility for Man-ei Industry, nor did it attempt to identify the company that handed over PFOA to the company, on the grounds that it was a “material.”

If it is recognized as waste, guidance and disposal will be imposed in accordance with the Waste Disposal Act. The responsibility will be clarified, and the situation will move forward quickly. Tansa interviewed officials of Okayama Prefecture.

The two officials who participated in the interview were from the Recycling-Based Society Promotion Division, which is responsible for waste management administration.

Section Chief　Tatsuya Domoto

 

Industrial Waste Group Chief Manager　Yosuke Tada

When asked why they changed the category from “material” to “waste,” they replied:

“The main reason was that it wasn’t properly managed. Also, the activated carbon itself was not in a good condition to be regenerated.”

“Man-ei Industry maintained until the very end that it could be restored, but it was clear that the company had been storing them improperly.”

As a part of investigation, the prefecture has been considering the views of experts from the cause investigation committee the town established, as well as interviews with Man-ei Industry. This is a logical choice given that the bag had been abandoned for 15 years and that activated carbon had been strewn all over the decomposing bag.

Overlook the source company

If it was recognized as waste, were measures taken in accordance with the Waste Disposal Act?

“On February 20th, when we certified the waste, we gave administrative guidance to Man-ei Industry to take measures to prevent recurrence.”

But that’s all. It’s up to Man-ei Industry to decide whether to comply with the guidance. The company’s name has not been made public, and it continues to operate today.

So what about identifying the company that delivered the activated carbon containing PFOA to Man-ei Industry? In light of the Waste Disposal Act, it is only natural that an investigation should be conducted.

“The owner of the waste as of February 20th when it was certified as waste will be considered the ‘waste disposer,’ so only Man-ei Industry is included.”

In other words, since PFOA-containing activated carbon was recognized as waste on February 20, 2024, anything that happened before that date would be overlooked. Companies that provided PFOA to Man-ei Industry will not be subject to the Waste Disposal Act.

I am not convinced. Why was there so much PFOA in the activated carbon that would be banned for drinking, and which company was the source of the disposed? The prefecture should be able to investigate.

Nonetheless, they claim that, “We investigated Man-ei Industry as well, but they said they didn’t have a contract document with the supplier.” The prefecture is sticking to its stance of only investigating Man-ei Industry.

It is strange that Man-ei Industry does not have a contract document, but if there is no contract document, it can obtain one from the supplier. In interviews with the former president of Man-ei Industry, the names of major companies such as Kuraray and Osaka Gas Chemicals were mentioned as Man-ei Industry’s business partners.

Yet the answer remains the same.

“We won’t be investigating that.”

With work like this, how can the prefecture protect its citizens from toxic waste?

In the first place, if the activated carbon contained enough PFOA to cause water contamination, the prefecture should have considered it “waste” from the beginning. This contamination could have been prevented.

However, section chief Domoto insists that government action is needed.

“This is something that cannot be easily dealt with at the local government level, so the national government must take action, and this is something that the National Association of Governors has requested.”

To be continued.

(Originally published in Japanese on October 8, 2024. Translation by Mana Shibata.)

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