미국의 시민소송은 행정절차법(Administrative Procedure Act, APA)상 시민이 정부 행위의 작위와 부작위에 관해 이의를 제기할 능력 을 부여한 조항에 뿌리를 두고 있으며 개별 환경실체법을 통해 시민들에 게 정부, 그리고 직접적인 환경오염 원자를 제소할 수 있는 보다 강력한 권리로 자리매김하였으며 시민소송 제도의 활용은 환경정책의 개발과 이 행에 있어서 시민이 강력한 역할을 할 수 있게 하였다. 본고는 미국의 시민소송을 개괄하고, 시민소송이 환경법에 미친 영향을 살펴볼 것이다. Ⅱ장에서는 시민 소송과 사법심사 제도의 세 가지 유형을 살펴보고 Ⅲ장 에서는 미국 환경법상 시민소송 사례를 살펴보고 IV. 장에서는 시민소송 을 제기하기 위해 넘어야 하는 법적 장애물과 구제수단을 논할 것이다. 끝으로 결론에서는 환경정책의 집행에 적극적이고 능동적인 동반자로 서 참여할 수 있는 소송 구조의 문제점과 소송절차의 대안의 모색이 필요하며 미국 법원이 환경행정처의 정책과 집행에 영향을 미쳤던 교 훈을 참고하여 시민소송 제도의 도입과 평가가 요청된다. 지난 40년 간의 시민집행제도는 여전히 미국의 권력분립과 대의민주주의 원칙에서 논쟁의 주제이며 시민소송은 계속해서 향후 미국 환경법 제도에 걸쳐 중 요한 영향을 줄 것임에 분명하다. 우리나라의 경우 환경 침해에 대한 사 법적 구제는 대부분 불법행위로 인한 손해배상 청구 소송에 한정되어 있 어 환경 보호의 본령이라고 할 수 있는 사전 환경 침해방지는 거의 외면 되다시피 한 실정이고 이를 타파하기 위해서는 무엇보다도 현행 환경 정 책 기본법을 위시한 개별 환경법에 대한 근본적인 수술이 절실하며 그중 여기에 소개되는 시민소송 제도의 장․단점을 면밀히 검토한 뒤 가까운 시 기에 그 입법화를 과감히 추진해야 되리라고 본다.
In this study, the calibration characteristics of six new odorant VOCs along with two reference compound were evaluated based on GC-MS (SIM). For the proper evaluation of the GC/MS method, calibration of 7 VOCs were made both by the SPME and direct injection (DI). The minimum detection limit (MDL) of those VOC determined by SPME method fell in the range of 0.31∼0.38 ppb while those of DI from 6.18∼14.3 ppb.
The analytical performance of our SPME/GC-MS method was compared against those tested previously by other study groups. Although more efforts are needed to establish the reliability of our SPME/GC-MS method, the method adapted in this study can be recommended as one of the standard methods for the analysis of the target VOCs in this study to settle formal experiment methods.
In this study, the concentrations of various hydrocarbon (HC) were measured from the ambient air at Mallipo beach after the Hebei Spirit oil spill accident on Dec. 2007. To determine HC levels in those samples, the analysis was made by SPME method aided by the GC/MS system. To produce quantitative HC data, all the calibrations were conducted in reference to toluene. The HC released from oil-covered soils were also analyzed by headspace method; according to this analysis, the concentrations of paraffinic (9), aromatic (8) and miscellaneous components (5 compounds) were found above a few tens of ppb. In ambient samples, 10 compounds were measured which consisted of 8 paraffinics and 2 aromatics. And they have the maximum and minimum concentration that were 34.3 ppb (n-undecane) and 2.84 ppb (toluene). However, the concentration levels of the 2 aromatic compounds (toluene and xylene) measured during this study period were not distinguished from those commonly observed from ambient air. Based on our analysis, we were able to confirm that the types and the concentration levels of hydrocarbons in ambient samples were in accord with those derivable from a large oil spill accident and the resulting weathering processes.
The purpose of this study is to assess the cause of offensive odor incident that took place at Shin-Gil district in Seoul on 17. Nov. 2007. Air samples were collected from both the inside and outside of the accidental sewage site both at the right after and long after the accident and analyzed by GC/MS method. The results of our initial analysis showed that there were 39 compounds with sufficiently detectable quantities (e. g., above ~ 1 ppb). These compounds can be classified into 3 classes of chemical groups which include: Benzene, Indene, and Miscellaneous. It further indicated that compounds with benzene(C₆H₆) ring were the most abundant species followed by several compounds with indene(C₉H₈) structure. Based on our analysis, we conclude that the release of industrial solvents with indene resin contributed most significantly to the observed malodor incident.
In order to accurately analyze trace-level, reduced sulfur compounds (RSC) in ambient air, one needs to rely on the thermal desorption technique (TD) to atone for the limited sensitivity of direct gas chromatography (GC) analysis. In this study, the relative performance of GC/PFPD system combined with TD unit was evaluated to help accurately determine RSC based on the comparative analysis of two types of calibration approaches. Hence, calibration results of RSCs were compared by controlling sample transfer system (air server (AS) and TD unit) between the two contrasting calibration approaches such as: incremental-loading of a given standard with the fixed standard concentration (FSC) vs. supply of standards made at multiple concentration points at the fixed standard volume (FSV). The results of our study indicate that RSC calibration is affected fairly sensitively by sample loading conditions of the AS/TD system. It is hence necessary to delicately control the TD operation conditions for the accurate quantification of RSCs, when GC/PFPD system with TD is employed for RSC analysis.
In this study, odorous emissions from decaying foods were investigated with respect to trimethylamine and ammonia. To this end, three food types (egg, mackerel, and cuttlefish) were used for decaying experiments in which food samples were preserved in throwaway syringes (weight for each sample of 5 g). All decaying experiments advanced for one month under the normal temperature and ventilation. The average concentrations of TMA from egg, mackerel, and cuttlefish samples were measured as 0.6, 5.8 and 130 ppm, respectively, while those of NH₃ as 554, 385, and 531 ppm, respectively. According to our experiments, the concentrations of TMA and NH₃ increased with the progress of corruption. The release of malodor compounds tend to vary sensitively with the changes in temperature and humidity. In case of TMA, a strong correlation with temperature was observed on the order: mackerel > egg > cuttlefish. However, in the case of NH₃, strong correlations were seen to exist with humidity. Changes of TMA concentration were accompanied by changes of pH, especially from mackerel and cuttlefish. NH₃ also showed a similar trend of pH change from samples. When the results of TMA measurements were evaluated in terms of odor intensity, egg, mackerel, and cuttlefish are recorded as 4.36, 5.25 and 6.46, respectively. Likewise, odor intensity of NH₃ measurements was found as 6.96, 6.7 and 6.93, respectively. The results of our odor study suggest that a unique pattern of odor release is developed from decaying food samples.