“영원한 화학물질” 과불화화합물(PFAS)로 인한 환경오염피해 구제 연구 - 미국의 의료모니터링청구(Medical Monitoring Claim)를 중심으로 -

채영근 인하대학교 법학연구소 2024 法學硏究 Vol.27 No.1

환경오염 피해는 인간의 건강이나 환경에 치명적인 결과를 초래하게 되고 원상회복이어려우므로 사후구제 보다는 사전예방이 더욱 중요하다고 하겠다. 그리하여 1970년대 이후 수많은 환경규제 법률이 제정되어 오염행위에 대한 감시와 사전예방조치의 의무화가시행되어 왔다. 그럼에도 불구하고 환경오염피해는 계속 반복되고 있다. 아무리 촘촘하게 환경규제를 정비한다고 해도, 산업과 기술 그리고 경제활동의 변화를 사전에 예측하여 미리 모두 규제할 수는 없는지라 법의 공백이 나타나는 것은 불가피하다. 이와 같은규제의 공백은 오랜 역사를 갖는 일반 私法상의 구제수단을 활용하여 사후적 책임을 묻는 수밖에 없다. 미국의 과불화화합물(PFAS)오염 사례는 그 좋은 예라고 하겠다. PFAS 는 그 유해성은 알지 못한채 그 유용성만 강조되어 수많은 제품의 원료로 사용되면서 하천, 호수, 지하수, 토양을 오염시킴은 물론 수많은 피해자들을 낳았고 현재 전국민의 혈액에서 검출되기에 이르렀다. 미국의 규제는 PFAS의 제조, 보관, 유통, 소비, 폐기, 처분그 어느 단계에서도 리스크를 제대로 관리하지 못했다. PFAS의 유해성을 밝혀내고 대표PFAS물질인 PFOS와 PFOA를 시장에서 퇴출시킨 것은 한 민사소송 사건 변호사의 영웅적인 활약 덕분이다. 원고측 변호사 개인이 이와 같은 큰 역할을 할 수 있었던 것은 미국의 공정한 증거조사절차의 보장, 대표당사자소송을 신속하고 효과적으로 처리할 수 있는 광역소송제도, 그리고 원고측의 인과관계 입증책임의 부담을 크게 덜어준 의료모니터링청구 제도에 기인한 바 컸다고 생각된다. Environmental damage can have devastating effects on human health and the environment, and it is often difficult to restore the affected areas to their original state. Therefore, it can be argued that prevention is more important than remediation after the fact. Consequently, numerous environmental regulations have been enacted since the 1970s to enforce monitoring and preventative measures against pollution. However, despite these efforts, environmental damage continues to occur repeatedly. No matter how comprehensive environmental regulations may be, it is inevitable that gaps in the law will emerge, as it is impossible to predict and regulate every change in industry, technology, and economic activity in advance. Such regulatory gaps necessitate resorting to traditional remedies in private law to hold parties accountable retroactively. The case of per- and polyfluoroalkyl substances (PFAS) contamination in the United States serves as a prime example. PFAS, while touted for their usefulness, have caused widespread contamination of rivers, lakes, groundwater, and soil as they have been used in numerous products without full understanding of their harmful effects. This has led to numerous victims, with PFAS now being detected in the blood of the general population nationwide. Regulatory failures in the United States have meant that risks associated with PFAS have not been managed at any stage of their production, storage, distribution, consumption, disposal, or disposal. The revelation of the harmfulness of PFAS and the removal of the representative PFAS substances PFOS and PFOA from the market can be attributed to the heroic efforts of a civil litigation attorney. The ability of individual plaintiff attorneys to play such a significant role is believed to be due to the guarantees of fair evidence investigation procedures in the United States, the efficient handling of class action lawsuits, and the medical monitoring claims system, which significantly reduces the burden of proof of causation on the plaintiff's side.

The association of perfluoroalkyl substances (PFAS) exposure and kidney function in Korean adolescents using data from Korean National Environmental Health Survey (KoNEHS) cycle 4 (2018–2020): a cross-sectional study

Yun Jisuk,장은철,권순찬,민영선,이용진 대한직업환경의학회 2023 대한직업환경의학회지 Vol.35 No.1

Background: Perfluoroalkyl substances (PFAS) are chemicals widely used in various products in everyday life. Due to its unique strong binding force, the half-life of PFAS is very long, so bioaccumulation and toxicity to the human body are long-standing concerns. In particular, effects on kidney function have recently emerged and there are no studies on the effect of PFAS on kidney function through epidemiological investigations in Korea. From 2018 to 2020, the Korean National Environmental Health Survey (KoNEHS) cycle 4, conducted an epidemiological investigation on the blood concentration of PFAS for the first time in Korea. Based on this data, the relationship between PFAS blood concentration and kidney function was analyzed for adolescents. Methods: We investigated 5 types of PFAS and their total blood concentration in 811 middle and high school students, living in Korea and included in KoNEHS cycle 4, and tried to find changes in kidney function in relation to PFAS concentration. After dividing the concentration of each of the 5 PFAS and the total concentration into quartiles, multivariable linear regression was performed to assess the correlation with kidney function. The bedside Schwartz equation was used as an indicator of kidney function. Results: As a result of multivariable linear regression, when observing a change in kidney function according to the increase in the concentration of each of the 5 PFAS and their total, a significant decrease in kidney function was confirmed in some or all quartiles. Conclusions: In this cross-sectional study of Korean adolescents based on KoNEHS data, a negative correlation between serum PFAS concentration and kidney function was found. A well-designed longitudinal study and continuous follow-up are necessary.

남한강수계에서 과불화화합물 분포 및 위해도 평가

이인자,윤우현,정관조,조석주 한국환경분석학회 2024 환경분석과 독성보건 Vol.27 No.1

The aim of this study was to determine the concentrations of 24 perfluoroalkyl and polyfluoroalkyl substances (PFAS) in the South Han River and to assess human health risks of exposure to PFAS through ingestion of water in the same river. Surface water samples were collected in March, June, September, and December, 2023 at seven sampling sites in the river. Ten of the 24 PFAS (PFBA, PFPeA, PFHxA, PFHpA, PFOA, PFMPA, PFMBA, PFBS, PFOS, and GenX) were detected and PFBA, PFBS, and PFPeA were predominant. The highest concentration level of PFAS in the river was found at the S1 site, and its total concentration ranged from 691 to 1,021 ng/L. The hazard quotient values of four PFAS (i.e., PFBA, PFBS, PFHxA, and GenX) did not exceed one-tenth of the World Health Organization’s acceptable hazard level.

우려 화학물질에 대한 필수 용도 개념 적용 - PFAS, 6PPD, Benzene 중심으로 -

정미란,전현표,김상헌 한국환경보건학회 2024 한국환경보건학회지 Vol.50 No.1

Background: There is growing international recognition of the need for improvements to national chemical management systems for hazardous chemicals. The European Union has recently introduced the concept of ‘essential uses’ as a new approach to the management hazardous chemicals by limiting their uses. Objectives: This paper examines the concept of essential uses in chemical management and how to apply it through a case study of essential use. This approach is distinct from the current chemical management system, but seeks to improve its potential benefits by effectively restricting or gradually decreasing the use of hazardous substances. Methods: The concept of essential uses was introduced by reviewing the Montreal Protocol on Substances that Deplete the Ozone Layer, Cousins’s three essentiality categories applied to PFAS, restriction options assessed in the PFAS restriction proposal under REACH, and the California Safer Consumer Products regulations prioritizing 6PPD in motor vehicle tires. Based on these essential uses concepts for PFAS and 6PPD, uses of benzene were classified in accordance with the essential uses approach for products using benzene in South Korea. Results: The essential use concept is able to manage the restriction and authorization of substances of concern through essential uses and non-essential uses and the feasible substitution of uses and substances. Conclusions: If the concept and methodology of essential uses are clearly established, they can be expected to shift the national chemical management paradigm from regulating substances to limiting uses under the existing substance management system.

Updated national emission of perfluoroalkyl substances (PFASs) from wastewater treatment plants in South Korea

Kwon, Hye-Ok,Kim, Hee-Young,Park, Yu-Mi,Seok, Kwang-Seol,Oh, Jeong-Eun,Choi, Sung-Deuk Elsevier 2017 Environmental pollution Vol.220 No.1

<P><B>Abstract</B></P> <P>A nationwide emission estimate of perfluoroalkyl substances (PFASs) from wastewater treatment plants (WWTPs) is required to understand the source–receptor relationship of PFASs and to manage major types of WWTPs. In this study, the concentrations of 13 PFASs (8 perfluorocarboxylic acids, 3 perfluoroalkane sulfonates, and 2 intermediates) in wastewater and sludge from 81 WWTPs in South Korea were collected. The emission pathways of PFASs were redefined, and then the national emission of PFASs from WWTPs was rigorously updated. In addition to the direct calculations, Monte Carlo simulations were also used to calculate the likely range of PFAS emissions. The total (Σ<SUB>13</SUB>PFAS) emission (wastewater + sludge) calculated from the direct calculation with mean concentrations was 4.03 ton/y. The emissions of perfluorooctanoic acid (PFOA, 1.19 ton/y) and perfluorooctane sulfonate (PFOS, 1.01 ton/y) were dominant. The Monte Carlo simulations suggested that the realistic national emission of Σ<SUB>13</SUB>PFASs is between 2 ton/y and 20 ton/y. Combined WWTPs treating municipal wastewater from residential and commercial areas were identified as a major emission source, contributing 65% to the total PFAS emissions. The Han and Nakdong Rivers were the primary contaminated rivers, receiving 89% of the total PFAS discharge from WWTPs. The results and methodologies in this study can be useful to establish a management policy for PFASs.</P> <P><B>Graphical abstract</B></P> <P>[DISPLAY OMISSION]</P>

포항시 형산강 하천수 중 과불화화합물(PFASs)에 대한 인체 노출 및 건강 위해성 평가

서성희 한국환경분석학회 2022 환경분석과 독성보건 Vol.25 No.3

The aim of this study was to assess human health risks of exposure to perfluoroalkyl substances (PFASs) by ingestion of water from the Hyeongsan River in Pohang. Ingestion primarily acquired PFBS, PFNA, PFOS, and PFOA, but PFAAs rather than its precursors. Human exposure to PFASs was affected by the physicochemical properties of compounds, the emission sources, and the flow rate. The upstream and midstream waters were influenced by PFCAs due to the domestic sewage, whereas the downstream water contained high levels of PFBS and PFOS due to the presence of an industrial complex. Exposure levels decreased in the midstream; this result suggests a dilution effect due to the increasing flow rate. Exposure levels to PFBS were high exposure because they have a low octanol–water partition coefficient and high aqueous solubility. PFOS at the industrial complex exceeded the WHO allowable level; this result suggests that ingestion may cause non-carcinogenic toxicity. To our knowledge, this is the first assessment of the risk of PFAS ingestion in Pohang. The result will provide a useful reference for future regulations and policies to manage PFAS sources, purify river water, and prevent human exposure.

Matrix-specific distribution and compositional profiles of perfluoroalkyl substances (PFASs) in multimedia environments

Seo, Sung-Hee,Son, Min-Hui,Shin, Eun-Su,Choi, Sung-Deuk,Chang, Yoon-Seok Elsevier 2019 Journal of hazardous materials Vol.364 No.-

<P><B>Abstract</B></P> <P>This study investigated perfluoroalkyl substances (PFASs) in multimedia environments to confirm the effects of emission sources of PFASs and to elucidate their spatial distribution. The highest PFAS levels were detected from the samples of air (272.30 pg/m<SUP>3</SUP>) and surface water (36.54 ng/L) in an industrial complex area, meanwhile high PFAS levels were found from the samples of soil (8.80 ng/g) and sediment (84.98 ng/g) in urban areas and near wastewater treatment plants (WWTPs). Perfluorobutane sulfonate (PFBS) was primarily detected in water, influent and effluent, whereas long chain perfluorocarboxylic acids (PFCAs) and perfluorooctane sulfonate (PFOS) were dominant in dust, soil, sediment and sludge. While PFBS and neutral PFASs were dominant in air, PFCAs were primarily detected in plant and fish. The specific distribution patterns of PFASs in each matrix showed the influences of surrounding environments and different physicochemical characteristics of each congener. These findings suggest that the industrial complex and WWTP might be major emission sources to air and aquatic environments, respectively. This is the first study in which 6 neutral and 13 ionic PFASs were investigated simultaneously for nine different matrices in multimedia environments, and also it would be a good model study for future assessment of PFASs.</P> <P><B>Highlights</B></P> <P> <UL> <LI> Ionic and neutral PFASs were analyzed simultaneously in 9 environmental matrices. </LI> <LI> Industrial complex and WWTP were major emission sources </LI> <LI> The effects of emission source and their spatial distribution were confirmed. </LI> <LI> Long chain PFCAs and PFOS were dominant in dust, soil, sediment and sludge. </LI> <LI> PFBS and neutral PFASs were dominant in air, whereas PFCAs were dominant in biota. </LI> </UL> </P> <P><B>Graphical abstract</B></P> <P>[DISPLAY OMISSION]</P>

포항시 형산강 주변 산업, 주거, 농촌 지역의 대기 중 과불화화합물(PFASs)에 대한 호흡 노출 및 건강 위해성 평가

서성희 한국환경분석학회 2022 환경분석과 독성보건 Vol.25 No.2

The goal of this study was to evaluate human exposure to per- and polyfluoroalkyl substances (PFASs) in the air near the Hyeongsan River in Pohang, and to quantify associated health risks. The daily intake of PFOS was the highest, and those of PFBS, PFHxA, PFUnDA, and PFOA were also high. Humans were exposed more to ionic PFASs than to neutral PFASs. The exposure level of PFASs increased from upstream to downstream; this trend suggests that emission sources exist downstream. For the gaseous phase, the exposure level was highest to PFBS, which have the shortest carbon-chain length, whereas for the particulate phase, exposure was highest to PFOS. The exposure and distribution of PFAS congeners differed among sites and phases, which means that humans are exposed differently depending on the PFASs emitted from the emission source at each site, and on the physicochemical properties of PFASs. Inhalation exposure to PFASs was below the PFAS intake safety threshold, and the toxicity was also lower than the level allowed by WHO. However, health risks from long-term exposure to PFASs are of concern, and combining exposure by various routes may have a significant health effect. Therefore, continuous monitoring and risk assessment are required.

PFAS 제거를 위한 용존유기물 흡착 저해 효과 방지 SILP 흡착제 개발

이아름 ( Aleum Lee ),최용주 ( Yongju Choi ) 한국물환경학회 2023 공동춘계 학술발표회 논문집 Vol.2023 No.0

“영원한 화학물질” 과불화화합물(PFAS)로 인한 환경오염피해 구제 연구 - 미국의 의료모니터링청구(Medical Monitoring Claim)를 중심으로 -

채영근(Young-Geun Chae) 인하대학교 법학연구소 2024 法學硏究 Vol.27 No.1