大气环境立法新动向

大气环境法是随大气环境的变化而发展的。通过分析美、日、中等国家近年来的大气环境立法状况，概括出目前大气环境立法的五大趋势。这些趋势反映了人们对大气污染防治问题认识的深入和对大气环境污染防治法律观念的转变。     

Exploiting Abstract Possibilities: A Critique of the Concept and Practice of Product Patenting

Developments in biotechnology and genomics have moved the issue of patenting scientific and technological inventions toward the center of interest. In particular, the patentability of genes of plants, animals, or humans and of genetically modified (parts of) living organisms has been discussed, and questioned, from various normative perspectives. This paper aims to contribute to this debate. For this purpose, it first explains a number of relevant aspects of the theory and practice of patenting. The focus is on a special and increasingly significant type of patents, namely product patents. The paper provides three general arguments against the concept and practice of product patenting. The first argument briefly considers the claim that patents are legitimate because they promote socially useful innovation. Against this claim, it is argued that product patents may hamper rather than promote such innovation. The second and main argument concludes that product patents are not adequately based on actual technological inventions, as they should be according to the usual criteria of patentability. The principal moral issue is that product patents tend to reward patentees for inventions they have not really made available. The final argument proposes a method for patenting the heat of the sun. Assuming that granting this patent will be generally considered absurd, the argument exposes a further, fundamental problem of the concept and practice of product patenting.     

Significant developments in sustainable development law and governance: A proposal

This article develops a practical proposal for progress on sustainable development law. It examines the prospects for an international sustainable development law to provide a framework for more effective, coherent governance. Sustainable development law is briefly defined and an analytical framework is provided. Different degrees of integration between economic, social and environmental law are described. Certain principles of international law related to sustainable development are also highlighted. It is argued that these principles may serve to guide law‐makers and jurists where social, economic and environmental law and policy conflict or overlap. Continuing, underlying questions of sustainable development governance are addressed and its global frameworks analysed. The article also focuses on the 2002 World Summit on Sustainable Development, held in Johannesburg in August‐September 2002, and its specific mandate for the United Nations Commission on Sustainable Development (UNCSD) to take related legal developments into account. The article advances a proposal: that governments, economic, social and environmental intergovernmental organizations and other actors establish a ‘network of inquiry’ with members from relevant groups, including legal and academic organizations, and other expert groups, in order to follow, research, analyse and debate legal developments in a balanced way.     

Hazardous wastes transboundary movement management: a case study in Taiwan

More than 50,000 tons of hazardous waste are imported and exported worldwide each year. Over 50% of hazardous waste is exported to Southeast Asia, of which leather waste is the major component. The exportation quantities of hazardous waste to Organization of Economic Cooperation and Development (OECD) countries are decreasing while they are on the increase to non-OECD countries. Some of these wastes are intended for recycling purposes but the usage of some others is not stipulated. The hazardous waste importation quantity kept fairly steady from 1997 to 2000, of which ash or residues containing copper or copper compounds were the major component. Under existing regulations and measures, the transboundary movement of hazardous waste cannot be effectively controlled and monitored. In order to ensure environmentally sound hazardous waste management, EPA-Taiwan revised the Waste Disposal Act in 2001 and cooperated with the Industrial Development Bureau (IDB) to promote industrial waste reduction and recycling projects. Strategies were proposed based on evaluation according to the 3Es Principles and the site investigation in this study.     

Environmental assessment of supercritical water oxidation of sewage sludge

Environmental aspects of using supercritical water oxidation (SCWO) to treat sewage sludge were studied using a life cycle assessment (LCA) methodology. The system studied is the first commercial scale SCWO plant for sewage sludge in the world, treating sludge from the municipal wastewater treatment facility in Harlingen, TX, USA. The environmental impacts were evaluated using three specific environmental attributes: global warming potential (GWP), photo-oxidant creation potential (POCP) and resource depletion; as well as two single point indicators: EPS2000 and EcoIndicator99. The LCA results show that for the described process, gas-fired preheating of the sludge is the major contributor to environmental impacts, and emissions from generating electricity for pumping and for oxygen production are also important. Overall, SCWO processing of undigested sewage sludge is an environmentally attractive technology, particularly when heat is recovered from the process. Energy-conserving measures and recovery of excess oxygen from the SCWO process should be considered for improving the sustainability potential.     

NITROGEN AND ORGANIC MATTER LOSSES IN NO‐TILL CORN CROPPING SYSTEMS1

ABSTRACT: Intensive cropping systems based on mechanical movement of soil have induced land degradation in most agricultural areas due to soil erosion and soil fertility losses. Thus, farmers have been increasing fertilization rates to maintain an economically competitive crop yield. This practice has resulted in water quality degradation and lake eutrophication in many agricultural watersheds. Research was conducted in the Patzcuaro watershed in central Mexico to develop appropriate technology that prevents nonpoint source pollution from fertilizers. Organic matter (OM) and nitrogen (N) losses in runoff and nitrate (NO₃‐N) percolation in Andisols with corn under conventional till (CT) and no‐till (NT) treatments using variable percentages of crop residue as soil cover were investigated for steep‐slope agriculture. USLE type runoff plots were used to collect water runoff, while suction tubes with porous caps at 30, 60, and 90 cm depth were used to sample soil water solutes for NO₃‐N analyses. Results indicated a significant reduction of N and OM losses in runoff as residue cover increased in the NT treatments. Inorganic N in runoff was 25 kg/ha for NT without residue cover (NT‐0) and 6 kg/ha for the NT with 100 percent residue cover (NT‐100). Organic matter losses in runoff were 157 and 24 kg/ha for the NT‐0 and NT‐100 treatments, respectively. Nitrate‐N percolation was evident in CT and NT with 100 percent residue cover (NT‐100). However, NT‐100 had higher NO₃‐N concentration at the root zone, suggesting the possibility of reducing fertilization rates with the use of NT treatments.     

MODELING SEDIMENT AND PHOSPHORUS LOSSES IN AN AGRICULTURAL WATERSHED TO MEET TMDLs1

ABSTRACT: This paper studies the effectiveness of alternative farm management strategies at improving water quality to meet Total Maximum Daily Loads (TMDLs) in agricultural watersheds. A spatial process model was calibrated using monthly flow, sediment, and phosphorus (P) losses (1994 to 1996) from Sand Creek watershed in south‐central Minnesota. Statistical evaluation of predicted and observed data gave r² coefficients of 0.75, 0.69, and 0.49 for flow (average 4.1 m³/s), sediment load (average 0.44 ton/ha), and phosphorus load (average 0.97 kg/ha), respectively. The calibrated model was used to evaluate the effects of conservation tillage, conversion of crop land to pasture, and changes in phosphorus fertilizer application rate on pollutant loads. TMDLs were developed for sediment and P losses based on existing water quality standards and guidelines. Observed annual sediment and P losses exceeded these TMDLs by 59 percent and 83 percent, respectively. A combination of increased conservation tillage, reduced application rates of phosphorus fertilizer, and conversion of crop land to pasture could reduce sediment and phosphorus loads by 23 percent and 20 percent of existing loads, respectively. These reductions are much less than needed to meet TMDLs, suggesting that control of sediment using buffer strips and control of point sources of phosphorus are needed for the remaining reductions.     

CHEMISTRY OF COALBED METHANE DISCHARGE WATER INTERACTING WITH SEMI‐ARID EPHEMERAL STREAM CHANNELS1

ABSTRACT: The objective of this study was to examine the chemistry of Coalbed Methane (CBM) discharge water reacting with semi‐arid ephemeral stream channels in the Powder River Basin, Wyoming. The study area consisted of two ephemeral streams: Burger Draw and Sue Draw. These streams are tributaries to the perennial Powder River. Samples were collected bimonthly from three CBM discharge points and seven channel locations in Burger Draw and Sue Draw. Samples were also collected bimonthly from the Powder River above and below the confluence of Burger Draw. Before sample collection, the pH and electrical conductivity (EC) were measured in the field. Samples were transported to the laboratory and analyzed for alkalinity, major cations, and anions. From the measurement of sodium (Na), calcium (Ca), and magnesium (Mg), practical sodium adsorption ratio (SARp) and true sodium adsorption ratio (SARt) were calculated. Results suggest pH and EC of CBM discharge water was 7.1 and 4.3 dS/m, respectively. The CBM discharge water consisted of higher concentrations of sodium and alkalinity compared to other components. The pH of CBM discharge water increased significantly (p = 0.000) in the downstream channel of Burger Draw from 7.1 to 8.84 before it joined with the Powder River. Dissolved calcium concentration of CBM discharge water decreased significantly (p = 0.000) in the downstream channel water. Subsequently, SARp increased approximately from 24 to 29. The SARt also increased significantly (p = 0.001) in the downstream channel water. For instance, SARt of CBM discharge water increased from 32.93 to 45.5 downstream channels after the confluence of Sue Draw with the Burger Draw. The only significant difference in water chemistry above and below the confluence of Burger Draw with the Powder River was pH, which increased from 8.36 to 8.52. The significant increase in SAR values of CBM discharge water in Burger Draw and Sue Draw tributaries suggest a careful monitoring of salinity and sodicity is needed if CBM discharge water is used for irrigation in semi‐arid environments. Results discussed in this study will be useful to downstream water users who depend on water for irrigation.     

TRANSIENT RESPONSE FUNCTIONS FOR CONJUNCTIVE WATER MANAGEMENT IN THE SNAKE RIVER PLAIN,IDAHO1

ABSTRACT: Increasing demands on western water are causing a mounting need for the conjunctive management of surface water and ground water resources. Under western water law, the senior water rights holder has priority over the junior water rights holder in times of water shortage. Water managers have been reluctant to conjunctively manage surface water and ground water resources because of the difficulty of quantification of the impacts to surface water resources from ground water stresses. Impacts from ground water use can take years to propagate through an aquifer system. Prediction of the degree of impact to surface water resources over time and the spatial distribution of impacts is very difficult. Response functions mathematically describe the relationship between a unit ground water stress applied at a specific location and stream depletion or aquifer water level change elsewhere in the system. Response functions can be used to help quantify the spatial and temporal impacts to surface water resources caused by ground water pumping. This paper describes the theory of response functions and presents an application of transient response functions in the Snake River Plain, Idaho. Transient response functions can be used to facilitate the conjunctive management of surface and ground water not only in the eastern Snake River Plain basin, but also in similar basins throughout the western United States.     

ENHANCING FECAL COLIFORM TOTAL MAXIMUM DAILY LOAD MODELS THROUGH BACTERIAL SOURCE TRACKING1

ABSTRACT: Surface water impairment by fecal coliform bacteria is a water quality issue of national scope and importance. In Virginia, more than 400 stream and river segments are on the Commonwealth's 2002 303(d) list because of fecal coliform impairment. Total maximum daily loads (TMDLs) will be developed for most of these listed streams and rivers. Information regarding the major fecal coliform sources that impair surface water quality would enhance the development of effective watershed models and improve TMDLs. Bacterial source tracking (BST) is a recently developed technology for identifying the sources of fecal coliform bacteria and it may be helpful in generating improved TMDLs. Bacterial source tracking was performed, watershed models were developed, and TMDLs were prepared for three streams (Accotink Creek, Christians Creek, and Blacks Run) on Virginia's 303(d) list of impaired waters. Quality assurance of the BST work suggests that these data adequately describe the bacteria sources that are impairing these streams. Initial comparison of simulated bacterial sources with the observed BST data indicated that the fecal coliform sources were represented inaccurately in the initial model simulation. Revised model simulations (based on BST data) appeared to provide a better representation of the sources of fecal coliform bacteria in these three streams. The coupled approach of incorporating BST data into the fecal coliform transport model appears to reduce model uncertainty and should result in an improved TMDL.