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Legal framework related to persistent organic pollutants (POPs) management in China
Environmental Science & Policy 8 (2005) 153–160 www.elsevier.com/locate/envsci
Short communication
Legal framework related to persistent organic pollutants (POPs) management in China Hong Zhang a,b, Yonglong Lu a,b,*, Yajuan Shi a,b, Tieyu Wang a,b, Ying Xing a,b, Richard W. Dawson a,c a
Research Center for Eco-Environmental Sciences, Chinese Academy of Sciences, Post Office Box 2871, Beijing 10085, People’s Republic of China b Graduate School of Chinese Academy of Sciences, Beijing 100039, China c Center for Land Study, China Agricultural University, Beijing 100083, China
Abstract Persistent organic pollutants (POPs) have become serious environmental problems of global concern, and actions for reducing and controlling those compounds have been proposed or taken in many countries. This paper examines the historical background of POPs production and contamination in China and the related legal framework that has evolved as part of the development process for effective POPs management. China is still lacking effective and imperative measures for POPs management, especially for those not used as pesticides. However, as a major signatory, China has paid much attention to POPs control and initiated a series of activities to control POPs. The Convention has been taken into force in November 2004 in China and substantial work has been done in terms of international cooperation on POPs control and reduction. Some strategies for the reasonable and effective management of POPs are presented based on the available information on their production, contamination, and management in China. # 2005 Published by Elsevier Ltd. Keywords: Persistent organic pollutants (POPs); Legal framework; POPs management policy; Chinese environmental management; Stockholm Convention
1. Introduction Persistent organic pollutants (POPs) are chemical substances that persist in the environment, bioaccumulate through food web, and pose a risk of causing adverse effects to human health and the environment (Herrman, 1993; Birnbaum, 1994; Hansen, 1998). With evidence of longrange transport of these substances to regions where they have never been used or produced and the consequent threats they pose to the environment of the whole globe, the international community has, on several occasions, called for urgent global actions to reduce and eliminate releases of these chemicals (Jones and de Voogt, 1999; Loganathan and Kannan, 1994). Over the past several years, the risks posed by POPs have been gaining more and more concerns in many countries where measures have been made or proposed to protect * Corresponding author. Tel.: +86 10 62849118; fax: +86 10 62918177. E-mail address: [email protected] (Y. Lu). 1462-9011/$ – see front matter # 2005 Published by Elsevier Ltd. doi:10.1016/j.envsci.2004.12.005
human health and the environment (EPA, 2002; Godduhn and Duffy, 2003). The United States, for example, has pursued regulatory control and management of dioxins and furans releases to air, water, and soil. Dioxin releases to water are managed through a combination of risk- and technology-based tools established under the Clean Water Act. Current legislation in many European countries ensures that all new chemicals are assessed to identify any potential risks to health or the environment (http://www.epa.gov/ innovation/international/chemicals.htm; http://www.defra.gov.uk/environment/sustainable/chemicals/strategy). There have also been several conventions established on a regional basis, such as the UNECE Convention on Long Range Transboundary Air Pollution (LRTAP), the North American Commission for Environmental Cooperation, and the Arctic Environmental Protection Strategy (http://www.pops.int/ documents/background; Shi et al., 2003). In May 2001, 90 countries including China signed the Stockholm Convention on POPs, which was intended to eliminate the worldwide use of 12 toxic chemical substances (http://www.pops.int/
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documents/background; Yue, 2001). The agreement, formally entitled the Stockholm Convention on Implementing International Action on Certain Persistent Organic Pollutants, requires signatories to control the production, import, export, use, release and disposal of eight pesticides, two industrial chemicals, and two industrial process by-products. In view of the protocols highlighted by the Stockholm Convention, developing economies such as China must work to understand what measures are best in addressing emergent problems related to POPs and how those measures may impact the country’s development trend? The purpose of this paper is to examine some of the issues or questions of immediate relevance from a Chinese economic growth perspective. These include issues such as: what is the present status of POPs production and pollution in China? Is the legal framework on POPs reasonable and efficient? What is national government attitude toward POPs? And, what measures should be taken by the central and local governments for preventing and reducing POPs pollution?
2. Historical background on POPs production POPs are grouped into three categories: (1) organochlorine pesticides: aldrin, chlordane, dieldrin, endrin, heptachlor, dichlorodiphenyltrichloroethane (DDT), mirex and toxaphene; (2) industrial chemicals: hexachlorobenzene (HCB) and polychlorinated biphenyls (PCBs); and (3) unintended byproducts: dioxins and furans. Among the eight organochlorine pesticides, five (DDT, chlordane, heptachlor, mirex and toxaphene) were produced on an industrial scale in China, with the other three (aldrin, dieldrin and endrin) produced as pilot projects or in research. Organochlorine Pesticides, such as DDT, were first used in China during the 1950s, with rather extensive usage from the 1960s to 1970s. Their extensive use lead to serious contamination to soil, air, water, sediment, food and cooking oil, especially to edible animal meat (Yang, 1989). The use of chlorinated pesticides was formally phased out in China in 1983, with remnant levels found in soil, crops, vegetables and fruits declining steadily after the prohibition (Zhang and
Yang, 1996; Shan et al., 1997). At the same time, the government established a series of rules and regulations intended to address the management, production and use of pesticides within the country. At present, DDT can be produced but it is limited to use as stock for Dicofol and as a disease vector control for malaria. Chlordane and mirex were banned as general use pesticides, but they are still produced for termite control due to limited alternatives. The production and development of toxaphene, heptachlor, aldrin, dieldrin and endin is forbidden (Yao and Zhang, 2001; Cheng, 2001). The production, usage, import and export of these eight categories of pesticidal POPs (including HCB as stock for producing pentachlorophenate (PCP)) are shown in Table 1. The production of PCBs was banned in China in 1974. However, some electrical supply equipment containing PCBs is still used in China and the threat it poses to the environment still serious (Shao, 2001). The general quantity and distribution of PCBs in the environment and the pollution status of PCBs are not well characterized in China. Production of HCB in China continues on a small scale, where it is used as the intermediate product in the production of sodium pentachlorophenate (PCP-Na), which is used to prevent schistosomiasis (Yao and Zhang, 2001; Li, 1999). There are few investigations concerning the source and pollutant distribution of dioxins and furans in China, thus their levels in the air, soil and water are still unknown. Almost all possible industrial sources of dioxin exist in China including Iron and Steel Industry, Non-ferrous Industry, Waste Incineration Plant, Pulp and Paper Mill, and the Chemical Industry. The actual status of these pollution is of great concern. The concentration of the dioxin in wastes of some Chloralkali Industry is very high, and production of sodium pentachlorophenate also results in dioxin and furan contamination (Wu, 2001).
3. Present legal framework on POPs management in China Recognition of the threat posed by POPs did not arise overnight, nor did the early legal framework designed to
Table 1 Production and extent of use of pesticidal POPs in Chinaa Category
Production capacity (tonnes/year)
Production (tonnes/year)
Extent of use (tonnes/year)
Number of plants
Remark
DDT HCB Chlordane Mirex Toxaphene Heptachlor Aldrin Dieldrin Endrin
16000 – – –
4000–6000 1000–10000 160 – 3000 (1970s) 1.0 (1969) None None None
3000–4500 – 130 0.3
2 1 – – None None None None None
Existing Existing Existing Existing Production stopped in 1980s Production stopped in 1980s No production No production No production
– None None None
– – – None
(–) means no detailed data. a Source: http://www.gefweb.org/Documents/Council_Documents/GEF_C21/POP-China-Executive_Summary.pdf.
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regulate their use. As such, much of the initial legal framework in China was a mixture of different laws and regulations intended to address specific issues, rather than addressing the issue globally. More recent legislation on the issue clearly shows greater clarity in our understanding of the need for a global perspective POPs law coverage. Unfortunately, legal systems do not always purge previous regulations when addressing new legislation, and we are often left with a mixture of laws and regulations, possibly conflicting, spanning a period of years and intentions. It is not surprising, then, that incomplete or conflicting data or findings might lead to inaccurate conclusions and behavior. In such instances, it is valuable to step back and put the picture into a perspective built on a constructive and exploratory process rather than a critical adversarial one. The intent here is to profile the features and structure of the
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Chinese POPs-related legal system as a beginning, rather than critically analyzing it for what it does or does not do. In China, the term ‘‘legislation’’ means specially defined activities by a specially appointed institution to work out, recognize and change laws and regulations by using its designated rights, following certain procedures and applying the necessary technique. China’s current legislation system is one of the divisions of legislative power, which has many levels existing at the same time and is a combination of categories. It is under the unified leadership of the central authorities but also enjoys a certain degree of decentralization. China’s legislation includes the legislation of the National People’s Congress and its Standing Committee, regulation made by the State Council and its relevant departments, as well as the legislation of ordinary localities, ethnic autonomous regions, special economic zones and
Fig. 1. Summary of POPs-related legal framework in China (italicized type means the law’s name).
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special administrative regions (http://www.china.org.cn/ english/features/legislative/75857.htm). Several types of Chinese laws are defined to give a clear explanation, which are Act, Regulation, Provision, and Standard. ‘‘Act’’ is the formal product of a legislative body, and it is issued by the National People’s Congress or Standing Committee of the People’s Congress. ‘‘Regulation’’ is an authoritative rule or order issued by the State Council and often has the legal force. ‘‘Provision’’ is a rule or order prescribed by superior or competent authority related to the action of those under its control, having force of law issued by executive authority of government. And ‘‘standard’’ is established by authority as a rule for the measure of quantity, weight, extent, value, or quality. With these definitions and principles as a backdrop, a generalized summary of Chinese POPs-related laws issued between 1970 and 2003 is presented in Fig. 1 and Table 2 (ECCEY, 1990–2001; Guo, 1996; DPLR/SEPA, 1997; DPLR/SEPA, 1999; DPLR/SEPA, 2000; CSPH, 1995). Fig. 1 shows a hierarchic ranking of POPs-related legal framework, with POPs-related laws divided into two categories according to the purpose for which they were constituted; either environmental protection and pollution prevention or chemicals control and management. As indicated in Fig. 1, China has instituted a number of laws and regulations to protect human health and environment. Of these, the Air Pollution Prevention and Control Act (1988), Water Pollution Prevention and Control Act (1996), and Solid Wastes Pollution Prevention and Control Act (1996) address issues of environmental protection and pollution prevention rather than chemical control and management. While there have been no special Act initiated regarding POPs, there have been many regulations and provisions enacted to manage chemicals, divided between two rather large categories as pesticide management and chemical management. The regulation for pesticide management, for example, issued by the State Council in 1997 and amended in 2002 is a comprehensive law which strengthened the import and export, registration, production, utilization, management, and transportation of pesticides, especially those of POPs. The regulation states that it is forbidden for any enterprise or individual to produce, utilize or trade product such as HCB, Bexachloridge (HCH) and DDT as proscribed in the national public proclamation. While the regulation of nonpesticides POPs has been managed through regulations or provisions pertaining to dangerous chemicals, they have never formed an integrated system. There is only one law, the Rule for preventing Electric Power Equipment containing PCBs from polluting the environment, issued by SEPA and the Ministry of Energy in 1991 that focuses on PCBs electrical installation management in China but no articles focusing on PCBs production and pollution prevention. Table 2 shows the POPs-related laws in China by application, year, and issue agency. Where the registration
and import/export of chemicals in China are concerned, there are several regulations referring to the origin and identification of POPs. For example, the Measure of environmental management on new chemical substances issued by State Environmental Protection Administration in September 2003, listed detailed management measures for notification registration, and supervision of new industrial chemicals. There life-cycle management of chemicals has been applied to international chemical management but it is still in its initial stage in China. There is no effective supervision mechanism for monitoring the large quantity of chemical pollutants resulting from chemical production. And the identification, registration, safety control and management of major hazardous sources are scarce. Ecological risk assessment and precautionary approach are important steps in chemical management (Godduhn and Duffy, 2003). EU, USA, and UNEP have all established risk assessment procedures for toxic chemicals, addressing pollution scope and consequence as well as the hazard potential resulting from a variety of chemical processes. Compared to the international community, little consideration of environmental or ecological risk has been made in China, but much attention given to human health safety. China still lacks effective measures for POPs management, especially for those POPs not belonging to pesticides group. Further, new regulations and applicable standards need to be established for reduction and control of the POPs contamination and emission and existing regulations need to be amended and brought up to date.
4. The policy development process The policy-making development process for POPs in the last 30 years can be divided into initial and development stages as shown in Table 3. 4.1. Initial stage From the 1970’s to the beginning of the 1980’s, Chinese government began to establish Chinese environmental law system. Pesticide pollution had concerned the government and lawmakers. To this end, some of the articles in the 21st section of the Environmental Protection Act of the People’s Republic of China (trial edition) related to the use and production of pesticides, ‘‘. . . pesticides, of low toxicity, low residue, and high-efficiency features, should be developed. Integrative and biological treatment should be popularized; sewage should be used properly for irrigation, in order to prevent soil and crops from pollution . . .’’As typical of these early efforts, these laws were primarily concerned with preventing the use of highly toxic pesticides, while at the same time encouraging the use of less toxic ones. It is no wonder that amidst this contradictory design, their effectiveness for reducing and controlling persistent organic pesticides was poor.
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The environmental law system continued to develop gradually during the 1980s, as public consciousness of the impacts toxic and noxious compounds have on health and the environment increased. It is during this period that some highly toxic pesticides were phased out (DDT for example). There was also a growing interest in restricting the use of high residual pesticides, with several laws and regulations being implemented, the rule for safe use of pesticides, issued in 1982, and rule for using pesticide properly, issued in 1987. Unfortunately, very little was known about the majority of chemicals as they passed through the environment; whether they accumulated, dispersed or transformed, and in doing so how they might affect living organisms and at what concentrations. Despite the increased concern during this period, and the increased efforts at legislation and regulation, there was no demonstrable concern for POPs. For
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example, some articles in rule for safe use of pesticides just paid some attention to the acute poisoning and hazard to human health, little to chronic toxicity and damage to human health and natural environment. 4.2. Development stage At the beginning of the 1990s, Chinese government attached importance to the sustainable development which ensuring a better quality of life for everyone now and for generations to come. In order to meet international standards for the management of hazardous wastes and toxic chemicals, China signed Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, as well as constituted Environment Management Rule of Chemical First Import and Export of Noxious
Table 2 Main POPs-related regulations in China Application
Title
Issue year
Type
Issue agency
Comprehensive rule
Regulation for Pesticide Management Regulation for Safety Management of Dangerous Chemicals (amended) Rule for Pesticide Registration Rule for Dangerous Chemicals Registration Measure for Registration and Management of Dangerous Chemicals Measure of environmental management on new chemical substances Environmental Management Regulation on First Imports and Exports of Chemicals Temporary Regulation for Strict Control over Importing Waste from EU Rule for Safe Use of Pesticide Rule for Safe Use of Chemicals in Working Location Labor Protection Rule for the Working Location in which Noxious Substances being Used Rule for transport management of dangerous goods by the roadways Rule for transport management of dangerous goods by the railways Rule for transport management of dangerous goods by the river-ways Rule for preventing Electric Power Equipment containing PCBs from polluting the environment Air Pollution Prevention and Control Act Water Pollution Prevention and Control Act Solid Wastes Pollution Prevention and Control Act
1997
Regulation
State Council
2002
Regulation
State Council
1982 2000
Provision Provision
2002
Provision
Ministry of Agriculture State Economic and Trade Commission State Economic and Trade Commission
2003
Provision
State Environmental Protection Administration
1994
Provision
State Economic and Trade Commission
1994
Provision
State Economic and Trade Commission
1982
Provision
Ministry of Agriculture
1997
Provision
2001
Regulation
Ministry of Labor and Social Security State Council
1993
Standard
Ministry of Communication
1996
Standard
Ministry of Communication
1996
Standard
Ministry of Communication
1991
Provision
State Environmental Protection Administration
1988
Act
1996
Act
1996
Act
Standing Committee of the People’s Congress Standing Committee of the People’s Congress Standing Committee of the People’s Congress
Comprehensive rule
Registration Registration Registration and management Registration and management Import and export
Import and export
Use and management Production, use and management Production, use and management Transport Transport Transport Management of PCBs wastes Pollution prevention Pollution prevention Pollution prevention
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Chemical, which included a definition of toxic chemicals in the fourth article. The definition states that ‘‘toxic chemicals are those chemicals that can undergo environmental accumulation, bioaccumulation, bioconversion, or chemical reaction and cause damage to human health and environment, or, have serious adverse effects which constitute a potential hazard to human beings through contact’’. At the same time, China reinforced environmental management of the chemicals, and constituted the Rule for preventing Electric Power Equipment containing PCBs from polluting the environment. In this rule, imports, exports and use of electric appliances (devices) containing PCBs, and collection, storage and transport of the wastes containing PCBs were restricted. Since the mid 1990s, China has signed The Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, and constituted some regulations, such as Regulation on Pesticide management and Regulation on Safety Management of Dangerous Chemicals (amended), etc. The two regulations offered specific articles for different procedures and processes of Chemicals and pesticides respectively, such as registration, storage, production, utilization, transportation, management, responsibility of different departments, emergency response, etc. Moreover, standards for POPs began to be close to the international counterparts, more specific, detailed and operational. With the Standard for Controlling Pollution by Hazardous Wastes Combustion as an example, the choice of factory site, storage of hazardous wastes, disposal concentration of tailed pollutants, and analytical methods for emissions were stipulated, with easy and effective implementation. A legal system for environmental protection and safe management of hazardous chemicals has been preliminarily developed. So far, China has participated in all five negotiations about POPs control and two expert panels about relative standards, and provided some suggestive opinions. In May 2001, China signed the Stockholm Convention and started to initiate a series of activities to control POPs. In 2002, SinoItalian Cooperation Project Startup Conference on the Strategies of Reducing and Eliminating Pesticide-related
POPs) was held in China, which is formal startup of national plan formulation for POPs reduction and phase-out. The Convention has been ratified by the National People’s Congress on June 25, 2004, and came into force on November 11, 2004 in China. In early 2003, a working Group for Convention Fulfillment was established responsible for decision-making for Convention implementation and a POPs Convention Implementation Office (CIO) was set up for routine operation under the Group. In addition, the National Implementation Program (NIP) Formulation Leading Group, consisting of representatives from 11 ministries, key stakeholders for POPs management and control, was established in September 2003, to provide overall guidance and coordination for NIP development. Moreover, substantial work has been done in terms of international cooperation on POPs control and reduction. In May 2003, The Global Environment Facility (GEF) council approved 11 million dollar project with 60% of co-financing from Italy, Canada, etc., assisting China in development of NIP and building her capacity to implement the Stockholm Convention on POPs. Two demonstration projects, one for PCB management and disposal, one for chlordane/mirex alternatives have been launched. Additional demonstration activities, such as alternatives to dicofol, PCPNa alternatives, medical wastes and hazardous wastes are in preparation.
5. Future considerations for POPs management 5.1. To establish an integrated strategic framework for POPs management Although a series of POPs-related environmental laws and regulations has been promulgated, poor execution along with some shortcomings of many of the regulations themselves has led to poor results. Therefore, a POPsdirect-related Act should be established and other environmental regulations on controlling POPs need to be amended in order to improve the effectiveness. In addition, future
Table 3 Development stages of POPs control in China Stage Preparation stage
Development stage
Feature
Laws
1973–1982
Made plan for the gradual phaseout of organochlorine pesticides
1982–1989
Production and use of most organochlorine pesticides had been prohibited produce and use
Environmental Protection Act of People’s Republic of China (trial edition) Rule for Safe Use of Pesticide
1989–1996
Signed the Basel Convention, issued some regulations on PCBs and pesticides
1996
Signed the Rotterdam Convention and the Stockholm Convention, enacted laws more specific, detailed and operational
Rule for Using Pesticide Properly Rule for preventing Electric Power Equipment containing PCBs from polluting the environment Regulation for Pesticide Management
Regulation for Safety Management of Dangerous Chemicals
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POPs management proposals should address at least three important criteria: (1) pay more attention to registration and import/export system (an origin of POPs entering into environment); (2) consider POPs management needs during every stage of the life cycle management process, especially for industrial chemicals and unintended byproducts; (3) the long-term environmental and ecological risks posed by POPs exposure should be evaluated even though POPs use has been phased out. 5.2. To further research and technology development for POPs control Although China has conducted some fundamental research on POPs and developed relevant technologies for use in POPs disposal, a major gap still exists between current approaches and those at an advanced international level in areas such as the central control of chemical incineration systems, on-line monitoring of incineration tail gases, and security/emergency treatment procedures. In addressing this weakness, it will be necessary to support new research for developing alternatives to POPs, incineration techniques, screening standards, as well as strengthening environmental technology supporting system, such as risk assessment, risk control and emergency response. 5.3. To strengthen supervision mechanism for POPs management Adequate monitoring capabilities for POPs are just beginning in China, and none of the POPs has been monitored in the normal monitoring item-scheme of China’s environmental protection system. The current analyzing and monitoring conditions, including techniques, facilities, staff and funding, are incapable of meeting the demands imposed as a signatory of the Stockholm Convention. Further, the supervision mechanism for POPs management within the current environmental monitoring system must be significantly enhanced. And national monitoring networks must be further developed to strengthen data collection, to eliminate repeated duplication of effort, and to exchange and share information concerning POPs among different departments and regions. 5.4. To strengthen linkages and build connectivity Creating relevant and workable POPs control policies in China will require increased levels of communication between decision-makers and the research community. This type of capacity building will greatly improve China’s ability to meet the obligations of international conventions. Better communication should also lead to higher levels of organization, resulting in better harmony and support among all stakeholders. The harmful effects of POPs are still unknown to many Chinese people who are potentially exposed to POPs. New
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education and technical training programs would prove valuable as a means of increasing their awareness of POPs and POPs related risks to health and the environment. The public should be encouraged to participate in local policymaking process concerned with environmental protection through offer of proposals and other measures. 5.5. To enhance collaboration and exchange The problems caused by POPs contamination in developing countries tend to be much more serious than those in developed countries, partly because of vastly different social and economic conditions that can play a major limiting role when it comes to implementing environmental standards and controls. It is likely, therefore, that most if not all developing countries will have more difficulty in implementing the objectives of the Stockholm Convention than developed countries. It is imperative that some form of collaboration takes place between the two economic worlds and China will need to coordinate with her regional partners in finalizing a Regional Action Plan for POPs reduction and elimination that works for the benefit of all.
6. Conclusions POPs management should be promoted as an important field of environmental science, and more attention should be paid to its development. The Chinese legal system is currently not able to meet the international standards called for in the Stockholm Convention for reducing and/or eliminating POPs. More efficient policies based on objective and measurable criteria are needed if the country is to improve its management of POPs. Among the more urgent needs is the establishment of an integrated strategic framework for POPs management. It is also essential to develop technologies for POPs control and to continue research efforts in areas that will strengthen the supervision mechanism for POPs management. There must be a strengthening of communication, cooperation, and trust among all the players, with enhanced levels of collaboration and exchange. Global regulation of POPs will benefit human and environmental health, especially in developing nations. To meet such a goal, China, with its status as a leader of developing countries, is very willing to work with developed nations in taking effective action in POPs management to ensure the sustainable development of humankind and the global environment.
Acknowledgment This work was supported by the Knowledge Innovation Program of the Chinese Academy of Sciences, with Grant No. KZCX2-414.
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References Birnbaum, L.S., 1994. Endocrine effects of prenatal exposure to PCBs, dioxins, and other xenobiotics: implications for policy and future research. Environ. Health Perspect. 102, 676–679. Cheng, J., 2001. Status and Strategies of Termite Prevention in China. Memoirs of Seminar on Persistent Organic Pollutants, SEPA, Beijing, 83 pp. CSPH (Chinese Standard Publishing House), 1995. Compilation of Environmental Standards in China (1989–1994). Chinese Standard Publishing House, Beijing, in press. DPLR/SEPA (Department of Policies, Laws and Regulations of the State Environmental Protection Administration of China), 1997. Compilation of Environmental laws and Regulations in China (1982–1997). Chemical industry Publishing House, Beijing. DPLR/SEPA (Department of Policies, Laws and Regulations of the State Environmental Protection Administration of China), 1999. Compilation of Environmental laws and Regulations in China (1997–1999). Xueyuan Publishing House, Beijing. DPLR/SEPA (Department of Policies, Laws and Regulations of the State Environmental Protection Administration of China), 2000. Compilation of Environmental laws and Regulations in China (1999–2000). Xueyuan Publishing House, Beijing. ECCEY (Editor Committee of Chinese Environmental Yearbooks), 1990– 2001. Chinese Environmental Yearbooks. Chinese Environment Yearbook Publishing House, Beijing. EPA (United States Environmental Protection Agency), 2002. Persistent Organic Pollutants: a global issue, a global response. United States Environmental Protection Agency: Washington. Godduhn, A., Duffy, L.K., 2003. Multi-generation health risks of persistent organic pollution in the far north: use of the precautionary approach in the Stockholm Convention. Environ. Sci. Policy 6, 341–353. Guo, B., 1996. A Compilation of the Policies Laws and Regulations Concerning with China’s Environment and Natural Resources. Zhongxin Publishing House, Beijing. Hansen, J.C., 1998. The human health programme under AMAP. AMAP human health group. Arctic monitoring and assessment program. Int. J. Circumpolar Health 57, 280–291. Herrman, J.L., 1993. The role of the World Health Organization in the evaluation of pesticides. Regul. Toxicol. Pharmacol. 17, 282–286. Jones, K.C., de Voogt, P., 1999. Persistent organic pollutants (POPs): state of the science. Environ. Pollut. 100, 209–221. Li, Z., 1999. Trends and strategies of global control over persistent organic pollutants. Mod. Chem. Ind. 7, 5–8 (in Chinese). Loganathan, G.B., Kannan, K., 1994. Global organochlorine contamination trends: an overview. Ambio 23, 187–190. Shan, Z., Zhu, Z., Hua, X., 1997. Environment pollution and management of pesticides. Environ. Prot. 7, 4043 (in Chinese). Shao, C., 2001. Status and Prevention Strategies of PCBs in China. Memoirs of Seminar on Persistent Organic Pollutants, SEPA, Beijing, 70 pp. Shi, Y., Lu, Y., Liang, D., Ren, H., 2003. Recent progress in scientific research on persistent organic pollutants (POPs). Word Sci. Technol. Dev. Trend 25 (2), 73–78 (in Chinese).
Wu, W., 2001. Survey and Estimatation of Dioxin Source in China. Memoirs of Seminar on Persistent Organic Pollutants, SEPA, Beijing, 99 pp. Yang, X., 1989. Pesticides and Environment. Pestic. Sci. Manage. 1989 (1) (in Chinese) Yao, E., Zhang, G., 2001. Some POPs Conventions with Relevance to their Production and Application in China. Memoirs of Seminar on Persistent Organic Pollutants, State Environmental Protection Administration of China (SEPA), Beijing, 76 pp. Yue, R., 2001. The Stockholm Convention on implementing international action on certain persistent organic pollutants and the background of its negotiations. Int. Environ. 1, 24–28 (in Chinese). Zhang, Y., Yang, D., 1996. Food contamination of organochlorine pesticide in China. Pestic. Sci. Manage. (1) 20–22 (in Chinese). Hong Zhang is PhD candidate of Research Center for Eco-Environmental Sciences, Chinese Academy of Sciences. She is mainly engaged in pollution ecology, statistical ecology, environmental management and policy. Zhang’s publications focus on environmental issues raised by heavy metals and persistent organic pollutants, including the use of scientific information in stakeholder and citizen involved decision-making. Yonglong Lu is deputy director-general of the Bureau of Comprehensive Planning, Chinese Academy of Sciences; research professor at Research Center for Eco-Environmental Sciences, CAS; director, Sino-Canadian High-tech Center of Resources and Environment; secretary-general, Chinese Committee for SCOPE. He has a wide range of research interests including theory, methodology and application of sustainable development, systems ecology, resource and environmental economics, environmental management and policy, and strategic planning of science and technology development. Yajuan Shi is assistant professor of Research Center for Eco-Environmental Sciences, Chinese Academy of Sciences. Her research and publication focus on environmental risk and management, including the ecological risk caused by pesticide POPs and alternatives on soil microfauna, and control strategy for elimination and reduction of POPs. Tieyu Wang is a PhD candidate of Research Center for Eco-Environmental Sciences, Chinese Academy of Sciences. His research and publication focus on spatial occurrence, distribution and eco-risk of POPs, including the GIS technology, environmental risk assessment and the related environmental countermeasures. Ying Xing is a PhD candidate of Research Center for Eco-Environmental Sciences, Chinese Academy of Sciences. Her research and publication focus on environmental management and policy of POPs, including the environmental status, policy framework, disposal options and decision-making for elimination about PCBs and dioxins in China. Richard Dawson is professor of land studies and special assistant to the President of China Agricultural University. His research and publications focus on land development issues, climate change, public policy assessment, pollution engineering and modeling, and environmental management.
Short communication
Legal framework related to persistent organic pollutants (POPs) management in China Hong Zhang a,b, Yonglong Lu a,b,*, Yajuan Shi a,b, Tieyu Wang a,b, Ying Xing a,b, Richard W. Dawson a,c a
Research Center for Eco-Environmental Sciences, Chinese Academy of Sciences, Post Office Box 2871, Beijing 10085, People’s Republic of China b Graduate School of Chinese Academy of Sciences, Beijing 100039, China c Center for Land Study, China Agricultural University, Beijing 100083, China
Abstract Persistent organic pollutants (POPs) have become serious environmental problems of global concern, and actions for reducing and controlling those compounds have been proposed or taken in many countries. This paper examines the historical background of POPs production and contamination in China and the related legal framework that has evolved as part of the development process for effective POPs management. China is still lacking effective and imperative measures for POPs management, especially for those not used as pesticides. However, as a major signatory, China has paid much attention to POPs control and initiated a series of activities to control POPs. The Convention has been taken into force in November 2004 in China and substantial work has been done in terms of international cooperation on POPs control and reduction. Some strategies for the reasonable and effective management of POPs are presented based on the available information on their production, contamination, and management in China. # 2005 Published by Elsevier Ltd. Keywords: Persistent organic pollutants (POPs); Legal framework; POPs management policy; Chinese environmental management; Stockholm Convention
1. Introduction Persistent organic pollutants (POPs) are chemical substances that persist in the environment, bioaccumulate through food web, and pose a risk of causing adverse effects to human health and the environment (Herrman, 1993; Birnbaum, 1994; Hansen, 1998). With evidence of longrange transport of these substances to regions where they have never been used or produced and the consequent threats they pose to the environment of the whole globe, the international community has, on several occasions, called for urgent global actions to reduce and eliminate releases of these chemicals (Jones and de Voogt, 1999; Loganathan and Kannan, 1994). Over the past several years, the risks posed by POPs have been gaining more and more concerns in many countries where measures have been made or proposed to protect * Corresponding author. Tel.: +86 10 62849118; fax: +86 10 62918177. E-mail address: [email protected] (Y. Lu). 1462-9011/$ – see front matter # 2005 Published by Elsevier Ltd. doi:10.1016/j.envsci.2004.12.005
human health and the environment (EPA, 2002; Godduhn and Duffy, 2003). The United States, for example, has pursued regulatory control and management of dioxins and furans releases to air, water, and soil. Dioxin releases to water are managed through a combination of risk- and technology-based tools established under the Clean Water Act. Current legislation in many European countries ensures that all new chemicals are assessed to identify any potential risks to health or the environment (http://www.epa.gov/ innovation/international/chemicals.htm; http://www.defra.gov.uk/environment/sustainable/chemicals/strategy). There have also been several conventions established on a regional basis, such as the UNECE Convention on Long Range Transboundary Air Pollution (LRTAP), the North American Commission for Environmental Cooperation, and the Arctic Environmental Protection Strategy (http://www.pops.int/ documents/background; Shi et al., 2003). In May 2001, 90 countries including China signed the Stockholm Convention on POPs, which was intended to eliminate the worldwide use of 12 toxic chemical substances (http://www.pops.int/
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documents/background; Yue, 2001). The agreement, formally entitled the Stockholm Convention on Implementing International Action on Certain Persistent Organic Pollutants, requires signatories to control the production, import, export, use, release and disposal of eight pesticides, two industrial chemicals, and two industrial process by-products. In view of the protocols highlighted by the Stockholm Convention, developing economies such as China must work to understand what measures are best in addressing emergent problems related to POPs and how those measures may impact the country’s development trend? The purpose of this paper is to examine some of the issues or questions of immediate relevance from a Chinese economic growth perspective. These include issues such as: what is the present status of POPs production and pollution in China? Is the legal framework on POPs reasonable and efficient? What is national government attitude toward POPs? And, what measures should be taken by the central and local governments for preventing and reducing POPs pollution?
2. Historical background on POPs production POPs are grouped into three categories: (1) organochlorine pesticides: aldrin, chlordane, dieldrin, endrin, heptachlor, dichlorodiphenyltrichloroethane (DDT), mirex and toxaphene; (2) industrial chemicals: hexachlorobenzene (HCB) and polychlorinated biphenyls (PCBs); and (3) unintended byproducts: dioxins and furans. Among the eight organochlorine pesticides, five (DDT, chlordane, heptachlor, mirex and toxaphene) were produced on an industrial scale in China, with the other three (aldrin, dieldrin and endrin) produced as pilot projects or in research. Organochlorine Pesticides, such as DDT, were first used in China during the 1950s, with rather extensive usage from the 1960s to 1970s. Their extensive use lead to serious contamination to soil, air, water, sediment, food and cooking oil, especially to edible animal meat (Yang, 1989). The use of chlorinated pesticides was formally phased out in China in 1983, with remnant levels found in soil, crops, vegetables and fruits declining steadily after the prohibition (Zhang and
Yang, 1996; Shan et al., 1997). At the same time, the government established a series of rules and regulations intended to address the management, production and use of pesticides within the country. At present, DDT can be produced but it is limited to use as stock for Dicofol and as a disease vector control for malaria. Chlordane and mirex were banned as general use pesticides, but they are still produced for termite control due to limited alternatives. The production and development of toxaphene, heptachlor, aldrin, dieldrin and endin is forbidden (Yao and Zhang, 2001; Cheng, 2001). The production, usage, import and export of these eight categories of pesticidal POPs (including HCB as stock for producing pentachlorophenate (PCP)) are shown in Table 1. The production of PCBs was banned in China in 1974. However, some electrical supply equipment containing PCBs is still used in China and the threat it poses to the environment still serious (Shao, 2001). The general quantity and distribution of PCBs in the environment and the pollution status of PCBs are not well characterized in China. Production of HCB in China continues on a small scale, where it is used as the intermediate product in the production of sodium pentachlorophenate (PCP-Na), which is used to prevent schistosomiasis (Yao and Zhang, 2001; Li, 1999). There are few investigations concerning the source and pollutant distribution of dioxins and furans in China, thus their levels in the air, soil and water are still unknown. Almost all possible industrial sources of dioxin exist in China including Iron and Steel Industry, Non-ferrous Industry, Waste Incineration Plant, Pulp and Paper Mill, and the Chemical Industry. The actual status of these pollution is of great concern. The concentration of the dioxin in wastes of some Chloralkali Industry is very high, and production of sodium pentachlorophenate also results in dioxin and furan contamination (Wu, 2001).
3. Present legal framework on POPs management in China Recognition of the threat posed by POPs did not arise overnight, nor did the early legal framework designed to
Table 1 Production and extent of use of pesticidal POPs in Chinaa Category
Production capacity (tonnes/year)
Production (tonnes/year)
Extent of use (tonnes/year)
Number of plants
Remark
DDT HCB Chlordane Mirex Toxaphene Heptachlor Aldrin Dieldrin Endrin
16000 – – –
4000–6000 1000–10000 160 – 3000 (1970s) 1.0 (1969) None None None
3000–4500 – 130 0.3
2 1 – – None None None None None
Existing Existing Existing Existing Production stopped in 1980s Production stopped in 1980s No production No production No production
– None None None
– – – None
(–) means no detailed data. a Source: http://www.gefweb.org/Documents/Council_Documents/GEF_C21/POP-China-Executive_Summary.pdf.
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regulate their use. As such, much of the initial legal framework in China was a mixture of different laws and regulations intended to address specific issues, rather than addressing the issue globally. More recent legislation on the issue clearly shows greater clarity in our understanding of the need for a global perspective POPs law coverage. Unfortunately, legal systems do not always purge previous regulations when addressing new legislation, and we are often left with a mixture of laws and regulations, possibly conflicting, spanning a period of years and intentions. It is not surprising, then, that incomplete or conflicting data or findings might lead to inaccurate conclusions and behavior. In such instances, it is valuable to step back and put the picture into a perspective built on a constructive and exploratory process rather than a critical adversarial one. The intent here is to profile the features and structure of the
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Chinese POPs-related legal system as a beginning, rather than critically analyzing it for what it does or does not do. In China, the term ‘‘legislation’’ means specially defined activities by a specially appointed institution to work out, recognize and change laws and regulations by using its designated rights, following certain procedures and applying the necessary technique. China’s current legislation system is one of the divisions of legislative power, which has many levels existing at the same time and is a combination of categories. It is under the unified leadership of the central authorities but also enjoys a certain degree of decentralization. China’s legislation includes the legislation of the National People’s Congress and its Standing Committee, regulation made by the State Council and its relevant departments, as well as the legislation of ordinary localities, ethnic autonomous regions, special economic zones and
Fig. 1. Summary of POPs-related legal framework in China (italicized type means the law’s name).
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special administrative regions (http://www.china.org.cn/ english/features/legislative/75857.htm). Several types of Chinese laws are defined to give a clear explanation, which are Act, Regulation, Provision, and Standard. ‘‘Act’’ is the formal product of a legislative body, and it is issued by the National People’s Congress or Standing Committee of the People’s Congress. ‘‘Regulation’’ is an authoritative rule or order issued by the State Council and often has the legal force. ‘‘Provision’’ is a rule or order prescribed by superior or competent authority related to the action of those under its control, having force of law issued by executive authority of government. And ‘‘standard’’ is established by authority as a rule for the measure of quantity, weight, extent, value, or quality. With these definitions and principles as a backdrop, a generalized summary of Chinese POPs-related laws issued between 1970 and 2003 is presented in Fig. 1 and Table 2 (ECCEY, 1990–2001; Guo, 1996; DPLR/SEPA, 1997; DPLR/SEPA, 1999; DPLR/SEPA, 2000; CSPH, 1995). Fig. 1 shows a hierarchic ranking of POPs-related legal framework, with POPs-related laws divided into two categories according to the purpose for which they were constituted; either environmental protection and pollution prevention or chemicals control and management. As indicated in Fig. 1, China has instituted a number of laws and regulations to protect human health and environment. Of these, the Air Pollution Prevention and Control Act (1988), Water Pollution Prevention and Control Act (1996), and Solid Wastes Pollution Prevention and Control Act (1996) address issues of environmental protection and pollution prevention rather than chemical control and management. While there have been no special Act initiated regarding POPs, there have been many regulations and provisions enacted to manage chemicals, divided between two rather large categories as pesticide management and chemical management. The regulation for pesticide management, for example, issued by the State Council in 1997 and amended in 2002 is a comprehensive law which strengthened the import and export, registration, production, utilization, management, and transportation of pesticides, especially those of POPs. The regulation states that it is forbidden for any enterprise or individual to produce, utilize or trade product such as HCB, Bexachloridge (HCH) and DDT as proscribed in the national public proclamation. While the regulation of nonpesticides POPs has been managed through regulations or provisions pertaining to dangerous chemicals, they have never formed an integrated system. There is only one law, the Rule for preventing Electric Power Equipment containing PCBs from polluting the environment, issued by SEPA and the Ministry of Energy in 1991 that focuses on PCBs electrical installation management in China but no articles focusing on PCBs production and pollution prevention. Table 2 shows the POPs-related laws in China by application, year, and issue agency. Where the registration
and import/export of chemicals in China are concerned, there are several regulations referring to the origin and identification of POPs. For example, the Measure of environmental management on new chemical substances issued by State Environmental Protection Administration in September 2003, listed detailed management measures for notification registration, and supervision of new industrial chemicals. There life-cycle management of chemicals has been applied to international chemical management but it is still in its initial stage in China. There is no effective supervision mechanism for monitoring the large quantity of chemical pollutants resulting from chemical production. And the identification, registration, safety control and management of major hazardous sources are scarce. Ecological risk assessment and precautionary approach are important steps in chemical management (Godduhn and Duffy, 2003). EU, USA, and UNEP have all established risk assessment procedures for toxic chemicals, addressing pollution scope and consequence as well as the hazard potential resulting from a variety of chemical processes. Compared to the international community, little consideration of environmental or ecological risk has been made in China, but much attention given to human health safety. China still lacks effective measures for POPs management, especially for those POPs not belonging to pesticides group. Further, new regulations and applicable standards need to be established for reduction and control of the POPs contamination and emission and existing regulations need to be amended and brought up to date.
4. The policy development process The policy-making development process for POPs in the last 30 years can be divided into initial and development stages as shown in Table 3. 4.1. Initial stage From the 1970’s to the beginning of the 1980’s, Chinese government began to establish Chinese environmental law system. Pesticide pollution had concerned the government and lawmakers. To this end, some of the articles in the 21st section of the Environmental Protection Act of the People’s Republic of China (trial edition) related to the use and production of pesticides, ‘‘. . . pesticides, of low toxicity, low residue, and high-efficiency features, should be developed. Integrative and biological treatment should be popularized; sewage should be used properly for irrigation, in order to prevent soil and crops from pollution . . .’’As typical of these early efforts, these laws were primarily concerned with preventing the use of highly toxic pesticides, while at the same time encouraging the use of less toxic ones. It is no wonder that amidst this contradictory design, their effectiveness for reducing and controlling persistent organic pesticides was poor.
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The environmental law system continued to develop gradually during the 1980s, as public consciousness of the impacts toxic and noxious compounds have on health and the environment increased. It is during this period that some highly toxic pesticides were phased out (DDT for example). There was also a growing interest in restricting the use of high residual pesticides, with several laws and regulations being implemented, the rule for safe use of pesticides, issued in 1982, and rule for using pesticide properly, issued in 1987. Unfortunately, very little was known about the majority of chemicals as they passed through the environment; whether they accumulated, dispersed or transformed, and in doing so how they might affect living organisms and at what concentrations. Despite the increased concern during this period, and the increased efforts at legislation and regulation, there was no demonstrable concern for POPs. For
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example, some articles in rule for safe use of pesticides just paid some attention to the acute poisoning and hazard to human health, little to chronic toxicity and damage to human health and natural environment. 4.2. Development stage At the beginning of the 1990s, Chinese government attached importance to the sustainable development which ensuring a better quality of life for everyone now and for generations to come. In order to meet international standards for the management of hazardous wastes and toxic chemicals, China signed Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, as well as constituted Environment Management Rule of Chemical First Import and Export of Noxious
Table 2 Main POPs-related regulations in China Application
Title
Issue year
Type
Issue agency
Comprehensive rule
Regulation for Pesticide Management Regulation for Safety Management of Dangerous Chemicals (amended) Rule for Pesticide Registration Rule for Dangerous Chemicals Registration Measure for Registration and Management of Dangerous Chemicals Measure of environmental management on new chemical substances Environmental Management Regulation on First Imports and Exports of Chemicals Temporary Regulation for Strict Control over Importing Waste from EU Rule for Safe Use of Pesticide Rule for Safe Use of Chemicals in Working Location Labor Protection Rule for the Working Location in which Noxious Substances being Used Rule for transport management of dangerous goods by the roadways Rule for transport management of dangerous goods by the railways Rule for transport management of dangerous goods by the river-ways Rule for preventing Electric Power Equipment containing PCBs from polluting the environment Air Pollution Prevention and Control Act Water Pollution Prevention and Control Act Solid Wastes Pollution Prevention and Control Act
1997
Regulation
State Council
2002
Regulation
State Council
1982 2000
Provision Provision
2002
Provision
Ministry of Agriculture State Economic and Trade Commission State Economic and Trade Commission
2003
Provision
State Environmental Protection Administration
1994
Provision
State Economic and Trade Commission
1994
Provision
State Economic and Trade Commission
1982
Provision
Ministry of Agriculture
1997
Provision
2001
Regulation
Ministry of Labor and Social Security State Council
1993
Standard
Ministry of Communication
1996
Standard
Ministry of Communication
1996
Standard
Ministry of Communication
1991
Provision
State Environmental Protection Administration
1988
Act
1996
Act
1996
Act
Standing Committee of the People’s Congress Standing Committee of the People’s Congress Standing Committee of the People’s Congress
Comprehensive rule
Registration Registration Registration and management Registration and management Import and export
Import and export
Use and management Production, use and management Production, use and management Transport Transport Transport Management of PCBs wastes Pollution prevention Pollution prevention Pollution prevention
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Chemical, which included a definition of toxic chemicals in the fourth article. The definition states that ‘‘toxic chemicals are those chemicals that can undergo environmental accumulation, bioaccumulation, bioconversion, or chemical reaction and cause damage to human health and environment, or, have serious adverse effects which constitute a potential hazard to human beings through contact’’. At the same time, China reinforced environmental management of the chemicals, and constituted the Rule for preventing Electric Power Equipment containing PCBs from polluting the environment. In this rule, imports, exports and use of electric appliances (devices) containing PCBs, and collection, storage and transport of the wastes containing PCBs were restricted. Since the mid 1990s, China has signed The Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, and constituted some regulations, such as Regulation on Pesticide management and Regulation on Safety Management of Dangerous Chemicals (amended), etc. The two regulations offered specific articles for different procedures and processes of Chemicals and pesticides respectively, such as registration, storage, production, utilization, transportation, management, responsibility of different departments, emergency response, etc. Moreover, standards for POPs began to be close to the international counterparts, more specific, detailed and operational. With the Standard for Controlling Pollution by Hazardous Wastes Combustion as an example, the choice of factory site, storage of hazardous wastes, disposal concentration of tailed pollutants, and analytical methods for emissions were stipulated, with easy and effective implementation. A legal system for environmental protection and safe management of hazardous chemicals has been preliminarily developed. So far, China has participated in all five negotiations about POPs control and two expert panels about relative standards, and provided some suggestive opinions. In May 2001, China signed the Stockholm Convention and started to initiate a series of activities to control POPs. In 2002, SinoItalian Cooperation Project Startup Conference on the Strategies of Reducing and Eliminating Pesticide-related
POPs) was held in China, which is formal startup of national plan formulation for POPs reduction and phase-out. The Convention has been ratified by the National People’s Congress on June 25, 2004, and came into force on November 11, 2004 in China. In early 2003, a working Group for Convention Fulfillment was established responsible for decision-making for Convention implementation and a POPs Convention Implementation Office (CIO) was set up for routine operation under the Group. In addition, the National Implementation Program (NIP) Formulation Leading Group, consisting of representatives from 11 ministries, key stakeholders for POPs management and control, was established in September 2003, to provide overall guidance and coordination for NIP development. Moreover, substantial work has been done in terms of international cooperation on POPs control and reduction. In May 2003, The Global Environment Facility (GEF) council approved 11 million dollar project with 60% of co-financing from Italy, Canada, etc., assisting China in development of NIP and building her capacity to implement the Stockholm Convention on POPs. Two demonstration projects, one for PCB management and disposal, one for chlordane/mirex alternatives have been launched. Additional demonstration activities, such as alternatives to dicofol, PCPNa alternatives, medical wastes and hazardous wastes are in preparation.
5. Future considerations for POPs management 5.1. To establish an integrated strategic framework for POPs management Although a series of POPs-related environmental laws and regulations has been promulgated, poor execution along with some shortcomings of many of the regulations themselves has led to poor results. Therefore, a POPsdirect-related Act should be established and other environmental regulations on controlling POPs need to be amended in order to improve the effectiveness. In addition, future
Table 3 Development stages of POPs control in China Stage Preparation stage
Development stage
Feature
Laws
1973–1982
Made plan for the gradual phaseout of organochlorine pesticides
1982–1989
Production and use of most organochlorine pesticides had been prohibited produce and use
Environmental Protection Act of People’s Republic of China (trial edition) Rule for Safe Use of Pesticide
1989–1996
Signed the Basel Convention, issued some regulations on PCBs and pesticides
1996
Signed the Rotterdam Convention and the Stockholm Convention, enacted laws more specific, detailed and operational
Rule for Using Pesticide Properly Rule for preventing Electric Power Equipment containing PCBs from polluting the environment Regulation for Pesticide Management
Regulation for Safety Management of Dangerous Chemicals
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POPs management proposals should address at least three important criteria: (1) pay more attention to registration and import/export system (an origin of POPs entering into environment); (2) consider POPs management needs during every stage of the life cycle management process, especially for industrial chemicals and unintended byproducts; (3) the long-term environmental and ecological risks posed by POPs exposure should be evaluated even though POPs use has been phased out. 5.2. To further research and technology development for POPs control Although China has conducted some fundamental research on POPs and developed relevant technologies for use in POPs disposal, a major gap still exists between current approaches and those at an advanced international level in areas such as the central control of chemical incineration systems, on-line monitoring of incineration tail gases, and security/emergency treatment procedures. In addressing this weakness, it will be necessary to support new research for developing alternatives to POPs, incineration techniques, screening standards, as well as strengthening environmental technology supporting system, such as risk assessment, risk control and emergency response. 5.3. To strengthen supervision mechanism for POPs management Adequate monitoring capabilities for POPs are just beginning in China, and none of the POPs has been monitored in the normal monitoring item-scheme of China’s environmental protection system. The current analyzing and monitoring conditions, including techniques, facilities, staff and funding, are incapable of meeting the demands imposed as a signatory of the Stockholm Convention. Further, the supervision mechanism for POPs management within the current environmental monitoring system must be significantly enhanced. And national monitoring networks must be further developed to strengthen data collection, to eliminate repeated duplication of effort, and to exchange and share information concerning POPs among different departments and regions. 5.4. To strengthen linkages and build connectivity Creating relevant and workable POPs control policies in China will require increased levels of communication between decision-makers and the research community. This type of capacity building will greatly improve China’s ability to meet the obligations of international conventions. Better communication should also lead to higher levels of organization, resulting in better harmony and support among all stakeholders. The harmful effects of POPs are still unknown to many Chinese people who are potentially exposed to POPs. New
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education and technical training programs would prove valuable as a means of increasing their awareness of POPs and POPs related risks to health and the environment. The public should be encouraged to participate in local policymaking process concerned with environmental protection through offer of proposals and other measures. 5.5. To enhance collaboration and exchange The problems caused by POPs contamination in developing countries tend to be much more serious than those in developed countries, partly because of vastly different social and economic conditions that can play a major limiting role when it comes to implementing environmental standards and controls. It is likely, therefore, that most if not all developing countries will have more difficulty in implementing the objectives of the Stockholm Convention than developed countries. It is imperative that some form of collaboration takes place between the two economic worlds and China will need to coordinate with her regional partners in finalizing a Regional Action Plan for POPs reduction and elimination that works for the benefit of all.
6. Conclusions POPs management should be promoted as an important field of environmental science, and more attention should be paid to its development. The Chinese legal system is currently not able to meet the international standards called for in the Stockholm Convention for reducing and/or eliminating POPs. More efficient policies based on objective and measurable criteria are needed if the country is to improve its management of POPs. Among the more urgent needs is the establishment of an integrated strategic framework for POPs management. It is also essential to develop technologies for POPs control and to continue research efforts in areas that will strengthen the supervision mechanism for POPs management. There must be a strengthening of communication, cooperation, and trust among all the players, with enhanced levels of collaboration and exchange. Global regulation of POPs will benefit human and environmental health, especially in developing nations. To meet such a goal, China, with its status as a leader of developing countries, is very willing to work with developed nations in taking effective action in POPs management to ensure the sustainable development of humankind and the global environment.
Acknowledgment This work was supported by the Knowledge Innovation Program of the Chinese Academy of Sciences, with Grant No. KZCX2-414.
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