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Mol Cell Toxicol (2017) 13:361-371

DOI 10.1007/s13273-017-0040-7

REVIEW Paper

Chemical management policies and a distribution model for


chemical accidents
Min-Kyeong Yeo1, Taek-Hyeon Han1, Soon Seok Kim1, Jin Ah Lee1 & Hyung-Geun Park1

Received: 3 November 2017 / Accepted: 19 November 2017


Ⓒ The Korean Society of Toxicogenomics and Toxicoproteomics and Springer 2017

Abstract This study compares and evaluates do- Introduction


mestic and overseas chemical substance management
systems, and compares domestic risk management Various chemical substances are used in daily life and
systems and overseas cases regarding issues and vul- different industries, and the amount of their use in-
nerabilities to propose a plan for improving these is- creases continually. However, accidental releases of
sues. The Chemical Substance Control Act is a more chemical substances at business sites can cause death,
powerful law than the chemical substance control acts damage to facilities, and serious environmental pollu-
of other countries, but it requires a seamless system tion1-3.
and information sharing between managing govern- Major chemical leaks have shown the importance of
ment agents to correct overlaps in the reporting system chemical substance management plans and preventive
for chemical substance management. A comparison measures against accidents. The workers at business
of chemical substance dispersion models finds that sites and local residents living near those sites must
ALOHA, from the United States, fails to include en- share information about the chemical substances used
vironmental factors such as topographical changes there, and preparations must be made for accident pre-
and atmospheric conditions and does not consider the vention and evacuations when an does accident occur.
reactions of chemical substances in the atmosphere or Typically, government actions after chemical sub-
the variables involved in granular chemical substances stance leakage accidents have been the same. For ex-
and mixtures. The Korean model (KORA) has the ad- ample, after the dioxin accident at Seveso, Italy, in
vantage of automatically completing risk assessments 1976, the European Union (EU) enacted the Seveso
and scenarios for each accident type. However, it has Directive in 1982 to prevent similar disasters3. This
the inconvenience of requiring users to directly input directive has been continually supplemented and
the target of protection in the event of a chemical acci- strengthened: the 1996 Seveso II Directive minimized
dent. Overall, a chemical substance risk management accident risks by stipulating that a certain distance be
system must include information about the toxicity of maintained between facilities that handle toxic sub-
chemical substances and environmental factors. stances and residential areas and that land usage plans
be thoroughly managed. The 2012 Seveso III Direc-
Keywords: Chemical management, Risk management, tive further strengthened the rights of residents, giving
Chemical substance control act, Chemical substance them the right to receive information about toxic sub-
dispersion models stances that could leak from nearby industrial facilities
and the right to sue if they did not receive the proper
information4.
After the world’s worst chemical accident, a leak of
methyl isocyanate from Union Carbide, a U.S. compa-
1Department of Environmental Science and Engineering, College of ny, in Bhopal, India, in 1984, the United States enact-
Engineering, Kyung Hee University, 1732 Deogyeong-daero, Giheung-
gu, Yongin-si, Gyeonggi-do 17104, Republic of Korea
ed the Emergency Planning and Community Right-to-
Correspondence and requests for materials should be addressed to Know Act. The damage from the accident was greater
M. K. Yeo ( bioclass@khu.ac.kr) than it might have been because local residents had not
362 Mol Cell Toxicol (2017) 13:361-371

been given any information about the toxic chemical sion models used following a toxic chemical substance
substances being handled and produced nearby, and leak revealed problems with the risk evaluations from
the area was heavily populated at the time of the acci- those models. This study proposes a plan for improve-
dent. ment.
In Korea, national interest in preventing chemical
accidents increased after the hydrofluoric acid leak in Comparative evaluation of domestic and
Gumi in 2012. As a result, the Chemical Substance overseas chemical substance control systems
Control Act was enacted, and enforcement began in
Chemical Substance Control Act of Korea
20152.
The Chemical Substance Control Act, through which The Chemical Substance Control Act of Korea
the government regulates chemical substances, differs strengthens the standards for handling toxic chemical
from existing laws because it evaluates and manages substances to protect citizens, assets, and the environ-
the risks to the ecosystem and humans from any leak ment by preventing chemical accidents and systemati-
of a chemical substance to the environment. The Toxic cally managing chemical substances2.
Chemicals Control Act, on the other hand, emphasizes The Chemical Substance Control Act stipulates the
the usage and storage of chemical substances. systematization of safety management, such as statis-
Establishing the target at risk in a chemical substance tical surveys about chemical substances, standards for
leak is difficult because of a shortage of suitable models handling toxic chemicals, and defining new placement,
for the scope of chemical substance dispersion when a facility, and management standards every 2 years2,5,6.
leak occurs. This lack of models could have a serious Furthermore, the toxic chemical management system
effect on the success of risk management. is being strengthened, along with the designation and
Therefore, this study compares and evaluates domes­ management of accident-prone substances, through the
tic and overseas chemical substance management sys- implementation of a toxic chemical substance busi-
tems, and compares domestic risk management sys- ness approval system, which requires that an Over-the-
tems and overseas cases regarding issues and vulnera- Counter (OTC) Impact Assessment Report and a Risk
bilities to propose a plan for improving these issues. Management Plan (RMP) be written and submitted
Comparing the different chemical substance disper- (Figure 1). In addition, countermeasures are required,

Figure 1. Chemical management system in Korea. CSA: Chemical Safety Agency, IA: Inspection Agency, EA: Environmental
Agency7.
Mol Cell Toxicol (2017) 13:361-371 363

Figure 2. OTC Impact Assessment Report in Korea8.

such as an obligation to immediately report chemical to analyze risk regarding the accident’s influence and
accidents upon occurrence and dispatch a field coordi- potential, and then a safety security plan is proposed
nator6,7. according to the analyzed risk3.
The OTC Impact Assessment is an accident preven- An RMP is intended to prevent chemical accidents
tion system that encourages operators of facilities that at business sites that handle accident-prone substances
handle toxic chemical substances to secure sufficient and to encourage operators to take action and manage
safety in advance by considering the scope of an acci- risk. Those who handle more than a designated amount
dent’s influence at the facility design and installation of an accident-prone substance are required to prepare
stage. Operators must submit an OTC Impact Assess- an RMP every five years and to offer residents relevant
ment that evaluates their facility’s influence on nearby information at least once a year. The whole program
residents and the environment6. Writing the OTC Im- consists of the accident prevention program, the OTC
pact Assessment Report requires operators to conduct Impact Assessment, and an emergency action pro-
a basic assessment, analyze potential risks in the pro- gram6,10. As of 2017, 97 accident-prone substances had
cess, deduce accident scenarios (Figure 2), and select been registered, including chemical substances likely
a worst case accident scenario and an alternative acci- to cause chemical accidents through acute toxicity or
dent scenario8. strong explosiveness and substances that could cause
The public receptor and sensitive receptor are as- large-scale damage if a chemical accident occurred9,10.
sessed within the scope of influence for each scenario
364 Mol Cell Toxicol (2017) 13:361-371

Figure 3. Procedures for establishing land use plans in the United Kingdom. HSE; Health Safety Executive, PA: local planning au-
thorities16.

Overseas chemical substance control systems porting the existence of a safety management system
and an assessment of the business site’s risks. The re-
The United States revised the Clean Air Act after an sults are included in the content provided externally
explosion at a petrochemical plant in Texas in 19891, and reviewed by competent authority institutions14,15.
and the U.S. Environmental Protection Agency (EPA) Furthermore, the United Kingdom enforces a land use
enacted 40 Code of Federal Regulations (CFR) Part planning (LUP) system that restricts the locations of
68 (chemical accident prevention provision) based on facilities that handle toxic substances by evaluating
that Clean Air Act Amendment 112(r). This provision the influence of a potential accident. Figure 3 shows
required business sites with a certain amount of regu- the planning procedure, which establishes boundaries
lated substances to prepare an RMP every 5 years and through a risk analysis and evaluates the risk of haz-
submit it to the EPA11. The RMP contains a risk eval- ards16,17.
uation, accident prevention program, and emergency The Czech Republic uses a hazard and vulnerability
countermeasure program that includes 5 years of ac- index to evaluate the environmental effects on water,
cident cases and OTC risk analyses categorized into land, and living organisms when a chemical accident
worst-case accident scenarios and alternative accident occurs. The accident’s severity is determined by calcu-
scenarios12,13. lating a hazard risk index and environmental vulnera-
In Europe, various evaluation techniques have been bility index18,19.
established so that each country can perform an en- In Sweden, the Environment-Accident Index (EAI)
vironmental influence assessment when a chemical is used to predict the hydroecological influence of an
accident occurs. The United Kingdom implemented inflow of chemical substances. The EAI is determined
the Control of Major Accident Hazards (COMAH) as by scoring the acute toxicity to the hydroecology, the
its safety control system reflecting the EU’s Seveso chemical substance’s volume, concentration, viscosity,
II Directive14. COMAH Schedule 1 targets business solubility, and the status of the nearby environment20,21.
sites with a certain amount of toxic substances and Spain’s Environmental Risk Analysis calculates and
requires them to submit a safety report every 5 years. evaluates an environmental risk index by multiply-
The report requires the submission of evidence sup- ing accident frequency and the environmental effects
Mol Cell Toxicol (2017) 13:361-371 365

when considering accident scenarios3 (Table 1, Eq.

potential accident effects


- ‌Use as a tool to support
1). The environmental impact score is calculated by

materials and facilities


the implementation of

- ‌Identify first managed


possible accidents to
adding the scores for each component, leak source,

accident prevention
Utilization plan

- ‌Check risk ranking

- ‌Screening tools for


amount of release, presence of a control system, leak

the environment
- ‌Identification of

- ‌Prioritization of
route, vulnerable receptors, etc. The leak source score
is calculated by doubling the weight of the toxicity of

programs
the handled substance (1-10 points), volatility accord-

sites
ing to the physiochemical characteristics (1-5 points),
absorbency (0-2 points), bioaccumulation (0-2 points),
and biodegradability (0-2), and then adding the leak

- ‌Determine risk level through index


score (Eq. 2). The accident frequency differs according

- ‌Determine accident severity rating

- ‌Determine the index based on the


score corresponding to each data
- ‌The index is classified into three
to the quantitative risk analysis. If a quantitative risk

- ‌Calculating environmental risk


based on chemical toxicity and

frequency and effect based on


index by multiplying accident
grades, and further analysis is
with evaluated toxicity index
- ‌Assessment of toxicity index
analysis cannot be performed, a differential score is

environmental vulnerability
assigned according to accident frequency (1-5 points)
to calculate the risk index3.

Method

accident scenarios
 nvironmental Risk Index
E
= Frequency × Environmental Impact Score (Eq. 1)
Leak Source

decided
= (Physical-Chemical Characterization Score × 2)
+ Amount of Release (Eq. 2)
Thus, European countries have developed environ-

- ‌Characteristics of the surrounding environment


mental impact indexes that enable screening when a
chemical accident occurs, and they have established

- ‌Concentration, viscosity and solubility of


- ‌Amount of chemicals stored / transported
Table 1. The effect assessment for chemical accidents in the Czech Republic, Sweden, and Spain3.

various action plans for using the index on site. On the


- ‌LC50, LD50 data of chemical substances

other hand, although Korea performs initial risk evalu-

- ‌Acute toxicity to aquatic organisms


ations for chemical substances, those evaluations focus
- ‌Physical properties of chemicals

on risks to the human body and environment. It has a


Required data

shortage of evaluation techniques that can practically


assess the influence of a leak when a chemical acci-

- ‌Pathway of exposure
- ‌Material information

- ‌Vulnerable receptors
dent occurs. Therefore, Korea must design an impact
chemical substances
- ‌Leakage of material

- ‌Accident frequency
evaluation technique that suits the country’s circum-

- ‌Control system
stances and develop a method that can quickly and
easily screen the environmental impact of a spill. - ‌Leak volume

Dispersion model for toxic chemical substances


The Chemical Substance Control Act in Korea requires
an OTC Impact Assessment Report and RMP as a way
Water environment

Aquatic ecosystem

of preventing chemical accidents and minimizing their


Soil environment
environment

(Surface water,
Evaluation

Environmental

damage. The Korea Off-Site Risk Assessment Sup-


groundwater)

environment

porting Tool (KORA), a general-purpose program, has


Biological

been developed to help business owners prepare those


effect

documents more efficiently and conveniently. KORA


is based on the items required in the reports and fol-
lows the OTC Impact Assessment Report procedure.
Environmental-
Accident Index

Environmental

It includes general matters about the business site and


Risk Analysis
Vulnerability

information about the toxic chemicals being handled,


Hazard and
Name

facility processes and equipment, the region around


Index

the business site, the protection targets, and climate in-


formation, as shown in Figure 4. Moreover, risk is an-
alyzed after selecting scenarios based on the risk fac-
Sweden
Nation

tors for the target facilities. Worst-case accident types


Czech

Spain

evaluate the potential scope of influence on the regions


366 Mol Cell Toxicol (2017) 13:361-371

Figure 4. KORA program flowchart.

around the business site, and a suitable alternative sce- Impact Assessment. But each has its own advantag-
nario is applied to propose a plan to secure the safety es and disadvantages. KORA’s advantage is that it
of the business site22. automatically evaluates risk according to the circum-
The risk management planning system in Korea has stances entered for each item and completes scenarios
benchmarked the RMP from the United States and is for each accident type, but it remains difficult for the
similar to related systems. The United States includes general public to use because it requires professional
the OTC Impact Assessment Report in the RMP and knowledge and discretion (information on chemical
determines the end distance of release from regions substances, manual designation of protection targets,
around the business site by evaluating the potential etc.). The existing ALOHA program requires higher
risks of substances and analyzing the worst-case and expertise because it was built from a U.S.-based data-
alternative release scenarios. The prepared RMP is base24. Moreover, it has some limitations in analyzing
submitted online through an electronic submission the OTC Impact Assessment Report because environ-
system (RMP*eSubmit) provided by the EPA. Simi- mental factors (geographic changes, stable atmospheric
lar to Korea’s KORA program, the EPA and National conditions, and low wind velocity) and chemical sub-
Oceanic and Atmospheric Administration of the Unit- stance variables (chemical reactions, granular chemical
ed States have jointly developed the Areal Location of substances, and mixtures) are not considered, as ex-
Hazardous Atmospheres (ALOHA) program, which plained on the first screen of the ALOHA program.
is a convenient model that evaluates quantitative risk Evaluating the dispersion of leaked chemical sub-
by showing the dispersion of toxicity from the area of stances through environmental media is important
a leak’s influence23. Figure 5 shows the configuration when analyzing a chemical substance’s OTC impact.
of the ALOHA program, in which the location of the The dispersion and flow of chemical substances must
business site, information on chemical substances, at- be assessed in light of both the dispersion model and a
mospheric conditions and climate data, leak risk factor receptor model for the atmosphere. Among the disper-
facilities (direct leak, puddle, tank, gas pipes), and sce- sion models, the Gaussian plume model comes with
narios by accident type (leak, fire, explosion) are en- the disadvantage of being unable to consider chemical
tered to show (on a map) the expected range of damage reactions, instead assuming a normal status in which
in regions near the business site. the amount of release and climate conditions do not
Korea’s KORA and the United States’ ALOHA share change over time. The Lagrangian model is divided
similarities; they are both tools for analyzing the OTC into the Lagrangian particle dispersion model, which
Mol Cell Toxicol (2017) 13:361-371 367

Figure 5. ALOHA program flowchart.

considers pollutants released into the air as particles Chemical substance management system
and calculates the concentration by tracking their loca- improvement plan through a comparison of domestic
tion, and the back trajectory model, which back tracks and overseas chemical substance management
the movement of pollutants using wind direction and systems
velocity25.
The CALPUFF model developed by the U.S. EPA Domestic and overseas chemical substance manage-
considers the amount of wind over time, changes in ment systems (Table 2) all face the issue of redundancy
wind velocity, wind direction, regional differences in in the content that must be written. The main contents
wind velocity, and changes in puff release over time. of the RMP, process safety report, and safety improve-
However, it fails to consider chemical reactions in the ment plan differ in name only. A considerable portion
atmosphere, making it unfit for substances that are of the content written in the RMP and process safety
reactive in the ozone26. On the other hand, the recep- report can be connected together. Some of the content
tor-oriented model evaluates a pollutant’s contribution regarding process safety materials in the risk manage-
to overall pollution after analyzing its characteristics ment plan and process safety report are repetitive aside
at the target, and it has the advantage of being able to from “plan for installing local ventilation system” and
verify a secondary source. However, it requires much “emission treatment design standard and itemization”.
time and expense because the pollutants must first be Most of the content in the process safety management
measured and analyzed27. report that is submitted to the Occupational Safety and
Although ALOHA is being applied to domestic cas- Health Administration (OSHA) is also included in the
es to analyze the effects of chemical substances (BTX, risk management plan that is submitted to the EPA,
hydrofluoric acid, hydrochloric acid, etc.) released and since this information can be shared with the EPA,
from business sites (semiconductors and petrochemis- the process safety management report does not need to
try), the program must be improved to achieve higher be submitted to the OSHA35,36.
precision and consider various environmental variables The RMPs in the United States and the EU’s Seve-
for a more realistic assessment28-31. so III Directive require only short answers and simple
numbers for the presented items, which contrasts with
368 Mol Cell Toxicol (2017) 13:361-371

the descriptive reports required in Korea. In exchange

③ ‌Accident prevention policy and safety related system

‌ mall/medium corporations: Simple record of basic


for submitting a simple report, companies in the Unit-

⑤ ‌Provide citizens with information during LUP and


ed States and EU must generate detailed supporting
data and store them at their business sites13. Therefore,
Korea should improve its system to simplify chemical

④ ‌Risk indication system through GHS


substance management reports, as in the United States
① ‌Chemical accident reporting system
Seveso Ⅲ Directive34

‌ ajor corporations: Fault approach


⑥ ‌Strengthen accident investigation
and EU, while strengthening the content and man-
agement of data stored at the actual business sites. In

COMAH implementation

Online entry and submission


Substance Groups (21 types)
Single Substances (48 types)

addition, some items in the OTC Impact Assessment


Report and RMP (required by the Chemical Substance
Control Act) are repeated in the process safety report
required by the Occupational Health and Safety Act
② Land use plan
European Union

(Table 3). Those redundancies should be eliminated


Overseas

through information sharing between agencies3.


status
Second, in terms of the effectiveness of legal sanc-
-M

tions for chemical substance management in Korea and


-S

other countries (Table 4)6,37-40, the Chemical Substance


Combustible Substances (63 types)

Control Act in Korea charges a fine if the RMP is not


⑤ ‌Prevention programs 2 and 3
Risk Management Plan12,34

⑥ ‌Emergency countermeasure
U.S. Environmental Protection

submitted or if it contains false information, and penal-


Online entry and submission
Toxic Substances (77 types)

izing provisions are in place for a failure to submit the


③ ‌Combustible substance
④ ‌5-year accident cases

reports required by the Occupational Safety and Health


Act, High-Pressure Gas Safety Control Act, and Safe-
② Toxic substance

- ‌Simple numbers
- ‌Short answers

ty Control of Dangerous Substances Act. However, no


① Basic status

- ‌Data entry

direct penalizing provisions are in place for failure to


program

submit an OTC Impact Assessment Report.


Agency

LUP in Europe has similarly indirect penalizing


provisions. Although the systems used in Korea and
Industry, and Energy
Table 2. Comparison of domestic and overseas chemical substance management systems.

Safety Improvement

the United Kingdom are similar in their use of indi-


② ‌Safety evaluation
High-Pressure Gas

③ ‌Safe operations
Ministry of Trade,

① ‌Process safety

rect regulations, the land use plan in the United King-


④ ‌Emergency
action plan

dom includes 48 single substances and 21 substance


Plan33

groups41, whereas more than 930 substances are sub-


Hazardous Risk Substances (51 types) Facilities

plan
data

ject to reporting via an OTC Impact Assessment Re-


port in Korea42. Also, the OTC Impact Assessment
report in Korea is submitted at a different time in the
Ministry of Employment and Labor

LUP process than in the United Kingdom. Thus, the


Korean chemical substance management system is a
Process Safety Report32

stronger system than the one used in the United King-


action plan
risk evaluation

dom.
operations plan
Korea

safety data

Third, improvements must be made to the risk anal-


ysis method used for the OTC Impact Assessment
Target Sectors (7)

④ Emergency

Report. Domestic circumstances must be reflected in


plans that objectively assess the number of residents
① Process
② Process
③ Safe

and workers at risk in an accident, in addition to acci-


dent frequency. Therefore, an analysis method more
‌
‌
‌
‌

stringent than the low-level quantitative risk analysis


Substance (97 types)

② ‌Safety evaluation
Risk Management

technique must be proposed, or a different alternative


③ ‌Safe operations
① ‌Process safety

altogether must be presented. Moreover, because the


Accident Prone

Submission In-person visit


④ ‌Emergency
action plan
Environment
Plan6

OTC Impact Assessment Report focuses on a chemi-


Descriptive
Ministry of

cal’s influence on the human body6,8, a detailed impact


plan
data

assessment plan must also be established for the envi-


ronment. The domains of the OTC Impact Assessment
Report must be expanded to achieve the goal of resi-
Institution
Managing

Substance

Method2
Prepare2

dent protection through legislation and public notice


Content

How to
Target

Main

amendments.
Mol Cell Toxicol (2017) 13:361-371 369

Table 3. Comparison of report items for chemical substance management in Korea8,9,35.


Process Safety Report35 OTC Impact Assessment Report8 Risk Management Plan9
1. Business Overview Ⅰ. 1. Business
‌ Site and Handling 1. Business Site and Handling Facility Overview
Facility Overview
2.1 Toxic/Risk Substance Data Ⅰ. 2. List
‌ of Toxic Chemical 2. ‌List of Toxic Chemical Substances and Volume
Substances and Amount Handled
Handled
2.2 ‌List and Itemization of Toxic/ Ⅰ. 3. List
‌ and Itemization of 3. ‌List of Handling Facilities, Status of Control
Risk Facility Handling Facilities Facilities, and Equipment in Possession
2.3 Process Diagram Ⅰ. 4. Process
‌ Information and 4. ‌Matters Regarding Process Safety of Facilities
Operational Procedures Handling Accident-Prone Substances
2.4 Building Facility Placement Ⅰ. 5. ‌Handling Facilities and Nearby 3. ‌List of Handling Facilities, Status of Control
Region Location Information Facilities, and Equipment in Possession
Ⅱ. 4. Safety Security Plan
2.5 ‌Explosion Risk Regions and 4. ‌Matters Regarding Process Safety of Facilities
Electrical Single Line Diagram Handling Accident-Prone Substances
2.6 ‌Safety Design and Installation
Guidelines
3. Process Risk Evaluation Ⅱ. 1. Process Risk Evaluation 4. ‌Matters Regarding Process Safety of Facilities
Handling Accident-Prone Substances
4. Safe Operations Plan Ⅰ. 4. Process
‌ Information and 4. ‌Matters Regarding Process Safety of Facilities
Operational Procedures Handling Accident-Prone Substances
Ⅱ. 4. Safety Security Plan 6. ‌Education/Training for Chemical Accidents and
Self-Inspection Plan
11. ‌Action Plan for Minimizing, Eliminating, and
Restoring Damage from Chemical Accidents
12. ‌Other Matters Related to Safety Management of
Accident Prone Substances
5. Emergency Action Plan 7. ‌Emergency Contact System and Safety Management
Organization Upon Chemical Accident
8. ‌Emission/Leakage Scenarios and Emergency Action
Plan for Chemical Accidents

Table 4. Comparison of domestic and overseas penalizing provisions upon failure to submit OTC Impact Assessment Report6,37-40.
Legislation System Name Penalizing Provision
Chemical Substance OTC Impact Assessment Report Those who use or handle toxic chemical substances without
Control Act6 receiving approval for a toxic chemical substance business
or receiving approval through false means will be subject to
imprisonment for up to 5 years or a fine of up to 100 million
won.
Chemical Substance Risk Management Plan Those who fail to submit a Risk Management Plan or submit
Control Act6 one through false means will be subject to imprisonment for up
to 5 years or a fine of up to 100 million won.
Occupational Safety and Process Safety Report Fine of up to 10 million won upon failure to submit a Process
Health Act37 Safety Report
High-Pressure Gas Safety Safety Improvement Plan Those who fail to submit a Safety Improvement Plan will be
Control Act38 subject to imprisonment for up to 1 year or a fine of up to 10
million won.
Safety Control of Dangerous Prevention Provisions Fine of up to 15 million won upon failure to submit Prevention
Substances Act39 Provisions.
Planning Land Use Plan Those who operate toxic substance facilities without permission
(Hazardous Substances) or use more than the approved volume of toxic substances will
Act 199040 be charged a fine of £20,000 upon a summary indictment or
fine upon prosecution.
370 Mol Cell Toxicol (2017) 13:361-371

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