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Industry and Association News

(ACC Mentioned) Top Industry Groups' Merger Talks Spark Concerns -- Sources
Sep 9, 2015 | E&E Daily
By Hannah Northey

The American Petroleum Institute and America's Natural Gas Alliance are steeped in ongoing merger talks, according to industry sources, causing consternation over the future of employees at ANGA and the loss of what some say is a "pure gas voice" in the industry.
(ACC Mentioned) US July PP Exports Rise on More Shipments to Mexico
Sep 8, 2015 | ICIS News
By Lane Kelley

US July polypropylene (PP) exports rose again year on year from more shipments to Mexico, according to data obtained on Tuesday from the US International Trade Commission (ITC).
(ACC Mentioned) Diesel Oil Upgrades Are on the Way
Sep 8, 2015 | Pickup Trucks
By Peter A. Hubbard

We recently had the chance to visit with Shell Oil engineers and the Southwest Research Institute in San Antonio to find out about the upcoming federally mandated fuel economy and carbon dioxide regulations for commercial trucks and the resulting new oil technologies. These strict changes will require new types of oil for big and little diesel engines.

Chemical Management News

Gore-Tex Company Seeks Alternative Water Repellent Materials
Sep 9, 2015 | Chemical Watch
By Kelly Franklin

Outdoor clothing brand, WL Gore & Associates, is investing $15m in research to find alternative durable water repellent (DWR) materials.
Health Care Facilities Shouldn't Flush Drugs: Lawyer
Sep 9, 2015 | BNA Daily Environment Report
By Pat Ware

Health-care facilities should ensure that their current waste management practices are in compliance with existing regulations and begin to transition away from flushing pharmaceutical waste in light of an upcoming Environmental Protection Agency rule to manage such waste, an attorney told Bloomberg BNA Sept. 8.
California to Put Four Pesticides on Cancer List
Sep 9, 2015 | BNA Daily Environment Report
By David Schultz

California's impending decision to place on its list of carcinogenic chemicals four widely used pesticides—including Monsanto's glyphosate, the most widely used pesticide in the country—has uncertain ramifications for the state's agriculture industry.
UN to Hold Webinars on ICCM4 and POPs Committees
Sep 9, 2015 | Chemical Watch

The Secretariat of the UN Basel, Rotterdam and Stockholm Conventions has announced two briefing webinars for September. They will discuss:
OECD Issues Guidance on Nanomaterials Safety
Sep 9, 2015 | Chemical Watch

The OECD has published the latest in its series of publications on the safety of manufactured nanomaterials:
EU Amends Benzene Restriction for Natural Gas Sales
Sep 9, 2015 | BNA Daily Environment Report
By Stephen Gardner

A restriction on benzene imposed under the European Union's REACH regulation will be relaxed for natural gas delivered to consumers, according to a European Commission regulation published in the EU Official Journal.

Chemical Security News

The World Must Cooperate to Make Cyberspace Safe
Sep 9, 2015 | The Hill - Congress Blog
By Jim Hietala, John Suffolk, Sami Nassar and Bruce McConnell

Cyberspace has become a critical component of business and government everywhere. Both the public and private sectors now need a reliable and predictable digital environment to thrive. While it is clear that the Internet creates enormous economic and social benefits, this global marketplace can at times be perilous.
ECHA Publishes Guidance on Chemical Safety Reports
Sep 9, 2015 | BNA Daily Environment Report
By Stephen Gardner

The European Chemicals Agency published guidance Sept. 7 on the preparation of chemical safety reports by companies that use in their products substances that are subject to registration under the European Union's REACH law (Regulation No. 1907/2006 on the registration, evaluation and authorization of chemicals).

Energy and Environment News

House Subcommittee Sets Vote on Lifting Oil Export Ban
Sep 8, 2015 | PoliticoPro - Whiteboard
By Darren Goode

The House Energy and Power Subcommittee will vote Thursday on a bill to lift the 40-year-old crude oil export ban.
House Subcommittee Expected to Approve Crude Export Bill
Sep 9, 2015 | BNA Daily Environment Report
By Ari Natter

A House Energy and Commerce subcommittee will vote Sept. 10 on legislation that would end the 40-year-old ban on most crude oil exports, as the chamber prepares to bring the measure to the floor later this fall.
Drilling NSPS 'Modification' Definition Could Capture Some Existing Wells
Sep 8, 2015 | Inside EPA
By Bridget DiCosmo

EPA's proposed oil and gas sector new source performance standards (NSPS) that would set first-time limits on the greenhouse gas (GHG) methane includes a draft definition of an emissions source "modification" that appears broader than its current drilling air rules and could capture some existing wells even though the rule targets new sources.
Senate Task Force to Tout Clean Power Plan
Sep 9, 2015 | E&E Daily
By Daniel Bush

Senate Democrats and environmental leaders will gather on Capitol Hill tomorrow to tout U.S. EPA's Clean Power Plan amid a growing backlash from Republican lawmakers and states opposed to the newly finalized rule.
McConnell: ‘Battle Continues’ Against Power Plant Regs
Sep 8, 2015 | The Hill - E2 Wire
By Devin Henry

Senate Majority Leader Mitch McConnell (R-Ky.) has vowed to continue his fight against the Obama administration and environmental regulators over their new climate rule for power plants.
McConnell to ‘Keep Up the Fight' Against Carbon Rules
Sep 9, 2015 | BNA Daily Environment Report
By Anthony Adragna

President Barack Obama “won't get the last word” on climate change, and the Senate will pursue all opportunities to block implementation of the Environmental Protection Agency's plan to reduce carbon dioxide from power plants, Senate Majority Leader Mitch McConnell (R-Ky.) said in a constituent newsletter Sept. 8.
Back to 'Wait Mode' on KXL -- Hoeven
Sep 9, 2015 | E&E Daily
By Manuel Quiñones

Sen. John Hoeven (R-N.D.) says the upcoming Canadian elections may have made the White House reconsider releasing a decision on the Keystone XL oil pipeline from Canada this summer.
Coal Group Warns Clinton on Climate Rule
Sep 8, 2015 | E&E News PM
By Manuel Quiñones

One of the coal industry's top lobby groups is warning candidates -- particularly Democrat Hillary Clinton -- against supporting President Obama's climate agenda.
We Need Lawmakers Who Will Fight for a Clean Environment
Sep 8, 2015 | The Hill - E2 Wire
By Heather Zichal

After serving as President Obama’s top adviser on climate and energy policy at the White House, I am optimistic about our country's ability to lead a global effort combating climate change.
Climate Change: Seven Indisputable Facts
Sep 9, 2015 | The Hill - Congress Blog
By Rep. Lamar Smith (R-Texas)

President Obama last week visited Alaska to preach about the inevitable doomsday scenarios the world will face if Americans fail to embrace his extreme climate change agenda. Like all climate alarmists, the president wants Americans to believe there is no uncertainty about climate change. They pretend to know exactly how much human actions contribute to the changing climate. By denying any uncertainty, their goal is to shut off debate. ‘Just trust us. We know what’s best for you.’
OMB Sets Six Meetings on Ozone Standards
Sep 9, 2015 | BNA Daily Environment Report
By Patick Ambrosio

The White House Office of Management and Budget will meet with advocacy groups at least six times during the next two weeks to discuss the Environmental Protection Agency's final decision on the national ambient air quality standards for ozone.
Arguments Over EPA Particulate Rule Set for Nov. 6
Sep 9, 2015 | BNA Daily Environment Report
By Patrick Ambrosio

A federal appeals court will hear oral arguments Nov. 6 over the legality of the Environmental Protection Agency's implementation rule for the 1997 and 2006 national ambient air quality standards for fine particulate matter (WildEarth Guardians v. EPA, D.C. Cir., No. 14-1145, oral arguments scheduled 9/4/15).
Oil Industry Slashes Lobbying Spending Amid Downturn
Sep 9, 2015 | BNA Daily Environment Report
By Isaac Arnsdorf

As Americans fueling up at the pump find some relief with lower gas prices, they may not recognize another effect of the plummeting price of oil.
Carbon Allowance Price May Hit Milestone at RGGI Auction
Sep 9, 2015 | BNA Daily Environment Report
By Gerald B. Silverman

The price of carbon allowances sold by the Regional Greenhouse Gas Initiative could approach or hit a key milestone Sept. 9 when RGGI holds its first quarterly auction since the Environmental Protection Agency released its final Clean Power Plan.
Rich Nations Claim Progress in Climate Finance Goal
Sep 9, 2015 | BNA Daily Environment Report
By Rick Mitchell

Wealthy countries are making progress toward the crucial goal of raising $100 billion in climate finance for developing countries by 2020, but more transparency and a better calculation method is needed, 18 countries and the European Commission said after meeting in Paris.
Progress Seen on Environmental Chapter for TPP
Sep 9, 2015 | BNA Daily Environment Report
By Rossella Brevetti

Trans-Pacific Partnership countries at the last trade ministerial meeting determined a path forward on outstanding issues, the Office of the U.S. Trade Representative said, putting a more positive tone on reports that negotiators had failed to conclude their talks as expected.

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Industry and Association News

(ACC Mentioned) Top Industry Groups' Merger Talks Spark Concerns -- Sources

Sep 9, 2015 | E&E Daily

By Hannah Northey

The American Petroleum Institute and America's Natural Gas Alliance are steeped in ongoing merger talks, according to industry sources, causing consternation over the future of employees at ANGA and the loss of what some say is a "pure gas voice" in the industry.
One industry consultant said the merger appeared to show API in the driver's seat, while other sources said a deal that combines the nation's largest oil and gas industry groups would strengthen the hand of API President and CEO Jack Gerard.
"I'd say it's less of a merger than an acquisition, but ANGA was never going to be in the empire-building business anyway," the consultant said.
The consultant also said the merger makes sense in light of ANGA's accomplishments under CEO Martin Durbin's leadership.
Durbin in 2013 went to ANGA from API, where he served as executive vice president of government affairs. He had also worked at the American Chemistry Council, which represents the interests of major U.S. chemical makers (EnergyWire, March 27, 2013).
"You can actually argue that under Marty's leadership, they've achieved a lot of what they set out to accomplish, even with commodity prices in the tank. So I don't think anyone's overly surprised by this," the consultant said.
But financial incentives may also underpin the discussions.
The drop in oil and gas prices has left ANGA's members with little funding to spare on lobbying efforts. Of the 14 companies listed on its website that report earnings independently, only two made a profit in the second quarter. The other 12 lost money during the quarter, including well-known names such as Chesapeake Energy, Range Resources and Devon Energy.
Another industry source expressed concern that joining the two groups could dilute the "pure gas voice" if ANGA is folded into API. But the source said the potential merger wouldn't affect the loud call for export of domestic gas, which has already received a warm welcome on Capitol Hill.
"ANGA members are pretty much pure gas," the source said. "You lose a little bit when you lose an office full of people that are talking about the virtues of gas, gas abundance, gas issues every day and all day."
A spokesman for ANGA declined to comment on the rumored merger, as did a spokesman for API.
"In the current price environment, API's members are focused on improving efficiencies," API spokesman Carlton Carroll said in an email. "API and ANGA have a history of collaborating on issues of importance to U.S. natural gas producers and we expect that will continue. We have no comment on internal organization discussions."

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(ACC Mentioned) US July PP Exports Rise on More Shipments to Mexico

Sep 8, 2015 | ICIS News

By Lane Kelley

US July polypropylene (PP) exports rose again year on year from more shipments to Mexico, according to data obtained on Tuesday from the US International Trade Commission (ITC).
PP shipments to Mexico accounted for all of the increase and then some, rising almost 9%. In the first six months this year, PP exports accounted for about 6% of total North American production, according to data from the American Chemistry Council (ACC).
US PP imports represented only a fraction of exports and not quite 1% of total production. Increased shipments from four sources – Israel, Colombia, Belgium and Canada – covered 86% of the import gain.
Major North American PP producers include LyondellBasell, ExxonMobil, INEOS, Total, Formosa, Braskem Americas, Pinnacle Polymers, Phillips 66 and Flint Hills Resources.

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(ACC Mentioned) Diesel Oil Upgrades Are on the Way

Sep 8, 2015 | Pickup Trucks

By Peter A. Hubbard

We recently had the chance to visit with Shell Oil engineers and the Southwest Research Institute in San Antonio to find out about the upcoming federally mandated fuel economy and carbon dioxide regulations for commercial trucks and the resulting new oil technologies. These strict changes will require new types of oil for big and little diesel engines.
Four years ago a consortium of industry parties put together a committee that's sole purpose was to research and develop new categories and standards for the next generation of diesel lubricants to be marketed in North America known as Proposed Category 11, or PC-11. The committee consists of representatives from the American Petroleum Institute, the American Chemical Council, the Engine Manufacturers Association, the Society of Automotive Engineers and ASTM International.
The new lubricants are set to go on sale in the U.S. by October 2016, a little more than a year from now. Because of that, about 90 percent of the work being done by the fuels and lubrication group at the Southwest Research Institute is specifically focused on PC-11 research.
"All the major oil and lubrications firms worldwide have been working to develop and test new diesel engines oils, using the standards and protocols set up under the PC-11 development program," said Jim McCord, managing supervisor of heavy-duty engine testing. "Testing is also being done worldwide, including places in Europe, Asia and South America. Some is being done at private labs, but the majority of the testing is being done right here in Texas."
In addition to touring the Southwest Research Institute, we visited to a nearby Freightliner dealership, a portion of which had been turned into a diesel engine forensics lab. Inside we saw several truck engines that had been removed and disassembled in order to see how well the preproduction PC-11 motor oils held up during some punishing over-the-road testing. Engine tear downs were conducted by a team of Shell engineers to evaluate the wear patterns on a wide variety of engine parts to figure out just how well the new motor oils performed.
From all indications, Shell's products performed incredibly well.
"Consumers will be able to buy the same viscosity grades and oil types [conventional, full synthetic and synthetic blend] they use now, since they've been formulated to be completely 'backwards compatible' for use in all current vehicle engines," said Dan Arcy, Shell's chief engineer. "During fleet testing Shell recorded modest, but genuine, fuel economy gains, typically in the 1 to 2 percent range. This was especially true for trucks that switched from using conventional oil currently to a new PC-11A synthetic or synthetic blend."
"While that may not seem like much of an improvement, it saves the average commercial truck driver 200 gallons of fuel a year, or roughly $600," said Arcy, noting that single change alone could save the industry more than $3 million a day. "In addition to the fuel savings, it also means about 4,000 tons of CO2 will wind up being removed from the atmosphere each year, which is the equivalent of taking 23,000 big rigs off American roads."
Arcy suggested that for most light-duty diesel pickups the PC-11B oils will probably be more appropriate, coming later in 2017. However, both oils — PC-11A and PC-11B — are required to pass the same enhanced battery of engine protection tests and meet the same new standards.
According to McCord at Southwest Research Institute, the current PC-11 testing involves only heavy-duty truck engines in the 10.0- to 13.0-liter category. "But I'm certain that the next time the industry undertakes a similar revision in diesel lubricants, just three or four years from now, the smaller diesel engines under 7 liters, like the Ram Cummins, Ford's Power Stroke and GM's Duramax, will all be included," he said.
McCord acknowledged the fuel economy impact of PC-11 oils for diesel pickup owners will probably not be as great as it is for commercial trucks, since even heavy users drive only 30,000 to 40,000 miles a year rather than the 125,000 to 200,000 miles commonly logged by commercial truck drivers. However, he did point to some important "trickle-down" benefits from the testing.
"For the average diesel pickup owner this will translate into slightly better fuel economy over time and improved oxidation stability — meaning cleaner emissions, fewer engine deposits and less engine wear," McCord said. "These new oils will allow pickup owners to run their trucks for longer periods of time at higher temperatures with no danger of damage, and nearly double their oil change intervals from 5,000 miles to 10,000, depending on manufacturer recommendations. These trials prove the next generation of diesel oils will be especially beneficial for those towing large trailers, boats, campers or RVs on a regular basis."

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Chemical Management News

Gore-Tex Company Seeks Alternative Water Repellent Materials

Sep 9, 2015 | Chemical Watch

By Kelly Franklin

Outdoor clothing brand, WL Gore & Associates, is investing $15m in research to find alternative durable water repellent (DWR) materials.
The company aims to find alternatives to the short-chain perfluorinated chemicals (PFCs), currently used in its fabrics.
According to Bernhard Kiehl, leader of Gore Fabric's sustainability programme, both fluorinated and non-fluorinated materials will be considered in its new DWR initiative.
Gore, the manufacturer of Gore-Tex(R) fabric, has been exploring alternative DWR treatments since 2013, amid concerns about PFCs (CW 4 March 2015).
Long-chain PFCs are the subject of an EPA action plan and have been voluntarily phased out by many companies (CW 21 January 2015). However, debate continues over the environmental and human health effects of short-chain PFC alternatives (CW 7 May 2015).
US-based NGO, the Environmental Working Group (EWG), said that “EPA records contain disturbing indications that some of the new [short-chain] PFCs are as hazardous as their predecessors.”
However, Mr Kiehl said: “We disagree with claims that short-chain PFCs are harmful", provided they are used "responsibly".
He noted that Gore's materials are not significant sources of PFCs in the environment and that the company goes “to great lengths” to avoid their emissions, through the use of environmental control methods.
The company claims to have been among the first, in the outdoor industry, to completely eliminate perfluorooctanoic acid (PFOA) - a long-chain PFC - from raw materials used in the manufacturing process.
However, non-fluorinated polymer solutions, including hydrocarbon and wax-based technologies, have not yet met the company's durability standards, it says.
“During our tests, the non-fluorinated DWR treatment completely failed after only a short time of field use,” said John P Cusick, Gore's global business leader of consumer garments.
Several major fashion brands – including Adidas, Puma and H&M – have pledged to phase out PFCs (CW 23 March 2015, CW 18 December 2014, CW 6 September 2012).
However, outdoor brands have been “noticeably absent” in committing to initiatives like the Zero Discharge of Hazardous Chemicals (ZDHC), according to the EWG.
The Greenpeace Detox campaign has called on textile companies to “urgently phase out any use and discharge” of PFCs, due to their persistence, bio-accumulation and toxicity (CW 23 April 2015).
According to the EWG, textiles account for half of US consumption of PFCs. The compounds are also used in non-stick cookware, food packaging, and in a variety of industries for their friction-reducing properties.

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Health Care Facilities Shouldn't Flush Drugs: Lawyer

Sep 9, 2015 | BNA Daily Environment Report

By Pat Ware

Health-care facilities should ensure that their current waste management practices are in compliance with existing regulations and begin to transition away from flushing pharmaceutical waste in light of an upcoming Environmental Protection Agency rule to manage such waste, an attorney told Bloomberg BNA Sept. 8.Jonathan Wells, a partner in Alston & Bird's Environment, Land Use & Natural Resources Group, said the agency's Aug. 31 proposed pharmaceuticals rule indicates a renewed focus by the EPA on its compliance monitoring and enforcement of the Resource Conservation and Recovery Act regulations relating to pharmaceuticals.Wells made his comments on a proposed rule that defines how companies in the health-care sector identify and manage waste. At the same time, the EPA proposed a rule that would give generators of hazardous waste more flexibility in managing waste .The proposed pharmaceutical rule's ban on discharging hazardous waste pharmaceuticals to sewer systems is widely supported and will likely be included in the final rule without much change, Wells said in an e-mail. Alston & Bird represents hospitals and other health-care facilities, pharmaceutical reverse distributors and drug manufacturers, he said.“The proposed rule is a welcomed relief to much of the industry,” he said.If finalized as proposed, both rules “will remove traditional manufacturing-based hazardous waste generator requirements that have been inappropriate for the healthcare sector, changing regulations that have been in place for decades,” he said in a Sept. 8 media statement.Review Accumulation LimitElise Paeffgen, a senior associate with the same Alston & Bird group, told Bloomberg BNA that pharmaceutical reverse distributors and pharmaceutical manufacturers also need to carefully review whether the 90-day maximum on-site accumulation limit and the limit of three transfers for potentially creditable pharmaceuticals mesh with manufacturer return policies and industry practices and consider commenting on the proposed rule. Pharmaceutical reverse distributors are entities that receive non-dispensable pharmaceuticals and process them for credit, she said in an e-mail.The EPA also is soliciting comments on how to identify additional pharmaceuticals as hazardous, and the pharmaceutical industry should consider proposing “a methodology based on sound science that is appropriately tailored for pharmaceuticals,” she said.Companies also should consider the impact of the proposed rules on a state level, as states will have the option to retain or add elements that are stricter or broader in scope than the proposed federal rules, Paeffgen said in a media statement. “While the proposed rules do much to ease compliance burdens and level the playing field, the uncertainty of state-by-state regulation in this area remains,” she said.In the e-mail, Paeffgen said the proposed rule doesn't include a strong preemption provision, which would greatly benefit regulated entities operating across multiple states, such as pharmacies, health-care networks and pharmaceutical reverse distributors.“Under the proposed rule, states have the option of adding elements to their programs that are more stringent or broader in scope than the new proposed rule. Instead, a level playing field nationwide would ease implementation through uniform application of federal law,” she said.Point of Waste GenerationThe EPA's position in the proposed rule that the point of waste generation is at a health care facility may have unintended consequences, Paeffgen said. While the proposal allows transport of a “potentially creditable hazardous waste pharmaceutical” by common carrier, common carriers, in their terms and conditions of service, may limit or restrict shipment of waste, and some states require solid waste transporters to be licensed, she said.Deeming a pharmaceutical as a “waste” before it is sent to a reverse distributor imposes an additional obligation on health-care facilities—to find an appropriate common carrier—which is a consequence not addressed in the proposed rule's preamble, Paeffgen said.Further, this changed position may create an unwarranted “waste” stigma for dietary supplements and over-the-counter drugs that often are regarded as consumer products—but considered as “pharmaceuticals” under the proposed rule—and which retailers donate or liquidate through a reverse logistics provider, she said.“Often, pharmaceuticals returns are held for aging by a pharmaceutical reverse distributor under a manufacturer's policy, or if they are the subject of a recall of litigation,” Paeffgen said. “These situations are commonplace, and should be carved out of the 90-day maximum on-site accumulation limit, rather than allowed on a case-by-case extension basis that must be requested of EPA.”Regulatory Burdens ExpectedPaeffgen said pharmaceutical reverse distributors will be most affected by the rule and may challenge small portions that increase regulatory burdens, such as the 90-day maximum on-site accumulation limit, 21-day evaluation period and continuing inventory period.Steve Via, regulatory affairs manager for the American Water Works Association, told Bloomberg BNA his organization believes the proposed rule promotes collaboration among regulators, industry and utilities, which is the best way to protect sources of drinking water.“There's a good deal we don't know about pharmaceuticals at concentrations found in the environment, especially at the very low levels you might see in drinking water. We think it's prudent to take reasonable steps to prevent dumping of pharmaceuticals into waterways,” he said. “It's simply common sense.”While the rule doesn't address the actual flushing of pharmaceuticals at home or by patients, AWWA thinks it's important to encourage drug take-back programs more broadly in communities beyond what is captured in the proposed rule, Via said.“Hopefully the proposed rule can help make those kinds of programs happen more smoothly, as well,” he said.Hazardous Waste ManagementJohn Norton, director of public affairs for the National Community Pharmaceutical Association, told Bloomberg BNA, “In reviewing the proposed rule, we appreciate the agency's recognition that pharmacists are not well-versed in the management of hazardous waste and the associated regulations.”“We understand that certain parts of the rule are being revised to address the specific needs of pharmacies and other healthcare-related facilities, and plan to comment on aspects that affect both the retail and long-term care pharmacy facets of our membership,” he said in an e-mail.Comments on the proposed rules are due Oct. 30.

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California to Put Four Pesticides on Cancer List

Sep 9, 2015 | BNA Daily Environment Report

By David Schultz

California's impending decision to place on its list of carcinogenic chemicals four widely used pesticides—including Monsanto's glyphosate, the most widely used pesticide in the country—has uncertain ramifications for the state's agriculture industry.If the state's Environmental Protection Agency, also known as CalEPA, places the four pesticides on its list, any knowing discharges of the chemicals into drinking water would become illegal. Also, farmers, pest control companies and any other businesses that want to use the pesticides would first have to provide “clear and reasonable warnings” to the public, according to state law.Sam Delson, a deputy director in CalEPA's scientific review office, told Bloomberg BNA he was unsure if the drinking water restrictions would apply to runoff of pesticides from farms.CalEPA will accept comments from the public for the next 30 days on whether to list the four pesticides: glyphosate, malathion, parathion and tetrachlorvinphos (173 DEN A-6, 9/8/15).However, a formal listing of these chemicals is all but certain, Delson said. “It's fair to say that it's very likely that this will become final.”Automatic DecisionDelson can speak with confidence on this because of the process California uses for listing potentially cancer-causing chemicals.The process was created in 1986 by the state's Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act. The voter-approved measure required the state to maintain and to update at least annually a list of carcinogenic chemicals. Chemicals on the list are subject to drinking water restrictions and use notification requirements.There are several ways for a chemical to get on California's list; one of those ways is if a chemical is found to be carcinogenic to humans or animals by an “authoritative body.”These bodies include various federal agencies, such as the U.S. Environmental Protection Agency or the Food and Drug Administration, as well as the World Health Organization's International Agency for Research on Cancer.Earlier this year, the IARC issued a finding that the four pesticides at issue here are probably carcinogenic to humans based off of several studies of lab animals exposed to the chemicals (59 DEN A-10, 3/27/15).As a result, the IARC's findings triggered an almost automatic decision by California to place the four pesticides on its list. In a sign of just how automatic this decision is for the state, Delson said CalEPA will only consider comments on whether the IARC did or didn't find the pesticides to be carcinogenic, not on whether the IARC's findings are correct.Safe HarborAfter the pesticides are listed, California businesses will have 20 months to come into compliance with the drinking water restrictions and 12 months to begin notifying the public when they use the pesticides.Businesses with fewer than 10 employees are exempt from complying with these rules. Also, businesses that use the chemicals at levels below a state-developed threshold are exempt.That threshold is called in California regulations a “safe harbor.” Delson said CalEPA has established safe harbor levels for less than half of the more than 800 chemicals on its cancer-causing list. Dozens more chemicals are prioritized on a wait list.Despite this, Delson said CalEPA will “definitely” establish safe harbor thresholds for glyphosate and for malathion, the two more widely used of the four pesticides, within one year of their formal listing. If the agency fails to do this, no amount of these pesticides would be permitted in drinking water, and the use of any amount would trigger the public notification requirements.“We do have limited resources, but that's a priority,” Delson said.Depending on how high the state sets its safe harbor levels, tens of thousands of farms and other businesses many find themselves unaffected by CalEPA's listing.Public PerceptionWhile it's still unclear how the listing of these chemicals will affect industry, it's already having a negative impact in the court of public opinion. News stories about California's move, which itannounced Sept. 4, circulated widely online, briefly making Monsanto a trending topic on Facebook over the Labor Day weekend.Monsanto developed the herbicide glyphosate in the 1970s and currently sells the weed killer under the trade name Roundup. However, the company's patent on the chemical has long since expired, and it is now widely used in numerous products produced by dozens of pesticide companies, including Dow AgroSciences, Syngenta, Bayer CropScience and many others.Many of these companies also produce genetically modified crops that are engineered to withstand glyphosate, which allows farmers who plant them to spray the chemical broadly without inadvertently killing their crops. As a result of the widespread adoption of these GM crops, glyphosate use has skyrocketed over the past 20 years.Glyphosate's Effect on HumansAnother reason for its wide adoption was the belief that glyphosate posed almost no toxicity risk to humans. It kills plants by preventing them from internally synthesizing certain vital proteins; humans, however, get these proteins externally through food.However, since the IARC findings were announced in March, many are beginning to take a second look at how glyphosate affects humans.Charla Lord, a Monsanto spokeswoman, said her company “continues to join with the agricultural industry in strongly disagreeing with IARC's classification.”“Glyphosate is an effective and valuable tool for farmers and other users, including many in the State of California,” she told Bloomberg BNA in an e-mail. “We will provide detailed scientific information to [CalEPA] about the safety of glyphosate and work to ensure that any potential listing will not affect glyphosate use or sales in California.”

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UN to Hold Webinars on ICCM4 and POPs Committees

Sep 9, 2015 | Chemical Watch

The Secretariat of the UN Basel, Rotterdam and Stockholm Conventions has announced two briefing webinars for September. They will discuss:ICCM4 - Saicm, on 15 and 16 September. This will explain the preparations for the fourth International Conference on Chemicals Management (ICCM4), which takes place from 28 September to 2 October; andthe eleventh meeting of the POPs Review Committee (POPRC) and of the Chemical Review Committee (CRC), on 29 September and 1 October. The POPRC meeting will run from 19-23 October.

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OECD Issues Guidance on Nanomaterials Safety

Sep 9, 2015 | Chemical Watch

The OECD has published the latest in its series of publications on the safety of manufactured nanomaterials:No. 58 Preliminary guidance notes on nanomaterials – interspecies variability factors in human health risk assessment.

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EU Amends Benzene Restriction for Natural Gas Sales

Sep 9, 2015 | BNA Daily Environment Report

By Stephen Gardner

A restriction on benzene imposed under the European Union's REACH regulation will be relaxed for natural gas delivered to consumers, according to a European Commission regulation published in the EU Official Journal.The restriction under REACH (Regulation No. 1907/2006 on the registration, evaluation and authorization of chemicals) limits the presence of benzene in substances or mixtures sold in the EU to no more than 0.1 percent by weight. In natural gas, however, the concentration of benzene by weight sometimes exceeds 0.1 percent, though its concentration by volume is less than 0.1 percent.Although there are techniques to reduce the presence of benzene in natural gas to below 0.1 percent by weight, they are prohibitively expensive, and studies have shown that a 0.1 percent by volume threshold is in any case safe, the regulation said.The regulation therefore amends the restriction for benzene in natural gas sold in the EU to a maximum concentration of 0.1 percent by volume, rather than 0.1 percent by weight.The EU Official Journal published the regulation amending the benzene restriction Sept. 5. The amended restriction enters into force Sept. 25.

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Chemical Security News

The World Must Cooperate to Make Cyberspace Safe

Sep 9, 2015 | The Hill - Congress Blog

By Jim Hietala, John Suffolk, Sami Nassar and Bruce McConnell

Cyberspace has become a critical component of business and government everywhere. Both the public and private sectors now need a reliable and predictable digital environment to thrive. While it is clear that the Internet creates enormous economic and social benefits, this global marketplace can at times be perilous. Organizations are increasingly aware of cyber risks, driven by widely reported attacks on corporations and government agencies. As a result, most actors today take cybersecurity seriously and work hard to reduce those risks.
However, the Internet has little respect for boundaries. Enhancing cybersecurity and combating cybercrime require engagement and cooperation by a variety of participants: among nations, across companies, and between government and the private sector. Indeed, many challenges in cyberspace can only be addressed through such a multi-stakeholder framework.
The global nature of the information and communications technology (ICT) marketplace lies at the heart of this conundrum. The ICT industry leverages resources – cyber, physical, and human – from around the world, creating better products and driving down costs.
Unfortunately, a growing number of countries are starting to favor domestic sources of ICT supply under the banner of cyber or national security. Ironically, such moves can actually increase security risks, as the most innovative and secure products will make full use of the best talents, ideas, and resources available, irrespective of the jurisdiction they are in.
A better approach would involve technology purchases based on fact-driven, risk-informed, and transparent requirements that assure the security of a product or service throughout its lifecycle. Such requirements would enable buyers to make informed decisions about cyber risk irrespective of where the ICT was produced. To be effective, however, there needs to be some level of international standardization on those requirements, which requires public-private cooperation on a global basis.
The undersigned companies hope that the forthcoming EastWest Institute’s sixth annual Global Cooperation in Cyberspace Summit will allow us to begin to take concrete steps towards that goal. Taking place in New York, with multi-stakeholder participation from over 40 countries, the summit aims to drive agreement on the most pressing issues we face in this space today, including:How can law enforcement and Internet companies work together to break up international cybercrime syndicates?What can companies that deliver critical services like electricity and finance do to manage cyber risks to their operations?How can confidentiality of business and personal information be balanced with law enforcement’s need for access to unencrypted data under widely varying legal regimes?What limits should be placed on governments’ creation and use of cyber weapons?Who should be responsible for the long-term governance of the Internet, a global resource?
Hietala is vice president, Business Development and Security, The Open Group; Suffolk is president, Global Cyber Security, and privacy officer, Huawei Technologies; Nassar is vice president, Cyber Security Solutions, NXP Semiconductors; McConnell is senior vice president, EastWest Institute. The EastWest Institute is hosting its sixth Global Cyberspace Cooperation Summit on September 9-10 in New York City.

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ECHA Publishes Guidance on Chemical Safety Reports

Sep 9, 2015 | BNA Daily Environment Report

By Stephen Gardner

The European Chemicals Agency published guidance Sept. 7 on the preparation of chemical safety reports by companies that use in their products substances that are subject to registration under the European Union's REACH law (Regulation No. 1907/2006 on the registration, evaluation and authorization of chemicals).Companies that use chemicals known as “downstream users” in REACH terminology may be required to prepare a chemical safety report to identify and manage any risks in their use of a substance, if that use is not covered in exposure scenarios drawn up by the substance's supplier.ECHA said in most cases in which an exposure scenario for a specific use of a substance is missing, it would be “preferable” for downstream users to contact their suppliers and arrange for them to add the use to their chemical safety report.In some cases, however, such as when companies want to keep their processes confidential, this might not be possible, ECHA said.The agency said the guidance provided information to downstream users on issues such as gathering substance information, carrying out chemical safety assessments, documentation requirements and providing relevant information about chemical safety to customers.

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Energy and Environment News

House Subcommittee Sets Vote on Lifting Oil Export Ban

Sep 8, 2015 | PoliticoPro - Whiteboard

By Darren Goode

The House Energy and Power Subcommittee will vote Thursday on a bill to lift the 40-year-old crude oil export ban.
Republican leaders have rallied behind lifting the Gerald Ford-era ban that Congress imposed as a response to the Arab oil embargo crisis. "Our newfound abundance has been a game changer, making President Ford's oil export ban obsolete," Energy and Commerce Chairman Fred Upton said in a statement.
The bill from Rep. Joe Barton will still face opposition from Democratic detractors and has been so far kept out of broader House and Senate energy bills this Congress in an effort to preserve bipartisan harmony. Some Democrats — including Senate Minority Leader Harry Reid and Sen. Michael Bennet — have signaled they may be interested in striking a deal to lift the ban in exchange for concessions on climate change or clean energy policies.
The markup starts at 10 a.m.

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House Subcommittee Expected to Approve Crude Export Bill

Sep 9, 2015 | BNA Daily Environment Report

By Ari Natter

A House Energy and Commerce subcommittee will vote Sept. 10 on legislation that would end the 40-year-old ban on most crude oil exports, as the chamber prepares to bring the measure to the floor later this fall.The legislation (H.R. 702), sponsored by Rep. Joe Barton (R-Texas), will be marked up by the Subcommittee on Energy and Power and is expected to be voted on by the full committee the week of Sept. 14.“We have taken a thoughtful approach to reconsidering oil exports, and the time to lift the ban is now,” Committee Chairman Fred Upton (R-Mich.) and Subcommittee Chairman Ed Whitfield (R-Ky.) said in a joint statement.In addition to repealing the section of the 1975 Energy Policy and Conservation Act that created the crude export ban, the legislation bars the federal government from imposing or enforcing any similar restrictions and requires an Energy Department report on the appropriate size and makeup of the Strategic Petroleum Reserve.The bill, which has 113 co-sponsors, including 13 Democrats, has been gaining momentum as booming domestic oil production and low gas prices have led lawmakers to question the need for the policy, which was enacted in the wake of the Arab oil embargo.Time for a Vote“It's past time for America to embrace our energy abundance,” Barton said in a statement. “For too long, 1970s-era restrictions have prohibited most exports of American crude oil.”Barton previously told Bloomberg BNA House leadership has promised his bill would be brought to the floor, possibly as soon as this month (152 DEN A-2, 8/7/15).The trade prohibition is opposed by oil producers such as ConocoPhillips Co. and Marathon Oil Corp., but some refiners, such as Valero Energy Corp. argue it should be left in place.While lifting the ban could result in $29 billion in additional annual revenue for U.S. oil producers, the change would lower refiners' profits by $22 billion a year in 2025, the Energy Information Administration said in a report released Sept. 1 (170 DEN A-3, 9/2/15).While the legislation is expected to pass in the House, analysts have said it is unclear whether it can muster the 60 votes effectively needed for passage in the Senate, and whether President Barack Obama would sign the bill into law.The ban, which doesn't apply to refined products such as gasoline and jet fuel, prohibits the export of U.S. crude oil, with exceptions for crude from Alaska and California and crude destined for Canada.

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Drilling NSPS 'Modification' Definition Could Capture Some Existing Wells

Sep 8, 2015 | Inside EPA

By Bridget DiCosmo

EPA's proposed oil and gas sector new source performance standards (NSPS) that would set first-time limits on the greenhouse gas (GHG) methane includes a draft definition of an emissions source "modification" that appears broader than its current drilling air rules and could capture some existing wells even though the rule targets new sources.
The proposal says its controls on "fugitive" unplanned emissions would apply when new wells are added to a site, "or an existing well on a well site is fractured or refractured," which would then be considered a "modification" under section 111(b) of the Clean Air Act. The language is a change from EPA's 2012 NSPS which only targets ozone-forming volatile organic compounds (VOCs) and defined "modification" to include only refractured wells.
In the proposed NSPS released last month alongside voluntary emissions guidelines for existing wells, EPA says, "When a new well is added or a well is fractured or refractured, there is an increase in emissions to the fugitive emissions components because of the addition of piping and ancillary equipment to support the well, along with potentially greater pressures and increased production brought about by the new or fractured well.
One environmentalist says that EPA's draft language defining and potentially broadening what constitutes a "modified source" for the purposes of the rule's fugitive emissions controls "makes perfect sense." But the source does not believe the NSPS would "bring in a tremendous amount of equipment" from existing wells.
A second environmentalist says "we are pleased to see that this definition encompasses fracturing and refracturing at existing well sites" rather than the narrower definition EPA adopted in the 2012 NSPS.
One industry source says "it is an expansion, clearly," and they "suspect it will be a point of controversy" with industry groups in their public comments on the proposed rule, which EPA released Aug. 18 but is yet to publish in the Federal Register. When EPA publishes the proposal, it will take public comment for 60 days.
While it is not clear how many existing wells would be covered by the proposed NSPS, EPA says in its draft control techniques guidelines (CTGs) for existing sources that it opted to not extend the CTG to existing fracking wells. "This guideline did not evaluate hydraulically fractured oil and natural gas well completions performed on existing wells because these operations are considered modifications and, therefore, subject to the NSPS," EPA says.
The CTGs will apply only in areas out of attainment with the agency's ambient air standards for ozone, though those areas could increase in number if EPA follows through on plans to tighten its ozone standard.
EPA in the NSPS also proposes to define "modification" for fugitive emission requirements for inspecting and repairing leaks from compressors in a way that would capture when a compressor is added to a site or when a change is made to an existing compressor that would increase the capacity of the station.
Methane Regulation
EPA's pending final decision on how to define the universe of sources that could be captured by the proposed NSPS represents the agency's first efforts to directly regulate methane, a potent GHG, from the sector's sources.
The proposed rule would require new and modified sources subject to the 2012 rule to control methane releases for the first time, while also subjecting some sources not regulated by the earlier rule, such as hydraulically fractured oil wells and downstream compressors and other equipment, to first-time controls for both VOCs and methane.
While the agency is directly regulating methane for the first time, the agency is rejecting environmentalists' calls to regulate methane from existing sources under section 111(d). The agency did use 111(d) to regulate GHGs from existing power plants in its recent climate rule for that sector, but is pushing the CTGs instead for drilling.
During an Aug. 18 press call, EPA's acting air chief Janet McCabe declined to say whether the agency would pursue an existing source methane standard, saying that "we're not ruling anything out."
McCabe said that for now EPA will focus on the proposed NSPS. "We're really focusing on this proposal for today and the conversations we expect to have on this proposal," she said, calling the proposed rule an "important step to get us significantly along the way" to reducing methane emissions from the sector by 40-45 percent, the goal that President Obama set as part of his broader administration-wide effort to reduce methane emissions.
After environmentalists failed to convince the administration to regulate methane from existing sources, they shifted their advocacy to instead call for the NSPS to capture a broad range of sources, an approach they hope would preserve their options for eventually regulating a similarly broad range of existing sources.
"One of our metrics for judging the rule is, 'how many source categories are covered?'" the environmentalist says, adding that groups are "pleased" the agency is planning to regulate four of the five emissions sources it considered in a set of white papers that the agency floated in 2014.
NSPS Proposal
EPA's NSPS proposal includes controls for leaks, compressors, pneumatic devices and hydraulically fractured oil wells, but is only taking comment on possible emissions reduction strategies for liquids unloading, the fifth source the white papers examined.
"It was the kind of coverage we were looking for," the environmentalist says, saying the NSPS source categories will "serve as a trigger" for the requirement that EPA pursue a 111(d) existing source rule for those categories.
The sources covered by the proposal are broader than EPA's 2012 NSPS rules for the oil and gas sector which included new natural gas wells, but sources say it was largely focused on production sources.
The new proposal would extend the VOC requirements to many downstream sources, such as pneumatic controllers and compressors located downstream of the well site, as well as sources excluded from the earlier rules such as oil wells, pneumatic pumps and leaks from well sites and compressor stations.
In addition to the VOC controls, the proposed rule would include first-time methane reduction requirements for those sources as well as gas wells, leaks at processing plants and other equipment covered under the 2012 VOC rules.

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Senate Task Force to Tout Clean Power Plan

Sep 9, 2015 | E&E Daily

By Daniel Bush

Senate Democrats and environmental leaders will gather on Capitol Hill tomorrow to tout U.S. EPA's Clean Power Plan amid a growing backlash from Republican lawmakers and states opposed to the newly finalized rule.
States have until September of next year to submit final plans to comply with the Clean Power Plan or request an extension, though several states have taken legal action to block the rule.
Schedule: The roundtable is at 9 a.m. tomorrow in 406 Dirksen.
Witnesses: Dave Chadwick, executive director, Montana Wildlife Federation; Peter Egelston, president, Smuttynose Brewery, Hampton, N.H.; Tony Owens, emergency medicine physician, Portland, Maine; and Jill Ryan, Eagle County, Colo., commissioner.

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McConnell: ‘Battle Continues’ Against Power Plant Regs

Sep 8, 2015 | The Hill - E2 Wire

By Devin Henry

Senate Majority Leader Mitch McConnell (R-Ky.) has vowed to continue his fight against the Obama administration and environmental regulators over their new climate rule for power plants.
In a newsletter to constituents released Monday, McConnell said he will work to block the administration’s Clean Power Plan rules legislatively this fall, pledging to protect his home state’s coal industry in the face of regulations set to hit it especially hard.
McConnell said the rule is the “latest attack on Kentucky coal jobs, miners and their families,” and one that he’s looking to block in the Senate.
“This move demands and deserves a forceful response from those of us who seek to protect Kentucky coal,” he wrote.
McConnell repeated the potential legislative plan of attack he laid out when the Environmental Protection Agency (EPA) released the rule in early August. That includes using the appropriations process to block the rule, or a measure of disapproval under the Congressional Review Act.
He also repeated his call for state governors to refuse compliance with the rule, questioning whether it will survive legal challenges.
“The battle continues,” McConnell wrote. “I’ve fought this administration and its EPA every step of the way in the president’s war on coal, and I don’t intend to stop now.”
Since the EPA released the Clean Power Plan on Aug. 3, several states have sued seeking a stay. A Senate panel also passed a bill to block the regulations, giving McConnell another option to use against them.
“I’ll keep up the fight against this administration and this EPA through the many tools at Congress’s disposal to rein in out-of-control bureaucrats,” he said in his newsletter.
“My promise is this: I will not sit idly by while this administration tries to wipe out the lifeblood of our state’s economy.”

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McConnell to ‘Keep Up the Fight' Against Carbon Rules

Sep 9, 2015 | BNA Daily Environment Report

By Anthony Adragna

President Barack Obama “won't get the last word” on climate change, and the Senate will pursue all opportunities to block implementation of the Environmental Protection Agency's plan to reduce carbon dioxide from power plants, Senate Majority Leader Mitch McConnell (R-Ky.) said in a constituent newsletter Sept. 8.“I'll keep up the fight against this administration and this EPA through the many tools at Congress's disposal to rein in out-of-control bureaucrats,” McConnell wrote. “My promise is this: I will not sit idly by while this administration tries to wipe out the lifeblood of our state's economy.”McConnell's promise to continue aggressive efforts to block the carbon dioxide rules is notable because of the crowded floor schedule facing the Senate this fall—it must pass a budget, consider the nuclear deal with Iran and raise the debt ceiling, among other issues—and because any efforts to kill off the rules face long odds of success. Obama has vowed to fight all attempts to undermine his signature effort on climate change.‘A Forceful Response.'The Kentucky Republican, though, said the rules are already harming jobs and devastating the economy in his state. The regulation “demands and deserves a forceful response” from Congress, McConnell wrote.That response could be multi-faceted. One likely avenue for challenging the regulation will be the Affordable Reliable Electricity Now (ARENA) Act (S. 1324), which would immediately kill off the rules and set strict new requirements for the EPA to meet before trying again.A heated Senate Environment and Public Works Committee advanced that bill on to potential floor consideration immediately before the August break (151 DEN A-1, 8/6/15).Other opportunities to undermine the regulations include legislative riders on appropriations bills, which McConnell previously has called his “best tool,” and use of the Congressional Review Act, which allows Congress to override regulations. Any of these options would require Obama to sign legislation to kill off the regulations developed by his EPA or the votes of at least 67 senators to override a veto.“I've fought this administration and its EPA every step of the way in the President's war on coal, and I don't intend to stop now,” McConnell said.

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Back to 'Wait Mode' on KXL -- Hoeven

Sep 9, 2015 | E&E Daily

By Manuel Quiñones

Sen. John Hoeven (R-N.D.) says the upcoming Canadian elections may have made the White House reconsider releasing a decision on the Keystone XL oil pipeline from Canada this summer.
Hoeven, one of the pipeline's top backers on Capitol Hill, previously had predicted the White House would reject KXL's transboundary crossing during the congressional recess. That break has come and gone, and still there has been no decision from the administration.
"I think it got tied up in the election for prime minister in Canada," Hoeven said yesterday. "Now we're back to wait mode."
KXL has played a prominent role in several recent U.S. elections. Now the debate is becoming a major talking point for opponents of Canada's Conservative prime minister, Stephen Harper, who has been vocal in the pipeline's favor.
Liberal Party leader Justin Trudeau has criticized Harper's focus on KXL to the detriment of U.S.-Canada relations. Tom Mulcair, head of the New Democratic Party, has spoken against the KXL project itself.
In the United States, rumors were rampant that President Obama would make the announcement either during his trip to Alaska last week or before the Labor Day holiday weekend.
"The window was when he went up to Alaska," said Hoeven. "I think [the Canadian elections] added a whole other element such that he didn't pull the trigger in Alaska."
Hoeven added, "Once it got tied up in the PM election, we thought if he didn't do it in Alaska, which was the window to do it, then he'd hold off certainly till Oct. 19; that's the election."
The White House has denied that there was any imminent decision on Keystone XL. Sources in the administration have said the issue remains under review (Greenwire, Aug. 28).

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Coal Group Warns Clinton on Climate Rule

Sep 8, 2015 | E&E News PM

By Manuel Quiñones

One of the coal industry's top lobby groups is warning candidates -- particularly Democrat Hillary Clinton -- against supporting President Obama's climate agenda.
The American Coalition for Clean Coal Electricity today released a memo and video calling U.S. EPA's Clean Power Plan a "carbon copy" of failed greenhouse gas cap-and-trade legislation. The industry group warns that politicians who support EPA's rule may suffer the same consequences as those who voted for cap and trade.
"Concerned about the political consequences they would face at the ballot box in 2010, Senate Democrats called on the White House to drop their efforts and the let the bill languish in the House," the memo said.
ACCCE has released several statements urging Clinton, the former secretary of State and leading Democratic candidate for president, to remember her previous pro-coal statements.
And pro-coal politicians like Sen. Joe Manchin (D-W.Va.) have welcomed Clinton's comments on the sacrifices made by miners and on supporting research to make coal cleaner (E&E Daily, July 16).
But recent comments in favor of the Obama administration's regulatory agenda seem to have put Clinton in the coal industry's crosshairs.
The video includes the statement, "The Obama-Clinton Cap and Trade II is a political loser for any public official," along with several pictures of Obama and Clinton.
"Current officeholders and those seeking public office need to put their constituents' pocketbook interests ahead of the president's legacy goals and take action to stop this costly executive overreach," said ACCCE spokeswoman Laura Sheehan.
In contrast, environmental groups are running ads against politicians opposed to the Clean Power Plan (Greenwire, Sept. 1). Greens are also pointing at polls showing support for the rulemaking (Greenwire, Aug. 24).

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We Need Lawmakers Who Will Fight for a Clean Environment

Sep 8, 2015 | The Hill - E2 Wire

By Heather Zichal

After serving as President Obama’s top adviser on climate and energy policy at the White House, I am optimistic about our country's ability to lead a global effort combating climate change.
However, I also know that, if we’re going to get this right, it’s critical that we have the right kind of leaders in Washington. That’s why I’m so excited about the United States Senate candidacy of P.G. Sittenfeld - a dynamic Democratic candidate running in Ohio.
Let me start by introducing Sittenfeld in his own words. Here’s what he wrote in a recentHuffington Post column:
Our planet is warming at a dangerous rate. Extreme weather threatens our lives, our health, our economy, and our national security. Every Ohioan will pay a price for the failure to act. I say enough fear-mongering from polluting industries and the politicians who are doing their bidding instead of protecting public health and the environment. It is time we had a new generation of leaders in Washington who were up to the challenge of protecting the environment for future generations.
I couldn’t agree more. We need leaders, like Sittenfeld, who are ready to seize the future on one of the defining issues of our time.
During my years at the White House, and still today, I was always puzzled at the false choice offered by so many climate change deniers in Congress: that if we do what’s right for the environment, negative economic trade-offs must somehow be inevitable.
Nonsense.
Like the president and other forward-looking leaders on climate, Sittenfeld realizes that embracing a sustainable future isn’t just good for the environment and for our health, it’s also good for our economy, good for job-creation, and good for lowering utility bills.
I am also impressed that Sittenfeld already has a strong record of getting things done as an elected leader at the local level, ranging from passing Cincinnati’s Energy Aggregation initiative - which resulted in the city supplying residents with 100-percent renewable-back energy - to spearheading smart incentives for sustainable development. Sittenfeld’s demonstrated commitment to our land, air, and water earned him the distinction of being the youngest-ever board member of The Nature Conservancy in Ohio, as well as the chair of the Environmental Sustainability committee at Cincinnati City Hall.
But while I admire what Sittenfeld has already accomplished, I’m even more excited about the future impact I believe he can have in Washington.
He is the only candidate in Ohio’s U.S. Senate race who has both opposed the Canadian Keystone XL tar sands pipeline and come out in favor of the EPA’s historic Clean Power Plan, the commonsense plan to cut carbon pollution from power plants, both actions that will help curb climate change.
As Sittenfeld has said, we can’t afford to have “Democrats who sit on the sidelines remaining silent about the pressing environmental issues of our day. The cautious approach to politics will not do. The moment demands more of us.”
I have devoted my career to trying to craft and implement smart public policies that will protect our planet, our health, and our economy. For those who care as much as I do about taking bold action on climate change and ushering in a new era of environmental leaders, we don’t just want more people like PG Sittenfeld in the United States Senate - we need Sittenfeld and real leaders like him.
Zichal is former deputy assistant to the President for Energy and Climate Change, and one of the architects of President Obama’s National Climate Action Plan.

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Climate Change: Seven Indisputable Facts

Sep 9, 2015 | The Hill - Congress Blog

By Rep. Lamar Smith (R-Texas)

President Obama last week visited Alaska to preach about the inevitable doomsday scenarios the world will face if Americans fail to embrace his extreme climate change agenda. Like all climate alarmists, the president wants Americans to believe there is no uncertainty about climate change. They pretend to know exactly how much human actions contribute to the changing climate. By denying any uncertainty, their goal is to shut off debate. ‘Just trust us. We know what’s best for you.’
But the truth is there are more questions about climate change than there are answers. For instance, even the most advanced climate models all failed to predict the lack of warming the Earth has experienced over the last 18 years. But the president and his Environmental Protection Agency (EPA) refuse to let facts get in the way of their determination to impose greater government control over the lives of the American people.
Below are seven irrefutable facts about climate change that are ignored because they do not fit into the alarmists’ scare tactics. These facts are not disputed.
1.     For the past 18 years, weather satellites have not measured a global increase in temperatures although carbon dioxide in the atmosphere has increased over that same period. Weather satellites are the most advanced instruments for measuring global temperatures. The fact that these satellites have not detected a measureable temperature increase despite an increased concentration of CO2 in the atmosphere calls into question the correlation climate change alarmists preach between carbon emissions and temperature.
2.     According to EPA’s own data, U.S. carbon emissions have decreased nine percent since 2005. These carbon reductions have occurred as a result of technological advancements and free market forces, which will continue. This raises the question of whether burdensome regulations are necessary.
3.     The natural cycle of global temperatures has resulted in both higher and lower temperatures over the past 1,000 years than exist today. These temperature fluctuations occurred before significant fossil energy use. So temperatures the Earth is experiencing now have been seen before.
4.     If implemented, the Obama administration’s Climate Action Plan would reduce global temperatures by only 0.01, or one one-hundredth of a degree Celsius. President Obama’s former Deputy Secretary for Fossil Energy at the Department of Energy, Charles McConnell, said that EPA’s carbon rules will have only a minor impact on global climate change. Yet regulations will cost billions of dollars and jeopardize thousands of jobs.
5.     The Intergovernmental Panel on Climate Change (IPCC) has reported that there is little or no connection between extreme weather and climate change. According to a 2012 report, IPCC stated that there is “high agreement” that long-term trends in weather disasters “have not been attributed to… climate change.” Climate change alarmists point toward hurricanes, tornadoes and other global weather disasters as a proof that man-made carbon emissions are hurting our planet. However, as the IPCC report stated, the opposite is true. There is scientific agreement that weather disasters are not caused by climate change, despite President Obama repeatedly trying to connect the two.
6.     Population growth, especially in the developing world, will account for even more global carbon emissions. Carbon emissions from developing countries are projected to increase by over 125 percent by 2040. And world population is expected to surge by over 2 billion people by 2050, an increase of more than 30 percent. Yet few climate scientists acknowledge the potential impact of population growth on carbon emissions.
7.     Carbon dioxide accounts for a very small part of the Earth’s overall atmosphere and those levels have fluctuated throughout the Earth’s history. Carbon dioxide currently accounts for only .038 percent of our planet’s atmosphere. And human-made carbon dioxide only makes up about three percent of that. Put another way, if all the gases in the atmosphere were represented by the length of a football field, only the last 1/10 of an inch would be carbon emissions caused by humans. It’s hard to believe that such a small amount would supposedly have such huge consequences.
The EPA and other government agencies too often fail to present all the facts. Their agenda comes first, accuracy comes second. Climate change has many explanations - and unanswered questions. The American people need good science, not science fiction promoted by alarmists.
Smith has represented Texas’ 21st Congressional District since 1987. He chairs the Science, Space, and Technology Committee, and also sits on the Homeland Security and the Judiciary committees.

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OMB Sets Six Meetings on Ozone Standards

Sep 9, 2015 | BNA Daily Environment Report

By Patick Ambrosio

The White House Office of Management and Budget will meet with advocacy groups at least six times during the next two weeks to discuss the Environmental Protection Agency's final decision on the national ambient air quality standards for ozone.The OMB is reviewing the EPA's final rule on whether to revise or retain the current standards of 75 parts per billion, set in 2008 under former President George W. Bush. The final rule was submitted to OMB on Aug. 28, giving the administration just over one month to review the rule before an Oct. 1 court-ordered deadline for the EPA to make its final decision.The OMB's website lists scheduled meetings that were requested by various industry and public health organizations, including the National Association of Manufacturers and state chapters of the American Lung Association.The agency in November proposed (RIN 2060-AP38) to revise the current standards to somewhere in the range of 65 ppb to 70 ppb, a proposal that was criticized by both industry groups that would like to see the current standards retained and environmental groups that want the EPA to push ahead with even more stringent standards.Advocates on both sides told Bloomberg BNA in July that they would increase pressure on the administration in advance of the Oct. 1 deadline, including during the interagency review process, in an effort to influence the EPA's decision (148 DEN A-4, 8/3/15).Meeting DatesThe OMB's website lists the following six meetings on the ozone rule:• Sept. 8 — the NAAQS Implementation Coalition, which consists of trade associations, companies and other entities that are challenged by implementation of national ambient air quality standards;• Sept. 10 — the American Forest & Paper Association, which signed onto industrycomments which argued the EPA's proposal to revise the ozone standards is not warranted based on existing health effects data;• Sept. 11 — Phillips 66, a multinational energy company that urged the EPA incomments to retain the current standards;• Sept. 14 — the American Lung Association in Michigan, a state chapter of the national public health organization, which has repeatedly urged the EPA to set the ozone standards at a level no higher than 60 ppb;• Sept. 15 — the American Lung Association in Virginia; and• Sept. 16 — the National Association of Manufacturers, which has been one of the leading industry voices against the EPA's ozone proposal.The ozone rule is one of three major EPA air rules currently under OMB review that are scheduled to be issued soon.The OMB also is reviewing a final rule (RIN 2060-AP69) to establish emissions standards for brick and ceramics kilns and a final rule (RIN 2060-AQ75) to revise air toxics standards covering refineries. Consent decrees that settled litigation over those rules call for the brick sector rule to be signed by Sept. 24, while the refinery rule must be signed by Sept. 30.

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Arguments Over EPA Particulate Rule Set for Nov. 6

Sep 9, 2015 | BNA Daily Environment Report

By Patrick Ambrosio

A federal appeals court will hear oral arguments Nov. 6 over the legality of the Environmental Protection Agency's implementation rule for the 1997 and 2006 national ambient air quality standards for fine particulate matter (WildEarth Guardians v. EPA, D.C. Cir., No. 14-1145, oral arguments scheduled9/4/15).A coalition of environmental and public health advocacy groups, led by WildEarth Guardians, has asked the U.S. Court of Appeals for the District of Columbia Circuit to vacate the rule. The groups argued in their opening brief that the implementation rule illegally provided states with additional time to submit plans outlining strategies to bring nonattainment areas into compliance with the fine particulate standards.The rule at issue classified all areas that failed to meet the fine particulate standards as “moderate” nonattainment areas and gave states six years to demonstrate compliance in those areas. The rule (RIN 2006-AS12) also reset the deadline for submitting a state implementation plan, which outlines how nonattainment areas will come into compliance, to Dec. 31, 2014. The petitioners argued that the Clean Air Act required plans for the 1997 standards to be submitted by Oct. 5, 2006, and plans for the 2006 standards to be submitted by June 14, 2011.“EPA's final rule resetting the plan submittal deadlines to Dec. 31, 2014, is in direct conflict with the plain statutory language,” the petitioners argued in their brief.‘Reasonable and Expeditious Deadline.'But the EPA argued that the ability to establish a “reasonable and expeditious deadline” for submission of those state plans is delegated to the agency in Section 301 of the Clean Air Act. The agency promulgated the updated implementation rules at issue in response to a 2013 court decision, which found the EPA had implemented the fine particulate matter standards under the wrong subpart of the Clean Air Act (NRDC v. EPA, 706 F.3d 428, 75 ERC 1961, 2013 BL 39092 (D.C. Cir. 2013); 04 DEN A-6, 1/7/13).The agency argued in its response brief that the updated implementation rule reasonably responds to the court's decision in NRDC v. EPA by implementing the standards under the correct section of the Clean Air Act prospectively rather than retroactively.The U.S. Court of Appeals for the District of Columbia Circuit issued a Sept. 4 order scheduling oral arguments for November. The three-judge panel that will hear the arguments will be announced 30 days before the scheduled arguments, according to the court's website.

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Oil Industry Slashes Lobbying Spending Amid Downturn

Sep 9, 2015 | BNA Daily Environment Report

By Isaac Arnsdorf

As Americans fueling up at the pump find some relief with lower gas prices, they may not recognize another effect of the plummeting price of oil.It appears to be crimping the style of one of Washington's biggest political players.The oil industry's influence has been legendary ever since Standard Oil was caricatured as an octopus in an early 20th century cartoon. And in its current incarnation, it has no shortage of demands for Washington: producers are pushing for permission sell more of their wares outside of the U.S.; for more territory to drill in the Arctic and offshore. They are also battling new regulations on fracking, methane, ozone and carbon emissions; and don't forget the Keystone XL pipeline.Yet with oil prices plummeting, drillers have a lot less money to sink into lobbying.Spending by exploration and production companies dropped 25 percent last quarter from a year earlier, according to an analysis by Jorge Uquillas, an analyst at Bloomberg Government. Oilfield services companies spent 20 percent less, integrated majors trimmed 4 percent, and refiners cut 5 percent.The oil and gas industry as a whole spent $23.8 million in the second quarter, a 10 percent decrease, the disclosures data show.Retreat EvidentThe retreat is also evident in some lobbying groups' waning member rolls. The National Propane Gas Association and America's Natural Gas Alliance shrank 13 percent and 31 percent, respectively, according to archives of their websites.“It was just simple belt-tightening,” said Kelly Swan, a spokesman for WPX Energy Inc., an Oklahoma producer that dropped out of the natural gas group. “We've done a lot of belt-tightening over the past year.”While lower prices have members looking for ways to cut costs, America's Natural Gas Alliance is still aggressively pursuing its political priorities, Dan Whitten, a spokesman, said. Consolidation, not prices, accounts for the decrease at the propane association, according to spokesman Philip Squair.Larger groups, like the American Petroleum Institute and American Fuel & Petrochemical Manufacturers, stayed steady or grew.Oil dropped 51 percent in the past year, squeezing drilling companies that binged on debt when prices were higher and investors more enamored. Cash flow per share in a Bloomberg index of North American producers dropped 42 percent last quarter from a year earlier.

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Carbon Allowance Price May Hit Milestone at RGGI Auction

Sep 9, 2015 | BNA Daily Environment Report

By Gerald B. Silverman

The price of carbon allowances sold by the Regional Greenhouse Gas Initiative could approach or hit a key milestone Sept. 9 when RGGI holds its first quarterly auction since the Environmental Protection Agency released its final Clean Power Plan.If the price reaches $6 per allowance, a cost containment reserve—a mechanism designed to prevent large price spikes—is triggered and 10 million additional allowances are offered for sale. RGGI allowances sold for $5.50 each in the most recent auction, but prices in the secondary market have been around $6 each.“I expect that we will see another record high clearing price, for the seventh time in the last eight auctions,” Jordan Stutt, a policy analyst for the New England-based Acadia Center, told Bloomberg BNA in an e-mail.“Auction participants know that 10 million additional allowances will become available through the cost containment reserve if the clearing price reaches $6, which would increase the quantity of allowances for auctions in 2015 by 15 percent,” he said.Stutt said the cost-containment reserve trigger price rises to $8 next year, “creating an incentive for compliance entities to bid at least $6 per ton in order to purchase those additional allowances now.”A total of 15.3 million allowances will be offered for sale in the auction, if the cost-containment reserve is not triggered. A total of 25.3 million will be offered if the reserve is triggered.The price of allowances sold in the auction, which is RGGI's 29th, and other details will be released by the market-based regulatory program on Sept. 11.The cost-containment reserve has only been triggered once before. In March 2014, the reserve was triggered at a price of $4 (46 DEN A-2, 3/10/14).Prices Still LowJessica Wentz, associate director of the Sabin Center for Climate Change Law at Columbia University, told Bloomberg BNA that RGGI allowance prices, despite reaching record highs, are still far below the $12.10 price in California's most recent auction.Among the firms eligible to bid in the previous auction were Consolidated Edison Co., Koch Supply & Trading, Morgan Stanley Capital Group Inc., National Grid PLC, Dominion Energy Marketing Inc., Vitol Inc., DTE Energy Trading Inc., and EDF Trading North America LLC. The identities of actual bidders are masked by RGGI.Another key issue electricity generators and others will be watching is the percentage of allowances purchased by “compliance entities” and “compliance-oriented entities.” Electricity generators of at least 25 megawatts are required to hold one allowance for each short ton of carbon dioxide they emit.Compliance-oriented entities, which is a new category created by RGGI at its last auction, is a subcategory of what was previously identified as compliance entities. A compliance-oriented entity is a power generator that holds only enough allowances to meet its compliance obligations, while a compliance entity may hold additional allowances for re-sale or other investment purpose.In RGGI's previous auction, 47 percent of the allowances sold in the auction were purchased by compliance-oriented entities, while 68 percent were purchased by compliance entities. The remaining 32 percent of allowances were purchased by commodities firms, traders and other types of investors.“If prices do go up, that would only be because there is an estimate that compliance entities are short because non-compliance entities are increasing demand,” Charles D. McConnell, executive director of the Energy and Environment Initiative at Rice University, told Bloomberg BNA in an e-mail.It also would indicate, he said, that investors may want to “get some practice in the RGGI scheme before the federal plan takes place or because bidders are acting irrationally like they do in the stock market.”Clean Power Plan ImpactStutt said noncompliance entities “have an interest in preserving the value of their existing allowance holdings and will therefore be less eager than compliance entities to see 10 million additional allowances minted.”“As such, compliance entities will have greater incentive to bid above $6, in order to trigger the cost containment reserve,” he said.It's unclear what impact release of the Environmental Protection Agency's Clean Power Plan (RIN 2060-AR33) will have on the auction. Released Aug. 3, the final Clean Power Plan extends the initial compliance date for the rule from 2020 to 2022 and allows states to phase in the required carbon dioxide emissions reductions (149 DEN B-1, 8/4/15).RGGI allowance prices took one of their largest jumps in June 2014, shortly after EPA first proposed its plan. The price of RGGI allowances increased 25.5 percent in its June 2014 auction (110 DEN A-9, 6/9/14).Stutt said the Clean Power Plan is one of the factors that will drive RGGI allowance prices higher because RGGI “appears well positioned as a compliance pathway under the final Clean Power Plan, improving the program's future outlook and reducing regulatory risk.”McConnell, disagreed. “I don't see how the current auction for vintage 2015 allowances would be impacted at all by the final 111(d) rule,” McConnell, said, referring to the Clean Air Act section.“RGGI ends in 2020, so there is a two-year gap between when RGGI currently ends and when the federal trading program would begin in 2022,” he said.“RGGI states would have to amend the regulations to provide for cross-period banking (of allowances), not to mention extending RGGI past 2020, to have any impact on current period RGGI allowance value.”

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Rich Nations Claim Progress in Climate Finance Goal

Sep 9, 2015 | BNA Daily Environment Report

By Rick Mitchell

Wealthy countries are making progress toward the crucial goal of raising $100 billion in climate finance for developing countries by 2020, but more transparency and a better calculation method is needed, 18 countries and the European Commission said after meeting in Paris.The U.S. and Switzerland hosted senior officials from 18 countries during two days of talks Sept. 5–6 in a “climate finance ministerial,” U.S. Secretary of State John Kerry said in a statement.The meeting followed the latest round of United Nations climate negotiations, which wrapped up in Bonn amid signs of compromise emerging on the key issue of loss and damage, but with widespread criticism that negotiations are still moving too slowly (173 DEN A-7, 9/8/15).The U.S.-Swiss-sponsored ministerial also overlapped with a second informal climate ministerial held by France on Sept. 6–7. France said it brought together 57 countries to search for compromises to help produce a final text to be considered at the United Nations climate talks in Paris at year's end.France has warned that lack of a precise financing deal could doom those talks, which are scheduled to begin Nov. 30.Focus on ReportingThe joint statementfrom the 18 countries cites progress on “mobilizing” $100 billion a year by 2020 from a variety of sources, public and private, bilateral and multilateral, including alternative sources of finance.Kerry said climate finance is flowing at significant levels, but work is under way to improve estimates “in the coming weeks.”Current data and methodological limitations prevent accounting for the full range of flows, in particular through public policy interventions, the joint statement said.“Any near-term estimate produced will necessarily be partial and will omit some—and possibly a substantial amount—of climate finance mobilized. We intend to continue to improve our methodology as data availability increases and measurement methods evolve and, as a result, we expect our reporting to become more complete over time,” it said.The 18 countries—joined by the European Commission—were Australia, Belgium, Canada, Denmark, Finland, France, Germany, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway, Poland, Sweden, Switzerland, the U.K. and the U.S.Goal Dates to 2009About 195 countries are to attend the Nov. 30–Dec. 11 talks in Paris, the 21st Conference of the Parties to the UN Framework Convention on Climate Change (COP-21), aimed at forging the first legally binding global agreement on climate change.The figure of $100 billion in aid dates to COP 15 talks in Copenhagen in 2009.France has said a key reason the Copenhagen talks “failed” was they did not precisely or concretely define how emerging and developing countries would pay for their emissions-reduction commitments, which could require such steps as beginning to move from dirty but inexpensive coal to using cleaner alternatives (109 DEN A-2, 6/8/15).Links to Refugee CrisisFrench Foreign Minister Laurent Fabius said Sept. 7 that French President Francois Hollande wants to invite country leaders to meet in Paris Nov. 30, for the first day of COP-21, “to avoid Copenhagen syndrome.”Hollande said the current refugee crisis in Europe is minimal compared to a possible scenario if the global community fails to reach a deal to curb carbon emissions.“We won't have hundreds of thousands of refugees in the next 20 or 30 years, but millions” fleeing submerged islands, drought-stricken regions and other catastrophes, Hollande said Sept. 7 at a press conference in Paris, Bloomberg News reported. “Everything depends on this question of finance. It's the key.”Group of 20Group of 20 finance ministers, who met Sept. 4–5 in Ankara, Turkey, acknowledged the ongoing efforts of developed countries on climate change financing, but also called on them to continue to scale up financing in line with their commitments.Paragraph 13 of the G-20 finance final communique said they had received two new reports on the subject. It also said the Organization for Economic Cooperation and Development and the Global Environment Facility have developed a toolkit to enhance low-income and developing countries' access to adaptation finance.G-20 finance ministers are due to the address the issue again in Lima in early October.

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Progress Seen on Environmental Chapter for TPP

Sep 9, 2015 | BNA Daily Environment Report

By Rossella Brevetti

Trans-Pacific Partnership countries at the last trade ministerial meeting determined a path forward on outstanding issues, the Office of the U.S. Trade Representative said, putting a more positive tone on reports that negotiators had failed to conclude their talks as expected.“Ministers and negotiators are now in contact to formalize the progress made at the recent ministerial meeting and find common ground toward concluding negotiations,” the USTR said in arecent post on its website.Significant strides were made on a TPP environmental chapter that will update North American Free Trade Agreement (NAFTA) commitments by placing enforceable environmental obligations at the core of the agreement, the USTR said.Progress was made toward obtaining enforceable commitments from each TPP country to effectively enforce their environmental laws and to undertake implementation of specific multilateral environmental agreements, the USTR said.Negotiators had hoped, but failed, to clinch a deal at a meeting in Maui, Hawaii. Stumbling blocks in the talks included auto provisions, intellectual property, dairy trade and sugar market access. The TPP nations—Australia, Canada, Chile, Japan, Mexico, New Zealand, Peru , Malaysia, Brunei, Singapore, Vietnam and the U.S.—have yet to announce when trade ministers next will formally reconvene.Andres Rebolledo, director general of the Chilean Directorate of International Economic Relations, recently said that progress was made at the July 28–31 meeting in Maui on 90 percent of the areas covered by the TPP, adding that all but three of the legal chapters had been closed.

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