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ACC Nov 6
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(ACC Mentioned) US Bottle Recycling Hits 3 Billion Pound Mark
Nov 5, 2015 | Plastics News
By Jim Johnson
Post-consumer plastic bottle recycling hit another milestone last year in the United States, and in the process continued a growth trend that now reaches back for a quarter century. New statistics from the Association of Plastic Recyclers and the American Chemistry Council show that bottle recycling increased by 97 million pounds to top 3... -
(ACC Mentioned) U.S. Plastic Bottle Recycling Reaches 3 Billion Pounds
Nov 5, 2015 | Plastics Technology
By Heather Caliendo
Plastic bottle recycling grew 97 million pounds in 2014 to top 3 billion pounds for the year, according to figures released jointly by the Association of Plastic Recyclers (APR) and the American Chemistry Council (ACC). The recycling rate for plastic bottles climbed 1% to 31.8% for the year. -
(ACC Mentioned) Report: US Plastics Recycling Increases for 25th Straight Year
Nov 6, 2015 | Waste Management World
By Ben Messenger
Plastic bottle recycling in the US grew by 3.3% or 97 million pounds (44,000 metric tonnes) in 2014 according to figures released jointly today by the Association of Plastic Recyclers (APR) and the American Chemistry Council (ACC). The ACC said that the 25th annual National Post-Consumer Plastics Bottle Recycling Report marks... -
(ACC Mentioned) West, Texas Rulemaking Will Disappoint Labor
Nov 5, 2015 | PoliticoPro
By Brian Mahoney
A forthcoming regulation to address chemical safety in the wake of the 2013 West, Texas, explosion won’t likely contain a provision that labor groups and environmentalists say is necessary to prevent another disaster. The long-anticipated update to the EPA’s “risk management plan” rule is the agency's response... -
Senate Logjam Over Chemical Reform Remains Unresolved
Nov 6, 2015 | BNA Daily Environment Report
By Anthony Adragna
Efforts to revamp the nation's primary chemical law remain unresolved more than a month after two Republican senators first blocked consideration of the bill over the expiration of an environmental conservation program. Proponents of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (S. 697) say negotiations... -
What Does BPA Have To Do With Metabolism, Mazes And My Mom?
Nov 6, 2015 | Environmental Working Group
By Jonathan Choi
Last week my mom called me out of the blue with a question on chemicals. You see, in my family, we make (and eat) a lot of kimchi—that spicy, wonderful, fermented cabbage that is ubiquitous in Korean cuisine. For my entire life, we’ve been using the same hard plastic containers to store and ferment kimchi in the basement fridge. -
Burgeoning Uses Of Genetically Engineered Algae Spur EPA To Update Guidance
Nov 5, 2015 | BNA Energy & Environment Blog
The growing ability of companies to genetically engineer algae to make biofuels and other chemicals and to undertake tasks such as capturing carbon dioxide from power plants is a key reason the Environmental Protection Agency is updating guidance manufacturers should use before submitting required information. -
Highway Bill Passed With Environmental Amendments
Nov 6, 2015 | BNA Daily Environment Report
The House passed by a 363-64 vote Nov. 5 a multi-year highway bill (H.R. 22) that includes authorization for hazardous materials programs and environment provisions. The House and Senate will now move to conference, with House conferees also appointed Nov. 5. The two chambers have until Nov. 20, when a short-term patch expires. -
House Picks Negotiators To Hammer Out Final Funding Bill
Nov 6, 2015 | E&E News PM
By Sean Reilly
House Transportation and Infrastructure Committee leaders today quickly announced their choice of members for a conference committee that could send a long-term highway and public transportation funding bill to President Obama within a few weeks. Together, T&I Chairman Bill Shuster (R-Pa.) and ranking member Peter... -
CSX Develops App To Better Serve Public Safety Agencies' Cargo Information Needs
Nov 5, 2015 | Progressive Railroading
By Jeff Stagl
For years, CSX Corp. has worked with law enforcement agencies on joint security training and preparedness exercises. The Class I also long has tried to provide critical cargo information to state homeland security officers, local first responders and other officials to help them ensure the public’s safety. -
Colorado Gov Wants To Stop State’s EPA Lawsuits
Nov 5, 2015 | The Hill - E2 Wire
By Timothy Cama
Colorado’s governor is trying to stop its attorney general from challenging Obama administration environmental regulations. Gov. John Hickenlooper, a Democrat, wants Colorado’s highest court to rule that Cynthia Coffman, the Republican attorney general, cannot challenge federal rules without his consent... -
Obama Denial of Keystone XL Pipeline Seen Looming
Nov 6, 2015 | BNA Daily Environment Report
By Rebecca Penty
The Keystone XL review suddenly looks like a priority for the Obama administration, and cheap oil may be part of the reason. After dragging its feet for years to dodge one of the most contentious energy issues during President Barack Obama's time in office, the administration took only a couple of days to deny... -
EPA Seeks More Information on Oil, Gas Sector Emissions
Nov 6, 2015 | BNA Daily Environment Report
By Patrick Ambrosio
The Environmental Protection Agency is asking the oil and gas industry for more information on hazardous air pollutant emissions from the sector after learning of a potential compliance issue with national emissions standards. The agency, in a request for information signed Nov. 4, asked the industry for data on emissions from small glycol... -
Texas Keeping All Options Open on Clean Power Plan
Nov 6, 2015 | BNA Daily Environment Report
By Nushin Huq
Texas agencies are working with the governor examining possible ways to implement the Clean Power Plan, the chairman of the Texas Commission on Environmental Quality told Bloomberg BNA, contradicting remarks made last week by the attorney general's chief of staff. -
North Carolina Floats Draft Carbon Rules
Nov 6, 2015 | BNA Daily Environment Report
By Andrew M. Ballard
North Carolina regulators are seeking comments on their plan to implement Clean Power Plan requirements for controlling carbon dioxide emissions. The North Carolina Environmental Management Commission Nov. 5 approved and released for public comment proposed rules aimed at improving operating efficiencies at coal and natural... -
These 3 States Have A Head Start On The Clean Power Plan. You'd Never Guess Who They Are.
Nov 5, 2015 | Environmental Working Group
By Keith Gaby
Everyone in Colorado skis, all Oklahomans can rope a calf, and native New Jerseyans like me all talk like Pauly D did on Jersey Shore. Right? You may also stereotype when it comes to clean energy: Progressive states such as California are pumping out clean, renewable energy while others insist on clinging to old, dirty power plants. -
RGGI Will Hear From Stakeholders on EPA Plan
Nov 6, 2015 | BNA Daily Environment Report
By Gerald B. Silverman
The Regional Greenhouse Gas Initiative (RGGI) will be hearing from electric power companies, environmental groups and others Nov. 17 on what the nine states in the cap-and-trade program need to do to comply with the Clean Power Plan. The stakeholders will provide comments at the first in a series of meetings planned by RGGI... -
Senate Vote to Kill Carbon Rules Likely Before Climate Talks
Nov 6, 2015 | BNA Daily Environment Report
By Anthony Adragna
Senate votes to overturn the centerpieces of President Barack Obama's efforts on climate change will almost certainly occur during November before nations gather in Paris to negotiate an international agreement on climate change, Sen. Jim Inhofe (R-Okla.) told Bloomberg BNA Nov. 5. -
House GOP Urged To Expand Regulatory Review Bill
Nov 5, 2015 | InsideEPA
Representatives from the forest, paper and other industries are urging House Republicans to expand the scope of a bill that would automatically block EPA and other agencies from implementing “high-impact rules” if legal challenges to the regulations are pending, by revising the “high-impact” definition in order to capture more rules. -
Bill to Revamp Land and Water Fund Unveiled
Nov 6, 2015 | BNA Daily Environment Report
By Alan Kovski
A bill to revamp as well as reauthorize the Land and Water Conservation Fund was unveiled Nov. 5 as a discussion draft by Rep. Rob Bishop (R-Utah) with proposed elements that would assure more state control over the funds. The proposed changes would use part of the appropriated funds for a pilot program to streamline offshore...
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(ACC Mentioned) US Bottle Recycling Hits 3 Billion Pound Mark
Nov 5, 2015 | Plastics News
By Jim Johnson
Post-consumer plastic bottle recycling hit another milestone last year in the United States, and in the process continued a growth trend that now reaches back for a quarter century.
New statistics from the Association of Plastic Recyclers and the American Chemistry Council show that bottle recycling increased by 97 million pounds to top 3 billion pounds for the first time in 2014. The overall plastic bottle recycling rate inched up 1 percent to 31.8 percent.
The year-over-year increase of 97 million pounds to 3.003 billion pounds represents a 3.3 percent increase from 2013’s total of 2.906 billion pounds.
PET and high density polyethylene were the big boys when it comes to plastic bottle recycling, and that’s no surprise. Those categories accounted for 97.2 percent of the plastic bottle recycling market, with polypropylene accounting for another 2.6 percent.
“All trends are positive this year, in a very tough market. We’re pleased that we continue to both maintain and see slight growth going forward,” APR Executive Director Steve Alexander said. “We’re excited that the record number of bottles were collected last year.”
As managing director of plastics markets for the ACC, Keith Christman pays attention to these kinds of statistics.
The increase, he said, can be attributed to a couple of different factors.
“I think this reflects single-stream recycling, the success of that in getting more people to participate in recycling,” he said.
Single-stream allows citizen recyclers to mingle all of their recyclables in one cart instead of having to worry about separating out the items prior to collection. This easier approach has proven to increase household participation and volumes.
Movement of recycling programs to start accepting all types of plastic bottles also has helped push the numbers higher, Christman said.
“We know that from studies that have been done over the years. Having more communities recognize the need to collect all plastic bottles makes it easier for people and increases plastic bottle recycling,” he said.
While overall tonnage is up, the year-over-year increase slowed from 2013 to 2014 in terms of actually pounds collected.
Numbers released last year for 2013 showed that post-consumer plastic bottle collection increased by 120 million pounds. The increase was 161 million pounds in 2012.
“One factor playing an important part there is light weighting of bottles that we see continuing,” Christman said.
As bottles get lighter, recyclers have to collect more to keep pace. “It makes it harder to have dramatic increases in the pounds of recycling if the amount of material going on to the marketplace is growing more slowly,” he said.
Also impacting the overall size of the post-consumer plastic bottle market is the fact that some products are switching to smaller bottles thanks to the use of concentrated formulas.
While overall bottle collection increased by 97 million pounds, according to the report, the total weight of all bottles in the market only increased by 19 million pounds from 2013 to 2014. This 0.2 percent growth rate is below a three-year average growth rate of 1.2 percent. PET bottle sales increased in 2014 while HDPE bottle sales “held nearly steady,” according to the report.
While PP bottle recycling remains small compared to HDPE and PET, Alexander pointed to a 28.3 percent collection increase in that category year-over-year. PP bottle recycling reached 79.5 million pounds last year. That represents a collection rate of 44.9 percent, the report conducted by Moore Recycling Associates Inc. indicates.
The latest results mark 25 consecutive years of plastic bottle recycling growth dating back to 1990 when the survey was first conducted, the trade groups said.
“We’re excited that the record number of bottles were collected last year,” Alexander said.
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(ACC Mentioned) U.S. Plastic Bottle Recycling Reaches 3 Billion Pounds
Nov 5, 2015 | Plastics Technology
By Heather Caliendo
Plastic bottle recycling grew 97 million pounds in 2014 to top 3 billion pounds for the year, according to figures released jointly by the Association of Plastic Recyclers (APR) and the American Chemistry Council (ACC). The recycling rate for plastic bottles climbed 1% to 31.8% for the year.
Trends in plastics recycling highlighted in the 25th annual National Post-Consumer Plastics Bottle Recycling Report include: Single-stream collection of household recyclables continues to grow, resulting in higher participation ratesUse of plastic bottles in packaging applications is expanding but offset by continued lightweighting and increased use of concentrates with smaller, lighter bottlesLack of access to away-from-home recycling continues to be a barrier to increased collection
During 2014, the collection of high-density polyethylene (HDPE) bottles—a category that includes milk jugs and bottles for household cleaners and detergents—rose to nearly 1.1 billion pounds, a gain of over 62 million pounds from 2013. The recycling rate for HDPE bottles rose to 33.6%.
A higher percentage of all post-consumer plastic bottle material was processed by domestic reclaimers in 2014. Exports of all post-consumer plastic bottles rose slightly (in pounds) but fell to the lowest percentage of exports in six years (21.9%) as the amount of bottles collected increased faster than did exports, according to the report. The drop in exports may reflect the strength of the U.S. dollar and growth in domestic reclamation capacity.
U.S. reclamation capacity for HDPE increased to its highest level ever in 2014. Exports of HDPE bottles rose from 15.6 to 19.7% (218 million pounds) of domestically collected material, and domestic reclaimers processed approximately 951 million pounds of HDPE bottles in 2014.
“The message to American consumers is that plastic bottles are valuable resources even after they’ve been used,” said Steve Alexander, executive director of APR. “Americans generated an estimated $730 million in recycled plastic bottles in 2014. The simple act of recycling helps generate local revenue, supports recycling jobs, and enables us to continue to benefit from these useful resources.”
“This report clearly illustrates 25 years of year-over-year growth in recycling plastic bottles,” added Steve Russell, vice president of plastics for the American Chemistry Council. “Plastics help reduce energy use and conserve resources—and after use, these efficient products and packages are increasingly valued as recycled materials. We’re confident that plastics recycling will continue to grow, and we will continue working to accelerate that growth.”
This year’s survey also found that the collection of polypropylene (PP) bottles jumped 28.3% for the year to reach 79.5 million pounds, as the collection rate sprang to 44.9%. Domestic processing of postconsumer PP bottles grew to 65.3 million pounds. PP bottles deliberately recycled as PP (instead of blended with HDPE) rose from 44.2 million pounds in 2013 to 45.6 million pounds in 2014. Although PP caps, closures and non-bottle containers are widely collected for recycling in the United States, these data are presented in a separate report on recycling non-bottle rigid plastics, which will be released in the coming months.
Together, polyethylene terephthalate (PET) and HDPE bottles continue to make up nearly 97% of the U.S. market for plastic bottles with PP comprising 1.9%, LDPE 0.8% and PVC 0.4%.
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(ACC Mentioned) Report: US Plastics Recycling Increases for 25th Straight Year
Nov 6, 2015 | Waste Management World
By Ben Messenger
Plastic bottle recycling in the US grew by 3.3% or 97 million pounds (44,000 metric tonnes) in 2014 according to figures released jointly today by the Association of Plastic Recyclers (APR) and the American Chemistry Council (ACC).
The ACC said that the 25th annual National Post-Consumer Plastics Bottle Recycling Report marks the twenty-fifth consecutive year that Americans have increased the pounds of plastic bottles collected for recycling since the survey began in 1990, with the total now toping 3 billion pounds (1.36 million tonnes)
According to the report the recycling rate for plastic bottles climbed 1% to 31.8% for the year.
Trends in plastics recycling highlighted in the report include: Single-stream collection of household recyclables continues to grow, resulting in higher participation ratesUse of plastic bottles in packaging applications is expanding but offset by continued lightening and increased use of concentrates with smaller, lighter bottlesLack of access to away-from-home recycling continues to be a barrier to increased collection.
The report also showed that during 2014 the collection of high-density polyethylene (HDPE, #2) bottles, a category that includes milk jugs and bottles for household cleaners and detergents, rose to nearly 1.1 billion pounds (500,000 tonnes), a gain of over 62 million pounds (28,100 tonnes) from 2013. The recycling rate for HDPE bottles rose to 33.6%.
Further, a higher percentage of all post-consumer plastic bottle material was found to have been processed by domestic reclaimers in 2014. Exports of all post-consumer plastic bottles rose slightly by weight but fell to the lowest percentage of exports in six years (21.9%) as the amount of bottles collected increased faster than did exports, according to the report.
The authors said that the drop in exports may reflect the strength of the U.S. dollar and growth in domestic reclamation capacity.
U.S. reclamation capacity for HDPE increased to its highest level ever in 2014. Exports of HDPE bottles rose from 15.6% to 19.7% (218 million pounds or 99,000 tonne) of domestically collected material, and domestic reclaimers processed approximately 951 million pounds (431,000 tonnes) of HDPE bottles in 2014.
“The message to American consumers is that plastic bottles are valuable resources even after they’ve been used,” said Steve Alexander, executive director of APR. “Americans generated an estimated $730 million in recycled plastic bottles in 2014. The simple act of recycling helps generate local revenue, supports recycling jobs, and enables us to continue to benefit from these useful resources.”
“This report clearly illustrates 25 years of year-over-year growth in recycling plastic bottles,” added Steve Russell, vice president of plastics for the American Chemistry Council. “Plastics help reduce energy use and conserve resources—and after use, these efficient products and packages are increasingly valued as recycled materials. We’re confident that plastics recycling will continue to grow, and we will continue working to accelerate that growth.”
This year’s survey also found that the collection of polypropylene (PP, #5) bottles jumped 28.3% for the year to reach 79.5 million pounds (36,000 tonne), as the collection rate sprang to 44.9%.
Domestic processing of postconsumer PP bottles grew to 65.3 million pounds (29,500 tonnes). PP bottles deliberately recycled as PP (instead of blended with HDPE) rose from 44.2 million pounds (20,000 tonnes) in 2013 to 45.6 million pounds (20,700 tonnes) in 2014.
The authors also noted that although PP caps, closures and non-bottle containers are widely collected for recycling in the United States, these data are presented in a separate report on recycling non-bottle rigid plastics, which will be released in the coming months (until then see “2013 Rigids Recycling Report”).
Together, polyethylene terephthalate (PET, #1) and HDPE bottles continue to make up nearly 97% of the U.S. market for plastic bottles with PP comprising 1.9%, LDPE 0.8% and PVC 0.4%.
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(ACC Mentioned) West, Texas Rulemaking Will Disappoint Labor
Nov 5, 2015 | PoliticoPro
By Brian Mahoney
A forthcoming regulation to address chemical safety in the wake of the 2013 West, Texas, explosion won’t likely contain a provision that labor groups and environmentalists say is necessary to prevent another disaster.
The long-anticipated update to the EPA’s “risk management plan” rule is the agency's response to an executive order that President Barack Obama issued after the explosion at the West Fertilizer Company. The disaster, caused by exploded ammonium nitrate, killed 15 people and exposed weaknesses in how dangerous chemicals are stored and regulated.
POLITICO has learned that EPA Administrator Gina McCarthy indicated during an Oct. 13 meeting with environmental activists that the updated plan will not include a so-called Inherently Safer Technologies component, according to several people who were present at that meeting.
Inherently Safer Technologies, or IST, is a “design concept” that requires companies to implement, whenever feasible, a wide range of practices to prevent chemical explosions, including the use of less hazardous materials and the alteration of procedures to reduce the likelihood of human error.
A voluntary IST program announced by Clorox in 2009, for example, replaced chlorine gas with the less dangerous sodium hypochlorite feed stock in manufacturing the company's trademark bleach. The change removed a major explosive hazard at Clorox manufacturing facilities and eliminated risks associated with transporting the company’s chlorine gas by rail.
Workplace safety advocates and environmentalists have long wanted the EPA to craft a rule requiring mandatory IST implementation for facilities using or storing dangerous chemicals, and the executive order arising from the West, Texas, incident was their best chance in a generation to see that through, they said.
But they “were told point blank that there was really no way IST is going to be included,” said David LeGrande, coordinator for occupational safety and health at the Communications Workers of America. “Just too large of a step for the administration to take on.”
The EPA declined to comment. The agency “is currently working on modernizing the Risk Management Plan rule,” a representative told POLITICO in a statement. “We cannot discuss what revisions may or may not be included in the proposal until we issue the proposed rule.”
McCarthy’s Oct. 13 comments surprised the advocates, according to interviews with several of those in the room. Agency officials had told them earlier in the year that some form of IST requirement would be part of the forthcoming regulation, which had been due in September.
“I couldn’t really discern why they were pedaling lighter. It clearly was obvious in the meeting, and we posited many common-sense reforms that are long overdue,” said Gerald Poje, a health care management consultant who was previously on the U.S. Chemical Safety Board, an independent agency created under the 1990 Clean Air Act.
The advocates say the apparent capitulation on IST further dents an already spotty administration record on workplace safety. Major OSHA rulemakings on exposure to silica and beryllium, for example, have long been delayed by the administration. Many fear the West, Texas, final rule won’t issue during President Barack Obama’s second term. Should a Republican win the presidency, they fear a regulation might be killed altogether.
“There is no action yet from the Obama administration to the most manifest tragedy associated with West, Texas,” Poje said. “This is not a complicated issue, this is an issue of political will. And right now many of us are seeing a political willfulness for the EPA to turn its back on common-sense reforms to chemical facility safety and security.”
Industry lobbyists paint a different picture of IST, saying it’s broadly defined and too complex to implement via regulation. “I can’t say that [the advocates] should be entirely surprised,” said Scott Jensen, a communications director at American Chemistry Council. Jensen said the EPA has “made it pretty clear that they weren’t going to pursue regulatory requirements around IST.”
Patrick Coyle, a former chemical industry engineer who writes a blog on chemical safety, said the EPA is unable to implement an IST rulemaking properly. Coyle said companies adopt IST regimes in many different ways and for many different chemicals. “Trying to write legislation or regulation language that makes any sense, that’s going to have any non-crippling effect, is really difficult,” he said. “The problem is that there’s no simple definition of IST.”
Cost is another reason the industry is wary of a mandatory IST regulation. “This is one of the reasons that industry’s still using chlorine gas,” Coyle told POLITICO. “It is so much cheaper than the alternatives that even with all the other safety stuff they have to add on and all the extra insurance that they have to carry to protect themselves from the accidental release of chlorine gas, it’s still cheaper by orders of magnitude.”
Advocates, on the other hand, point to a successful IST implementation at California oil refineries in Contra Costa County. They also point to a 2006 Center for American Progress report that showed 87 percent of surveyed facilities spent less than $1 million implementing ISTs. “We pointed that out to the administrator and [their] response was that’s such a small piece of the puzzle in terms of the entire chemical facility issue,” LaGrande said, referring to the California IST implementation.
The advocates expect the EPA to have some component requiring companies to gauge the feasibility of using safer chemicals and processes, but the loss of IST is a major disappointment for the group. The political will for reform after the West, Texas, explosion simply isn't there any longer, they say.
“I think the only thing, quite frankly, that’s going to move this issue at this point are some more disasters,” LaGrande said.
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Senate Logjam Over Chemical Reform Remains Unresolved
Nov 6, 2015 | BNA Daily Environment Report
By Anthony Adragna
Efforts to revamp the nation's primary chemical law remain unresolved more than a month after two Republican senators first blocked consideration of the bill over the expiration of an environmental conservation program.
Proponents of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (S. 697) say negotiations to resolve the impasse over the Land and Water Conservation Fund continue and they remain optimistic the legislation will ultimately pass the Senate. But some senators, including Environment and Public Works Committee Chairman Jim Inhofe (R-Okla.), acknowledged frustration that the situation hasn't yet been resolved.
“We have to have the bill—as soon as possible,” Inhofe told Bloomberg BNA Nov. 5. The delay “is just so unnecessary.”
Republican Sens. Richard Burr (N.C.) and Kelly Ayotte (N.H.) first blocked forward movement on S. 697 to revamp the Toxic Substances Control Act in early October, citing expiration of the Land and Water Conservation Fund, which uses oil and gas royalties for recreation and conservation projects (193 DEN A-7, 10/6/15).
Burr and Ayotte, who are both co-sponsors of the underlying bill, are pushing for an immediate reauthorization of the fund. Several options remain under consideration for how to address their concerns, according to Senate aides, including a potential standalone vote.
Three-fifths of the Senate chamber is co-sponsoring the underlying legislation, which also enjoys the backing of various industries and some environmental groups. Led by Sens. Tom Udall (D-N.M.) and David Vitter (R-La.), the bill would require the Environmental Protection Agency for the first time to assess the safety of chemicals in commerce and assure their safety before being allowed to enter commerce.
‘Good Conversations' Continue
Udall told Bloomberg BNA that “good conversations” about ending the impasse continue and said proponents are eyeing Senate floor action “in the next month or so” or “hopefully a bit earlier.”
Burr said in an interview that talks are “heading in the right direction,” but no solution had yet emerged.
Should the bill clear the Senate, it would have to be merged with a similar House-passed measure, the TSCA Modernization Act (H.R. 2576), which cleared the lower chamber in June (121 DEN A-1, 6/24/15).
Despite the delays in Senate consideration, bill proponents remain confident they will have enough time to resolve differences between the measures and ultimately get the bill enacted into law this session of Congress.
“It's not the end of the world if it doesn't happen before” early next year, Inhofe said.
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What Does BPA Have To Do With Metabolism, Mazes And My Mom?
Nov 6, 2015 | Environmental Working Group
By Jonathan Choi
Last week my mom called me out of the blue with a question on chemicals. You see, in my family, we make (and eat) a lot of kimchi—that spicy, wonderful, fermented cabbage that is ubiquitous in Korean cuisine. For my entire life, we’ve been using the same hard plastic containers to store and ferment kimchi in the basement fridge. My mom was calling me because those containers were getting pretty old and she wanted to replace them. She was wondering whether she should pay a bit more to buy kimchi containers that were explicitly labeled “BPA free.”
Bisphenol A, or BPA for short, is a compound that you’ve probably heard a lot about. I vaguely remember hearing about it when I started high school. At the time everyone and their parents were swapping out their old water bottles for those labeled as “BPA free.”
The questions swirling around BPA have made a reappearance in my life as a fellow working on chemicals issues at EDF. Among other chemicals, EDF has been following the science behind BPA (see here, here, and here) for quite some time.
So what’s the big fuss? Well, first, there is widespread exposure to BPA. The biennial CDC NHANES biomonitoring survey indicates that nearly all Americans are exposed to BPA. Indeed, BPA can be found in everyday products including receipts, canned foods lining, and plastic water bottles. BPA is also an endocrine disrupter—a chemical that mimics a natural hormone and can interfere with the normal function of the very important endocrine (i.e., hormone) system. Indeed, numerous animal and human studies (see here, here, and here for example) strongly suggest that BPA can have some pretty awful effects, ranging from impacts on cardiovascular health and neurological development to reproduction and cancer.
Two recently published studies have added more insight into the potential metabolic and neurodevelopmental effects of BPA.
BPA and metabolic effects
A new study conducted jointly by researchers at the University of Toulouse in France and Tufts University in Boston examined the long-term metabolic effects of perinatal (around birth) BPA exposure. The researchers conducted their study by exposing pregnant laboratory rats to various low daily doses of BPA: 0, 0.25, 2.5, 25, and 250 micrograms per kilogram of body weight (µg/kg-bw). All of these doses but the 250 ug/kg-bw dose are lower than the current FDA daily “safe” intake level of BPA for humans (50 ug/kg-bw). The researchers then took the litters (offspring) of these rats, raised them to adulthood, and analyzed differences in the metabolomes (the complete make-up of small molecules and metabolites) of the offsprings’ blood and livers.
Using new statistical techniques, researchers were able to show that the different doses of BPA administered to pregnant rats led to differences in the blood and liver metabolomes of their offspring that persisted into adulthood. Interestingly, the authors found changes in levels of compounds involved with providing the body’s energy (e.g., glucose, lactate, and fatty acids.
In addition, by analyzing a subset of the metabolites, the authors found that BPA affected a set of biochemical pathways linked to the ability of cell membranes to function as neurotransmitters. This new suggests a potential link between BPA exposure, cell signaling and neurodevelopment.
BPA and spatial learning
Another study by researchers at the University of Missouri, the National Center for Toxicological Research at the FDA, and Texas A&M University study the effects of BPA exposure on spatial learning in laboratory rats —specifically, the ability to remember landmarks and visual cues from one’s surroundings. In their study, groups of pregnant rats were given various daily doses of BPA: 0, 2.5, 25, and 2500 μg/kg-bw. After birth, the offspring of these rats continued to receive the same daily doses of BPA as their mothers.
At approximately three months of age, researchers evaluated the offspring’s spatial learning abilities using a Barnes maze. The Barnes maze consists of a large table with 20 circular holes cut around its edges. Underneath one of the holes is a small box in which a rat can take shelter. The idea is that, placed on the exposed table under light, the rat will try to quickly locate the correct sheltered hole and will learn where that hole is relative to other visual landmarks in the test room. By measuring the amount of time it takes the rats to find the shelter hole after a week of training, researchers can assess whether rats are having trouble learning the spatial cues set around the room.
In this study, researchers found that female rats that had been exposed to the highest levels of BPA had greater difficulty remembering where the shelter hole was relative to the lower dose groups. Curiously, they did not find this effect in males, which suggests the need for further research regarding sex-specific effects of BPA on neurodevelopment.
Advice to Mom?
So what did I tell my mom to do about her kimchi containers? I told her to switch to glass if she could, but my mom’s getting old and lifting those big glass jars of kimchi isn’t easy. Unfortunately, because of our broken chemical safety law (we’ve blogged about this a ton too), I couldn’t tell her that those lightweight plastics were safe without a slew of qualifiers. So when I get home for Thanksgiving, there’ll probably be a mountain of kimchi (which I will finish, some way or another), some inspections of our containers, and a trip to the store to check out our options.
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Burgeoning Uses Of Genetically Engineered Algae Spur EPA To Update Guidance
Nov 5, 2015 | BNA Energy & Environment Blog
The growing ability of companies to genetically engineer algae to make biofuels and other chemicals and to undertake tasks such as capturing carbon dioxide from power plants is a key reason the Environmental Protection Agency is updating guidance manufacturers should use before submitting required information.
Since 2003, the number of TSCA biotech cases submitted to EPA each year has increased from fewer than five to more than 40 to date in 2015.
The agency’s chemicals office, called the Office of Pollution Prevention and Toxics, recently held a workshop on the guidance and invited interested parties to submit written comments by Oct. 31.
Two views emerged.
Industry groups told the EPA its current regulatory approach is working well, but offered some suggestions to help the regulatory reviews be more effective without unduly burdening manufacturers.
Advocacy groups said the statute the agency is using to regulate genetically engineered microorganisms—the Toxic Substances Control Act—is inadequate for that purpose, as are the regulations and policies it has developed under that statutory authority.
The full story is available for subscribers in today’s issue of Chemical Regulation Reporter as well as today’s issue of Daily Environment Report.
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Highway Bill Passed With Environmental Amendments
Nov 6, 2015 | BNA Daily Environment Report
The House passed by a 363-64 vote Nov. 5 a multi-year highway bill (H.R. 22) that includes authorization for hazardous materials programs and environment provisions. The House and Senate will now move to conference, with House conferees also appointed Nov. 5. The two chambers have until Nov. 20, when a short-term patch expires. The bill includes Democrat-opposed environmental streamlining provisions—provisions some members hope to nix before the bill hits the president's desk—and a number of crude oil-by-rail, air and water infrastructure amendments added over the two-and-one-half-day floor process (214 DEN A-14, 11/5/15). “A long-term highway bill impacts the life of every single American,” said Rep. Bill Shuster (R-Pa.) in a statement following the bill's passage. “This long-term bill accomplishes something long overdue … I am proud that the House took action on an issue that quite frankly could not wait any longer.”
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House Picks Negotiators To Hammer Out Final Funding Bill
Nov 6, 2015 | E&E News PM
By Sean Reilly
House Transportation and Infrastructure Committee leaders today quickly announced their choice of members for a conference committee that could send a long-term highway and public transportation funding bill to President Obama within a few weeks.
Together, T&I Chairman Bill Shuster (R-Pa.) and ranking member Peter DeFazio (D-Ore.) named a lineup of 28 members that includes themselves and subcommittee leaders. Following House passage of its version of H.R. 22 earlier in the day, Shuster said he was confident that the conferees would be able to resolve differences with the Senate-passed bill and produce a final version "that improves our nation's infrastructure and reforms our transportation programs."
Senate conferees have not yet been announced.
In a flurry of news releases, passage of the House bill was welcomed by business lobbies and the American Association of State Highway and Transportation Officials (AASHTO). "The momentum is there," AASHTO Executive Director Bud Wright said, adding that both the House and Senate should begin negotiations in time to send a final bill to Obama before the latest stopgap extension expires Nov. 20. The existing extension is the fourth in a series passed since July of last year.
In other quarters, however, the applause was mixed with calls for higher funding levels and criticism of provisions affecting reviews of transportation and other public works projects. Environmental groups, for example, have denounced proposed changes that they say would erode National Environmental Policy Act safeguards.
"Instead of seizing the opportunity to move our transportation system into the 21st century, this bill puts the health and safety of local communities at risk by mandating hasty environmental reviews and shutting out the public from some of the most expensive and complex federal decisions," Raul Garcia, associate legislative counsel for the group Earthjustice, said in an email.
Furthermore, although both the House and Senate measures authorize six years of funding, neither would significantly increase spending over the status quo.
"At the funding levels proposed in both the House and Senate bills, the result will be more traffic," Transportation Secretary Anthony Foxx said in a statement urging lawmakers "to do more."
Making a similar plea was Pete Ruane, head of the American Road and Transportation Builders Association, who noted that the House bill does not provide a long-lasting revenue fix for the chronically unstable Highway Trust Fund.
Like its Senate counterpart, the legislation relies on an assortment of budget gimmicks to help offset the cost of another bailout from the general Treasury. One issue the conference committee will have to confront is a difference in the respective financing mechanisms of the House and Senate bills following the last-minute addition of an amendment today by Rep. Randy Neugebauer (R-Texas) that would tap Federal Reserve surpluses in place of reducing dividends for some large banks.
Both bills would also leave in place the long-standing structure that routes most federal highway money through state transportation departments. Earlier this week, the House Rules Committee blocked consideration of a bipartisan amendment by Reps. Rodney Davis (R-Ill.) and Dina Titus (D-Nev.) that would have modestly increased local governments' direct access to federal funds.
Congressional leaders "refused to publicly hear an argument in favor of giving more funding and authority down to the local leaders who best know what their communities need," said John Robert Smith, chairman of Transportation for America, an advocacy group that supported the amendment.
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CSX Develops App To Better Serve Public Safety Agencies' Cargo Information Needs
Nov 5, 2015 | Progressive Railroading
By Jeff Stagl
For years, CSX Corp. has worked with law enforcement agencies on joint security training and preparedness exercises. The Class I also long has tried to provide critical cargo information to state homeland security officers, local first responders and other officials to help them ensure the public’s safety.
Since the early 1990s, CSX has generated hazardous materials density reports for local emergency response and planning officials that include specific information on chemicals and other hazmat shipments moved through a particular community. And since 2007, the railroad has offered a map-based monitoring tool that enables homeland security and emergency management center officials to trace trains and rail cars in near real time.
Now, CSX is trying to provide vital cargo information in more ways, more detail and more immediacy, as well as in easier-to-use formats. To that end, the railroad in late August introduced Rail Respond, a mobile emergency information application. Using the app on any web-enabled device, first responders can look up the contents of a rail car or obtain train-list information in real time.
CSX aims to balance the need for transparency with the importance of protecting information from falling into the wrong hands — especially after 9/11, says spokesperson Melanie Cost. So, the Class I has attempted to leverage evolving technologies and collaborate more with constituents to improve its information-sharing tools.
“We know that having the facts — for planning and during an incident response — can make all the difference for keeping responders and the public safe,” says Cost. A new Rail Respond app is designed to help first responders learn the contents of a rail car in real time. Photo: CSX Corp.The railroad has made information-sharing strides from the original Community Emergency Response Guide paper document sent to 13,000 jurisdictions in CSX’s network, she says. Among the first: SecureNOW, which enables public safety and security officials to access to CSX’s Network Operations Workstation to track the location of trains and specific cars.
Introduced in 2007, the system initially covered the railroad’s operations in New Jersey and New York. But over the past eight years, it’s been expanded to 20 of the 23 states in CSX’s network, including focuses on the Philadelphia and Washington, D.C., areas. A SecureNOW system is in place at the U.S. Department of Transportation, Transportation Security Administration and CHEMTREC, a communications center for emergency responders established by the chemical industry in 1971.
The system displays CSX trains that are operating in certain municipalities or moving into high-threat urban areas. SecureNOW is designed to help state homeland security and local law enforcement officers identify the status of trains and cars, and better prepare for and respond to emergencies.
CSX executives believe that by providing additional train shipment information, the system can help law enforcement officials more efficiently allocate resources, integrate rail security into their operations and coordinate efforts with the railroad’s security staff. Launched in late August, the app is expected to attract about 8,000 users by year's end. Source: CSX Corp.Now, Rail Respond is the “new kid on the block” that enables CSX to better share info with emergency responders and law enforcement officials, says Skip Elliott, CSX’s vice president of public safety, health and environment. The free-to-use application can be accessed from any Android-, iOS- or Windows-based mobile device.
After signing in with an I.D. and password, a user can learn the contents of any train or car in real time, including the hazard classification, and toxic or poison inhalation hazard identification number. Rail Respond also provides a car’s diagram, volume, weight, load status, shipment packing group and train position.
Hazmat-carrying cars are highlighted for easier identification. The application is designed to help guide responders as they walk along a train to locate specific cars.
Last year, CSX developed the app with assistance from the Operation Respond Institute, which created a computer-based system that provides emergency responders with information about a rail car’s hazmat contents. The Class I purchased the Operation Respond technology and re-launched it in August as Rail Respond with additional features and what CSX executives characterize as a more user-friendly design.
Rail Respond builds on the railroad’s existing suite of tools for first responders, as well as meets and exceeds recommendations from the National Transportation Safety Board for improving information sharing, says Elliott.
Along with the other Class Is, CSX supports the Association of American Railroads’ AskRail™ tool, which enables first responders to use their smartphones to retrieve data about rail-car contents. But Rail Respond takes information sharing several steps further, says Elliott.
“We prefer to provide more specific information,” he says. “Rail Respond provides locomotive data, which we think is important. An emergency responder can know how much fuel is left in the locomotive’s fuel tank.”
Rail Respond offers two user levels: basic and advanced. Basic access is granted to firefighters and other responders, who can look up all information except trainset lists. Advanced access to all info is provided to fire and police chiefs, and other incident command officers.
In addition to obtaining train and car data, users can view an isolation zone based on a commodity’s characteristics and the proximity to day care centers, hospitals, schools and other sensitive facilities; access satellite imagery to zoom into a specific area; and obtain weather data to learn about any impending storms.
By year’s end or in early 2016, CSX plans to add a feature to Rail Respond that will enable users to identify water intakes and watersheds. The feature is designed to help responders coordinate efforts with local water authorities.
The railroad performs real-time monitoring of Rail Respond to ensure the app’s security. Controls are in place to notify CSX officials about any system abuse. If a user accesses car or trainset info, an automatic alert is sent to CSX’s Public Safety Coordination Center, which prompts a phone call to the user to determine the nature of an emergency and how the railroad can provide assistance.
“We want to make sure no one goes on a shopping spree of car numbers. We know who is making the inquiries,” says Elliott.
So far, about 4,000 emergency responders are using Rail Respond — a number that’s expected to grow to 8,000 by year’s end.
When CSX debuted the app Aug. 28 at the International Association of Fire Chiefs’ (IAFC) annual expo in Atlanta, more than 2,000 responders and fire officials viewed a demonstration.
“Then, 539 of them signed up to use it,” says John McFall, CSX’s manager of emergency planning and coordination-public safety, who manages the Rail Respond program.
A steering committee that includes representatives from the IAFC, National Volunteer Fire Council, Congressional Fire Services Institute and CHEMTREC provided feedback during Rail Respond’s development. Committee members — who continue to offer input — meet twice a year, but communicate on a regular basis, says McFall.
One committee member suggested CSX add the capacity of tank cars to the application instead of only showing a car’s current volume, so that data was incorporated into the app, he says.
Charles Werner, a retired chief of the Charlottesville, Va., fire department, also provided input to CSX. He believes Rail Respond is a critical tool for first responders.
“This real-time critical information is a game changer for public safety as it allows the use of today's smart device technology and computers to easily access the information when and where needed and at no cost,” Werner says. “Additionally, CSX has demonstrated its commitment to work with public safety to continue to listen and make improvements to Rail Respond.” -
Colorado Gov Wants To Stop State’s EPA Lawsuits
Nov 5, 2015 | The Hill - E2 Wire
By Timothy Cama
Colorado’s governor is trying to stop its attorney general from challenging Obama administration environmental regulations.
Gov. John Hickenlooper, a Democrat, wants Colorado’s highest court to rule that Cynthia Coffman, the Republican attorney general, cannot challenge federal rules without his consent, The Denver Post reports.At issue is a trio of lawsuits that Coffman joined in recent months to challenge EPA rules on hydraulic fracturing on public lands, redefining federal jurisdiction over waterways and carbon dioxide limits for power plants.
“The attorney general has filed an unprecedented number of lawsuits without support of or collaboration with her clients,” Jacki Cooper Melmed, chief legal counsel to the governor, told the Denver Business Journal following the Wednesday petition with the state’s Supreme Court.
"This raises serious questions about the use of state dollars and the attorney-client relationship between the governor, state agencies and the attorney general.”
Hickenlooper supports the regulations, but Coffman argues that the Obama administration overstepped its authority with each one.
The lawsuit against the climate rule for power plants is the most recent to create a rift between Hickenlooper and Coffman. It was filed late last month with 23 other states, along with three that filed separate challenges.
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Obama Denial of Keystone XL Pipeline Seen Looming
Nov 6, 2015 | BNA Daily Environment Report
By Rebecca Penty
The Keystone XL review suddenly looks like a priority for the Obama administration, and cheap oil may be part of the reason.
After dragging its feet for years to dodge one of the most contentious energy issues during President Barack Obama's time in office, the administration took only a couple of days to deny a TransCanada Corp. request to pause the process while the company sought approval in Nebraska.
The collapse of crude prices in the face of the U.S. shale boom has lowered gasoline prices, weakening an argument for the $8-billion project that resonated with American voters. This has paved the way for Obama to focus on one issue that's very dear to him: climate change.
“The political pressure on oil and gasoline prices dissipated to such an extent that the president has a freer hand,” said Paul Bledsoe, a Washington-based energy consultant who was a White House aide under Bill Clinton. “The president has become increasingly determined to act to protect America from the worst eventualities of climate change.”
Obama has been critical of Keystone XL, and while Republican presidential candidates for the 2016 election have shown support for the project, Democratic candidates have said they oppose it.
Latest Blow
The denial of a pause in the review is the latest blow to a project that's been under consideration by the U.S. for more than seven years and has split lawmakers, while hurting relations with Canada, which is seeking to expand markets for its crude (214 DEN A-19, 11/5/15). The request was seen by some analysts as an attempt to circumvent an expected rejection by Obama, which the company denied.
“It's the death of the project as long as Obama's president,” Bob Schulz, a professor at the University of Calgary's Haskayne School of Business, said in a phone interview. “There's zero percent probability Obama's going to say ‘Yes.' ”
The State Department in April 2014 halted its review for months over legal uncertainty about the path in Nebraska (76 DEN A-10, 4/21/14). But that was before crude's drop lowered gasoline prices at the pump.
Quick Response
The State Department said Nov. 4 that it has notified the company that the review will continue. The department was responding to a letter on Nov. 2 to Secretary of State John Kerry, in which TransCanada requested a suspension of the assessment while Nebraska regulators conduct their own (212 DEN A-19, 11/3/15).
“We've told TransCanada that the review process will continue,” State Department spokesman John Kirby told reporters in Washington Nov. 4, a day after the White House said the review would be completed by the end of Obama's term. Kirby said Kerry wanted to finish work on the review after “all that has gone into it.”
The pipeline builder pledged to keep trying to advance the project.
“Our efforts will continue to demonstrate that Keystone XL is in the national interest of the United States,” Mark Cooper, a spokesman for the Calgary-based company, said in an e-mail on Nov. 4.
Keystone XL would span 1,179 miles (1,897 kilometers) from Alberta through three states—Montana, North Dakota, and Nebraska—before connecting to an existing pipeline network supplying U.S. Gulf Coast refineries.
Heated Debate
Supporters argue the project would create jobs, open markets for Canadian crude and displace U.S. imports of crude from the Middle East and Venezuela. The project is one of four major pipeline proposals designed to carry rising volumes of oil-sands bitumen that are delayed amid environmental opposition. Both supporters and opponents of the project have debated its potential impact on U.S. gasoline prices. As the cost of filling up fuel tanks has fallen, the debate has become irrelevant.
Environmental activists have spent heavily in hopes of defeating a project they say would drastically increase emissions blamed for global warming by enabling development of the oil sands.
It looks increasingly unlikely that the pipeline will get built and Obama's expected rejection could come before next month's United Nations climate meeting in December, Rob Barnett and Cheryl Wilson, energy policy analysts at Bloomberg Intelligence, wrote Nov. 5 in a note.
Frank Benenati, the White House press secretary, declined to comment on Nov. 4 and referred questions to the State Department. A day earlier, the White House press secretary had cast doubt on the justification for halting the review.
Not Political
TransCanada Chief Executive Officer Russ Girling, on a Nov. 3 earnings conference call, said the company's request had nothing to do with politics and was meant to let the outcome of a regulatory assessment of the pipeline in Nebraska be considered in the State Department's review. The Nebraska review is due to extend well into 2016.
The bid by the company now looks like an unsuccessful move in a game of chess, said Martin Pelletier, managing director and portfolio manager at TriVest Wealth Counsel Ltd. in Calgary.
“They clearly saw a potential checkmate on the horizon and they made their best counter move and the U.S. just called them on it,” Pelletier said. He predicted Obama will deny the line instead of leaving it to his successor, to secure his environmental legacy. “You'll get a rejection.”
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EPA Seeks More Information on Oil, Gas Sector Emissions
Nov 6, 2015 | BNA Daily Environment Report
By Patrick Ambrosio
The Environmental Protection Agency is asking the oil and gas industry for more information on hazardous air pollutant emissions from the sector after learning of a potential compliance issue with national emissions standards.
The agency, in a request for information signed Nov. 4, asked the industry for data on emissions from small glycol dehydrators, which remove water vapor from natural gas.
The EPA established emissions standards for small glycol dehydration units in a 2012 rule (RIN 2060-AP76) that included the first national emissions standards for natural gas fracking operations (77 Fed. Reg. 49,490; 75 DEN A-1, 4/19/12).
However, the agency said it recently learned of a potential compliance demonstration issue for dehydration units that have very low emissions of benzene, toluene, ethylbenzene and xylene. The emissions standards for those units may actually be below the level of emissions that can be detected by the method used to ensure compliance.
“If there are units that fit this criterion, it is theoretically possible that neither the source nor the EPA could verify compliance using the methods specified in the rule,” the agency said.
The agency asked the natural gas industry for an estimate of the number of units where this compliance demonstration issue could be a potential problem. The industry also was asked to provide data on emissions of hazardous air pollutants other than benzene, toluene, ethylbenzene and xylene from small glycol dehydration units and information on methods that are effective in controlling those emissions.
Storage Tank Data Also Requested
The information request also asked the industry to provide data on storage vessels without potential flash emissions. The vessels are a potential source of emissions that are unregulated.
The EPA in 2011 proposed to establish maximum achievable control technology standards for those storage vessels but did not include the standards in the 2012 final rule because additional data were needed. The agency requested that industry provide data characterizing emissions and emissions rates from storage vessels used in oil and natural gas production that do not have potential flash emissions but still emit hazardous air pollutants.
Industry also was asked to provide information on technologies or best practices that could be used to reduce emissions from those storage vessels.
A 60-day comment period will open once the information request is published in the Federal Register. Once published, comments will be accepted at http://www.regulations.gov under Docket No. EPA-HQ-OAR-2010-0505.
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Texas Keeping All Options Open on Clean Power Plan
Nov 6, 2015 | BNA Daily Environment Report
By Nushin Huq
Texas agencies are working with the governor examining possible ways to implement the Clean Power Plan, the chairman of the Texas Commission on Environmental Quality told Bloomberg BNA, contradicting remarks made last week by the attorney general's chief of staff.
The TCEQ is looking at ways to implement the Clean Power Plan, even though it feels that the carbon rule finalized by the Environmental Protection Agency is illegal, Chairman Bryan Shaw told Bloomberg BNA Nov. 4.
“We're preparing to be able to implement and look at what it would take to implement some or all of the Clean Power Plan,” Shaw said.
TCEQ's position is that the Clean Power Plan is flawed and illegal, because it moves beyond what Section 111(d) of the Clean Air Act gives the government authority to regulate, Shaw said.
Texas and West Virginia are leading the coalition of states challenging the rule (West Virginia v. EPA (D.C. Cir. 2015) ).
The EPA's Clean Power Plan (RIN 2060-AR33) sets carbon dioxide emissions limits for power plants. Each state is expected to phase in a compliance plan between 2022 and 2030.
On Oct. 30, Bernard McNamee, chief of staff to Texas Attorney General Ken Paxton (R), told attendees at the meeting of the American Bar Association's Section of Environment, Energy and Resources in Chicago that Texas probably wouldn't submit a plan to the EPA next year(211 DEN A-11, 11/2/15).
“We don't expect we'll need one,” McNamee said.
But the TCEQ has been in talks with Gov. Greg Abbott's (R) office, Shaw said. Under the Clean Power Plan, the governor has to sign off on the state's final plan.
Making Preparations
“We recognize that especially until we have direction from the governor's office, we're trying to ensure that we're digging through the thousands of pages of documents and trying to make sure that as we advise the governor, that we're giving good technical and legal information about what the options are,” Shaw said.
He added that in addition to the governor's office, TCEQ was also communicating with the state attorney general's office and the public utilities commission.
“In order to be able to comply with and be able to keep our options open, we have to be active in doing things now,” Shaw said. The agency is developing an outreach plan to get ideas about the rule from stakeholder groups, he said.
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North Carolina Floats Draft Carbon Rules
Nov 6, 2015 | BNA Daily Environment Report
By Andrew M. Ballard
North Carolina regulators are seeking comments on their plan to implement Clean Power Plan requirements for controlling carbon dioxide emissions.
The North Carolina Environmental Management Commission Nov. 5 approved and released for public comment proposed rules aimed at improving operating efficiencies at coal and natural gas plants in North Carolina that had been drafted by the state Department of Environmental Quality.
In a statement issued that day, the department said it believes that rules to improve efficiencies at generating units “is the only component of the federal carbon rule that is legal under the Clean Air Act.”
Under the Clean Power Plan issued by the Environmental Protection Agency, states have until Sept. 6, 2016, to submit a plan to implement carbon reduction requirements or be subject to a federal implementation plan.
North Carolina has joined several other states in a legal challenge to the EPA's rules. In a Nov. 3 letter, the department said it believes the Clean Air Act expressly prohibits the EPA from using Section 111(d) to regulate emissions from source categories already regulated under Section 112 of the law.
The state rulemaking oversight commission voted to provide a public comment period on the proposed efficiency rules that will run from Nov. 16 until Jan. 15, 2016, and hold three hearings. The rules also are subject to review by the state Legislature before they could become final.
According to Molly Diggins, director of the North Carolina Sierra Club, the state's rules are “designed to be rejected” by the EPA. “Rather than make an honest effort to reduce carbon emissions, the [Gov. Pat McCrory (R)] administration would rather use taxpayer
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These 3 States Have A Head Start On The Clean Power Plan. You'd Never Guess Who They Are.
Nov 5, 2015 | Environmental Working Group
By Keith Gaby
Everyone in Colorado skis, all Oklahomans can rope a calf, and native New Jerseyans like me all talk like Pauly D did on Jersey Shore. Right?
You may also stereotype when it comes to clean energy: Progressive states such as California are pumping out clean, renewable energy while others insist on clinging to old, dirty power plants. Well, it’s more complicated than that.
California, which has a market-based system for cutting carbon pollution, does lead the country. But a number of states nationwide, including notably Nevada, Texas and North Carolina, are also making great progress on clean energy – which may surprise some.
Their success is evidence that the supposed divide on clean power may be more about politics than economics and opportunities on the ground.
And that bodes well for the federal Clean Power Plan’s goal of reducing emissions from America’s power plants. Because if Texas is well-positioned to comply, why couldn’t other states do the same? Energy policies that boost state economies
Texas, home of Big Oil, big hats, and JR Ewing, actually has more energy potential from resources sweeping over its prairies – in the form of wind and sunshine – than from those flowing underneath them. The state leads the nation in wind power and combined heat and power, and has the potential to generate more solar power than any other state.
If energy efficiency used by Austin Energy were extended across the state, it would reduce peak electricity growth by 40 percent, while keeping Texans as high-powered as ever.
Nevada, meanwhile, has also been smart about exploiting its huge solar energy potential. The state’s current renewable energy standard requires utilities to generate 25 percent of its power from renewable resources by 2025, with 6 percent coming from solar energy by 2016.
With more than 250 days of sunshine a year and abundant wind and geothermal energy potential, this goal is well within reach. Nevada’s forward-thinking energy policies and commitment to clean energy are part of the reason Tesla chose it as the location of its multi-billion dollar gigafactory to produce batteries for electric cars.
Finally, in North Carolina, tax credits and a modest renewable energy portfolio standard created opportunities to build a strong clean energy industry.
North Carolina is now one of the top four states in installed solar capacity and second behind California in large, utility-scale solar projects. Clean energy added nearly $5 billion to the state’s economy last year, and today provides nearly 23,000 jobs.
Earlier this year, tech giants like Google, Apple and Facebook told lawmakers that state policies “made North Carolina particularly attractive to [their] businesses.” Retail giants Walmart and North Carolina-based Lowe’s Home Improvement told lawmakers they want more choice and competition when it comes to energy.
North Carolina’s burgeoning clean energy economy suffered a set-back this year, however, when state lawmakers chose not to extend the tax credit – proving that state legislators are not required to take the Hippocratic Oath. Back-track or invest in the future?
All this will make a big difference when it comes to implementing the Environmental Protection Agency’s Clean Power Plan, which gives each state a target and flexibility for cutting climate pollution.
As much as some leaders in the Lone Star State and elsewhere complain and sue over this rule, they are actually well on their way to meeting their goals under the plan. If state governments would only take advantage of the natural opportunities they have – be more like Nevada and less like the recent back-tracking in North Carolina – they’d be in great shape.
We need to protect ourselves from the trillions in potential damage that Citibank and others say we’d face from unchecked climate change, so the world is moving toward clean energy. Wouldn’t it be better if state political leaders, who have so much to gain and such an achievable path forward, put their efforts in to creating that future rather than clinging to the past?
Forward-looking leaders do, because stereotypes aside, it ultimately comes down to good economics.
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RGGI Will Hear From Stakeholders on EPA Plan
Nov 6, 2015 | BNA Daily Environment Report
By Gerald B. Silverman
The Regional Greenhouse Gas Initiative (RGGI) will be hearing from electric power companies, environmental groups and others Nov. 17 on what the nine states in the cap-and-trade program need to do to comply with the Clean Power Plan.
The stakeholders will provide comments at the first in a series of meetings planned by RGGI as part of a quadrennial program review. While the review was required under a 2012 agreement among the RGGI states, it has taken on new significance and urgency since it coincides with the recent release of the Environmental Protection Agency's Clean Power Plan (CPP).
An agenda with details on the meeting will be released shortly. Here are some of the key questions that stakeholders are expected to address, according to sources interviewed by Bloomberg BNA:
• What is the best pathway for RGGI compliance with the CPP?
• How should RGGI's emissions cap be adjusted, including its size, its trajectory of emissions reductions and its schedule of reductions?
• Should RGGI adjust or eliminate its cost containment reserve, a mechanism designed to prevent spikes in carbon prices?
• How should RGGI address potential links with other state programs?
• Should RGGI expand beyond the power sector to include other sectors?
The last program review undertaken by RGGI in 2012 led to significant changes in the program, including a tightening of the program's carbon emissions cap (27 DEN A-11, 2/8/13).
“Program review has always been an integral part of the RGGI program and a critical element of RGGI's success,” Katie Dykes, the RGGI chairwoman, told Bloomberg BNA. “I expect that this meeting on the 17th will be the start of a broader discussion.”
Cuomo Pledges Link to Other Markets
Dykes said RGGI hasn't had any formal discussions with other states about linking or joining the initiative, but the issue will be addressed by stakeholders. She cited a recent announcement by New York Gov. Andrew M. Cuomo (D), who said he will work with other states in the RGGI region to consider linking up with cap-and-trade plans in California, Quebec and Ontario.
Cuomo, in remarks at Columbia University with former Vice President Al Gore (D), said “small regional coalitions are not enough” to address the issues of climate change (196 DEN A-7, 10/9/15).
“I would expect significant discussion of the mechanics of how this would work, all in the context of other states considering joining RGGI as part of their compliance with the Clean Power Plan,” Michael B. Gerrard, director of the Sabin Center for Climate Change Law at Columbia Law School, told Bloomberg BNA in an e-mail.
Jennifer A. Smokelin, an attorney in the Pittsburgh office of Reed Smith LLP, told Bloomberg BNA that linking up with the California program would be complicated because it's an economy-wide program and RGGI only covers the power sector. Moreover, she said it wouldn't make economic sense for RGGI to join with California since RGGI carbon allowances are trading in the $6 range, while California's allowances are trading at about $13.
RGGI Would Need to Expand Effort
She said if RGGI were to expand to an economy-wide program, it would require building a consensus among the nine states and approving the necessary regulations and laws. “It's very complicated, and I don't see why they would want to do that.”
Susan Tierney, a senior adviser at the Boston-based Analysis Group, told Bloomberg BNA that expanding RGGI to other sectors would complicate compliance with the CPP.
“California's model is one step trickier than trading with other states adopting a mass-based approach under the Clean Power Plan,” Tierney told Bloomberg BNA in an e-mail. “That's because of California's economy-wide program, which, in theory, could violate electric-sector targets while still meeting the economy-wide target.”
Matthew Schwall, a spokesman for the Independent Power Producers of New York, told Bloomberg BNA that “there's no question that RGGI should be extended to other states and sectors, especially considering that the electricity sector has reduced emissions further than any other.”
Stakeholders Will Weigh in on Emissions Cap
There is general agreement among stakeholders that RGGI's emissions cap will have to be extended to 2030 to comply with the CPP, but there are different views on the size and scope of the cap. The current cap, which covers the electric power sector, was set at 91 million short tons for 2014, with a decline of 2.5 percent each year from 2015 through 2020.
The goal of the Clean Power Plan is to reduce overall carbon dioxide emissions from the power sector by 32 percent below 2005 levels by 2030. The reductions will be phased in between 2022 and 2030 (149 DEN B-1, 8/4/15).
The nine RGGI states—Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New York, Rhode Island and Vermont—have already reduced carbon emissions from the power sector by 35 percent below 2008 levels and by more than 40 percent below 2005 levels.
The Acadia Center, a New England-based environmental group, is encouraging RGGI to go beyond the CPP and lower the cap to help meet the long-term economy-wide greenhouse gas emission goals in the states.
Eight of the nine RGGI states—Connecticut, Maine, Maryland, Massachusetts, New Hampshire, New York, Rhode Island and Vermont—have ambitious goals for GHG reductions by 2030 and 2050. Delaware doesn't have such goals, according to Acadia (194 DEN A-5, 10/7/15).
CPP Compliance to be Focus of Review
“Compliance with the Clean Power Plan is sure to be a focus of the 2016 Program Review, but the RGGI states will need to use the review opportunity to find answers to two key questions that go beyond meeting EPA's requirements: Will the RGGI cap be aggressive enough to achieve existing state climate targets and how will the RGGI states approach trading with emerging carbon markets?” Jordan Stutt, a policy analyst at Acadia, told Bloomberg BNA in an e-mail.
“Meeting these goals will require emissions reductions from the electric sector that go far beyond the CPP targets—even a continuation of the current RGGI cap decline to 2030 would likely be insufficient,” Stutt said. “If the RGGI states are serious about achieving their state climate goals, the program review offers a perfect opportunity to conduct modeling to determine the necessary emissions reductions from the electric sector and align the RGGI cap accordingly.”
Cost Containment Reserve Called Key Issue
Another cap-related issue that's expected to be addressed by stakeholders is the cost containment reserve (CCR), a mechanism designed to prevent large increases in RGGI carbon allowance prices.
The CCR is a pool of additional allowances that are released for sale when prices in RGGI's quarterly auctions reach certain levels. The CCR is unlike the reserve mechanism in California's trading program, because it releases additional allowances, effectively raising the emissions cap.
Smokelin said the CCR will need to be changed “to keep the integrity of the cap.” She said the current CCR is “no longer an option under the Clean Power Plan.”
Brian Murray, director for economic analyses at the Duke University Nicholas Institute, said the size and price triggers for the CCR may need to be adjusted, but the CCR won't need to be eliminated to meet CPP targets.
He said RGGI ought to consider “further efforts to target low-income populations from the effects of higher power/product prices if RGGI allowance prices continue to rise as much as they have the last two years.”
“The cost containment reserve indirectly gets at this because it provides some relief on prices, but the current size of the CCR might not have much power if allowance demand tightens more than load,” he told Bloomberg BNA in an e-mail.
Links to Other States Considered
Stakeholders also will provide recommendations to RGGI on the various possible linkages that could occur with other states as a result of the Clean Power Plan. There are a number of potential scenarios, including expansion of RGGI to include other states, linking RGGI with other multi-state programs and providing for trading between RGGI and other CPP-compliant states.
Murray said links with other states will depend on the compliance pathway chosen by RGGI. He said it was “highly unlikely” that RGGI would abandon its current approach of mass-based limits for new and existing generating units.
Power producers are concerned about the design of other state trading programs and whether they will allocate carbon allowances directly to generators or sell them at auction, according to Schwall.
One of the distinguishing features of the RGGI program is that allowances are auctioned quarterly, and the proceeds are used mostly for energy conservation, renewable energy and direct bill assistance programs. Electricity generators of at least 25 megawatts must purchase one allowance for every short ton of carbon dioxide that they emit.
Auction or Direct Allowance Allocation?
“If other states do join RGGI or a similar program, the big question will be whether they do auction or direct allowance allocation and what market impacts could result,” Schwall told Bloomberg BNA in an e-mail.
“Allowance allocation choices of other states in relation to RGGI could result in economic leakage in which other states have a competitive advantage,” he said. “Should other states choose to allocate allowances directly or limit distribution to affected emission sources only, RGGI may have to look at the potential need to narrow the allowance auction only to affected generating units.”
Smokelin said states have an interest in forming regional plans, but it's likely that they will form within the same power grid, such as those within the PJM region, one of the regional transmission organizations in the U.S. “Should RGGI try to link to other Clean Power Plan compliant regional systems?” she asked. “The answer to that is clearly: yes.”
“If I were RGGI, I'd want to make myself as attractive as possible from a Clean Power Plan compliance standpoint,” she said. “I think they have to be considering ways to welcome new member states.”
Caution Urged
Stutt, however, said RGGI should be cautious before linking with nascent markets.
“It appears likely that mass-based trading programs with cap levels determined by EPA's CPP targets will encounter the same problem experienced by RGGI and the EU ETS in the early days of those programs: a large surplus of allowances resulting from initial cap levels that are too lenient,” Stutt said, referring to the European Union's emissions trading system.
“The RGGI states have since corrected for that oversupply, and should wait and see how new markets behave before committing to linkage,” he said.
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Senate Vote to Kill Carbon Rules Likely Before Climate Talks
Nov 6, 2015 | BNA Daily Environment Report
By Anthony Adragna
Senate votes to overturn the centerpieces of President Barack Obama's efforts on climate change will almost certainly occur during November before nations gather in Paris to negotiate an international agreement on climate change, Sen. Jim Inhofe (R-Okla.) told Bloomberg BNA Nov. 5.
Under the provisions of the Congressional Review Act, resolutions of disapproval would be ready for Senate consideration Nov. 13. Votes on the measures could come as soon as the week of Nov. 16, but several Republican Senate aides said the precise timing remained unclear and could slip until later in November.
“Our target time would be to get it before the talks in Paris,” Inhofe said of the bids to nullify the Environmental Protection Agency rules.
Nearly half the Senate has co-sponsored resolutions from Sen. Shelley Moore Capito (R-W.Va.) to nullify the EPA's Clean Power Plan (S.J. Res. 24) and a separate effort (S.J. Res. 23) from Senate Majority Leader Mitch McConnell (R-Ky.) to block a separate regulation on carbon dioxide emissions from new and modified power plants (208 DEN A-1, 10/28/15).
Companion efforts are led by Rep. Ed Whitfield (R-Ky.) in the House. All of the bids eventually would require the support of two-thirds of each congressional chamber to override a certain veto from Obama, which observers say is unlikely.
Thune Sees Vote ‘Soon.'
Both Capito and Sen. John Thune (R-S.D.), a member of the Senate Republican leadership, also said they thought the chamber would take up the resolutions in the near future but perhaps not until later in November.
“It may drift until after Thanksgiving,” Capito said. “We're just not sure.”
In spite of the low odds of success, Senate Republicans see the attempts at undermining the EPA carbon rules as a way to undercut international negotiations on climate change in Paris. They say it's important for other countries to understand all of the U.S. isn't united around the president's climate rules.
Thune agreed Nov. 4 the Senate would definitely take up the Congressional Review Act challenges to the regulations “soon.”
27th State Challenges Regulation
As the Senate prepares to move its efforts to thwart the regulations, a legal battle continues to unfold with Mississippi on Nov. 5 becoming the 27th state to challenge the Clean Power Plan in federal appeals court (Mississippi Dep't of Envtl. Quality v. EPA, D.C. Cir., No. 15-1409, petition filed 11/5/15).
In a petition for review to the U.S. Court of Appeals for the District of Columbia Circuit, the Mississippi Department of Environmental Quality said the regulation to cut carbon dioxide emissions from existing power plants “is in excess of the agency's statutory authority” and “goes beyond the bounds set by the United States Constitution.”
The EPA's Clean Power Plan (RIN 2060-AR33) sets carbon dioxide emissions limits for the power sector in each state that will be implemented by state regulators.
Dozens of other entities, including Murray Energy Corp., the Utility Air Regulatory Group, the U.S. Chamber of Commerce and the National Mining Association, also have challenged the rule. A coalition of 18 states and several large cities are defending the regulation (214 DEN A-3, 11/5/15).
The inclusion of Mississippi in the litigation means 45 out of 50 states now are involved in the legal challenge. Only Alaska, which is exempted from the rule, Idaho, Nevada, Tennessee and Pennsylvania are sitting out of the litigation so far.
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House GOP Urged To Expand Regulatory Review Bill
Nov 5, 2015 | InsideEPA
Representatives from the forest, paper and other industries are urging House Republicans to expand the scope of a bill that would automatically block EPA and other agencies from implementing “high-impact rules” if legal challenges to the regulations are pending, by revising the “high-impact” definition in order to capture more rules.
At a recent hearing of the House Judiciary Committee's panel on regulatory reform, commercial and antitrust law, Paul R. Noe, speaking on behalf of the American Forest & Paper Association and the American Wood Council, asked legislators to broaden the bill, H.R.3438, in order to capture rules that require significant capital investments such as EPA's maximum achievable control technology (MACT) air toxics rule for boilers.
“One suggestion that I would make is to focus not on the annual cost but the total capital cost. If you set it for capital costs not less than $1 billion, you would capture the boiler MACT rules,” he said.
The rules -- for which EPA recently completed some revisions welcomed by industry -- are expected to require up to $1.6 billion in investment, but over a 20-year time horizon. This means that the costs would be estimated at $80 million per year for 20 years, Noe said in response to a question from regulatory reform subcommittee Chairman Rep. Tom Marino (R-PA).
Industry attorney Jeffrey Clark said in response to a question from Rep. Darrell Issa (R-CA) at the Nov. 3 hearing that agencies' estimates of compliance costs “are sometimes deliberately skewed low,” meaning a broader test would be needed to capture all “major” rules under the pending legislation.
H.R.3438, introduced Aug. 4 by Marino, is the counterpart of S. 1927. Both bills would automatically halt implementation of any legally contested rule with an annual cost of $1 billion or more until a final court ruling on its validity, provided a court challenge against it is filed within 60 days of the rule being formally issued.
If enacted, the legislation would make automatic the stays that EPA critics have sought for both the contentious rule defining Clean Water Act (CWA) jurisdiction and EPA's power plant greenhouse gas (GHG) standards, known as the Clean Power Plan.
The CWA jurisdiction rule is stayed nationwide under an Oct. 9 order from the U.S. Court of Appeals for the 6th Circuit, but challengers are concerned that the rule could come back into effect if the 6th Circuit agrees with them that it lacks authority to hear the suits over the rule. Such a decision would return the rule's fate to district courts, where over a dozen separate suits are pending by a host of plaintiffs and it is unclear whether any single court would be able to implement a nationwide stay.
Meanwhile, the D.C. Circuit has authority to stay the Clean Power Plan nationwide, but it will not decide challengers' requests to do so until early next year -- allowing the Obama administration to go to international climate talks in Paris in December with the rule still in place.
Critics had hoped a speedy stay would undercut the administration's position that the United States will achieve promised GHG reductions as part of any agreement that comes out of the Paris negotiations.
In general, opponents of high-profile agency regulations have charged that even when major rules are found partially or completely unlawful, regulated entities are still forced to take expensive, sometimes irrevocable compliance measures if the policies remain in effect during litigation.
Marino did not commit to changing his bill after Noe and Clark's statements, but said he would “work with you” at the conclusion of the hearing.
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Bill to Revamp Land and Water Fund Unveiled
Nov 6, 2015 | BNA Daily Environment Report
By Alan Kovski
A bill to revamp as well as reauthorize the Land and Water Conservation Fund was unveiled Nov. 5 as a discussion draft by Rep. Rob Bishop (R-Utah) with proposed elements that would assure more state control over the funds.
The proposed changes would use part of the appropriated funds for a pilot program to streamline offshore energy permitting and a much larger portion of the funds as education grants and financial assistance to communities. The bill would sharply reduce the amount of land and water the federal government could acquire.
The LWCF, funded through fees on offshore oil and natural gas development, would be reauthorized for seven years. Authorization for the program expired Sept. 30.
As things now stand, “the money is being spent with no transparency, no oversight and almost no local input,” Bishop said during a news teleconference. He added that recent use of the funds has been violating existing law by not sharing as much as required with states.
To reinforce his point about a lack of transparency and oversight, Bishop released a letter he received Nov. 5 from Interior Secretary Sally Jewell that provided only a first step at responding to a request he had sent her Oct. 7 for information on LWCF land acquisitions.
Straight Reauthorization Uncertain
Bishop chairs the House Natural Resources Committee, where he probably can count on Republican votes. Democrats are another matter.
Several Democrats have called for a straight and permanent reauthorization of the LWCF. Such proposals notably have come from Rep. Raul Grijalva (D-Ariz.), ranking member of the House Natural Resources Committee, and Sen. Maria Cantwell (D-Wash.), ranking member of the Senate Energy and Natural Resources Committee.
Emphasizing that he does not want to accept business as usual, Bishop said, “A straight reauthorization is probably the easiest thing to say, ‘No, we're not going to do that.' ”
Bishop said he wanted to persuade Democrats as well as Republicans to do something “really good and really big” in a reshaping of the program to solve problems.
“Let's start thinking outside the box and thinking big for a change,” he said.
Such a bill could be shaped up with enough support to become law during the current administration, he said, adding, “The debate needs to begin.”
The LWCF also has been in the news recently because Sen. Richard Burr (R-N.C.), with support from Sen. Kelly Ayotte (R-N.H.), has exercised his privilege to stall a bill (S. 697) that would extensively revise the Toxic Substances Control Act. Burr wants an up-or-down vote on LWCF reauthorization before the TSCA bill can get a floor vote (205 DEN A-2, 10/23/15).
Grijalva Knocks Draft Bill
Grijalva released a statement reacting harshly to Bishop's discussion draft.
“His new bill would destroy the fundamental conservation and recreation purposes of the program in order to solve problems that don't exist and give Big Oil yet another tax break,” Grijalva said.
Grijalva is a mild-mannered man liked by Republicans as well as Democrats. Bishop has one of the sharpest wits in Congress and often has people laughing on both sides of the aisle during hearings and markups. The two men seem to agree on little, however.
Another harsh reaction to the discussion draft was issued by Alan Rowsome, senior director of government relations for the Wilderness Society.
“Rep. Bishop's bill is a deliberate effort by anti-conservation extremists to dismantle a successful and popular bipartisan program and distract Congress from the urgent need to fully fund and permanently reauthorize the Land and Water Conservation Fund in its current form,” Rowsome said.
Recreation Stressed in Draft
Bishop's bill is titled the Protecting America's Recreation and Conservation Act, and several elements of the bill require spending part of the funds on public access to federal lands for recreation.
The discussion draft would require that a minimum of 45 percent of the funds go to states, of which 30 percent would be designated for urban areas, primarily for recreation. Currently, only about 12.5 percent is handed over to states, Bishop said.
The proposed bill would limit acquisitions of non-federal land and water by federal agencies to 3.5 percent of the amount appropriated for LWCF spending in any given year.
A minimum of 20 percent of appropriations in any year would need to be spent on matters relating to offshore energy development. Under that authorization, 90 percent of the money would be for grants for higher education in appropriate science and technology subjects, 5 percent would be for a pilot project to streamline offshore energy permitting and 5 percent would be for an “innovation hub” for appropriate technological research and development.
At least 15 percent of the appropriated amount in any given year would go to the Payment in Lieu of Taxes Program. PILT is an Interior Department program that funnels payments to local governments to partially offset losses in property taxes because of nontaxable federal lands in the local area.
The draft bill would prohibit use of funds for taking land through eminent domain rather than voluntary sales.
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