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ACC AM 5/5/16

    Industry and Association News

  1. (ACC Mentioned) Game-Changing Polyurethane Technologies Sought for Coveted Innovation Award

    May 4, 2016 | Spray Foam

    By Lisa Dry

    The Center for the Polyurethanes Industry (CPI) of the American Chemistry Council (ACC) is now accepting nominations for the highly coveted Polyurethane Innovation Award.
  2. Chemical Management News

  3. (ACC Mentioned) Mixed Reviews for Osha’s Weight of Evidence Guidance

    May 5, 2016 | Chemical Watch

    By Sylvia Palmer

    The US Occupational Safety and Health Administration’s (Osha) consultation on its draft weight of evidence guidance has generated mixed reviews from industry groups, NGOs and other stakeholders.
  4. (ACC Mentioned) State Filings Show 130 Products Sold in Maine Contain Controversial Chemical

    May 5, 2016 | Portland Press Herald

    By Kevin Miller

    A chemical suspected of causing health problems is found in 130 products sold in Maine, from hair conditioner to greeting cards, according to a new analysis of manufacturers’ data filed with state regulators.
  5. EPA, DOD Issue Competing Calls On NIOSH Exposure Review For Solvent

    May 4, 2016 | Inside EPA

    By Dave Reynolds

    EPA and the Defense Department (DOD) are issuing competing calls on a National Institute for Occupational Safety and Health (NIOSH) draft review and proposed limit to protect workers against exposure to the solvent 1-Bromopropane (1-BP), with EPA backing the analysis while DOD is criticizing the review and seeking further data.
  6. Chemical Hazard Screens Compared

    May 4, 2016 | BNA Daily Environmental Report

    A pilot study comparing the hazards of seven chemicals using different software programs and screening methods marketed as measuring the “green” properties of chemicals found the software programs reached different conclusions on the hazard categorization of each chemical, according to an article posted online May 4 in the journal Integrated Environmental Assessment and Management.
  7. EU Chemical Regulation Burden-Reduction ‘Starting to Work’

    May 5, 2016 | Chemical Watch

    By Luke Buxton

    The European Commission, led by vice-president Frans Timmermans, is "convincingly starting to turn the ship" on complex chemicals regulation, says Cefic's new director general.
  8. Energy News

  9. Lobbying Continues Unabated on EPA's Clean Power Plan

    May 3, 2016 | Bloomberg BNA

    By Anthony Adragna

    Near-impossible odds of legislative success and upcoming oral arguments in federal appeals court haven't deterred entities from continuing aggressive lobbying of Congress on the Environmental Protection Agency's Clean Power Plan.
  10. AEP Wants Ohio Regulators to Rehear Power Plan

    May 4, 2016 | BNA Daily Environmental Report

    By Bebe Raupe

    American Electric Power Co. will respond to an order for federal review of its state-approved power purchase agreement (PPA) plan by mid-May, but meanwhile it wants Ohio regulators to rehear a portion of the plan.
  11. Decades of Delay in EPA Fracking Wastewater Rules Alleged

    May 4, 2016 | BNA Daily Environmental Report

    By Andrew Harris

    The Environmental Protection Agency was accused of being almost 30 years late in issuing rules for the handling of wastewater from oil and gas exploration, delaying to act even as frackers’ disposal of it triggers earthquakes (Envtl Integirty Project v. McCarthy, D.D.C., No. 1:16-cv-842, 5/4/16).
  12. Austrian Borealis to Import 240,000 mt/year of US Shale-Based Ethane: CEO

    May 4, 2016 | Platts

    By Shashank Shekhar

    Austrian petrochemicals producer Borealis will import 240,000 mt/year of US shale-based ethane for its crackers in Europe, company CEO Mark Garrett said Wednesday.
  13. Chemical Security News

  14. Chemical Security Plans Quick Approval Program Needs Push

    May 4, 2016 | BNA Daily Environmental Report

    By Brian Dabbs

    Just one facility is participating in the Chemical Facility Anti-Terrorism Standards (CFATS) expedited approval program despite guidance released by the Department of Homeland Security nearly a year ago, the ranking member of a House committee said in a letter to the head of DHS.
  15. PHMSA Says Corrosion Possible Cause of Tetco NatGas Explosion

    May 4, 2016 | Natural Gas Intelligence

    By Jamison Cocklin

    Federal regulators said the preliminary investigation of what caused a massive explosion and fire on the Texas Eastern (Tetco) pipeline in Southwest Pennsylvania shows evidence of corrosion at two areas on the affected pipe, one of which was at the point of failure.
  16. Transportation News

  17. CSX Tracks Where Train Derailed Return to Normal

    May 4, 2016 | Washington Post

    By Faiz Siddiqui

    A stretch of CSX train tracks made impassible by a Sunday morning derailment in Northeast Washington reopened to rail traffic Tuesday night, the company said Wednesday, capping off a cleanup process that inconvenienced thousands of commuters and raised environmental concerns in the region.
  18. Environment News

  19. IG Criticism Spurs EPA Promise To Improve Industrial Air Compliance Data

    May 3, 2016 | Inside EPA

    By Stuart Parker

    EPA is vowing to improve its collection and management of data on industrial facilities' Clean Air Act compliance, following an Inspector General (IG) report that criticized the agency's information as incomplete and inaccurate -- which creates the risk of inadequate monitoring of facilities that could result in greater releases of air pollution.
  20. Obama: Flint Crisis Caused by ‘A Culture of Neglect’ in Government

    May 4, 2016 | The Hill - E2 Wire

    By Devin Henry

    President Obama rallied residents of Flint, Mich., on Wednesday, blaming its water crisis on a broader “culture of neglect” within government and telling citizens of the beleaguered city it “will come back” stronger.
  21. American Combustion Service, Inc. Helps Businesses Comply with the EPA

    May 4, 2016 | Chicago Tribune

    By Community Contributor marielazzara

    American Combustion Service, Inc. (ACSI) is helping businesses come into compliance with new Environmental Protection Agency rules for boilers. These guidelines, Boiler Maximum Achievable Control Technology (boiler MACT) vary based on a boiler's size, age, fuel type and emissions.

    Industry and Association News

  1. (ACC Mentioned) Game-Changing Polyurethane Technologies Sought for Coveted Innovation Award

    May 4, 2016 | Spray Foam

    By Lisa Dry

    The Center for the Polyurethanes Industry (CPI) of the American Chemistry Council (ACC) is now accepting nominations for the highly coveted Polyurethane Innovation Award. This annual industry-wide competition recognizes the most inventive commercial technologies in the polyurethanes industry. Innovators are encouraged to act quickly and submit their nominations before June 17.

    “The discovery of polyurethane chemistry was one of the most important events of the last 100 years,” said Lee Salamone, senior director of CPI. “This incredibly versatile substance has virtually limitless applications – from the soles of your shoes to the insulation in your house and the protective sealant on your car’s exterior. The Innovation Award exists to encourage brilliant minds to continue pushing the boundaries of how polyurethane can make our lives better. I cannot wait to see the thought and creativity behind this year’s entries.”

    The winner of this prestigious award will be announced at the 2016 Polyurethanes Technical Conference, taking place Sept. 26 to 28 at the Baltimore Hilton.

    RELATED "Tiny House" That's Big on Energy Efficiency Arrives at Carnegie Science Center, Registration Opens for 59th Annual Polyurethanes Technical Conference

    Last year, Honeywell took home the 2015 Innovation Award for its Solstice® Liquid Blowing Agent, a home insulation product designed to significantly lower global warming potential (GWP) and improve energy efficiency while retaining non-ozone-depleting characteristics.

    To enter the awards program, companies or individuals should submit an application no later than 5 p.m. EDT on June 17. Technologies submitted for consideration must have been commercialized no more than 15 months prior to June 17, 2016. Award entries in polyurethane chemistry may include finished products, initiatives, training or education programs, or processes or processing equipment. Entries pertaining to a polyurethane product or polyurethane manufacture must relate to polyurethane chemistry defined as the reaction of an isocyanate with a polyol. This year’s submission form details the full terms and conditions.

    http://www.sprayfoam.com/foam-news/game-changing-polyurethane-technologies-sought-for-coveted-innovation-award/2710

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  2. Chemical Management News

  3. (ACC Mentioned) Mixed Reviews for Osha’s Weight of Evidence Guidance

    May 5, 2016 | Chemical Watch

    By Sylvia Palmer

    The US Occupational Safety and Health Administration’s (Osha) consultation on its draft weight of evidence guidance has generated mixed reviews from industry groups, NGOs and other stakeholders.

    The National Institute of Occupational Safety and Health (Niosh) calls the draft document excellent, and says it provides "clear definitions of terms and specific guidance for users."

    But others say that Guidance on Data Evaluation for Weight of Evidence Determination falls short, fails to provide clear instructions and is sometimes contradictory. Many have called on Osha to make changes.

    Osha’s goal in issuing the guidance is to provide "a systematic application of the WoE approach". It aims to set out the information to consider when classifying substance hazards under the Hazard Communication Standard (HCS).

    Strength of evidence

    Several commenters say the use of the terms "strength of evidence" (SoE) and "weight of evidence" is inconsistent. These, they say, are different approaches to evidence evaluation, and Osha should clarify the distinction and remain focused on the WoE approach for classification.

    The American Chemistry Council (ACC) told Chemical Watch that it encourages the agency to "offer further clarity in the guidance to ensure that the most robust and scientifically respected WoE approaches are observed." 

    Specifically, they say Osha should:

    explain that SoE approaches do not satisfy regulatory requirements;

    "clearly differentiate between truncated and incomplete" SoE approaches; and

    promote the use of "full" WoE approaches.

    Single study approach

    The guidance, some stakeholders say, appears to endorse a single study approach. This is contrary to HCS 2012 and inconsistent with a WoE approach.

    Prior to the adoption of HCS 2012, Osha’s threshold for a chemical to be considered hazardous was a single study, provided it was scientifically established and produced a statistically significant hazard result. In adopting HCS 2012, Osha eliminated this approach and replaced it with the WoE.

    Several commenters raise concern that based on the draft guidance a single study with positive hazard evidence could be considered sufficient to label a chemical as hazardous.

    The American Petroleum Institute comments that using a single positive study "detracts from the concept of a disciplined, scientific, balanced weighing of the evidence". They say that such an approach could "bias US reviewers toward over-classification in order to avoid potential General Duty Clause violations".

    The ACC says Osha should "carefully and clearly articulate that the single positive study approach has been eliminated from the HCS 2012". It adds that "the full range of available scientific literature should be evaluated to make evidence-based classification determinations."

    But NGOs the Environmental Defense Fund (EDF) and the Natural Resources Defense Council (NRDC) are supportive of the approach. The NRDC supports the guide's position that "even a single positive study (showing adverse effects) can support a classification."

    And the EDF concurs "with Osha’s indication that a single, well-conducted positive study is sufficient for classification".

    Authoritative bodies

    Several industry groups raise concerns about Osha’s generalisations that International Agency for Research on Cancer (Iarc) and National Toxicology Program (NTP) determinations are equivalent with the WoE approach.

    The Plastics Industry Trade Association (SPI) says the guidance "improperly defers to Iarc and NTP for hazard classification determinations".

    There are several calls for Osha to provide a designated list of authoritative bodies.

    The ACC adds that a decision on whether to designate authoritative bodies, which to designate, and what criteria to use to support the designation, should be made through a regulatory process, not through guidance.

    But the NRDC agrees with Osha that the Iarc and the NTP should be upheld as authoritative bodies. The National Safety Council also supports their use as "not only helpful but appropriate as classifiers evaluate different types of chemical health hazards studies".

    https://chemicalwatch.com/47125/mixed-reviews-for-oshas-weight-of-evidence-guidance

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  4. (ACC Mentioned) State Filings Show 130 Products Sold in Maine Contain Controversial Chemical

    May 5, 2016 | Portland Press Herald

    By Kevin Miller

    A chemical suspected of causing health problems is found in 130 products sold in Maine, from hair conditioner to greeting cards, according to a new analysis of manufacturers’ data filed with state regulators.

    As of December, manufacturers were required to report to the Maine Department of Environmental Protection any children’s products sold in the state that contain a class of plastic-softening agents known as phthalates. Maine and Washington are the only states to mandate such reports, although Maine’s more sweeping rules also captured household products such as paint and cleaners.

    An analysis released Thursday by two Maine-based advocacy organizations, the Environmental Health Strategy Center and Prevent Harm, shows that 14 manufacturers added phthalates to a wide range of products, frequently as “fragrance.”

    The most common uses of phthalates were in household paints and primers or in cleaning products, such as disinfectants and surface cleaners. The report, titled “What Stinks? Toxic Phthalates in Your Home,” says phthalates also were found in hair conditioners and hair styling products, dolls, toy accessories, greeting cards and in the little plastic tubes found on the end of shoestrings or clothing drawstrings.

    The list of manufacturers includes major household companies such as Procter & Gamble, 3M, Gap Inc. and American Greetings.

    “This report is made possible because of the breadth of reporting that Maine requires,” the report says. “The data reported includes never-before-available information showing phthalates in products like paint and cleaners.

    “In total, the products reported represent just the tip of the iceberg of the widespread use of phthalates in the marketplace. Much more proactive action from decision-makers in government and commerce is needed to eliminate harmful exposure to toxic phthalates, what many call ‘the everywhere chemicals.’ ”

    There have been years of robust debate in the United States surrounding the safety of phthalates and similar compounds.

    While the U.S. Centers for Disease Control and Prevention states that “human health effects from exposure to low levels of phthalates are unknown,” research on laboratory rats has shown that some types of phthalates can affect the animals’ reproductive system.

    The National Institutes of Health’s fact sheet on phthalates lists the plasticizing agent as a potential disruptor of the body’s hormone-regulating endocrine system, while the National Toxicology Program classified the chemicals in 2014 as “reasonably anticipated to be a human carcinogen.”

    Last year, the European Union began to require special approval before manufacturers there can use certain phthalates in most consumer products.

    But the American Chemistry Council, a trade group representing chemical manufacturers, has defended the safety of phthalates while touting their versatility and durability.

    “Phthalates have been thoroughly studied and reviewed by a number of government scientific agencies and regulatory bodies worldwide and these agencies have concluded that phthalates used in commercial products do not pose a risk to human health at typical exposure levels,” a statement on the council’s website says.

    In 2008, Maine lawmakers passed a first-in-the-nation bill that allows the state to require disclosure of products containing designated “priority” chemicals and creates a framework for banning the sale of products made with certain chemicals. The Kid-Safe Products Act was passed in response to growing frustration over Congress’ unwillingness to update a federal toxics law widely regarded as ineffective.

    To date, the Maine DEP has required notifications for seven types of chemicals and banned the sale of reusable food and beverage containers or baby food packaging containing bisphenol-A, or BPA.

    Yet environmental groups also have accused the DEP of moving too slowly or too cautiously to regulate chemicals.

    The coalition of groups that submitted the original draft of the phthalates rule wanted it to apply not only to products that targeted children, but also to those that could be used by pregnant mothers. However, the LePage administration changed the rule so that it was limited to children’s products.

    Kerri Malinowski, who heads the DEP’s “Safer Chemicals” program, said that the reported uses of phthalates matched up with her expectations. Although manufacturers are only required to file one report with the DEP – rather than annual reports – any new products containing phthalates sold in Maine would have to be reported separately to the department.

    “We have found manufacturers are interested in complying,” Malinowski said. “They have called to ask questions and they have been very cooperative.”

    Groups such as the Environmental Health Strategy Center criticized the DEP last year for not going further on phthalates by requiring manufacturers to report the chemicals’ usage in products aimed at pregnant women. Scientific evidence shows that phthalates and many other chemicals readily pass from the mother to an unborn child or during breastfeeding.

    But Emma Halas-O’Connor, campaign manager for the Environmental Health Strategy Center, pointed out that Maine’s reporting requirements are stronger than those in Washington state in one key aspect. Maine mandates that manufacturers also report phthalates’ usage in paints, maintenance and cleaning products because of the potential for children to be exposed to those products in the household.

    “We knew that phthalates were used sometimes as ingredients in fragrance in personal care products, but to see phthalates as fragrance in cleaning products and sometimes paint, that was new for us,” Halas-O’Connor said.

    http://www.pressherald.com/2016/05/05/controversial-chemical-used-in-130-products-sold-in-maine/

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  5. EPA, DOD Issue Competing Calls On NIOSH Exposure Review For Solvent

    May 4, 2016 | Inside EPA

    By Dave Reynolds

    EPA and the Defense Department (DOD) are issuing competing calls on a National Institute for Occupational Safety and Health (NIOSH) draft review and proposed limit to protect workers against exposure to the solvent 1-Bromopropane (1-BP), with EPA backing the analysis while DOD is criticizing the review and seeking further data.

    NIOSH took comment through April 29 on a draft document that sets a recommended exposure limit (REL) for 1-BP, a solvent used in a host of commercial and industrial settings, including adhesives, dry cleaning, vapor degreasing and electronic and metal cleaning industries.

    NIOSH’s proposed “Criteria for a Recommended Standard: Occupational Exposure to 1-Bromopropane” is one of several draft reviews federal agencies have issued that cite increased use of the substance in recent years. EPA and the Agency for Toxic Substances and Disease Registry (ATSDR) have also floated reviews that propose limits or find risks.

    EPA is backing the NIOSH review in its comments, saying the draft “accurately identifies” health hazards and includes reasonable risk estimates. While largely supportive, EPA suggests that NIOSH better explain non-cancer endpoints and strengthen language on controls to help keep exposures below the proposed limit.

    DOD is more critical, urging NIOSH to obtain additional data to ensure critical health effects from animal studies are relevant to humans, and arguing that statistical confidence in the assessment’s cancer-related effects is low.

    The federal agencies’ conflicting comments come as EPA, ATSDR and NIOSH are each assessing potential risks of 1-BP, reviews that could open the door to new regulatory mandates to limit risks to workers and pregnant women.

    Federal regulators and others say that the substance is a carcinogen and poses neurological and reproductive risks. The Department of Health and Human Services, of which NIOSH is a part, has classified 1-BP as “reasonably anticipated to be a human carcinogen.”

    A recent ATSDR review says that production of 1-BP “has increased over the last 10 years due to its use as a replacement for other more harmful substances.”

    But industry, in comments on the draft NIOSH review, says such a broad federal focus on 1-BP is unwarranted because use of the substance as an alternative to more harmful chemicals has not increased nearly as much as was once anticipated.

    Draft Review

    In the draft document, NIOSH proposes a REL of 0.3 parts per million (ppm) (1.5 milligrams per cubic meter [mg/m^3] of air) as an 8-hour time-weighted average (TWA) concentration during a 40-hour workweek. NIOSH says this corresponds with an excess working lifetime risk of lung cancer of 1 per 1,000 workers.

    “The REL of 0.3 ppm represents the maximum 8-hour TWA concentration of 1-BP to which a worker may be exposed and corresponds to the 95% lower confidence limit of 1 in 1,000 risk estimate,” the draft says.

    EPA, in April 29 comments, suggests NIOSH could further tighten the proposed standard, but acknowledges it is unlikely current industrial equipment could achieve such a limit.

    “It would be more protective, and not unreasonably so, to set the REL at a level to prevent 1 excess cancer in 10,000 workers for a 45-year working lifetime,” Margaret Sheppard, an environmental scientist with EPA’s Stratospheric Protection Division says. “Based on NIOSH’s analysis, the REL at that level of cancer risk would be 0.03 ppm.”

    Sheppard generally backs much of NIOSH’s analysis, including the relationship between exposure to 1-BP and toxicity, the derivation of the REL and uses of engineering controls for limiting worker exposures.

    But Sheppard also says NIOSH should better clarify sections on non-cancer endpoints and strengthen discussion of engineering controls to ensure that companies assess whether controls are adequate to meet the proposed REL

    DOD's Concerns

    The DOD comments, meanwhile, fault significant aspects of the draft and urge NIOSH to use bio-monitoring data to ensure that risks shown in animal studies are relevant to worker exposures.

    In April 29 comments, DOD faults the quantitative analysis of cancer risk as the weakest part of the assessment and urges NIOSH to clarify its criteria for including studies in that part of the review. DOD also urges NIOSH to improve methods for measuring exposures to 1-BP.

    “The basis for the quantitative cancer risk assessment is weak, [and] statistical confidence in cancer-related effects is low,” DOD says. “[T]his is most likely due to lack of site and gender concordance, relevance of animal to human data and relevance of critical effects to humans, and failure to address variability of susceptible populations.”

    DOD also backs an industry call for NIOSH to consider additional research, such as ongoing studies of the substance’s carcinogenicity. “We are aware of some ongoing work with the genotoxicity mode of action [(MOA)] for 1-bromopropane, and early data seems to question the presumptive MOA that NIOSH’s characterization of the health hazards is based upon,” DOD says.

    The criticism mirrors comments from Mark Stelljes, a contractor for 1-BP producer Enviro Tech International. Stelljes says he has sponsored a study “that is nearing completion to address the contention that 1-BP causes cancer in laboratory rats and mice through a mutagenic mode of action.”

    Stelljes also says the NIOSH review considers less than half of all peer-reviewed studies of the substance.

    'Anti-Business Bias'

    In separate comments, Richard Morford, Enviro Tech’s general counsel, argues that an “anti-business bias” permeates the draft NIOSH document. He argues the NIOSH review includes misinformation and is not adequately justified, in part, because 1-BP has not increased nearly to the extent that federal regulators suggest.

    While 1-BP was used as an alternative to ozone depleting substances between 1996 and 2000, Morford says that substitution was complete by 2003, and that during the past three years the market for 1-BP has been contracting rather than expanding.

    Similarly, Morford says NIOSH overstates the extent to which 1-BP has been used as an alternative to the chlorinated solvent perchloroethylene in dry cleaning. He argues that in the review, NIOSH “relies on and restates speculative and outdated information that has no relationship to current use.” He adds that “any current concern with 1-BP due to an increase in use or in number of workers exposed to [1-BP] is not supported by the facts.”

    Additionally, the industry comments argue the NIOSH review includes misinformation on the substance’s persistence in the atmosphere and flammability, or lack there of.

    Enviro Tech “questions the thoroughness and veracity of the research the Draft is based on,” the comments say. “When the effort at researching basic background facts on 1-BP is so wanting, why should we not assume that the same lack of effort went into the toxicological discussion as well as the ultimate evaluation?”

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  6. Chemical Hazard Screens Compared

    May 4, 2016 | BNA Daily Environmental Report

    A pilot study comparing the hazards of seven chemicals using different software programs and screening methods marketed as measuring the “green” properties of chemicals found the software programs reached different conclusions on the hazard categorization of each chemical, according to an article posted online May 4 in the journal Integrated Environmental Assessment and Management. The study compared the following hazard assessment methods: GreenScreen, the Environmental Protection Agency's Design for the Environment/Safer Choice, GreenSuite, SciVera Lens and four versions of GreenWERCs. The seven chemicals were two natural compounds (caffeine and citric acid), a degradation metabolite (glycolic acid), and four synthetic chemicals: ethylene glycol, dibutyl phthalate, benziothiazolinone (BIT), and 1,2,4,6,9,10-hexabromocyclododecane (HBDC). The article is available at http://src.bna.com/eHS.

    http://news.bna.com/deln/DELNWB/split_display.adp?fedfid=89001678&vname=dennotallissues&fn=89001678&jd=89001678

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  7. EU Chemical Regulation Burden-Reduction ‘Starting to Work’

    May 5, 2016 | Chemical Watch

    By Luke Buxton

    The European Commission, led by vice-president Frans Timmermans, is "convincingly starting to turn the ship" on complex chemicals regulation, says Cefic's new director general.

    Speaking at its recent workshop in Brussels on better regulation, Cefic's Marco Mensink said: "We're not after less legislation. It's about better legislation. We don't want to stay at the level where we continue to define the options to improve without actually seeing those improvements."

    On the day of the workshop Cefic published "three steps to strengthen the better-regulation agenda". These comprise:

    setting 'tangible' burden-reduction targets;

    'improving' the assessment of impacts on innovation; and

    extending 'best practices' to guidance documents and delegated acts.

    During the workshop, the audience put its concerns directly to Jean-Eric Paquet from the Commission’s secretariat-general. This is the service that manages the collegial decision-making process among the 28 commissioners. It ensures the alignment of EU policies with the Commission's political priorities.

    "The better regulation package is about the need to change the mindset around regulation and to increase articulation between European regulation and national regulation," Mr Paquet said.

    He added that it is important to hear chemical companies's perceptions directly, or via trade associations, to help get the better regulation agenda right.

    "Firstly, and most importantly, we need to listen better to stakeholders and ensure we capture the main points and respond to them as part of a clear process," Mr Paquet said.

    He encouraged stakeholders to be more active in providing feedback on the Commission's roadmaps. These public documents are issued as part of the better regulation process. They outline either policy options for new initiatives, or the issues to be examined by evaluations or fitness checks of existing legislation.

    Cost burden on SMEs

    Aside from the complexity of regulation and issues around communication, the cumulative cost of chemicals regulation "is doubling over time," Mr Mensink said.

    Using figures derived from Cefic's own analysis and a yet to be published cumulative cost assessment produced for the Commission by Technopolis, he said that the three main drivers of EU chemical regulatory costs are:

    emissions and industrial processes legislation (33%);

    chemicals legislation (30%); and

    workers' safety legislation (24%).

    "If you compare Europe with the attitude of legal framework in the US, with its openness for innovation, you can see that high costs in Europe mean reduced capacity for innovation."

    Tony Bastock, Cefic vice-president and managing director of Contract Chemicals UK agreed: "From an SME point of view, we need better regulation to stay competitive, and to avoid imposing unnecessary burdens on an already highly regulated industry."

    He said for many SMEs, regulation costs are as high as R&D costs: "That's strange for an industry that needs to grow and innovate."

    Fabio Stratta, technical director of Giusto Faravelli, a medium-sized distributor and importer of raw materials for the chemical industry, told the workshop that the cumulative burden of REACH applications for his company is €327,000 a year.

    This represents 0.44% of the company’s turnover, "but this data would be meaningless without telling you that it has a significant impact on our EBIT and that it is 2.33% of our equity," Mr Stratta told Chemical Watch shortly after the meeting.

    "It is important to underline that represented costs include indirect costs required mainly for REACH and related regulations, such as CLP." Twenty percent of Giusto Faravelli's sales directly involve REACH.

    "Many SMEs prefer to cut their portfolio of substances and concentrate on their leading substances, rather than spend further on R&D [to find alternatives]," Mr Stratta told the workshop. "You can't cut costs, but you can cut bureaucracy – this cuts indirect costs."

    Mr Mensink echoed his concerns: "It will be interesting if in 2017, you look back at what's been delivered, to see what REACH has done to the sector, to see how many SMES didn't make it and how many substances went through."

    https://chemicalwatch.com/47144/eu-chemical-regulation-burden-reduction-starting-to-work

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  8. Energy News

  9. Lobbying Continues Unabated on EPA's Clean Power Plan

    May 3, 2016 | Bloomberg BNA

    By Anthony Adragna

    Near-impossible odds of legislative success and upcoming oral arguments in federal appeals court haven't deterred entities from continuing aggressive lobbying of Congress on the Environmental Protection Agency's Clean Power Plan.

    More than 130 entities reported lobbying on the centerpiece of President Barack Obama's domestic efforts on climate change during the first quarter of 2016, according to disclosures reviewed by Bloomberg BNA. That number is virtually unchanged from a year ago when efforts to stop the regulation were at a near-fever pitch in Congress.

    Lawmakers have previously passed legislation and resolutions of disapproval to overturn or block the regulation, but support was always well below the levels needed to override the stroke of Obama's veto pen. Despite that reality, many of the entities reported lobbying Congress on those same efforts during the first quarter of 2016.

    The continued lobbying doesn't surprise academics and other outside experts.

    “This is hardly surprising,” Lee Drutman, a senior fellow with New America, told Bloomberg BNA May 3. “The passage of legislation is just the first battle in the endless fight on almost every issue. There's always another venue, and another opportunity for lobbying, another chance to make your case. Especially when you have lots of paying corporate clients.”

    Diversity in Groups Represented

    As in previous reporting periods, the entities lobbying on the Clean Power Plan ranged from major public health organizations to large publicly traded companies to coal companies (139 ECR, 7/21/15).

    Among the companies lobbying on the centerpiece of the Obama administration's domestic efforts on climate change were Westrock Co., Alcoa Inc., Tesla Motors Inc., Xcel Energy Inc., Occidental Petroleum Co. and Siemens AG.

    Public health and environmental advocates, including the Sierra Club, the Natural Resources Defense Council, the American Academy of Pediatrics, the American Heart Association and the Catholic Health Association of the United States, all disclosed lobbying on the Clean Power Plan.

    Southern Co., Vectren Corp., Duke Energy Co., Calpine Corp., NorthWestern Energy Corp. and Entergy Corp. are among the energy interests that also said they pushed Congress on the regulation.

    Entities Lobbying on Issue

    Entities lobbying on the issue were identified through a search of lobbying records with the keywords “Clean Power Plan,”“111(d),” the number of the resolution of disapproval passed by Congress ( S.J. Res. 24) and two pieces of legislation (H.R. 2042; S. 1324) that would impede or outright kill the EPA's regulatory efforts under Section 111(d) of the Clean Air Act.

    After Obama vetoed both resolutions of disapproval Dec. 18, 2015, congressional aides and lawmakers said they were unlikely to try to override them. Oral arguments in a federal appeals court case challenging the regulation are slated for June 2 and possibly June 3 (West Virginia v. EPA, D.C. Cir., No. 15-1363, oral argument 6/2/16).

    Lobbying Interest Not Surprising

    Despite the shift away from Congress to the courts in the fight over the Clean Power Plan, observers said they were not surprised lobbying efforts continued. Congress remains influential in the debate surrounding the EPA rule, some said.

    “Whether or not litigation is the best strategy, Congress retains the ability to influence the process ... so it makes sense that industry lobbyists would continue to spend time talking to them,” Lisa Gilbert, director of Public Citizen's Congress Watch, told Bloomberg BNA. “I am slightly surprised that the amount of money spent would be exactly the same, but I’d imagine they are also spending comparable resources on every potential avenue that might influence the outcome.”

    Jennifer Victor, a professor of legislative politics at George Mason University, told Bloomberg BNA many of the groups lobbying on the EPA rule have the primary purpose of advocacy before Congress. Others are membership-based and may feel pressure to show they are doing something, she said.

    “Some pretty big shift in the political landscape would be necessary for them to curtail this kind of activity,” Victor said, such as a change in administration or the end of litigation on the Clean Power Plan.

    http://www.bna.com/lobbying-continues-unabated-n57982070620/

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  10. AEP Wants Ohio Regulators to Rehear Power Plan

    May 4, 2016 | BNA Daily Environmental Report

    By Bebe Raupe

    American Electric Power Co. will respond to an order for federal review of its state-approved power purchase agreement (PPA) plan by mid-May, but meanwhile it wants Ohio regulators to rehear a portion of the plan.

    The Columbus-based utility has asked the Public Utility Commission of Ohio to rehear a PPA provision governing power it controls as part of the Ohio Valley Electric Corp., AEP spokeswoman Terri Flora told Bloomberg BNA May 4. According to the May 2 rehearing filing, the electric capacity of this request is less than 20 percent of what the PUCO approved.

    In addition, the utility wants the PUCO to clarify a renewable energy procurement proposal in the plan, Flora said.

    Although the timing makes it seem related to the Federal Regulatory Energy Commission's order issued April 27 calling for review of the PPA containing “retail rate stability riders” designed to keep certain coal-fired plants functionally competitive, Flora said it's unrelated (83 DEN A-10, 4/29/16).

    When the PUCO approved the plan March 31, it allowed all affected parties 30 days to petition for a rehearing of issues, she said, which is standard policy.

    FERC's order “throws a wrench” into the Ohio Valley Electric Corp. affiliates’ portion of the plan, but AEP intended to ask for a rehearing of this regardless, she said.

    Captive Consumers

    AEP and FirstEnergy of Ohio won guaranteed rates for aging coal-fired and nuclear plants over the objections of competing generators who said the plans amounted to a consumer-funded bailout (63 DEN A-16, 4/1/16).

    The contracts warrant a U.S. review because the utilities’ customers will be “captive in that they have no choice as to payment” of the charges, FERC said, ordering the companies to submit their PPAs for approval.

    The day after FERC issued its order, AEP Chief Executive Officer Nick Akins said in an earnings call that the company has “no interest in getting involved in a protracted FERC jurisdictional debate.”

    Akins said the company may try to sell all of its Ohio plants, something AEP had hinted it would do if the PPA wasn't approved. In addition, it will ask the Ohio General Assembly to reregulate the state's energy market, he said.

    Other Rehearing Applications

    Several groups opposed to the PPAs also have filed rehearing applications with the PUCO, including the Sierra Club, the Ohio Consumers’ Council and the Ohio Environmental Council.

    The consumers’ council estimates that FirstEnergy's plan will cost residential customers $3.9 billion over its eight-year term, and AEP's plan will cost ratepayers $2 billion over the same time frame.

    Shannon Fisk, managing attorney at Earthjustice, which is representing the Sierra Club, said the PPAs put “hundreds of millions of dollars or more of customer money at risk to prop up the profits of shareholders,” calling on the commission to reverse its approval.

    FirstEnergy wants Ohio regulators to approve a revised version of its PPA, according to PUCO filings.

    All parties in the proceedings have until May 12 to submit memoranda in support of their rehearing applications.

    The PUCO will review the filings by the utilities and other parties over the following 30 days and then can revise all or parts of its previous decision.

     http://news.bna.com/deln/DELNWB/split_display.adp?fedfid=89001666&vname=dennotallissues&fn=89001666&jd=89001666

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  11. Decades of Delay in EPA Fracking Wastewater Rules Alleged

    May 4, 2016 | BNA Daily Environmental Report

    By Andrew Harris

    The Environmental Protection Agency was accused of being almost 30 years late in issuing rules for the handling of wastewater from oil and gas exploration, delaying to act even as frackers’ disposal of it triggers earthquakes (Envtl Integirty Project v. McCarthy, D.D.C., No. 1:16-cv-842, 5/4/16).

    Environmental groups, including the Environmental Integrity Project and the Natural Resources Defense Council, filed a lawsuit May 4 in the U.S. District Court of the District of Columbia seeking an order compelling the EPA to adopt measures regulating the disposal. They say the need for them has become more acute with the prevalence of fracking, the pumping of sand, water and chemicals into underground shale formations to free natural gas and oil from the rock.

    Increased earthquake activity “in the vicinity of injection wells has been documented in Alabama, Arkansas, Colorado, Kansas, New Mexico, Ohio, Oklahoma and Texas,” according to the groups’ complaint.

    They say the absence of disposal rules poses a threat to human and environmental health.

    While Melissa Harrison, a spokeswoman for the EPA, declined to comment on the allegations, she said the agency is limited by several regulatory and statutory exemptions.

    “Where EPA's exemptions exist, states may have authority to regulate unconventional oil and gas extraction activities under their own state laws,” she said. “The EPA continues to work with states and other stakeholders to understand and address potential concerns with hydraulic fracturing to ensure that natural gas and oil production will proceed in a safe and responsible manner.”

    Wastewater from fracking contains potentially harmful pollutants, including naturally occurring radioactive materials, that can be dangerous if they're released into the environment or if people are exposed to them, according to a 2012 Natural Resources Defense Council study. Frackers rid themselves of wastewater by injecting it into the underground wells.

    A U.S. Geological Survey report issued earlier this year said quake rates have “increased markedly in multiple areas of the central and eastern United States, especially since 2010.” Studies have linked that seismic activity to the injection of wastewater into deep disposal wells, the agency said, adding probable damage from such events this year is “particularly high” in certain states.

    The suit naming EPA Administrator Gina McCarthy comes as regulators are fighting a separate federal case in Casper, Wyo., where four states and two petroleum industry groups won a preliminary order barring enforcement of Bureau of Land Management fracking rules for federal lands (66 DEN A-14, 4/6/16).

     http://news.bna.com/deln/DELNWB/split_display.adp?fedfid=89001650&vname=dennotallissues&fn=89001650&jd=89001650

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  12. Austrian Borealis to Import 240,000 mt/year of US Shale-Based Ethane: CEO

    May 4, 2016 | Platts

    By Shashank Shekhar

    Austrian petrochemicals producer Borealis will import 240,000 mt/year of US shale-based ethane for its crackers in Europe, company CEO Mark Garrett said Wednesday.

    This will be a fraction of the feedstock requirements of Borealis' crackers in Europe and the company will leverage a mix feedstock strategy to run its European crackers, Garrett said in a telephone interview.

    Borealis' 625,000 mt/year ethylene capacity cracker in Stenungsund, Sweden, and 400,000 mt/year cracker in Porvoo, Finland, are able to process a mix of feedstocks including liquids, LPG and ethane.

    In August 2014, Borealis signed a 10-year deal to buy shale-based ethane from US company Antero Resources for cracking in its European crackers. The gas will be sourced from the Marcellus and Utica shale formations. The company has already signed a shipping agreement with Navigator Holdings, a liquefied gas logistics company, to transport ethane from Marcus Hook in the US to Sweden.

    A 35,000 cu m capacity ethane vessel was named Navigator Aurora by Navigator Gas and Borealis in Shanghai, Tuesday. In a previous interview in early March, Garrett told Platts that the company expects to receive its first shale-ethane shipment into Europe by the end of 2016.

    Meanwhile, the cracker upgrade and the construction of an ethane storage tank at Borealis' location in Stenungsund is proceeding according to plan, the company said in a statement Wednesday. "The commissioning of a new unloading and storage facility will begin in the fourth quarter of 2016," the company said in the statement.

    http://www.platts.com/latest-news/petrochemicals/london/austrian-borealis-to-import-240000-mtyear-of-21390790

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  13. Chemical Security News

  14. Chemical Security Plans Quick Approval Program Needs Push

    May 4, 2016 | BNA Daily Environmental Report

    By Brian Dabbs

    Just one facility is participating in the Chemical Facility Anti-Terrorism Standards (CFATS) expedited approval program despite guidance released by the Department of Homeland Security nearly a year ago, the ranking member of a House committee said in a letter to the head of DHS.

    In the May 2 letter, Rep. Bennie Thompson (D-Miss.), ranking member of the House Homeland Security Committee, pressed DHS Secretary Jeh Johnson to provide information on the resources expended for implementing the program as well as outreach to affected parties and feedback from facilities on the qualifications for use.

    Thompson also requested insight on whether DHS expects use of the approval program to increase and whether higher-risk facilities are allowed to participate if DHS lowers their risk assessment.

    DHS ranks chemical facilities in four tiers based on their level of vulnerability, with the first tier representing the highest risk, and the fourth the lowest.

    The expedited approval program aims to move lower-risk facilities through the regulatory process quicker by admitting them directly into the compliance cycle without inspection. The facility owners must certify under penalty of perjury that all CFATS performance standards are met.

    DHS released program guidance on May 13, 2015 (94 DEN A-7, 5/15/15).

    Chemical Facilities Covered

    Congress authorized the CFATS expedited program as part of the 2002 Homeland Security Act. That statute was later amended by the CFATS Act of 2014, and chemicals facilities already regulated prior to enactment of that legislation were obligated to participate in the expedited approval program by mid-November 2015, the letter said.

    “Based on recent communications with Department representatives, it appears that only one facility—a Tier 4—has opted to participate in the EAP, this represents less than one percent of the population of eligible facilities,” Thompson said.

    Thompson asked for responses by May 23.

    The types of facilities regulated under the program range from chemical manufacturers to hospitals, dry cleaners, warehouses and universities.

     http://news.bna.com/deln/DELNWB/split_display.adp?fedfid=89001665&vname=dennotallissues&fn=89001665&jd=89001665

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  15. PHMSA Says Corrosion Possible Cause of Tetco NatGas Explosion

    May 4, 2016 | Natural Gas Intelligence

    By Jamison Cocklin

    Federal regulators said the preliminary investigation of what caused a massive explosion and fire on the Texas Eastern (Tetco) pipeline in Southwest Pennsylvania shows evidence of corrosion at two areas on the affected pipe, one of which was at the point of failure.

    The Pipeline and Hazardous Materials Safety Administration (PHMSA), which is leading the investigation, detailed the early findings in a corrective action order it issued to Spectra Energy Corp. subsidiary Texas Eastern Transmission LP. The agency said the cause of the failure is still unknown, but it said investigators had identified corrosion along two of the pipe's circumferential welds, including at the point of failure and on another piece excavated shortly after PHMSA arrived on scene.

    The failed pipe section, the order said, is being transported to an independent metallurgist for examination and failure analysis.

    "The pattern of corrosion indicates a possible flaw in the coating material applied to girth weld joints following construction welding procedures in the field at the time," PHMSA said in its order.

    The blast and subsequent fire were reported at about 8:30 a.m. EDT last Friday on Tetco's Penn-Jersey Line in the M3 Zone, toppling trees, razing one house, damaging others and sending one resident to the hospital with burns (see Shale Daily, April 29). The blast occurred in an area where four pipelines run parallel to one another in Westmoreland County’s Salem Township, about 30 miles east of Pittsburgh. The one that ruptured, Spectra said, was a 30-inch line built in 1981.

    Spectra said in an update on Wednesday an inline inspection in 2012 "revealed no areas requiring repair or remediation before the next inspection." The company said it would continue to support the ongoing investigation.

    The corrective order requires Spectra to take several immediate actions to determine the cause of the incident and ensure the safety of the three nearby pipelines that could have been affected by the failure before they can be restarted. PHMSA said those pipelines remained shut down on Wednesday under its authority. The agency also said that it could amend its order to require additional action as the investigation continues and added that enforcement action, such as civil penalties or referral for a criminal investigation, are possible.

    Flows beginning at the Delmont compressor -- the western boundary of the M3 zone -- have been cut to zero, with flows affected eastward. The outage has cut about 1 Bcf/d of natural gas flows on the system (see Shale Daily, May 2). Spectra had said that flows through Delmont would remain at zero through Tuesday (May 3), but said in an update the restriction had been extended to Saturday (May 6). 

    http://www.naturalgasintel.com/articles/106300-phmsa-says-corrosion-possible-cause-of-tetco-natgas-explosion

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  16. Transportation News

  17. CSX Tracks Where Train Derailed Return to Normal

    May 4, 2016 | Washington Post

    By Faiz Siddiqui

    A stretch of CSX train tracks made impassible by a Sunday morning derailment in Northeast Washington reopened to rail traffic Tuesday night, the company said Wednesday, capping off a cleanup process that inconvenienced thousands of commuters and raised environmental concerns in the region.

    CSX crews finished the three-day cleanup of the site Tuesday night, and the first CSX train rumbled through the area about 9:30 p.m., according to CSX spokesman Rob Doolittle. Service on MARC’s Brunswick Line, which had been disrupted by the massive cleanup effort, returned to normal Wednesday.

    “CSX crews last night completed restoration of the tracks and road bed at the site of the May 1 derailment in Washington, D.C.,” Doolittle said in a statement. “All rail cars involved in the incident have been removed from the site, soil impacted by the sodium hydroxide release has been excavated and replaced with clean fill, and the rail infrastructure has been restored.”

    The derailment sent 16 cars off the tracks, spilling hundreds of gallons of sodium hydroxide– a hazardous chemical used in cleaning agents– prompting road closures and fear of chemical exposure. It also sparked renewed concern from transit and environmental watchdogs about the transportation of hazardous chemicals through the District.

    Authorities said in the hours after Sunday’s 6:40 a.m. derailment there were no air or water quality issues at the scene. The wreckage itself was visible from the Rhode Island Avenue Metro station, whose platform adjacent to the crash site reopened to commuters Monday.

    The incident remains under investigation by the Federal Railroad Administration, which has not said whether speed, track conditions or any other factor may have been a cause.

    Doolittle declined to provide a cost of the cleanup. He said CSX pays for the impact of derailments and works with affected communities to cover individual and business claims and compensate emergency personnel for time and materials.

    On a given day, about 20 trains operate through the area of the derailment, which was the number expected Wednesday, Doolittle said.

    CSX “appreciates the patience of passengers and area commuters who were inconvenienced by this derailment,” he said. “Safety is CSX’s highest priority, and any lessons learned from the investigation into the cause of this incident will be applied to help prevent such incidents in the future.”

    https://www.washingtonpost.com/news/dr-gridlock/wp/2016/05/04/csx-tracks-where-train-derailed-return-to-normal/

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  18. Environment News

  19. IG Criticism Spurs EPA Promise To Improve Industrial Air Compliance Data

    May 3, 2016 | Inside EPA

    By Stuart Parker

    EPA is vowing to improve its collection and management of data on industrial facilities' Clean Air Act compliance, following an Inspector General (IG) report that criticized the agency's information as incomplete and inaccurate -- which creates the risk of inadequate monitoring of facilities that could result in greater releases of air pollution.

    In a May 3 report, “Clean Air Act Facility Evaluations Are Conducted, but Inaccurate Data Hinder EPA Oversight and Public Awareness,” the IG finds that EPA's system for tracking whether states and other air regulators with “delegated” powers under the air law have conducted periodic checks on industrial air pollution sources' compliance is flawed.

     EPA's Compliance Monitoring Strategy (CMS) recommends that states and other delegated agencies conduct Full Compliance Evaluations (FCEs) every two years to ensure facilities' compliance with the air law, including adherence to air permit emissions limits and other provisions. In many cases, EPA's database indicates that local regulators have not conducted such evaluations for five years.

    However, the information reported by states to EPA and held in the agency's files is often incomplete or inaccurate, the IG report says, and in fact most of the facilities have been evaluated or are no longer qualifying “major” pollution sources. The report looked at facilities in EPA Regions 6 covering the Southwest, Region 8 covering the Rocky Mountains, and Region 9, which covers several Pacific Coast states.

    “The errors went undetected because of limited data quality oversight performed in EPA Regions 6, 8 and 9. Oversight was needed to verify data entered into the Air Facility System (AFS- EPA's old database) and migrated into the Integrated Compliance Information System-Air (ICIS-Air) database,” which is EPA's new system, the IG says. “Inaccurate data hinder EPA oversight and reduce assurance that delegated compliance programs comply with the agency's CMS guidance,” the IG says. The ICIS-Air database feeds data to EPA's publicly-available ECHO website, meaning that the public may be misinformed about the status of facilities' emissions, the IG adds.

    Of 65 facilities the IG reviewed, “information was inaccurate or incomplete for 88 percent of the facilities, with respect to source classification, operational status and FCE data,” the report says.

    IG's Recommendations

    The incomplete emissions data could mean some air pollution level spikes that are unaccounted for, the IG warns. For example, “The EPA has less assurance that local agencies in California are conducting adequate compliance activities, which increases the risk that excess emissions could impact human health and the environment.”

    The IG recommends that to address the problems, EPA should “[e]stablish a process to conduct regular data quality checks to verify the proper recording of FCEs, source classifications and operational status of [air law] major operating facilities in ICIS-Air,” and that the agency “Ensure that the ICIS-Air database is updated to reflect the correct source classification, operational status and FCEs for facilities within the assignment’s scope, including facilities initially identified as [air law] major operating facilities.”

    The IG further recommends that EPA Region 9 improve its records retention to address specific issues in that area.

    EPA in response to the report agrees to implement the IG's recommendations, and the IG says, “All report recommendations are resolved and open pending completion.”

    However, Cynthia Giles, EPA Assistant Administrator for the Office of Enforcement and Compliance Assurance, in her written response to an earlier draft of the report, says, “While we recognize the data inaccuracies in the former [Clean Air Act] database, AFS, and are completing the needed corrections to address the identified errors, we disagree with the [IG] conclusion that EPA lacks oversight to ensure data accuracy.

    “In addition to the improved data quality resulting from the transition to ICIS-Air, we have multiple tools available to analyze the data and we continue to discuss data quality issues routinely with our state and local partners.”

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  20. Obama: Flint Crisis Caused by ‘A Culture of Neglect’ in Government

    May 4, 2016 | The Hill - E2 Wire

    By Devin Henry

    President Obama rallied residents of Flint, Mich., on Wednesday, blaming its water crisis on a broader “culture of neglect” within government and telling citizens of the beleaguered city it “will come back” stronger.

    The lead issues plaguing the city’s water supply came about because of “broader mindset, a bigger attitude — a corrosive attitude — that exists in our politics and exists in too many levels of government,” Obama said. 

    “It’s a mindset that believes that less government is the highest good, no matter what,” he said in his speech there on Wednesday.

    “It’s a mindset that says environmental rules, designed to keep your water clean, your air clean, are optional or not that important. … It’s an ideology that undervalues the common good, that says we’re all on our own.”

    The city of 100,000 people, Obama said, “will come back” stronger than ever, but he said political leaders, including Michigan's Republican Gov. Rick Snyder, need to acknowledge government’s role in helping American cities.

    Obama’s speech hit on a key conflict of his presidency: the question of the proper role of government in American lives. 

    He dismissed the “small government ideology” he said diminishes government services, especially for poor cities such as Flint. He said the federal government stands ready to help the city recover from the lead water crisis, and challenged the state government to pitch in and help out as well. 

    Snyder has accepted primary blame for the water contamination problems in Flint, where residents have been drinking filtered city water for weeks. 

    An emergency manager appointed by Snyder switched the city’s water source in April 2014 as a cost-saving measure, causing untreated water to corrode pipes while flowing to residents.

    Officials have also blamed the Environmental Protection Agency for not acting quickly enough to alert residents to the problems in the city.

    Obama praised community groups and nonprofits for swooping into Flint to help distribute water filters and other aid to resident there. But he said that should be the government’s job, not volunteers' — and that goes for more than just drinking water infrastructure. 

    “Volunteers don’t build county water systems and keep lead from leeching into our drinking glasses,” he said. “We can’t rely on faith groups to reinforce bridges and repave runways at our airports. We can’t ask second graders … to raise enough money to keep our kids healthy.

    "You hear a lot about government overreach. It’s not government overreach to say our government is responsible to make sure you” have clean water, he continued. 

    Obama spent the afternoon in Flint, meeting with local officials to discuss the federal and state response to the crisis.

    He drank filtered tap water while there — first in a photo opportunity at a press conference, and then to broad applause during his afternoon speech. He urged residents to get filters so they can drink the water safely, and said children who drank unfiltered water should get checked for lead poisoning problems.  

    Most of all, he said, he was visiting the city to hear directly from people impacted by “a tragedy that should never have happened in the United States of America,” and tell residents that things will get better, in Flint and beyond.  

    “It’s not enough fix the water,” he said. “We’ve got to fix the culture of neglect. … We’ve got to fix the mindset that only leaves people cyclical at our government.”

    http://www.thehill.com/policy/energy-environment/278759-obama-flint-crisis-caused-by-a-culture-of-neglect-in-government

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  21. American Combustion Service, Inc. Helps Businesses Comply with the EPA

    May 4, 2016 | Chicago Tribune

    By Community Contributor marielazzara

    American Combustion Service, Inc. (ACSI) is helping businesses come into compliance with new Environmental Protection Agency rules for boilers. These guidelines, Boiler Maximum Achievable Control Technology (boiler MACT) vary based on a boiler's size, age, fuel type and emissions.

    "We know that these regulations can be confusing," states Frank Lacny, president of American Combustion Service, Inc. "There are standards with exceptions for almost every rule. We cut through this and help our customers get into compliance."

    Any building that operates with a boiler could be required to comply with these rules. The EPA is mandating that boilers and process heaters are inspected and tuned up per regulations, including stack testing for oxygen, carbon dioxide and carbon monoxide. Burner components need to be cleaned and replaced as needed. The fuel to air ratio has to be optimized and equipment correctly calibrated. It is important to note that both before and after combustion readings must be documented. Even if no adjustments were required.

    ACSI has been in business for over 30 years and has always known that their success depends upon the quality of services provided. While the EPA has not specified fines or actions associated with non-compliance yet, it is expected in the future. Planning early reduces stress as deadlines approach. For more information, please visit ACSI atwww.acsigroup.com or call (773) 737-9200.

    About American Combustion Service, Inc.

    American Combustion Service, Inc. was founded by Frank M. Lacny in December 1984. The Company has always been based in the southwest suburb of beautiful Mokena, Illinois. Its spacious building is home to corporate offices, stock room and shop for in-house fabrication and repairs. The company is made up of three divisions, Service, Mechanical Installations (Piping), and Refractory. Find more information athttp://www.acsigroup.com.

    This item was posted by a community contributor.

    http://www.chicagotribune.com/suburbs/daily-southtown/community/chi-ugc-article-american-combustion-service-inc-helps-busin-2016-05-04-story.html

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