Preview Newsletter
ACC PM 7/6/16
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(ACC Mentioned) ACC Launches Issue Ads Highlighting Sen. Toomey
Jul 6, 2016 | Yahoo Finance
By PR Newswire
The American Chemistry Council (ACC) announced today that it has launched advertisements commending Sen. Pat Toomey (R-Pa.) for his support of policies that will limit wasteful government spending and grow the economy. -
(ACC Mentioned) ACC Launches Ads Highlighting Sen. Blunt
Jul 6, 2016 | Yahoo News
By PR Newswire
The American Chemistry Council (ACC) announced today that it has launched advertisements commending Sen. Roy Blunt's (R-Mo.) dedication to improving our economy and helping businesses grow. -
A Look at the West: Chemical Safety Law Giving EPA More Power Passes Congress
Jul 6, 2016 | The Herald Times
By Elizabeth Shogren
RBC I The Frank R. Lautenberg Chemical Safety for the 21st Century Act, as the update is called, is the biggest environmental law to pass Congress in two decades. It was approved by the House 403-12 on May 31. -
Vermont Sets 1 January 2017 Chemical Disclosure Reporting Deadline
Jul 6, 2016 | Chemical Watch
By Kelly Franklin
Vermont’s Department of Health (VDH) has announced a 1 January 2017 reporting deadline, for manufacturers covered under the state’s chemical disclosure programme for children’s products. -
NTP Synthetic Turf Research Tests Aim To Fill Toxicology Data Gaps
Jul 6, 2016 | Inside EPA
By Maria Hegstad
The National Toxicology Program (NTP) is planning to conduct short-term toxicology tests on tire crumb rubber infill used in many synthetic turf fields, in coordination with EPA and other state and federal agencies that are researching the materials' potential human health risks. -
Canada Adds Microbeads to List of Toxic Substances
Jul 6, 2016 | Chemical Watch
By Sylvia Palmer
The Canadian government has added “plastic microbeads that are ≤ 5mm in size” to schedule 1 of the Canadian Environmental Protection Act (Cepa) – the country’s list of toxic substances – following consultation on a 2015 proposal. -
Enviros Push to Join Suit Over Marcellus-Area Moratorium
Jul 6, 2016 | E&E Energywire
By Ellen M. Gilmer
Environmentalists want a piece of the legal action over a longtime moratorium on oil and gas drilling in part of the Marcellus Shale. -
Pennsylvania PUC Approves Multiple Plans to Replace Aging NatGas Infrastructure Faster
Jul 6, 2016 | Natural Gas Intelligence
By Jamison Cocklin
The Pennsylvania Public Utility Commission has approved the modified long-term infrastructure improvement plans (LTIIP) for Peoples Natural Gas, UGI Gas, UGI Penn Natural Gas and UGI Central Penn Gas that will allow the companies to more quickly replace aging infrastructure. -
DOE Seeks to Offer Cyberthreat-Sharing Defenses to Small Utilities
Jul 6, 2016 | E&E Energywire
By Peter Behr
An advanced cyberthreat-sharing shield called CRISP has expanded to several dozen large U.S. utilities covering three-quarters of the American population. -
Quebec Town Ravaged by Train Fire Wants Rail to Bypass It
Jul 6, 2016 | Washington Post
By Associated Press
A runaway oil train brought death and destruction to this tiny community in Quebec, killing 47 people and destroying dozens of buildings. -
Water Regulators Seek Maximum Flexibility In Model CWA Trading Plans
Jul 6, 2016 | Inside EPA
By David LaRoss
Water regulators crafting novel model Clean Water Act (CWA) trading policies covering areas from regulatory text to sample discharge permits are seeking a flexible framework that would allow states to create dramatically different trading programs while allowing easy comparison of plans, says a consultant working on the models.
Industry and Association News
TSCA News
Chemical Management News
Energy News
Chemical Security News
Transportation News
Environment News
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(ACC Mentioned) ACC Launches Issue Ads Highlighting Sen. Toomey
Jul 6, 2016 | Yahoo Finance
By PR Newswire
The American Chemistry Council (ACC) announced today that it has launched advertisements commending Sen. Pat Toomey (R-Pa.) for his support of policies that will limit wasteful government spending and grow the economy.
"Again and again, Sen. Toomey has shown strong leadership and support for Pennsylvania and its job creators. Pennsylvania is the tenth largest chemistry-producing state, and as representatives of one of the nation's largest manufacturing sectors, we want to acknowledge Sen. Toomey's hard work to keep our economy thriving," explained ACC President and CEO Cal Dooley. "He supports practical policies that decrease wasteful spending, keep taxes low and strengthen our economy, which are critical to America's manufacturing sector and small businesses in Pennsylvania and around the country."
These advertisements are part of a seven-figure ad campaign running across three states commending U.S. Senators for their support of pro-business policies. The ads for Sen. Toomey will run for two weeks throughout select markets in Pennsylvania, including Harrisburg, Wilkes-Barre, Johnstown and their surrounding areas, and will encourage constituents to contact the office of the Senator to tell him to keep up the good work.
You can view the ad here: http://youtu.be/cvesTXBf5cY.
http://www.americanchemistry.com
The American Chemistry Council (ACC) represents the leading companies engaged in the business of chemistry. ACC members apply the science of chemistry to make innovative products and services that make people's lives better, healthier and safer. ACC is committed to improved environmental, health and safety performance through Responsible Care®, common sense advocacy designed to address major public policy issues, and health and environmental research and product testing. The business of chemistry is a $797 billion enterprise and a key element of the nation's economy. It is the nation's largest exporter, accounting for fourteen percent of all U.S. exports. Chemistry companies are among the largest investors in research and development. Safety and security have always been primary concerns of ACC members, and they have intensified their efforts, working closely with government agencies to improve security and to defend against any threat to the nation's critical infrastructure.
http://finance.yahoo.com/news/acc-launches-issue-ads-highlighting-130000059.html
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(ACC Mentioned) ACC Launches Ads Highlighting Sen. Blunt
Jul 6, 2016 | Yahoo News
By PR Newswire
The American Chemistry Council (ACC) announced today that it has launched advertisements commending Sen. Roy Blunt's (R-Mo.) dedication to improving our economy and helping businesses grow.
"Washington needs more commonsense problem solvers like Sen. Blunt. By working to overcome partisan gridlock, Sen. Blunt has been a champion for our economy by supporting policies that keep taxes low and eliminate regulatory burdens so businesses can thrive," explained ACC President and CEO Cal Dooley. "His bipartisan leadership has been critical to America's manufacturing sector and small businesses in Missouri and across our nation."
"Chemistry is the third largest manufacturing industry in Missouri," continued Dooley. "Because of chemistry's impact in the state and as representatives of one of the nation'slargest manufacturing sectors, we believe his leadership on key issues will benefit our industry, job creators and the economy as a whole."
These advertisements are part of a seven-figure ad campaign running across three states commending U.S. Senators for their support of pro-business policies. The ads for Sen. Blunt will run for two weeks throughout select markets in Missouri, including Kansas City and Springfield, and encourage constituents to contact the office of the Senator to tell him to keep fighting for Missouri families.
You can view the ad here: https://youtu.be/AlXfdtB5u5A.
http://www.americanchemistry.com
The American Chemistry Council (ACC) represents the leading companies engaged in the business of chemistry. ACC members apply the science of chemistry to make innovative products and services that make people's lives better, healthier and safer. ACC is committed to improved environmental, health and safety performance through Responsible Care®, common sense advocacy designed to address major public policy issues, and health and environmental research and product testing. The business of chemistry is an $801 billion enterprise and a key element of the nation's economy. It is the nation's largest exporter, accounting for fourteen percent of all U.S. exports. Chemistry companies are among the largest investors in research and development. Safety and security have always been primary concerns of ACC members, and they have intensified their efforts, working closely with government agencies to improve security and to defend against any threat to the nation's critical infrastructure.
https://www.yahoo.com/news/acc-launches-ads-highlighting-sen-blunt-130000815.html
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A Look at the West: Chemical Safety Law Giving EPA More Power Passes Congress
Jul 6, 2016 | The Herald Times
By Elizabeth Shogren
RBC I The Frank R. Lautenberg Chemical Safety for the 21st Century Act, as the update is called, is the biggest environmental law to pass Congress in two decades. It was approved by the House 403-12 on May 31.
The bill hit an unexpected snag in the Senate. Despite the broad bipartisan support for the bill, Sen. Rand Paul, R-Kentucky, is blocking a vote, saying he wants time to learn about the bill. He also says that businesses are always complaining to him that they’re “regulated to death” and yet this bill “takes the power away from the states and creates a new federal regulatory regime.”
The bill allows the EPA to evaluate the safety of tens of thousands of older chemicals that were impossible to regulate under existing law and strengthens the agency’s hand in reviewing new chemicals. It requires the agency to consider only safety and health—and not costs—when deciding whether a chemical presents “unreasonable risk.”
It charges companies up to $25 million to pay for the reviews and provides new protections for vulnerable groups such as children, the elderly and people with compromised immune systems.
If the EPA finds that a chemical poses a risk to any group of people, it must “impose restrictions sufficient to ameliorate the risk,” says Richard Denison, lead senior scientist for the Environmental Defense Fund, who has long worked on the bill.
The bill was shepherded through Congress by Udall and Sen. David Vitter, R-LA. The unlikely duo came together because the industry, public health and environmental groups all agreed that Toxic Substances Control Act was broken.
Over 40 years, the EPA managed to use the law to test only a few hundred of the tens of thousands of chemicals in circulation. The prime example of the law’s weakness came when the EPA tried to use it to restrict asbestos. But a court overturned the ban in 1991, eviscerating the agency’s power to regulate existing chemicals.
In the vacuum, some states, including California, Oregon and Washington, started to regulate toxic chemicals. These state efforts helped push the industry to the table to negotiate a new bill. They also proved a crux for efforts to pass the reform.
Sen. Barbara Boxer, D-CA, fought against the bill because it would restrain states’ efforts to regulate toxic chemicals. More recently, she used her influence to narrow those restrictions.
“I didn’t go on this bill; I changed it,” Boxer said at a recent press conference. “I wish I had the option to write the bill on my own. Believe me, it would have been much stronger. But I know if we want to make progress, we need to reach across the aisle.”
Under the final bill, state chemical regulations already on the books will remain in effect. Going forward, state action will be pre-empted while the EPA reviews a chemical. Once the EPA acts, its decision on whether a chemical is safe or needs to be restricted will trump any state action. States can request waivers or step in if EPA takes more than three and a half years to complete its evaluation.
States that pushed hard for fewer restrictions on their authority to regulate chemicals seemed ready to adapt to the new bill and eager for a stronger federal regulator. Ken Zarker, who manages the pollution prevention and regulatory assistance section of Washington State’s Department of Ecology, called the bill “workable” even though his state and others were disappointed that it will restrict states’ regulatory ability.
Washington State Legislature earlier this year banned several flame retardants in furniture and children’s products. Zarker’s agency was tasked with studying five additional chemicals and reporting back to the Legislature on whether they too should be banned. Under the new toxics law, if the federal government decides to review these same chemicals, that could hamper speedier action by the state.
“The feds move too slow; it’s like trying to fight with one arm tied behind your back,” says Zarker.
Still, Zarker says only a few states have the resources to review toxic chemicals. So, having a stronger federal cop on the beat, as provided by this bill, should be good for everybody.
“At least it sets up a system; we currently don’t have one,” Zarker says. “We’ve got to start somewhere.”
But some health experts warn that although the measure is stronger than current law it will not provide what so many people want—timely, dependable information about the safety of the chemicals they and their children encounter every day. The bill requires the EPA to name the first 10 chemicals it will evaluate within six month and within three and a half years be conducting risk evaluations of at least 20 high-priority chemicals. The bill sets a three-year deadline for the EPA to complete risk assessments of chemicals after designating them as high risk. The agency then would have two years to regulate.
The “glacial pace” of chemical reviews envisioned by the bill and the inadequate funding means that the EPA will be unable to provide consumers with the “proactive prevention that so many consumers are seeking,” Leonardo Trasande, an associate professor of pediatrics at New York University, said in an interview with High Country News.
“How can that be sufficient when there are thousands of highly produced chemicals without testing data?” Trasande wrote in a blog post.
In his post and in his earlier article in the Journal of the American Medical Association, he outlined concerns that the new bill will fail to give the government adequate tools to protect vulnerable populations from the risks posed by synthetic chemicals. “A large—and growing—literature demonstrates that synthetic chemicals can disrupt the developing brains of children,” he writes.
Other public health experts are concerned about the way the EPA currently evaluates whether chemicals pose health risks.
“Right now, EPA’s risk assessment process is inadequate to fully characterize the risk for effects other than cancer. That’s a huge problem,” said Tracey Woodruff, who directs the program on reproductive health and the environment at the University of California, San Francisco. “That could allow a lot of chemicals to stay on the marketplace that might pose a public health risk.”
She’s worried the regulations to implement the new law could enshrine outdated EPA methods. For example, she said the agency must consider the multiple ways a person might be exposed to the same toxic chemical as well as the cumulative impact of a variety of chemicals.
And, of course, how the EPA implements the new law and how much funding the agency gets to do the work will have a huge impact on whether it will live up to its sponsors’ high hopes.http://www.theheraldtimes.com/a-look-at-the-west-chemical-safety-law-giving-epa-more-power-passes-congress/rio-blanco-county/
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Vermont Sets 1 January 2017 Chemical Disclosure Reporting Deadline
Jul 6, 2016 | Chemical Watch
By Kelly Franklin
Vermont’s Department of Health (VDH) has announced a 1 January 2017 reporting deadline, for manufacturers covered under the state’s chemical disclosure programme for children’s products.
The announcement was accompanied by the formal launch of the state’s online reporting portal.
The VDH also issued a guidance document and online reporting system user manual to support stakeholders in the submission process.
It had originally intended for the reporting tool to be available for submissions from 1 January 2016, with a reporting deadline of 1 July. But, in December, the agency said that “unforeseen circumstances” haddelayed the portal’s launch.
The agency had advised stakeholders that it would delay the reporting deadline, until six months after the launch of the online reporting tool.
Product-specific reporting
Vermont’s Act 188 authorised the state’s Chemicals of High Concern in Children's Products Rule. This requires manufacturers of the products, containing any of 66 chemicals of high concern to children, to file reports with the state.
Unlike similar chemical reporting rules in states like Washington and Oregon, Vermont’s requires reporting of data on a product-by-product basis. A coalition of business groups calls it “the most significant data development requirement for children’s products of any state in the country”.
In response to draft guidance issued by the agency in February, the industry coalition said that it did not provide sufficient clarity on what this level of specificity would entail, and requested “extensive examples” be provided to “ensure consistency and adequacy in reporting”.
The agency’s updated guidance document includes further details on how a manufacturer should specify brand names and product model data.
It also clarifies that if a product is offered for sale in different sizes or variations, then each version need only be reported separately if the chemical concentrations within the components “are significantly different”.
Guidance on how fees are processed, when reports should be submitted for new products entering the market, and further clarification on who is responsible for submitting these, is also included.
According to the guidance, the state will not enter into a reciprocal data-sharing agreement with Washington state for the first reporting period. “Once Vermont begins accepting disclosures, the department will evaluate the ability of the programme to work with other states to share data,” it says.
Vermont has stuck to its July 2017 timeframe for its review of disclosure data to identify chemicals for potential regulatory action.
https://chemicalwatch.com/48428/vermont-sets-1-january-2017-chemical-disclosure-reporting-deadline
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NTP Synthetic Turf Research Tests Aim To Fill Toxicology Data Gaps
Jul 6, 2016 | Inside EPA
By Maria Hegstad
The National Toxicology Program (NTP) is planning to conduct short-term toxicology tests on tire crumb rubber infill used in many synthetic turf fields, in coordination with EPA and other state and federal agencies that are researching the materials' potential human health risks.
NTP staff outlined their planned research project during a meeting last month of the program's Board of Scientific Counselors (BSC) in Research Triangle Park, NC, where NTP's Abee Boyles noted the many other agencies are researching synthetic turf fields, their tire crumb rubber infill and tire crumb rubber playground mats and quipped that NTP is entering a "somewhat crowded playing field."
Other agencies conducting research include EPA, the Agency for Toxic Substances and Disease Registry (ATSDR), the Consumer Product Safety Commission (CPSC), California's Office of Environmental Health Hazard Assessment (OEHHA) and the European Union's chemicals agency.
Boyles noted that NTP staff have considered where NTP might fit into the field to help fill knowledge gaps. "We think our effort is unique and complimentary," she said. "We're focusing on the rubber." She explained that staff plans to conduct short-term in vivo and in vitro toxicology studies on crumb rubber.
"Particularly for this project we are trying to keep in regular contact with OEHHA and the other federal agencies. We had a conference call yesterday to make sure we're keeping in contact and don't go off in three different directions," Boyles said. "Next steps are to set project design teams, release plans . . . We hope to start the studies next year."
An EPA spokesperson concurred that staff at the agencies are communicating. "We will be sharing information with them and they will share information with us as it is available," he said. "However, NTP's studies are on an 18 month time line and will not be included in the EPA status report which will be released at the end of the year."
EPA and ATSDR are solidifying research plans for a pair of studies released in draft form last February. One is intended to "characterize field use procedures and conditions," by recording field use and maintenance patterns at 40 synthetic turf fields spread across the United States, according to ATSDR's Feb. 18 Federal Register notice.
Exposure Patterns
The second study is thought to be "the first assessment of activities conducted on synthetic turf for the purpose of characterizing potential exposure patterns," according to the notice, by surveying people who frequently use synthetic turf fields.
A letter peer review was underway, the spokesperson said. Next, the document must undergo review by the White House Office of Management and Budget because the document calls for interviewing or surveying more than 10 people or entities.
Should resources allow, EPA and ATSDR want to expand the research project to "conduct a full exposure characterization sub-study among a subset of the respondents. If possible, we will use the facilities sampled in the first study to conduct activities for the full exposure characterization of facility users. The exposure characterization sub-study will likely include but is not limited to field environment and material sampling, personal air monitoring, dermal sampling, and urine collection," according to the Register notice.
Boyles explained at the June 15 meeting that staff are still trying to determine how best to conduct their studies -- which routes of exposure are of concern, and how to administer the crumb rubber to lab animals and cells. "The next big hurdle is how to expose animals or cells," she said, noting the crumb rubber is not "something that dissolves in water."
Options include exposing rodents by inhalation, mixing particles in their bedding or food, or using extraction methods. "These are all possibilities now; we need to do a little more work playing with the materials to see what is possible," Boyles said. Another approach might be to "take the list of known identified constituents, and their metabolites, that might point us to pathways to look at."
Ongoing Research
Members of the BSC expressed varying views on the ongoing research ranging from high to low levels of interest in the project.
Mary Beth Genter, a professor of environmental science at the University of Cincinnati, said she has a "moderate to high range of interest about this," citing public interest in the issue and the fact the NTP research is "a battery of short term tests, that could guide future work." She described NTP's outline of the study as a "small, doable study."
By contrast, another counselor, Jim Stevens, a distinguished research fellow with Eli Lilly's research laboratories, said he had low enthusiasm for the project, which he classified as low significance. "There's a difference between responding to the public and scientific [endeavors] . . . It wasn't clear to me why the previous studies are being discounted, because they all found no or low evidence," he said. "I understand the importance of the issue. But scientifically, not sure there's a hypothesis that you can test."
Still, Stevens acknowledged that some published ecotoxicity studies in aquatic organisms have shown some effects from downstream exposure to the fields' runoff. He suggested that NTP consider testing the crumb rubber infill in zebrafish, a common surrogate used to test for effects in aquatic species in toxicology labs.
Another counselor, Ken McMartin, a pharmacology professor at Louisiana State University Health Sciences Center, said his interest in the program "floated between" his two colleagues. He joined Stevens in supporting the idea of testing zebrafish. "I don't think there's really any data of potential toxicity of crumb rubber that would help impact any decisions that are being made," McMartin said. "I think that pursuing short-term in vivo, in vitro tox studies would be useful. I really like Jim's downstream zebrafish design."
Mulling the counselors' remarks, Boyles said that once the other agencies' research is complete in several years, "I think we'll have a much better idea of what to do. The question is whether we do something short-term now to have some sort of data as a starting point."
She said that she and colleagues would "think further about an aquatic tox model. There's a zebrafish leukemia model. . . . I don't even know how we'd begin to do that, but it will be fun to consider."
Public Comments
The meeting also took public comments, where toxicology consultant Laura Green, who said she has worked with many school districts and parents groups in New England regarding concerns about tire crumb rubber over the past decade, gave advice from her experiences. Echoing a recommendation from Genter, Green urged NTP to use a gavage method of exposing lab animals to the tire crumb rubber, saying that other exposure pathways were less relevant or less practical for various reasons.
Noting concerns of a potential cancer cluster in current and former youth soccer players, particularly goalies, Green tried to impress on the meeting parents and schools' concerns about the fields. A Washington state epidemiologist is trying to explore that potential connection, but Green noted that cancer cluster studies are often unable to establish a causative link. Green also said that the synthetic fields allow more children, particularly girls, to play sports as grass fields are often prioritized for football unless there are enough for multiple sports.
Lastly, Green urged NTP to conduct testing at several dose levels and to test soil as a control and alternative infill used in some synthetic fields instead of the tire crumb rubber, such as ground up Nike shoes or coconut husks.
http://insideepa.com/daily-news/ntp-synthetic-turf-research-tests-aim-fill-toxicology-data-gaps
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Canada Adds Microbeads to List of Toxic Substances
Jul 6, 2016 | Chemical Watch
By Sylvia Palmer
The Canadian government has added “plastic microbeads that are ≤ 5mm in size” to schedule 1 of the Canadian Environmental Protection Act (Cepa) – the country’s list of toxic substances – following consultation on a 2015 proposal.
This paves the way for the government to act on its stated intent, “to prohibit the manufacture, import, sale and offer for sale of microbead-containing personal care products that are used to exfoliate or cleanse.”
Small plastic microbeads, used in such consumer products such as face wash and toothpaste, have been found to accumulate in waterways. Canada’s scientific review concluded that the substance may constitute an immediate or long-term harmful effect to human health or to the environment, per the criteria of paragraph 64(a) of Cepa.
The definition of the substance was agreed after extensive stakeholder consultations, and amid differing views on the size and makeup of covered microplastics. The final definition aligns with that set out in a US bill, signed into law last year, to ban the substance.
Stakeholders react
Darren Praznik, president & CEO at the Canadian Cosmetic, Toiletry and Fragrance Association (CCTFA), said the government action “ensures a common regulatory approach across the Canadian market”.
CCTFA worked closely with Environment and Climate Change Canada (ECCC) to “develop and refine the published definition, and we are very pleased that it has been finalised”, he added.
The Canadian NGO Environmental Defence, which last year expressed concerns with the government’s approach, applauded the news. It will enable the government to “move on regulations to ban microbeads under Cepa”, it said.
Maggie Macdonald, programme manager, toxics at Environmental Defence, said that the government’s action comes at a time when a call is being made for “improvements to risk management under Cepa, to ensure toxic substances are removed from products in a timely manner.”
“We hope that this swift action on microbeads is a sign of things to come, when it comes to the federal government’s attention to toxic chemicals,” she added.
Voluntary phase-out
A 2015 survey showed that Canada imported about 100,000kg of plastic microbeads in personal care mixtures and products. In addition, between 1,000 to 10,000kg were used to manufacture exfoliating and cleansing personal care products.
According to Mr Praznik, Canada began a voluntary phase-out some time ago, which many CCTFA members have already completed.
“CCTFA will continue our efforts with ECCC and members to phase out any remaining microbeads in affected products.”
According to Ms Macdonald, several large companies have taken the lead to end the use of the substance, “effectively eliminating economic arguments for delaying a ban”.
Global action
In the US, bans on microbeads in rinse-off cosmetics begin from 1 July 2017. The federal action preempts similar bans that had been passed at the local level in more than half a dozen states.
In Europe, a joint call was issued in December 2014 by Austria, Belgium, Luxembourg, the Netherlands and Sweden, to ban the substance in personal care products.
In May, Denmark’s environment and food minister urged the European Commission to introduce a Europe-wide ban on the use in cosmetic products.
Cosmetics giants in the UK, however, are lukewarm on a potential microplastics ban.
https://chemicalwatch.com/48427/canada-adds-microbeads-to-list-of-toxic-substances
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Enviros Push to Join Suit Over Marcellus-Area Moratorium
Jul 6, 2016 | E&E Energywire
By Ellen M. Gilmer
Environmentalists want a piece of the legal action over a longtime moratorium on oil and gas drilling in part of the Marcellus Shale.
The Delaware Riverkeeper Network yesterday moved to intervene in litigation between a Pennsylvania landowner and the Delaware River Basin Commission, an obscure multistate agency that has blocked drilling in the watershed since 2010.
Wayne Land and Mineral Group LLC, which owns 180 acres of surface and mineral rights in Wayne County, Pa., filed suit in May, accusing the commission of acting beyond its jurisdiction. They say the DRBC's authority over water projects in the 13,539-square-mile watershed does not extend to oil and gas operations. The commission has enforced a de facto moratorium on drilling for six years while crafting rules for hydraulic fracturing.
The Delaware Riverkeeper Network (DRN), a Pennsylvania-based environmental group, told the U.S. District Court for the Middle District of Pennsylvania yesterday that it has a big stake in the outcome of the legal battle.
"The declaratory judgment sought by [the landowner] in the Complaint, if granted, would open up the Basin to natural gas exploration, with all its attendant pollution, pollutants and use of Basin water resources," the group said in a legal filing, "could undermine in whole or part the Special Protection Waters regulations that has been a fundamental part of DRN's work, and cause a real and substantial threat to DRN and to the recreational, aesthetic and environmental interests of its members."
The group rushed to defend the moratorium as soon as the lawsuit was filed, saying the lawsuit ignores the clear impacts drilling would have on water in the basin, which provides drinking water for 17 million people (EnergyWire, May 19).
"The Complaint is little more than an attempt by WLMG to make an end run around the requirements of the Compact and the protections that have been put in place to safeguard the water resources of the Basin," the group told the court yesterday.
The commission's response to the lawsuit is due Friday.
http://www.eenews.net/energywire/2016/07/06/stories/1060039824
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Pennsylvania PUC Approves Multiple Plans to Replace Aging NatGas Infrastructure Faster
Jul 6, 2016 | Natural Gas Intelligence
By Jamison Cocklin
The Pennsylvania Public Utility Commission has approved the modified long-term infrastructure improvement plans (LTIIP) for Peoples Natural Gas, UGI Gas, UGI Penn Natural Gas and UGI Central Penn Gas that will allow the companies to more quickly replace aging infrastructure.
Peoples acquired Equitable Gas Co. LLC in 2012 from EQT Corp. (see Daily GPI, Dec. 21, 2012). Its modified five-year LTIIP allows it to accelerate the replacement of 37 miles of known cast iron pipelines acquired through that deal. Peoples proposes to replace all the bare steel and cast iron pipelines over a 20-year period.
The PUC also approved modified LTIIPs for the UGI companies. Those also detail accelerated infrastructure improvements that are intended to "enhance system resiliency," the PUC said. They allow the UGI companies to increase the amount of infrastructure spending over current levels by more than 20%.
In recent years, the commission has continued to challenge natural gas distribution companies across the state to accelerate the replacement of aging cast iron and unprotected steel pipelines to improve public safety and system reliability.
In a separate action, the PUC said it has tentatively approved a settlement with retail electric generation supplier IDT Energy Inc. for $6.75 million in consumer refunds and penalties for complaints that it deceptively marketed its variable electric rates during the brutally cold winter of 2013-2014. Known as the Polar Vortex, it was one of the nation's coldest winters in decades and sent demand for natural gas to record highs, causing price spikes.
As part of the settlement, IDT must modify its marketing and business practices. The Pennsylvania Attorney General's (AG) office announced the settlement last year (see Daily GPI, Aug. 10, 2015). The company has already voluntarily paid more than $4 million in customer refunds. IDT, a subsidiary of the publicly traded electricity and natural gas supplier Genie Energy Ltd., has operations in six states, including Pennsylvania.
The AG's office received hundreds of calls and complaints from consumers about dramatic spikes in the cost of their electricity during the Polar Vortex. The AG ultimately filed legal action against IDT, Pennsylvania Gas & Electric, Blue Pilot Energy, Resolve Power and Hiko Energy LLC. Some of those companies have already settled with the state.
http://www.naturalgasintel.com/articles/106973-pennsylvania-puc-approves-multiple-plans-to-replace-aging-natgas-infrastructure-faster
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DOE Seeks to Offer Cyberthreat-Sharing Defenses to Small Utilities
Jul 6, 2016 | E&E Energywire
By Peter Behr
An advanced cyberthreat-sharing shield called CRISP has expanded to several dozen large U.S. utilities covering three-quarters of the American population.
The flip side of the story is the have-nots -- the thousand-plus smaller utilities serving one-quarter of the country that don't have the budgets or technical skills to fully deploy the Cybersecurity Risk Information Sharing Program, run by the North American Electric Reliability Corp. (NERC), the grid's security monitor.
The Energy Department, which launched the forerunner of CRISP a decade ago, is aiming to close some of that coverage gap by creating a cheaper, simpler version of the program, known unofficially as CRISP Light.
"The department is actively working to advance the CRISP technology, to look at ways to make it faster, better, cheaper, to expand opportunities for all utilities to participate," said Henry Kenchington, DOE deputy assistant secretary for advanced grid integration, in an interview with EnergyWire.
NERC and DOE officials would not discuss the cost barriers to CRISP, but some industry officials said it can cost several hundred thousands of dollars to deploy and almost that much a year to maintain, putting it out of reach for the smallest utilities.
"We need a low-cost option, and we believe there can be one," said Duane Highley, an executive at an electric cooperative in Arkansas and co-chairman of the electric power industry's national cybersecurity coordinating committee.
"Until CRISP becomes either affordable or subsidized, the smaller utilities probably are not going to be able to take advantage of it," said Mark Weatherford, chief cybersecurity strategist at vArmour Networks Inc., a data security firm, and former Department of Homeland Security deputy undersecretary for cybersecurity.
The smaller utilities not in the program, primarily municipal power companies and co-ops, aren't generally considered a potential threat to the nation's high-voltage power grid, Weatherford said. But a successful hacking attack that took down any of these systems would be a jarring defeat for U.S. cyberdefense. A cyberattack that also destroyed critical grid equipment could plunge communities into crisis.
The CRISP portal is operated by NERC's Electricity Information Sharing and Analysis Center (E-ISAC), the power industry's top-level cyberthreat-sharing organization, in partnership with the Pacific Northwest National Laboratory and Argonne National Laboratory. It became fully operational last year and runs on a current budget of $8 million. Most of the costs are covered by participating utilities, NERC says.
CRISP's attack-sensing hardware is positioned on utilities' exterior boundaries to intercept threat information and send it over secure channels in encrypted form to PNNL and the Argonne lab. Laboratory experts analyze the data and send back alerts and defensive tools to utilities to thwart attacks, while protecting the identities of utilities that supply the data.
Some of the threat data can be shared by all the utilities registered with E-ISAC, including some co-ops and municipal utilities that are not paying E-ISAC members. But these are not full partners, and they face a risk of falling further behind larger utilities as new, automated "machine-to-machine" threat communications programs are developed that process cyber data faster by reducing needs for hands-on operations.
DOE's Kenchington said, "We're looking at new technologies to make it [CRISP] more effective. That effort on our side is continuing and ongoing. We are talking with all the utilities and the energy sector on how to improve how we share information, not only the technology but the protocols, and what's the best way to do these things, because it's not a trivial matter."
DOE, DHS offer cyber pitches
While DOE and NERC expand their program, the Department of Homeland Security is doing the same, offering a new automated indicator sharing (AIS) program providing threat information such as malicious internet addresses or email addresses that are sending out phishing campaigns to gain access to company email networks.
It remains to be seen whether the DOE and DHS programs will be complementary or competing. They are not closely aligned at this point, some experts say.
Andy Ozment, DHS assistant secretary for cybersecurity and communications, said his department's push now is to increase the use of AIS in critical infrastructure sectors.
"It's real. It's live," Ozment said of the AIS platform. "We need the audience to sign up and start sharing with us today and start receiving all the information we are pumping out every day. It's there," he added in an interview with EnergyWire.
"If you are a small or medium-sized business and have never dealt with threat indicators before, then this is a great way to start because we'll give them to you free. It doesn't make their life impossible," Ozment said of AIS's impact on potential cyberattackers, "but it certainly makes their job harder."
Ozment said the AIS program had reached three dozen companies by late spring this year and has been adding a handful a week. "This is not a program where we're going to go from zero to 100 percent overnight," he said. "I love where we are right now, and I see us steadily increasing."
Another elaboration of the DHS platform is the enhanced cybersecurity sharing (ECS) program that channels classified cyberthreat data to selected information technology firms that process and pass unclassified versions of the data on to companies for a fee. ECS is designed to filter out emails that have specific threat signatures, block access to identified malicious internet sites and perform threat detection (EnergyWire, Oct. 13, 2015).
"A utility can pay one of those managed security service providers essentially to be protected using that classified information. They don't need the complicated clearances and special facilities. They are paying a service provider who scrubs their traffic and blocks attacks using classified information," Ozment said.
A DHS spokesman declined to discuss the cost of ECS or the number of utilities that participate. An industry official who was not authorized to speak on the record said last fall that the percentage of U.S. energy companies in the program is still in the single digits. The official said that the cost varies with the size of the utility and typically runs around $5,000 a month, not a stumbling block for a billion-dollar-a-year utility but quite possibly outside the budgets of the smallest power companies.
http://www.eenews.net/energywire/2016/07/06/stories/1060039828
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Quebec Town Ravaged by Train Fire Wants Rail to Bypass It
Jul 6, 2016 | Washington Post
By Associated Press
A runaway oil train brought death and destruction to this tiny community in Quebec, killing 47 people and destroying dozens of buildings.
Three years later, trains still roll through downtown, just feet from restaurants and shops. Residents who see them as a haunting reminder of the conflagration want trains re-routed around the town, and a feasibility study of the proposed bypass, estimated to cost 115 million Canadian dollars, is underway.
“We don’t want to be victims of human error or an accident,” said Robert Bellefleur, spokesman for Lac Megantic’s citizens’ coalition for rail safety.
Much of downtown Lac Megantic was destroyed when a runaway oil train derailed early on July 6, 2013. An investigation concluded a railroad worker failed to set enough hand brakes, allowing the unmanned train to begin rolling downhill in the dead of night.
The fiery derailment, along with others that followed in the U.S. and Canada, led to tougher government regulations on the transport of oil by rail. Three men, including the train’s conductor, face charges of criminal negligence causing death.
Residents were taking time on the third anniversary Wednesday to remember those who perished. But “the best way to honor the ones who died is to move forward,” said Stephane Lavallee, director of the Lac Megantic Reconstruction Office.
Restoration work continues after demolition of damaged structures and removal of contaminated soil. Infrastructure projects include electricity, communications and sewers. Frontenac Street, at the town’s center, is expected to reopen this fall.
But wounds are reopened each time a train rolls through town.
Montreal, Maine and Atlantic Railway filed for bankruptcy after the tragedy. The new owner of the tracks, the Bangor, Maine-based Central Maine & Quebec Railroad, spent millions of dollars to improve safety before resuming shipments of hazardous materials in the fall of 2014. Trains are limited to 10 mph while traveling through town.
But no crude oil has moved through Lac Megantic since the tragedy. Central Maine & Quebec CEO John Giles has promised to visit Lac Megantic to talk to residents about safety when oil shipments eventually resume.
The bypass proposal calls for about 7 miles of new track so trains can go around Lac Megantic’s downtown, but some in the town of about 6,000 residents fear the study could take years.
Lac Megantic Mayor Jean-Guy Cloutier said the town doesn’t have to wait until the feasibility study is completed to begin negotiations to get the project started.
While the Lac Megantic bypass may one day be built, it wouldn’t make sense to divert rail traffic from all small towns through which oil trains travel because it would be too costly, said David Clarke, director of the Center for Transportation Research at the University of Tennessee.
Railroads are responsible for track upgrades and improvements, so they tend to aim for the projects that’ll have the greatest impact on improving safety, Clarke said.
“You’re going to go for the higher-profile, higher-payoff projects first, if you’re investing your money in a rational way. But politics often come into play,” he said.
Giles said the railroad’s business is growing but that the funding for a bypass would have to come from the province and from the Canadian government. The small railroad doesn’t have millions of dollars to invest on the project, he said.
https://www.washingtonpost.com/world/the_americas/quebec-town-ravaged-by-train-fire-wants-rail-to-bypass-it/2016/07/06/5ba11236-438a-11e6-a76d-3550dba926ac_story.html
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Water Regulators Seek Maximum Flexibility In Model CWA Trading Plans
Jul 6, 2016 | Inside EPA
By David LaRoss
Water regulators crafting novel model Clean Water Act (CWA) trading policies covering areas from regulatory text to sample discharge permits are seeking a flexible framework that would allow states to create dramatically different trading programs while allowing easy comparison of plans, says a consultant working on the models.
The model documents -- which regulators hope to release in the coming months -- could potentially help overcome what observers have said are a host of technical, legal, and other barriers that have prevented states from more broadly adopting novel water trading regimes.
Speaking to Inside EPA after a recent American Legal Institute-Continuing Legal Education seminar on CWA law and policy in Washington, D.C., the Willamette Partnership's Bobby Cochran said the joint effort with the Association of Clean Water Administrators (ACWA) which represents state water regulators, is aiming to craft models that maximize flexibility for policymakers aiming to introduce new water trading efforts.
Cochran argued during the conference that prior attempts at trading regimes have lacked opportunities for states to adapt policies to their individual needs and priorities. "Why we're failing at this is because the Clean Water Act doesn't have the flexibility that we need," Cochran said.
He explained that the groups are hoping to produce documents that standardize the "skeleton" of a trading policy but allow states broad leeway to set substantive requirements within that framework. Such an arrangement would make it easier for states that have been unable to craft a trading policy from scratch to enter the arena. "It shouldn't take three years and $300,000 to do this anymore," he said.
Cochran added that ACWA and Willamette are hoping their models will allow stakeholders to compare states' programs directly, by ensuring that even when regulators craft widely varying substantive mandates, they use a common structure.
"For instance, the model rule could have a section to set the ratio between pollution reductions and the amount of credits generated. There's debate over what that ratio should be -- some people could say a four-to-one ratio is good, other people might say a one-to-one ratio is good. But within the framework, all that is just half a sentence of a change, and anybody can look at that section for each state and easily see where they set it," he told Inside EPA.
Trading Programs
States have long sought to establish effective water quality trading programs, in which facilities subject to CWA discharge permits may exceed their permit limits if they buy "credits" for pollution reductions made elsewhere in the watershed.
But states have struggled to implement those programs, which Cochran argued is partly because each set of trading policies was developed separately.
The models under development will be based on the "options and considerations" guide crafted in 2015 by The National Network for Consistency & Integrity in Water Quality Trading, which includes Willamette and other stakeholders.
That document outlines advantages and disadvantages of existing water quality trading regimes throughout the country, including explorations of states' market mechanisms, methods for protecting water quality, techniques to verify that pledged reductions have actually been achieved, and other aspects of the programs.
Already, Chesapeake Bay states are actively working toward trading systems that would ease implementation of the landmark multi-state CWA cleanup plan for the bay, but regulators there have struggled to translate their regulatory framework into actual trades, or to establish policies to allow interstate trading.
Speaking at the May 20 legal seminar, the Maryland Department of the Environment's James George said that even though the state's trading infrastructure "is mostly in place," it is facing difficulties creating a market for trading credits.
"We're still working on getting the mechanisms in place to actually make that work," he said, noting that the state's agriculture sector has expressed interest in selling credits but "there's no demand for credits" among CWA permit holders.
The Chesapeake states are also wrestling with how to verify that reductions in one state can satisfy trading criteria in another, but Cochran and other sources with the model trading effort have said their program will not immediately address that more complex area of trading policy.
http://insideepa.com/daily-news/water-regulators-seek-maximum-flexibility-model-cwa-trading-plans
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