Preview Newsletter
ACC AM 9/02/16
-
(ACC Blog) Plastic Paw Helps Injured Pup Run Again
Sep 1, 2016 | American Chemistry Matters
By Steve Russell
To demonstrate the many different ways that plastics help make life better, the Plastics Make it Possible® campaign has created a new video showing how plastic prosthetics are helping our four-legged friends overcome injury and live full and active lives. -
(ACC Mentioned) Chemical Trade Secret Claims Subject to Repeated EPA Reviews
Sep 2, 2016 | BNA Daily Environment Report
By Pat Rizzuto
Confidential business information guidance the Environmental Protection Agency has released shows the agency will be reviewing companies’ need for trade secret protection far more often than before the Toxic Substances Control Act was amended, an attorney told Bloomberg BNA Sept. 1. -
EPA Has A New Source Of Funding, Thanks To The GOP
Sep 1, 2016 | Washington Examiner
By John Siciliano
The Environmental Protection Agency was busy during the summer congressional recess ramping up a new multimillion dollar source of funding that the GOP helped approve. -
EPA Moves Swiftly to Carry Out New Chemical Reform Legislation
Sep 1, 2016 | NewsRoom America
U.S. Environmental Protection Agency (EPA) is taking action to ensure that the Frank R. Lautenberg Chemical Safety for the 21st Century Act signed this June 22, 2016, delivers on the promise of better protecting the environment and public health. -
US CPSC Petitioned To Amend Methylene Chloride Labelling Policy
Sep 2, 2016 | Chemical Watch
The US Consumer Product Safety Commission (CPSC) is consulting on a petition calling for it to amend its policy on labelling household products containing methylene chloride. -
‘Bare Metal Defense' Shields Firms in Asbestos Case
Sep 2, 2016 | BNA Daily Environment Report
By Steven M. Sellers
A cancer-stricken worker may not proceed with asbestos exposure claims against the manufacturers of the boilers, generators and turbines that he worked with, the District of Delaware ruled Aug. 29 (Malone v. Air & Liquid Sys. Corp., 2016 BL 280895, D. Del., No. 14-cv-00406, 8/29/16). -
McCarthy Rebukes New York State Over PFOA Drinking Water Accusations
Sep 1, 2016 | Inside EPA
By Suzanne Yohannan
EPA Administrator Gina McCarthy is rebuking New York officials over accusations that EPA gave confusing and conflicting guidance to the state on addressing unsafe levels of the emerging contaminant perfluorooctanoic acid (PFOA) in a community’s water supply, and contesting their push for EPA to reimburse the state for response costs. -
Perfluorinated Chemicals Found in Alligators, Crocodiles
Sep 1, 2016 | Chemical & Engineering News
By Jessica Morrison
Perfluorinated compounds (PFCs)—industrial chemicals that have tainted drinking water supplies in locales across the world—are accumulating in large reptiles. -
EU Chemicals Laws Provide Data to Track Benefits: Study
Sep 2, 2016 | BNA Daily Environment Report
By Stephen Gardner
Data on chemicals generated under the European Union's REACH regulation, and under laws on the classification of substances, make it easier to develop indicators to track the environmental and health benefits of chemicals legislation, according to a study by the European Commission. -
(ACC Mentioned) NH’s Energy Infrastructure Needs A Boost
Sep 2, 2016 | New Hampshire Business Review
By Ken Merrifield
Manufacturers across the country are benefiting from America’s new position as the world’s leading natural gas producer. Companies that once fled overseas are returning to other parts of the United States because of lower manufacturing costs. -
Whitfield's Abrupt Departure Opens Key Chairmanship
Sep 1, 2016 | E&E Greenwire
By Jennifer Yachnin
Kentucky Republican Rep. Ed Whitfield will resign from Congress when the House reconvenes Tuesday, vacating his post at the helm of the House Energy and Commerce Subcommittee on Energy and Power just two months before his term had been set to expire. -
Whitfield Retirement Leaves Vacuum on House Energy Agenda
Sep 2, 2016 | BNA Daily Environment Report
By Dean Scott and Rachel Leven
This week's resignation by House Energy and Power Subcommittee Chairman Ed Whitfield (R-Ky.) leaves a leadership vacuum for a key post overseeing the House energy agenda that won't be formally filled until next year. -
U.S. NatGas Pipelines to Mexico Set Another Export Record in June
Sep 1, 2016 | Natural Gas Intelligence
By David Bradley
For the second consecutive month, the United States in June sent the most natural gas to Mexico through pipelines of any month on record, reaching 105.84 Bcf (3.53 Bcf/d), according to Energy Information Administration (EIA) data. -
First US Gulf Coast Ethane Cargo Departs For Europe
Sep 1, 2016 | Platts
By Andrea Salazar
The first ethane cargo from the US Gulf Coast has departed from Enterprise's Morgan's Point, Texas, terminal, two weeks after loading began. -
Woman Who Killed Keystone XL Focused on New Pipeline
Sep 2, 2016 | BNA Daily Environment Report
By Meenal Vamburkar
One of the most prominent voices in the opposition to Keystone XL is now taking on the battle against the Dakota Access Pipeline, which has faced hurdles in North Dakota and Iowa. -
Largest Power Grid Says It Can Meet Obama's Climate Mandate
Sep 2, 2016 | BNA Daily Environment Report
By Jonathan N. Crawford
The operator of the largest U.S. power market said it can meet the Obama administration's sweeping goals to tackle climate change while limiting the impact on power prices to a less than 3 percent rise. -
National Safety Board to Investigate W. Va. Chlorine Leak
Sep 2, 2016 | BNA Daily Environment Report
The National Transportation Safety Board said Sept. 1 it had sent investigators to probe a chlorine leak at a West Virginia chlorine plant, reversing a previous decision that it wouldn't look into the incident. -
Explosion at Airgas Facility In Florida Kills One Worker
Sep 1, 2016 | Chemical & Engineering News
By Jyllian Kemsley
A preliminary investigation by the Florida State Fire Marshal showed that a nitrous oxide holding tank and two tankers in a loading bay were involved in the Aug. 28 explosion, says Jon Moore, a spokesperson for the fire marshal’s office. -
Obama, Xi Prepare for Talks Ahead of G-20 Summit
Sep 2, 2016 | BNA Daily Environment Report
By Bryce Baschuk
The stage is set for a crucial meeting between U.S. President Barack Obama and Chinese President Xi Jinping the week of Aug. 29 that could produce tangible outcomes on climate change and a discussion about their concerns over cybersecurity and the South China Sea. -
Obama's Dwindling China Wish List Topped by Climate Ratification
Sep 2, 2016 | BNA Daily Environment Report
By Justin Sink
President Barack Obama has one last item he may yet achieve on his wish list for China: sealing the deal with President Xi Jinping for their nations to implement an international accord to combat climate change.
Industry and Association News
LCSA News
Chemical Management News
Energy News
Chemical Security News
Transportation News - There are no clips to report at this time.
Environment News
-
(ACC Blog) Plastic Paw Helps Injured Pup Run Again
Sep 1, 2016 | American Chemistry Matters
By Steve Russell
To demonstrate the many different ways that plastics help make life better, the Plastics Make it Possible® campaign has created a new video showing how plastic prosthetics are helping our four-legged friends overcome injury and live full and active lives. The video follows Hudson, a four-year-old pit bull who lost one of his paws as a puppy.
The video features Derrick Campana, the founder of of Animal Ortho Care, an organization which specializes in prostheses for all types of animals. Using a range of plastics including medical grade polypropylene andpolyethylene, Derrick creates prostheses light enough to let a dog run yet durable enough to support an elephant’s weight. (He’s actually created prostheses for elephants, horses, and even a turtle!) Derrick also uses plastic foam to create a cushioning interior for the prostheses. This turned out to be the perfect solution for Hudson.
Now fitted with a custom prosthesis, Hudson can run and play freely. He even helps others in his community by volunteering as a therapy dog.
See how plastics have helped Hudson in his journey from injured puppy to joyful dog here.
https://blog.americanchemistry.com/2016/09/plastic-paw-helps-injured-pup-run-again/
-
(ACC Mentioned) Chemical Trade Secret Claims Subject to Repeated EPA Reviews
Sep 2, 2016 | BNA Daily Environment Report
By Pat Rizzuto
Confidential business information guidance the Environmental Protection Agency has released shows the agency will be reviewing companies’ need for trade secret protection far more often than before the Toxic Substances Control Act was amended, an attorney told Bloomberg BNA Sept. 1.
An intent of the amended law was to ensure that confidential business information, or CBI, claims aren't granted without firm evidence. Former EPA officials have said in the past that the agency reflexively granted CBI claims without asking for detailed rationales which shielded information from the public arena.
The guidance shows that chemical manufacturers and processors will need to prepare for a lot more EPA reviews of their confidential business information claims, Martha Marrapese, a partner with Keller and Heckman LLP, told Bloomberg BNA.
More frequent reviews mean companies will need to have documentation on hand when they tell the EPA that it must keep confidential certain proprietary information, and they should be prepared to keep records to support those, she said.
Marrapese discussed changes the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Pub. Law 114-182), made to TSCA as of June 22, and how those changes are reflected in guidance the agency posted online Aug. 31. The guidance applies to CBI claims that can be made by manufacturers of new and existing chemicals as well as processors, a term that refers to companies, such as cleaning product or paint manufacturers, which mix chemicals into other products.
Guidance Closely Tracks Language in New Law
EPA's guidance will not surprise companies or trade associations that closely tracked the development of the Lautenberg Act, said Marrapese and Judah Prero, an attorney with Sidley Austin LLPc. The language EPA used in its guidance mirrors the law's requirements closely, they said.
One of the main new requirements discussed in EPA's guidance is the need for companies to certify that the information for which they seek CBI protection meets the criteria provided in the law, Marrapese and Prero said. For example, companies must certify that they have taken measures to protect the confidentiality of the information they ask the agency to protect and have a reasonable basis to conclude disclosure of the information is likely to cause substantial harm to their competitive position.
The EPA already incorporated the certification language into electronic forms companies use to submit many of the documents required under TSCA, Marrapese said. That means companies automatically will be prompted to provide the needed certification.
The guidance provides the certification language so that companies can include a certification statement in documents that still are submitted on paper, she said.
Companies Must Use Structurally Descriptive Names
The guidance highlights another change that affects new chemical manufacturers immediately and may later on affect other manufacturers, Marrapese said.
When a manufacturer claims the identity of its chemical to be confidential, the amended law requires the company to provide a “structurally descriptive generic name,” she said.
While some companies already give their chemicals generic names based on the molecular structure of the substance, others base the name on how the chemical will be used, she said.
The selection of a structurally descriptive name will be new for these latter companies and something they'll need to craft in concert with the agency, Marrapese said.Canada already requires structurally descriptive generic names and it has developed information to help companies comply, she said. The requirement in both Canada and the U.S. may bring more consistency in chemical names used in both countries, she said.
EPA May Review Confidentiality Claims During TSCA Inventory Update
The requirement to use a structurally descriptive name when identifying a chemical generically will apply to all chemical manufacturers when the agency updates the TSCA inventory, as it is required to do under Lautenberg, Marrapese said.
By June 2017, the EPA is required to issue a final rule describing the process chemical manufacturers will use to have their chemicals listed on one of two TSCA inventories: the active inventory or the inactive inventory. Chemicals on the active inventory are in commerce or have been within the last 10 years.
EPA's guidance describes various times the agency may review and re-review a companies need for CBI protection.These include when someone has submitted a Freedom of Information Act request seeking documents that contain CBI information, when the agency designates a chemical to be a high priority for risk evaluation, when the agency updates the TSCA inventory and when the agency determines disclosure would be important to implement chemical restrictions or bans authorized under Section 6 of TSCA.
What Constitutes Evidence and How Much Is Enough?
Prero, who formerly worked for the American Chemistry Council, an industry trade group, said the guidance, which includes questions and EPA's answers, is helpful.
Yet the guidance doesn't answer critical questions that Prero said he hears clients asking: What types of evidence does the EPA want a company to provide to substantiate its need for CBI protection and how much evidence is sufficient?
http://news.bna.com/deln/DELNWB/split_display.adp?fedfid=96627041&vname=dennotallissues&fn=96627041&jd=96627041
-
EPA Has A New Source Of Funding, Thanks To The GOP
Sep 1, 2016 | Washington Examiner
By John Siciliano
The Environmental Protection Agency was busy during the summer congressional recess ramping up a new multimillion dollar source of funding that the GOP helped approve.
The agency on Thursday listed a set of "milestones" in implementing the landmark chemical safety law that was signed by President Obama in late June. Included in the list is a series of meetings it held throughout August to establish a new system of fees for evaluating the risks posed by chemicals before allowing them in the marketplace.
The new bipartisan law, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, named after the late Democratic senator from New Jersey, allows the EPA to pay for its chemical safety work by collecting up to $25 million in new fees from the chemical industry.
The law updates the chemical safety law that Congress established in the 1970s but had not redone for two decades. And despite all the GOP's usual griping over EPA rules and overreach, the bipartisan-backed law provides the agency with new authority and a new source of funding.
As the EPA noted in its Thursday update, it already has taken several steps to evaluate and ban existing chemical compounds that it did not have the authority to do in the past.
It has issued a detailed plan that outlines its activities for the first year. It has completed seven premanufacture notices, marking the first step it must take to evaluate a new chemical before it can enter the marketplace. That's where the fees come in.
EPA held a series of public meetings last month to get feedback "on the processes that will be used to establish fees and prioritize and evaluate chemicals under the new law," it said Thursday. The agency's website said it can exact up to $25 million in fees from the industry for conducting the activities to make the risk and safety findings necessary for approving or banning a new chemical.
For the most part, lawmakers support the new authority. After all, it is aimed at protecting the public from hazardous substances. However, some components of what EPA is doing may draw new scrutiny from the GOP.
One of the key steps in implementing the law is establishing the Science Advisory Committee on Chemicals, the agency said. The new advisory panel will provide "independent advice and expert consultation on scientific and technical aspects on risk evaluations, methodologies, and pollution prevention measures or approaches."
The new SACC will derive its initial membership from an existing federal advisory group, which it will supersede once established. The EPA also intends to add five members.
The EPA's science advisers have attracted the scrutiny of congressional Republicans in the past. They say the EPA's lead Science Advisory Board, or SAB, has been unevenly stacked to favor stricter regulations. The advisory board made the headlines recently for telling the EPA to go back to the drawing board on a fracking study, after the agency said it found no widespread threat to the nation's water supply from the drilling process.
http://www.washingtonexaminer.com/epa-has-a-new-source-of-funding-thanks-to-the-gop/article/2600803?custom_click=rss
-
EPA Moves Swiftly to Carry Out New Chemical Reform Legislation
Sep 1, 2016 | NewsRoom America
EPA Moves Swiftly to Carry Out New Chemical Reform Legislation Agency tackles new legislative mandates set forth in first major update to environmental statute in 20 years
WASHINGTON— U.S. Environmental Protection Agency (EPA) is taking action to ensure that the Frank R. Lautenberg Chemical Safety for the 21st Century Act signed this June 22, 2016, delivers on the promise of better protecting the environment and public health. This bipartisan bill to reform the Toxic Substances Control Act (TSCA) outlines a number of responsibilities for EPA that must be completed within a tight timeframe.
The milestones accomplished by the agency include:
•A plan released on June 29, 2016, that outlines activities for the first year of implementing the new law;
•The first determinations completed on seven premanufacture notices under TSCA in July, 2016. The new law requires the agency to make affirmative determinations on new chemical substances before they can enter the marketplace. Additional determinations will be released as they are completed;
•A series of public meetings held from August 9-12, 2016, to obtain comments and feedback from stakeholders on the processes that will be used to establish fees and prioritize and evaluate chemicals under the new law;
•A list of five mercury compounds released on August 26, 2016, that will be prohibited from export as of January 1, 2020. This action will prevent the ability to convert these compounds to elemental mercury after export from the United States.
Additionally, the agency is establishing the Science Advisory Committee on Chemicals (SACC) to provide independent advice and expert consultation on scientific and technical aspects on risk evaluations, methodologies, and pollution prevention measures or approaches. The call for nominations to serve on this committee was issued on August 26, 2016.
The new amendments to TSCA will help to bring significant improvements to public health as EPA continues to take the steps necessary for its successful implementation.
More about the Frank R. Lautenberg Chemical Safety for the 21st Century Act and EPA’s implementation activities and to sign up for updates, visit:https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/frank-r-lautenberg-chemical-safety-21st-century-act
http://www.newsroomamerica.com/story/593654.html
-
US CPSC Petitioned To Amend Methylene Chloride Labelling Policy
Sep 2, 2016 | Chemical Watch
The US Consumer Product Safety Commission (CPSC) is consulting on a petition calling for it to amend its policy on labelling household products containing methylene chloride.
The Halogenated Solvents Industry Alliance submitted the petition. It calls on the CPSC to expand its policy statement to address acute hazards from inhalation of methylene chloride vapours.
The petition cites Osha and Niosh data that identifies at least 14 deaths associated with methylene chloride-containing paint strippers used in professional bathtub refinishing operations.
It says revising the policy statement to give labelling guidance on the acute hazard posed by vapour inhalation would help prevent future fatalities. This is particularly so when using methylene chloride in an enclosed space
The EPA plans to propose a rulemaking under Section 6 of TSCA by December. This will address the risks methylene chloride and n-methyl-2-pyrrolidone (NMP) pose in paint removal.
California's Department of Toxic Substances Control (DTSC) has also named paint and varnish removers containing methylene chloride a potential priority product under its Safer Consumer Products programme.
Its policy statement sets out general principles and examples for labelling warn consumers of potential cancer hazards, but does not address acute hazards. It governs the household uses of methylene chloride paint strippers.
Comments on the petition can be submitted until 31 October.
https://chemicalwatch.com/49388/us-cpsc-petitioned-to-amend-methylene-chloride-labelling-policy
-
‘Bare Metal Defense' Shields Firms in Asbestos Case
Sep 2, 2016 | BNA Daily Environment Report
By Steven M. Sellers
A cancer-stricken worker may not proceed with asbestos exposure claims against the manufacturers of the boilers, generators and turbines that he worked with, the District of Delaware ruled Aug. 29 (Malone v. Air & Liquid Sys. Corp., 2016 BL 280895, D. Del., No. 14-cv-00406, 8/29/16).
Charles Malone, who worked as an insulator at a Mississippi shipyard from 1964 to 1982, failed to establish that his mesothelioma was caused by exposure to asbestos-containing machinery manufactured by Cummins Inc., CBS Corp. and Foster Wheeler Energy Corp., the court said.
Nor did Malone establish the “frequency, regularity and proximity” of asbestos exposures required to state a claim under Mississippi law, the court said.
Any asbestos exposures stemmed from components manufactured by third parties, the U.S. District Court for the District of Delaware said, applying Mississippi law.
It declined to hold the companies liable for the third-party components, finding it “reasonably likely that the Supreme Court of Mississippi would follow the majority of jurisdictions that have refused to find defendants liable for other manufacturers’ asbestos products.”
The interpretation of Mississippi law was consistent with Dalton v. 3M Co. (2013 BL 243160 (D. Del. 9/12/13)), the court said.
Jurisdictions that reject the “bare-metal defense” extend a manufacturer's liability to include asbestos-containing components used with their products, even if they are supplied by another entity.
U.S. Magistrate Judge Sherry Fallon wrote the opinion.
The law offices of Wilbraham, Lawler & Buba represented Cummins, Inc.
Swartz Campbell represented CBS Corp. and Foster Wheeler Energy Corp.
http://news.bna.com/deln/DELNWB/split_display.adp?fedfid=96627027&vname=dennotallissues&fn=96627027&jd=96627027
-
McCarthy Rebukes New York State Over PFOA Drinking Water Accusations
Sep 1, 2016 | Inside EPA
By Suzanne Yohannan
EPA Administrator Gina McCarthy is rebuking New York officials over accusations that EPA gave confusing and conflicting guidance to the state on addressing unsafe levels of the emerging contaminant perfluorooctanoic acid (PFOA) in a community’s water supply, and contesting their push for EPA to reimburse the state for response costs.
McCarthy in a Sept. 1 letter to top environmental and health officials in the state argues that New York appears to be confused about its primacy responsibilities under the federal Safe Drinking Water Act (SDWA) for addressing contamination, and in particular over EPA’s PFOA guidance.
She questions this confusion, noting that EPA, with regard to the New York town in question, clearly recommended against continued public consumption of drinking water when it was found to exceed the agency’s short-term exposure health advisory level.
The dispute centers on regulators' response to unsafe levels of PFOA found in public and private drinking water wells in Hoosick Falls, NY. The high-profile attention to the case late last year and early this year added pressure on EPA to release a long-awaited final health advisory level for PFOA, which it did in May, setting a lifetime, or chronic, exposure level of 70 parts per trillion (ppt) in drinking water.
The level is much lower than the short-term exposure level set by the agency in 2009 of 400 ppt. And, as EPA was nearing completion of its chronic health advisory level, EPA Region 2 in January advised residents in Hoosick Falls to refrain from consuming private well water with PFOA levels higher than 100 ppt.
The administrator’s Sept. 1 letter responds to an Aug. 30 letter from New York State Department of Environmental Conservation Commissioner Basil Seggos and the state’s Department of Health (DOH) Commissioner Howard Zucker, where the state officials accuse EPA of “mishandling” the situation in Hoosick Falls by shifting positions on the health advisory level and giving unclear direction to the state.
The officials say the agency should therefore reimburse the state $25 million for response costs at the site, should it be unable to collect from the potentially responsible parties (PRPs), and for future costs, which are estimated to amount to $50 million.
The state’s letter attempts to shift the bulk of blame from New York agencies to EPA for any failures in response at the site. The state agencies say they “responded immediately and aggressively to address any health concerns,” that they “immediately acted to reduce the PFOA contamination in the drinking water,” and that EPA only advised residents not to drink the water in late 2015 after the state and village had secured commitments from a PRP to pay for filter systems to lower PFOA levels.
Contamination Levels
But the New York officials’ statements contrast sharply with news accounts that cite internal documents and a House query indicating that the state gave misleading information to the public about contamination levels -- even as EPA Region 2 told the town’s mayor to employ alternative drinking water and then warned residents that the water was unsafe for drinking or cooking.
Documents obtained by Politico revealed the state “actively disputed the concerns of the EPA officials,” according to a June 2 article.
While EPA is also being criticized by a House GOP committee for allegedly not taking any action until nearly a year after it knew about the contamination there, the allegations against the state have been more severe, with the committee questioning the state’s continued assurances to residents late last year that “the water was safe to drink even though the federal government had already warned residents to the contrary.”
The state officials charge in their letter that EPA’s changes to its health advisories for PFOA created confusion, and says the 100 ppt advised by EPA Region 2 to Hoosick Falls last January conflicted with earlier guidance of 400 ppt from EPA headquarters. Further, they say the May lifetime health advisory level of 70 ppt offers states no additional guidance on steps they should take should the level be exceeded, except to say that “steps be taken to assess the contamination, inform consumers, and reduce exposure in the water supply.”
They argue that “EPA must provide clearer guidance about when a water system should be taken offline -- or when bottled water should be provided -- in the case of an exceedance of a maximum contaminant level or a non-binding health advisory level.”
But McCarthy in her response says the state’s letter raises concern that the New York agencies do not fully understand their implementation responsibilities under the SDWA, with EPA Region 2 ready to work with the state to better understand those.
State's Confusion
McCarthy questions the state’s confusion over the agency’s PFOA guidance, reminding the state officials that Region 2 and the state held extensive conversations on the matter as it applied to Hoosick Falls.
Further, she notes EPA’s 2009 health advisory guidance of 400 ppt for short-term -- weeks to months -- exposures. “As you also know, the levels of PFOA discovered in the Hoosick Falls drinking water supply were well in excess of that number, ranging up to 600 ppt and higher,” she says.
She says when EPA Region 2 learned of these exceedances, it “very clearly advised state and local officials of the health risks and recommended against continued consumption of this water until the contamination was addressed.” EPA clearly communicated those recommendations to the state’s DOH, she says. “If there was any confusion, it is difficult to understand why the state failed to seek clarification at the time. And it is extremely unfortunate that the state chose not to advise EPA of its apparent decision to not follow EPA’s advice,” she adds.
McCarthy says it is even harder to understand the allegation that the state was confused by EPA’s changing the level in its drinking water health advisories. She notes that the Hoosick Falls drinking water supply exceeded the 2009 health advisory level of 400 ppt for short-term exposures. That situation, she says, was not affected by EPA’s decision in May to issue a PFOA health advisory for lifetime exposures of PFOA of 70 ppt.
“The health advisories do not conflict with one another, they complement one another,” she says, adding, “Together they provide a more comprehensive understanding of the risks based on updated science.”
McCarthy expresses surprise at the state’s request for response cost reimbursement, noting that federal and state Superfund laws are grounded in the “polluter pays” principle, which means such costs fall to the companies that caused the contamination. “There is no legal basis for shifting those costs to EPA and it seems ill advised to ask federal taxpayers to bear these costs when, as we understand it, the state is already pursuing appropriate enforcement action against” the PRPs and has already reached some agreements with them to address the contamination.
She urges the state officials “to move beyond accusatory letters and, rather, work cooperatively with EPA Region 2 and the residents of Hoosick Falls on the important work of cleaning up the contamination in the Village and protecting the public drinking water supply.”
http://insideepa.com/daily-news/mccarthy-rebukes-new-york-state-over-pfoa-drinking-water-accusations
-
Perfluorinated Chemicals Found in Alligators, Crocodiles
Sep 1, 2016 | Chemical & Engineering News
By Jessica Morrison
Perfluorinated compounds (PFCs)—industrial chemicals that have tainted drinking water supplies in locales across the world—are accumulating in large reptiles. In two studies, researchers at Hollings Marine Laboratory in Charleston, S.C., and affiliated institutions found PFCs in the blood plasma of American alligators in the southeastern U.S. and African crocodiles in South Africa’s Kruger National Park (Chemosphere 2016, DOI:10.1016/j.chemosphere.2016.03.072;Environ. Toxicol. Chem. 2016, DOI:10.1002/etc.3600). The reptiles, which can live for decades close to one body of water, have been used to identify mercury contamination. Future work with them could identify hotspots where drinking water warrants testing for PFCs, the authors say.
https://cen.acs.org/articles/94/i35/Perfluorinated-chemicals-found-alligators-crocodiles.html
-
EU Chemicals Laws Provide Data to Track Benefits: Study
Sep 2, 2016 | BNA Daily Environment Report
By Stephen Gardner
Data on chemicals generated under the European Union's REACH regulation, and under laws on the classification of substances, make it easier to develop indicators to track the environmental and health benefits of chemicals legislation, according to a study by the European Commission.
The study proposed 11 indicators to provide an overview of the effectiveness of EU chemicals legislation, of concentrations of chemicals in organisms and the environment and of the incidence of disease and environmental impacts related to exposure to chemicals.
Indicators on the effectiveness of chemicals legislation would include the number of substances with some form of restriction placed on them and changes in chemical hazard classifications, and would rely heavily on data assembled under REACH and under the EU Classification, Labeling and Packaging of Substances and Mixtures Regulation (CLP Regulation, (EC) No 1272/2008). REACH stands for the registration, evaluation and authorization of chemicals (Regulation No. 1907/2006).
Identifying Benefits
REACH and CLP would assist with identifying health and environmental benefits from chemicals regulation, for example, by enabling the tracking of changes in the classifications that chemicals companies apply to their products in response to decisions taken under REACH to restrict uses of certain substances.
The indicator would highlight how REACH is “improving the knowledge [of] the hazard profiles of the chemical substances on the market,” the study said.
The report showed the benefits of REACH and related laws, which the commission should “preserve and improve,” Dolores Romano, senior policy officer for the European Environmental Bureau, said in a statement Sept. 1.
The commission study, which was published Aug. 18, is part of a so-called REFIT, or regulatory fitness, check on REACH and other EU chemicals laws. The intention of the REFIT check, which will conclude in 2017, is to ensure that legislation is meeting its objectives at the minimum cost.
Erwin Annys, REACH director for the European Chemicals Industry Council, said in a statement Aug. 31 that the study showed “the important role legislation plays in making progress” on the phasing out of substitutable hazardous substances.
“REACH supports companies by offering a holistic, Europe-wide framework to establish the safety of chemical substances in specific applications,” Annys said.
http://news.bna.com/deln/DELNWB/split_display.adp?fedfid=96627013&vname=dennotallissues&fn=96627013&jd=96627013
-
(ACC Mentioned) NH’s Energy Infrastructure Needs A Boost
Sep 2, 2016 | New Hampshire Business Review
By Ken Merrifield
Lack of low-cost energy is hurting manufacturers
Manufacturers across the country are benefiting from America’s new position as the world’s leading natural gas producer. Companies that once fled overseas are returning to other parts of the United States because of lower manufacturing costs. Businesses that were once thinking of leaving are now growing and adding jobs. We need to make this happen in New Hampshire by adding the energy infrastructure required to take advantage of this newly abundant natural resource.
Manufacturing companies generate good, high-paying jobs. They also support regional suppliers that attract even more workers who buy homes in our communities. They spend money on local goods and services. Ultimately, they pay taxes that help us provide and improve municipal and state government services for our residents.
Leaders in southeast Ohio recognize this value, recently launching a campaign called “Shale Crescent USA” to attract manufacturers to the region with the area’s easy access to natural gas. The American Chemistry Council estimates that natural gas will generate 264 projects and create $164 billion in capital investment and 426,000 jobs.
New Hampshire, meanwhile, may risk losing more manufacturers because energy costs here are still skyhigh due to the lack of energy infrastructure required to efficiently transport natural gas to our area.
In 2015, New Englanders paid up to 53 percent more for electricity than the national average, and we can expect to see another $5.4 billion in higher energy costs through 2020 – in large part due to inadequate energy infrastructure. These higher costs will force existing manufacturers to decide between reducing operations or relocating and almost certainly keep new manufacturers from coming here.
The economic losses from departing manufacturing operations could be devastating to New Hampshire factory workers and their families. We have seen examples already. And these economic losses would spread throughout the factory supply chain, as well as the community of restaurants, retailers and other businesses that no longer are able to sell to those workers. Government services would also then be impacted with diminished tax revenue.
These losses could weaken our communities for generations.
I want New Hampshire – and my community of Franklin – to have access to great schools, businesses and public services for decades to come.
We can do this by enacting intelligent policies that safely bring clean and economical natural gas and energy infrastructure to our state.
Natural gas for power generation has helped our nation reduce carbon emissions to near 20-year lows. It also helps our growing renewable portfolio by ensuring that the power is always “on” when the wind doesn’t blow or the sun doesn’t shine.
Low energy costs would keep more families in New Hampshire as well, which would provide manufacturers a source of stable, reliable employees. Families that had access to low-cost natural gas saved $1,337 in 2015, giving them more disposable income to buy goods and services.
We have to seize this opportunity to build the energy infrastructure that lowers our energy costs and keeps our manufacturers and workers here. I fear if we wait too long, or drive away companies that want to build the necessary energy infrastructure, then we will only be hurting ourselves and the future of our state.
Ken Merrifield is mayor of the city of Franklin.
http://www.nhbr.com/September-2-2016/NHs-energy-infrastructure-needs-a-boost/
-
Whitfield's Abrupt Departure Opens Key Chairmanship
Sep 1, 2016 | E&E Greenwire
By Jennifer Yachnin
Kentucky Republican Rep. Ed Whitfield will resign from Congress when the House reconvenes Tuesday, vacating his post at the helm of the House Energy and Commerce Subcommittee on Energy and Power just two months before his term had been set to expire.
Whitfield, who announced his retirement a year ago in the midst of a House Ethics Committee investigation, informed Kentucky Gov. Matt Bevin (R) in a letter Monday that he would end his tenure early, opting to vacate his office on Sept. 6 when Congress returns from its August recess.
"It has been my honor and privilege to have represented the constituents of the First District of Kentucky in the United States Congress for the last almost 22 years," Whitfield wrote in the letter. "As you know, I did not seek re-election to Congress this year and have now decided to submit my resignation."
Whitfield did not otherwise indicate the reason for his early departure, sparking rumors and speculation in Washington, D.C., and Kentucky.
The 73-year-old Republican, who has been a leading critic of U.S. EPA and its bid to regulate carbon emissions, last year pointed to a diminished "enthusiasm" for battling "the major problems the country still faces" as a reason for retiring (E&E Daily, Sept. 30, 2015).
At the same time, he said the Ethics Committee investigation into whether he failed to properly limit contact between his wife, Constance Harriman, a lobbyist for the Humane Society of the United States, and his staff did not factor into his decision.
The committee ruled in July that Whitfield had violated House rules but did so unintentionally. The panel vote to "reprove" Whitfield over the incidents, a public statement of rebuke that amounts to little more than a slap on the wrist (E&ENews PM, July 14).Special election triggered
Whitfield's exit will trigger a special election to fill the remaining two months of his term. Bevin said he will set the election for Nov. 8 to coincide with the general election.
Former state Agriculture Commissioner James Comer, who won the GOP nomination in the 1st District primary in May and is favored to succeed Whitfield in the solidly red seat, said he will compete in the special election.
"I sincerely appreciate Congressman Whitfield's 22 years of service to the people of the 1st District. As his constituents, [my wife] T.J. and I have always admired his conservative values and steadfast support for the coal industry," Comer said in a statement.
Democrat Sam Gaskins told Murray State University public radio station WKMS-FM that he would likewise compete in the special election.
"I know that serving people is a very big responsibility, and [Whitfield's] done it for 22 years, and I have to commend him for that," Gaskins told the radio station. "It's a hard job, and it's a thankless job at times."
A House Energy and Commerce Committee spokesman did not immediately return a request for comment today about the Energy and Power Subcommittee's future leadership.
Texas Rep. Pete Olson (R), who serves as vice chairman, told Greenwire at the time of Whitfield's retirement announcement last year that he was "interested for sure" in the chairmanship. He called the post "a great job."
But at the time, he noted "that's down the road in a whole other Congress."
However, Olson will chair a subcommittee hearing the day after Whitfield’s retirement becomes official, the panel announced today.
http://www.eenews.net/greenwire/2016/09/01/stories/1060042274
-
Whitfield Retirement Leaves Vacuum on House Energy Agenda
Sep 2, 2016 | BNA Daily Environment Report
By Dean Scott and Rachel Leven
This week's resignation by House Energy and Power Subcommittee Chairman Ed Whitfield (R-Ky.) leaves a leadership vacuum for a key post overseeing the House energy agenda that won't be formally filled until next year.
If Republicans hold the House this fall, as most political experts predict, Whitfield's successor would be named by the next chairman of the full Energy and Commerce Committee and not the current one, Rep. Fred Upton (R-Mich.).
Upton is term-limited; the contest is likely to come down to a choice between Rep. Greg Walden (R-Ore.) and Rep. John Shimkus, both current Energy and Commerce subcommittee chairmen.
Whitfield announced this week his plans to resign from the House effective Sept. 6; Kentucky Governor Matt Bevin (R) announced Aug. 31 that a special election to fill the vacant first district Kentucky seat will be set for Nov. 8 to coincide with the presidential election.
Amanda Stamper, a spokesman for Bevin's office, confirmed that the first district seat would remain vacant until the general election. The winner, she said, would be sworn in that same month; thus the victor would have seniority over other incoming freshmen who wouldn't take office until 2017.
In the interim, Whitfield's vice chairman at the energy and power subcommittee, Rep. Pete Olson (R-Texas), will take over—he is slated to preside over a Sept. 7 subcommittee hearing examining the Federal Power Act and recent actions by the Federal Energy Regulatory Commission. Olson “will handle the duties of the subcommittee” for the months ahead, according to Sean Bonyun, the House Energy and Commerce Committee majority spokesman.
Kentuckians voting Nov. 8 to fill Whitfield's first district seat will be choosing between Democrat Sam Gaskins and Republican James Comer.
Clash at Full Committee Ahead
Whitfield first announced his plans for retirement in September 2015, just four days after then-House Speaker John Boehner (R-Ohio) announced his own departure. Whitfield by then had been dogged by investigations by the House Ethics Committee involving his wife's lobbying activities on behalf of the nonprofit The Humane Society.
In July, the House Ethics Committee rebuked the lawmaker for violating House rules but said his action was unintentional and no further step was warranted, Bloomberg reported. Whitfield formally resigned in an Aug. 29 letter to Bevin, the Kentucky governor.
In the battle to succeed Upton at the helm of the Energy and Commerce Committee, Shimkus has a slight edge over Walden in seniority and crossed a major hurdle in March when he defeated a tea party challenger in the Republican primary in Illinois’ 15th District. Jordan Haverly, a spokesman for Shimkus, told Bloomberg BNA in an e-mail that the congressman is interested in the chairmanship but said it would be “premature to discuss subcommittee chairs.”
Walden's position as leader of the National Republican Congressional Committee could vault him ahead of Shimkus in the race for the post. He has expressed interest in the position but was coy in a statement issued Sept. 1.
“Of course, serving as chairman of the Energy and Commerce Committee would be an important responsibility, but any discussion of that is still very premature,” Andrew Malcolm, Walden's spokesman, told Bloomberg BNA Sept. 1.
Missing Energy Conferee
Walden “is focused on preserving and growing our Republican majority as NRCC chair” as well as his work as subcommittee chairman and representing Oregon's second district, the spokesman said.
Whitfield's departure ends more than 20 years of service in the House. He spent much of his time since being named to chair the subcommittee in 2011 lambasting the Obama administration for unleashing what Republicans argue is a tsunami of environmental and climate change regulations.
Upton released a statement Sept. 1 lamenting the loss of his subcommittee chairman. Whitfield has been “a trusted, respected, and valued voice at Energy and Commerce, a thoughtful legislator through and through, and a fierce advocate for what's best for Kentucky and the nation,” Upton said.
Another vacancy that must be filled is Whitfield's position as a conferee to reconcile differences in a broad energy bill between versions passed earlier this year by the House (H.R. 8) and Senate (S. 2012). But the high-level negotiations will likely to be handled by Upton, the energy committee chairman, and Sen. Lisa Murkowski (R-Alaska), who chairs the Senate Energy and Natural Resources Committee, as well as the top minority ranking Democrats on the two committees.
A spokeswoman for House Speaker Paul Ryan (R-Wisc.) didn't respond to Bloomberg BNA's message asking who would replace Shimkus in conference.http://news.bna.com/deln/DELNWB/split_display.adp?fedfid=96627039&vname=dennotallissues&fn=96627039&jd=96627039
-
U.S. NatGas Pipelines to Mexico Set Another Export Record in June
Sep 1, 2016 | Natural Gas Intelligence
By David Bradley
For the second consecutive month, the United States in June sent the most natural gas to Mexico through pipelines of any month on record, reaching 105.84 Bcf (3.53 Bcf/d), according to Energy Information Administration (EIA) data.
The previous record high was set just a month earlier at 104.70 Bcf (3.38 Bcf/d) (see Daily GPI, Aug. 2). June 2016 pipeline exports to Mexico were significantly higher than June 2015 (90.72 Bcf, or 3.02 Bcf/d), according to EIA's latest Natural Gas Monthly report.
Total U.S. natural gas exports in June were 173.00 Bcf, a 25% increase from 138.18 in June 2015, according to the report. Pipeline exports to Canada reached 50.71 Bcf (1.69 Bcf/d) in June, compared with 44.66 Bcf (1.49 Bcf/d) at the same time last year, and total liquefied natural gas (LNG) exports were 16.45 Bcf in June, compared with 2.77 Bcf in June 2015.
EIA reported 8.16 Bcf of LNG delivered by ship to Argentina, 4.64 Bcf to Chile, 3.62 Bcf to India and 2 MMcf to Barbados, with another 22 MMcf trucked to Mexico in June.
At the same time, U.S. natural gas imports also increased. Total imports in June were 241.16 Bcf, compared with 206.27 Bcf in June 2015. Most of that increase came through pipeline imports from Canada, which hit 233.42 Bcf, compared with 203.58 Bcf in June 2015. LNG imports also increased, to 7.64 Bcf in June compared with 2.60 Bcf a year earlier. Net imports in June were 68 Bcf, EIA said.
Also for the second consecutive month, U.S. natural gas production and dry gas production in June declined slightly compared with the same month last year, while gas consumption edged higher, according to EIA (see Daily GPI, Aug. 1).
Total U.S. natural gas production in June was 2.63 Tcf (88 Bcf/d), down from 2.67 Tcf (89 Bcf/d) in June 2015, and dry gas production reached 2.17 Tcf (72 Bcf/d), compared with 2.22 (74 Bcf/d) in June 2015.
But total production (16.40 Tcf) and dry gas production (13.41 Tcf) through the first six months of 2016 still outpaced the first six months of 2015 (16.26 Tcf, 13.34 Tcf) and 2014 (15.34 Tcf, 12.42 Tcf), EIA said. Several production records were set last year, and the 2015 total ballooned to 27.09 Tcf, a 5.3% increase compared with 25.73 Tcf in 2014 (see Daily GPI, March 1).
Total production increased compared to June 2015 in only four states: Alaska (233.79 Bcf, compared with 223.02 Bcf in June 2015), Colorado (136.54 Bcf, compared with 136.44 Bcf), Ohio (115.20 Bcf, compared with 84.69 Bcf) and Pennsylvania (434.35 Bcf, compared with 372.18 Bcf).
The lengthy list of states reporting production decreases in June compared with the same month last year included Arkansas (67.29 Bcf, compared with 84.41), California (17.27 Bcf, compared with 17.88 Bcf), Kansas (20.55 Bcf, compared with 24.46 Bcf), Louisiana (151.25 Bcf, compared with 154.21 Bcf), Montana (4.28 Bcf, compared with 4.78 Bcf), New Mexico (106.44 Bcf, compared with 107.36 Bcf), North Dakota (48.56 Bcf, compared with 49.17 Bcf), Oklahoma (201.67 Bcf, compared with 211.08 Bcf), Texas (671.98 Bcf, compared with 731.10 Bcf), Utah (29.95 Bcf, compared with 36.71 Bcf), West Virginia (103.18 Bcf, compared with 113.60 Bcf) and Wyoming (145.31 Bcf, compared with 158.80 Bcf).
The Federal Gulf of Mexico (100.40 Bcf, compared with 111.47 Bcf) and EIA's Other States category (45.99 Bcf, compared with 49.84 Bcf) also reported declines.
Consumption of dry natural gas in June was 2.03 Tcf (67.7 Bcf/d), a 5.7% increase compared with 1.92 Tcf in June 2015. The 14.32 Tcf total for the first six months of 2016, however, remains below the total for the first six months of 2015 (14.51 Tcf) and 2014.
http://www.naturalgasintel.com/articles/107614-us-natgas-pipelines-to-mexico-set-another-export-record-in-june
-
First US Gulf Coast Ethane Cargo Departs For Europe
Sep 1, 2016 | Platts
By Andrea Salazar
The first ethane cargo from the US Gulf Coast has departed from Enterprise's Morgan's Point, Texas, terminal, two weeks after loading began.
The JS Ineos Intrepid -- which carried the first US waterborne ethane cargo from Sunoco's Marcus Hook, Pennsylvania, in March -- Wednesday left for Rafnes, Norway, and expected to arrive on September 14, according to cFlow, Platts tradeflow software.
US Coast Guard officials had confirmed the ethane transfer began late on August 18.
The 260,000-barrel Intrepid is one of five ethane carriers in service globally and is one of Ineos' four ethane carriers.Enterprise's 200,000 b/d Morgan's Point terminal began initial flaring in July -- more than two years after the company announced plans to construct the fully refrigerated ethane export facility. The terminal is supported by long-term contracts including those with Ineos, Braskem, Reliance Industries and Sabic.
Ineos and Enterprise did not immediately respond to requests for comment.
Non-LST ethane, reflecting prices for September barrels at the Enterprise terminal in Mont Belvieu, was trading at 17.75 cents/gal, down 62.5 points from Wednesday assessment.
Ethane prices rose as high as 24.875 cents/gal in June, incentivizing recovery from the natural gas stream. The increased supply then pressured prices lower through August.http://www.platts.com/latest-news/petrochemicals/houston/first-us-gulf-coast-ethane-cargo-departs-for-21413178
-
Woman Who Killed Keystone XL Focused on New Pipeline
Sep 2, 2016 | BNA Daily Environment Report
By Meenal Vamburkar
One of the most prominent voices in the opposition to Keystone XL is now taking on the battle against the Dakota Access Pipeline, which has faced hurdles in North Dakota and Iowa.
After organizing grassroots efforts against TransCanada Corp.’s Keystone XL through the Bold Nebraska group, activist Jane Fleming Kleeb has turned her attention to the construction of the Energy Transfer Partners LP project. Bold Nebraska has since evolved into Bold Alliance, a group of which Kleeb is president and that focuses on corporations “threatening land and water,” she said in a telephone interview.
The group is playing similar roles now as it did with Keystone--including organizing events in support of the protests and reaching out to politicians. Work on the $3.78 billion project is currently stalled at one point in North Dakota after the Standing Rock Sioux Tribe sought an injunction, arguing that the project will damage sites of historic and cultural significance to the tribe. The judge is expected to rule by Sept. 9.
The pipeline also hit a temporary snag in Iowa, where landowners argued the project didn't meet the criteria for eminent domain and unsuccessfully requested the Iowa Utilities Board issue a stay.
“It's easy to forget that tribal nations and farmers and ranchers have very long histories together,” Kleeb said. While opposition to Dakota Access has similar themes and tactics to Keystone, the movement hasn't reached the same intensity, she said.
Gulf Access
The 1,172-mile pipeline would run from North Dakota to Patoka, Illinois, where it would join another Energy Transfer line running to Nederland, Texas. The line, with 470,000 barrel-a-day capacity, is projected to be in service in the fourth quarter. It gives North Dakota drillers, who have relied in part on pricier rail shipments, access to U.S. Gulf Coast and Midwest markets.
The protests thus far are unlikely to have meaningful impact on the timeline of construction, said Ethan Bellamy, an analyst at Robert W. Baird & Co. in Denver. The worst-case scenario “would be getting a pipeline that is 99.9 percent complete, only to have the all important last 1,000 meters stopped because of a legal fight,” he said.
Though Dakota Access would reduce transport costs for drillers, any delay in its completion is likely to have a bigger effect on midstream operators, Bellamy said. Given that the Bakken rig count has fallen--and is unlikely to return until crude prices improve--supply for the pipeline, which could ship almost half of Bakken production, will probably fall as it's coming online, he said.
Job Creation
Energy Transfer has said the project will create 8,000 to 12,000 jobs during construction and generate about $55 million annually in property taxes to North Dakota, South Dakota, Iowa and Illinois. The project is about exports, not jobs or energy independence, Kleeb said. But not using Bakken crude means importing it from elsewhere, Bellamy said.
Vicki Granado, a spokeswoman for Energy Transfer, didn't immediately respond to an e-mail and phone call requesting comment.
“Unless those protesters drove electric cars to the construction site, or those celebrities rode horses from Hollywood to North Dakota, I'd ask them how else they'd like to move goods, services and people around the world,” Bellamy said.
http://news.bna.com/deln/DELNWB/split_display.adp?fedfid=96627019&vname=dennotallissues&fn=96627019&jd=96627019
-
Largest Power Grid Says It Can Meet Obama's Climate Mandate
Sep 2, 2016 | BNA Daily Environment Report
By Jonathan N. Crawford
The operator of the largest U.S. power market said it can meet the Obama administration's sweeping goals to tackle climate change while limiting the impact on power prices to a less than 3 percent rise.
Power suppliers in the market, which covers parts of the U.S. mid-Atlantic and Midwest, can meet emission reduction targets for less than $2 a megawatt-hour, or 1 percent to 3 percent of average wholesale electricity costs, PJM Interconnection LLC, said in a Sept. 1 report. Even with the added expense, the system will continue to attract new generators to satisfy the region's growing power needs, the report found.
Suppliers across the U.S. are seeking ways to comply with President Barack Obama's Clean Power Plan, which is designed to cut carbon dioxide emissions from generators 32 percent by 2030 from 2005 levels. The report challenged claims from opponents who say the environmental mandates will drive a wave of power plant retirements, risking blackouts and price spikes for consumers.
Under all of the plans that have been proposed to reach emissions targets, adequate power supplies “were maintained throughout the PJM footprint,” Muhsin Abdurrahman, a senior market strategist at PJM, said in a briefing Sept. 1.
Lower natural gas prices would drive the retirement of higher-polluting coal-fired power plants and reduce the cost of meeting the mandates, according to the report. A regional approach would also drive down expenses as opposed to individual states pursuing their own plans.
The study also found that the existing fleet of nuclear reactors can become economic as states look to maintain carbon-free generation to meet the targets.
While the U.S. Supreme Court has suspended Obama's Clean Power Plan pending a legal review, a number of states are still working toward reaching the goals it sets out.
http://news.bna.com/deln/DELNWB/split_display.adp?fedfid=96627032&vname=dennotallissues&fn=96627032&jd=96627032
-
National Safety Board to Investigate W. Va. Chlorine Leak
Sep 2, 2016 | BNA Daily Environment Report
The National Transportation Safety Board said Sept. 1 it had sent investigators to probe a chlorine leak at a West Virginia chlorine plant, reversing a previous decision that it wouldn't look into the incident.
The safety board said in a statement that it decided to send three investigators to the Axiall Corp. in New Martinsville, W.Va., after it learned more information about the leak, which resulted in the release of 17,000 gallons of chlorine from a tank car Aug. 27.
“Initial information received by the NTSB about the accident characterized the event as a hazardous materials release only,” the agency said. “As more information became available the agency learned that the shell of the rail tank-car breached.”
In a statement Aug. 27, Axiall said a rail tanker containing liquid chlorine leaked inside the company's Natrium facility, located near Proctor, W.Va., around 8:40 a.m. that day. The chlorine formed a gas cloud that drifted south of the plant before dissipating.
http://news.bna.com/deln/DELNWB/split_display.adp?fedfid=96627035&vname=dennotallissues&fn=96627035&jd=96627035
-
Explosion at Airgas Facility In Florida Kills One Worker
Sep 1, 2016 | Chemical & Engineering News
By Jyllian Kemsley
Chemical Safety Board and OcFederal safety officials are investigating an explosion at an Airgas production facility in Cantonment, Fla. that killed a worker.
A preliminary investigation by the Florida State Fire Marshal showed that a nitrous oxide holding tank and two tankers in a loading bay were involved in the Aug. 28 explosion, says Jon Moore, a spokesperson for the fire marshal’s office. Investigators were not able to determine whether the explosion originated with the N2O holding tank and tankers or it originated elsewhere and spread to the N2O equipment, Moore says.
The fire marshal has turned the investigation over to the federal Occupational Safety & Health Administration. “We have deployed a team of compliance officers,” Brian Sturtecky, director of OSHA’s Jacksonville area office, told C&EN on Sept. 1. “Right now, the priority is ensuring that the site is safe for any and all employees and inspectors. Once that is determined, we will proceed with a more in-depth investigation.”
The U.S. Chemical Safety Board (CSB) has also deployed to the accident site. CSB is investigating because of the fatality and reported serious damage to the site, says spokesperson Hillary Cohen. In addition, CSB is concerned about the potential for more serious consequences, given the facility’s location in an industrial area and proximity to another company that uses pressurized gas spheres and tanks to store petroleum products.
The Airgas facility is located adjacent to Ascend Performance Materials. No one at Ascend was hurt and site operations there are continuing, the company says in a statement.
Ascend produces the nylon precursor adipic acid at the site, Ascend spokesperson Alison Jahn says. N2O is a by-product of adipic acid production. Ascend provides a mixture of gases to Airgas, and Airgas uses the mixture to make N2O, Jahn says.
The incident marks the first time CSB is investigating Airgas.
The company has been subject to 37 OSHA inspections in the past five years, 11 of which resulted in a total of 22 citations, according to OSHA data. The most recent violation was at a South Carolina facility and involved safety appliances for compressed air receivers, OSHA says.
Airgas was purchased by Air Liquide earlier this year.
“We are deeply saddened by the loss of a member of our Airgas family,” the company says in a statement. “An investigation into the cause of the incident is under way and the facility remains closed at this time,” Airgas adds. The company declined to comment further.
https://cen.acs.org/articles/94/i35/Explosion-Airgas-facility-Florida-kills.html
-
Obama, Xi Prepare for Talks Ahead of G-20 Summit
Sep 2, 2016 | BNA Daily Environment Report
By Bryce Baschuk
The stage is set for a crucial meeting between U.S. President Barack Obama and Chinese President Xi Jinping the week of Aug. 29 that could produce tangible outcomes on climate change and a discussion about their concerns over cybersecurity and the South China Sea.
Ahead of this year's Group of 20 leaders summit Obama will arrive in Hangzhou Sept. 3 and go directly into a bilateral meeting with Xi , according to a readout of his official schedule.
The bilateral will be the two leaders' eighth face-to-face meeting and Obama is expected to discuss differences between the two nations on issues such as maritime navigation, economic policy making, human rights and cybersecurity, among others, according to a recent State Department press briefing.
“The President will emphasize all countries need to play by the same rules, regardless of size or power, because that's the way everyone can compete and be treated equally,” said Daniel Kritenbrink, a senior director for Asian affairs at the National Security Council, during an Aug. 30 press briefing in Washington.
“Both governments and both leaders have grown increasingly comfortable with being exceptionally candid with one another in confronting our differences and areas of friction,” Kritenbrink said.
Cybersecurity Concerns
The two leaders may discuss their mutual concerns regarding cyberattacks, and specifically those against financial firms, which have significantly increased risk for U.S. businesses.
A coalition of six U.S. senators urged Obama to prioritize the issue in his discussions with Xi and develop a coordinated strategy to curb cybercrime, according to a letter sent the week of Aug. 29 to the White House.
“It is critical that the global community craft and implement a coordinated strategy to combat cyber-crime at critical financial institutions and to strengthen and accelerate existing efforts,” the six senators wrote.
“Cybersecurity is a front and center issue for a lot of economies,” said Matthew Goodman, a senior adviser at the Center for Strategic and International Studies. “Obama and Xi had a heart to heart about that last fall and made it clear we need to stop theft of trade secrets.”
At the 2015 G-20 summit in Antalya, Turkey, world leaders agreed to refrain from using information and communications technologies (ICTs) to steal intellectual property, trade secrets or other confidential business information “with the intent of providing competitive advantages to companies or commercial sectors.”
The provision marked the first G-20 communique to include a statement about cybersecurity and mirrored the text of a 2015 agreement forged by China and the U.S. to reduce economic cyberespionage.
Freedom of Navigation
Obama and Xi may also discuss China's claim to a series of heavily modified reefs in the South China Sea, which is home to one of the busiest commercial shipping routes in the world.
The U.S. and several other Asian nations have sparred with China over their ability to freely navigate ships in what China claims to be its exclusive economic zones.
China's claims were dealt a significant blow in July when the Permanent Court of Arbitration in the Hague ruled that China violated the Philippines' sovereign rights in the South China Sea.
“Our policy on the South China Sea is clear,” Kritenbrink told reporters. “We want all countries to advance their claims and operate in accordance with international law, to commit to resolving disputes peacefully, and to ensuring that freedom of navigation, unimpeded commerce are always protected.”
2015 Climate Accord
Despite their disagreements, China and the U.S. may make an announcement regarding their intent to ratify the climate change accord forged last year at the 21st Conference of Parties (COP21) of the UN Framework Convention on Climate Change.
Combined, the U.S. and China account for nearly 40 percent of global emissions, and their ratification of the Paris accord would mark a significant step towards its final completion. The agreement will enter into force after 55 countries—representing 55 percent of the world's global emissions production—fully ratify the agreement.
Because the Paris accord is not a treaty and contains few legally binding requirements, the executive branch may approve the deal without congressional approval, as is typically required for other international agreements.
In addition, China and the U.S. may also release peer-review reports regarding each other's fossil fuel subsidy programs. China and the U.S. are the world's top two subsidizers of fossil fuels—with $2.3 trillion and $699 billion in annual subsidies respectively, according to a 2015 International Monetary Fund report.
The Four I's
The meeting comes ahead of China's first turn to host the G-20 summit, where it aims to advance a series of policies that are innovative, invigorated, interconnected, and inclusive—or what has been labeled by the Chinese as “the four I's.”
The inclusive concept is perhaps most important of the four I's because it reflects a power shift in global policy making towards developing and emerging countries like China, G-20 observers told Bloomberg BNA.
Chinese Foreign Minister Wang Yi alluded to this shift during a May 26 press briefing where he said that the “equal footing” the G-20 provides developed and developing countries “reflects a major change in the world economic pattern and represents historical progress in keeping with the trend of our times.”
“The fact that China is hosting a group that is the self-declared premier forum for our international economic cooperation is a significant sign that the advanced world is enabling a transfer of responsibility and management of the global economy,” Goodman told Bloomberg BNA.
http://news.bna.com/deln/DELNWB/split_display.adp?fedfid=96627038&vname=dennotallissues&fn=96627038&jd=96627038
-
Obama's Dwindling China Wish List Topped by Climate Ratification
Sep 2, 2016 | BNA Daily Environment Report
By Justin Sink
President Barack Obama has one last item he may yet achieve on his wish list for China: sealing the deal with President Xi Jinping for their nations to implement an international accord to combat climate change.
Getting to the two presidents' final approval of the Paris deal when they meet after Obama's arrival Saturday in Hangzhou, China, for the Group of 20 summit would represent the high-water mark of the U.S. leader's largely frustrated pivot to Asia. If achieved, it also would all but lock in the Paris agreement to reduce carbon emissions.
While Republican presidential nominee Donald Trump has pledged to “cancel” and renegotiate the agreement if he wins election, ratification by China and the U.S. would almost guarantee it would go into effect first. The accord provides for it to be implemented when countries producing 55 percent of global emissions ratify it; China and the U.S., the biggest emitters, together account for 38 percent.
“The U.S. and China jointly ratifying the Paris agreement is the first big step toward making that agreement a reality,” John Coequyt, the Sierra Club's global climate policy director, said in an interview. “And having that space where we agree on a leadership level is really important because of all the difficult areas between the two countries. It's allowing us to solve other issues on things in our national interest.“
Years-Long Effort
For Obama, ratification would be the culmination of a years-long diplomatic effort to win over China for a joint effort to fight climate change and an opportunity to cement his legacy on the issue.
“Climate will be a centerpiece of our agenda” at the G-20 meeting, Obama said Aug. 31 during a stop in his native Hawaii en route to Hangzhou. “Joint U.S.-Chinese leadership was part of the reason that we were able to get Paris done.”
A 2014 agreement between the U.S. and China to cut greenhouse-gas emissions was seen as a necessary precursor to the broader Paris climate deal. Xi's willingness to work with Obama on climate issues has helped Democrats parry Republican assertions that U.S. efforts to curb emissions would put American companies at a disadvantage while having little impact without similar restrictions on China.
It's also a diplomatic and political accomplishment in a U.S.-China relationship that has been plagued by disagreements over cybersecurity and China's territorial claims in the South China Sea. China's increasing military assertiveness has undercut Obama's pledge to refocus U.S. military and foreign policy toward Asia, as has opposition by Trump and Democratic presidential nominee Hillary Clinton to Obama's signature trade deal, the Trans-Pacific Partnership.
Campaign Season Talking Point
Ratification of the climate accord by Obama and Xi would give Clinton and other Democrats a campaign season talking point. But Republicans say the president's pledge to cut U.S. greenhouse-gas emissions by 26 percent to 28 percent over the next 15 years would hurt American business, and they contend ratification by the president would circumvent a vote by Congress on the Paris agreement.
“While some members of the U.S. Congress still seem to be debating whether climate change is real or not, many of you are already planning for new places for your people to live,” Obama told a conference of Pacific island leaders during his stop in Honolulu. “Crops are withering in the Marshall Islands. Kiribati bought land in another country because theirs may someday be submerged. High seas forced villagers from their homes in Fiji. And no nation, not even one as powerful as the United States, is immune from a changing climate.”
‘Existing Authority.’
White House press secretary Josh Earnest said Aug. 29 that the Paris accord was structured to allow Obama “to use existing authority that Congress has already given the president to implement this agreement.“
Both U.S. and Chinese officials have said they hope to ratify the agreement this year, although the White House wouldn't confirm plans for the two leaders to do so publicly upon Obama's arrival in China.
Brian Deese, a senior adviser to the president who focuses on environmental issues, traveled to China in advance to meet with Chinese officials about the possibility of ratification.
“I anticipate that we will be able to once again demonstrate our two countries working together on this issue when the presidents meet in China,” Deese told reporters in Washington Aug. 29.
Deese and Chinese officials also discussed other environmental efforts that are expected to be major topics of discussion when Obama and Xi meet the evening of Sept. 3.
Aviation Emissions
The U.S. is hoping to recruit the Chinese to an international aviation agreement capping carbon emissions on international flights at 2020 levels. China has signaled some support for the effort but also has lobbied that the deal should let nations opt out of initial, voluntary stages—a provision it and other developing countries, like India, would probably take advantage of.
“If China doesn't join, the U.S. feels uncomfortable and then Europe feels uncomfortable,” said Jake Schmidt, director of the Natural Resources Defense Council's international program. “They might not fully resolve stuff in two days, but the U.S. is seeking a quiet confirmation that both countries want this and that political injection of energy into the process signaling the Chinese are a yes would be helpful.“
White House officials also are hoping to secure an amendment to the Montreal Protocol, an international treaty designed to phase out the production of chemicals that deplete the ozone layer. The U.S. and China are working together to grease the wheels for a potential agreement during an international meeting in early October that would phase out the production of hydrofluorocarbons, which are commonly used as refrigerants and can contribute to global warming.
Financing for Coal Projects
U.S. officials are also likely to press Chinese leaders to make progress on their previous commitment to phase out financing for coal projects.
For Obama, the trip will be his last, best chance to make tangible progress on climate change, an issue that has become a cornerstone priority of his second term.
“It's not until the bosses meet that there's the last-minute scramble and it all has to come together,” Schmidt said.
http://news.bna.com/deln/DELNWB/split_display.adp?fedfid=96627034&vname=dennotallissues&fn=96627034&jd=96627034
Industry and Association News
LCSA News
Chemical Management News
Energy News
Chemical Security News
Transportation News - There are no clips to report at this time.
Environment News
Add recipients
Suggested