Preview Newsletter
ACC PM 9/14/16
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(ACC Mentioned) Trump Transition Pick Offers 'Comfort' to GOP Skeptics
Sep 14, 2016 | E&E Greenwire
By Robin Bravender
Republican presidential nominee Donald Trump's transition team has tapped a top energy lobbyist with deep ties to Capitol Hill Republicans to help lead its energy and environment transition operations. -
CBP Proposes to Amend TSCA Certification Requirements
Sep 14, 2016 | Lexology
By Warren Lehrenbaum and Aaron Marx
On August 29, U.S. Customs and Border Protection (CBP) published a proposal to amend the regulations regarding the requirement to file a Toxic Substances Control Act (TSCA) certification when importing chemical substances 1) in bulk form, 2) as part of mixtures, or 3) in articles containing a chemical substance or mixture. -
(ACC Mentioned) 45 Potential Toxins Found in Household Dust
Sep 14, 2016 | Web MD
By Dennis Thompson
Household dust contains a wide range of toxic chemicals, potentially exposing people to harmful compounds in their own homes, a new evidence review contends. -
Toxins Lurk in Household Dust — Study
Sep 14, 2016 | E&E Greenwire
Household dust across the United States contains potentially harmful chemicals such as flame retardants and phthalates, according to a study published today. -
Your Favorite Housewares are Spewing Poison Dust Inside Your Home
Sep 14, 2016 | Bloomberg
By Eric Roston
People buy the nicest homes they can afford. They spend years—sometimes decades—pouring money into nest-feathering by stocking up on creature comforts. It’s no wonder we spend 90 percent of our lives indoors. Like George Carlin said, it’s where all our stuff is. -
Toxic Chemicals in Household Dust Linked to Cancer and Infertility
Sep 14, 2016 | The Guardian
By Nicola Davis
Household dust harbours a cocktail of toxic chemicals that have been linked to an increased risk of a range of health hazards, from cancer to problems with fertility, researchers in the US have found. -
(ACC Mentioned) Hill Vet to Lead Trump Energy Team
Sep 14, 2016 | Politico Pro - Tipsheets
By Anthony Adragna
Mike Catanzaro, who served as energy adviser to former House Speaker John Boehner, will lead a new energy policy team established by Donald Trump's presidential transition operation, two sources familiar with the issue tell Pro’s Andrew Restuccia. -
Ohio Court Keeps Anti-Fracking Measures Off Ballot
Sep 14, 2016 | E&E Energywire
By Ellen M. Gilmer
Ohio's highest court struck a blow to hydraulic fracturing opponents yesterday, refusing to put anti-fracking measures on the November ballot. -
What's Driving Down Industry Emissions? The Market
Sep 14, 2016 | E&E Energywire
By Kristi E. Swartz
Market forces, not U.S. EPA's Clean Power Plan, are the chief driver behind lower carbon emissions right now, energy experts said at a conference here on power-sector trends yesterday. -
Experts Ponder Whether Supreme Court Will Have Ultimate Say
Sep 14, 2016 | E&E Greenwire
By Amanda Reilly
Speculation over the next steps in the legal battle over the Obama administration's signature climate rule is in full swing. -
How a Recent Court Ruling Could Transform Energy Policy
Sep 14, 2016 | Wall Street Journal
By Richard L. Revesz
A recent federal court ruling may have opened a new chapter in U.S. climate and energy policy. In early August, the U.S. Court of Appeals for the Seventh Circuit sided with the Department of Energy (DOE) in a challenge to the agency’s energy efficiency standards for commercial refrigerators. -
Spectra Confirms Significant Corrosion Led to Pennsylvania NatGas Pipeline Explosion
Sep 14, 2016 | Natural Gas Intelligence
By Jamison Cocklin
Spectra Energy Corp. officials on Tuesday said a confluence of factors led to the April explosion of its Texas Eastern Transmission LP (Tetco) pipeline in Southwest Pennsylvania, mainly attributing the blast to significant corrosion that has changed the way it will inspect pipes going forward. -
Herzog Technologies Launches Positive Train Control Solution
Sep 14, 2016 | Railway Technologies
US-based Herzog Technologies has unveiled a new Cloud-based positive train control (PTC) solution using technologies developed by Red Hat. -
EPA Drops 'Affirmative Defense' from Final Boiler Rule
Sep 14, 2016 | E&E Greenwire
By Sean Reilly
After more than three years, U.S. EPA is closing out work on requests from business groups and environmentalists to revisit various issues related to regulations on hazardous air pollutants from area source boilers. -
World Bank Tries to Revive Projects for Reducing Methane Emissions
Sep 14, 2016 | Wall Street Journal
By Nicole Friedman
The World Bank has a novel plan to jump-start projects aimed at cutting emissions of methane and other greenhouse gases: It is auctioning off financial contracts that give investors the right to sell a certain amount of emission reductions—known as carbon credits—to the bank at a fixed price over the next four years. -
EPA Accused of Forcing High-Tech Air 'Opacity' Monitoring by Stealth
Sep 14, 2016 | Inside EPA
By Stuart Parker
Industry groups are accusing EPA of trying to force a wide swath of industry sectors to adopt new digital emissions "opacity" monitoring technology via a requirement in an obscure air toxics rule for the ferroalloy production sector -- while the agency's Environmental Appeals Board (EAB) has rejected a petition by the technology's creator seeking to force a Western power plant to use digital monitoring.
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(ACC Mentioned) Trump Transition Pick Offers 'Comfort' to GOP Skeptics
Sep 14, 2016 | E&E Greenwire
By Robin Bravender
Republican presidential nominee Donald Trump's transition team has tapped a top energy lobbyist with deep ties to Capitol Hill Republicans to help lead its energy and environment transition operations.
Mike Catanzaro, a lobbyist at CGCN Group, will be helping with preparations to implement Trump's policy agenda should the Republican nominee clinch the White House in November, according to a source familiar with the Trump transition. The news was first reported by Politico.
Catanzaro previously helped lead the environmental transition operation for Mitt Romney's campaign during the 2012 election. He was the top energy aide in then-House Speaker John Boehner's (R-Ohio) office from 2011 until 2012 and was previously a top staffer to Sen. Jim Inhofe (R-Okla.) on the Senate Environment and Public Works Committee.
He has executive branch chops and ties to the George W. Bush energy world, too. He was associate deputy administrator and chief of staff to then-U.S. EPA deputy chief Marcus Peacock during Bush's presidency and worked as associate director for policy at the White House Council on Environmental Quality in 2005.
Since he joined the GOP lobbying shop in 2014, Catanzaro's clients have included the American Fuel and Petrochemical Manufacturers, the American Chemistry Council, Devon Energy Corp., America's Natural Gas Alliance, General Motors Co., Koch Cos. Public Sector LLC and many others, according to lobbying disclosures.
"I think Catanzaro is probably one of the premier GOP policy analysts and political consultants that we have in this space, given his experience, breadth of experience and the level of his policy expertise," said the source familiar with the transition.
Catanzaro's addition to the team could also help win over some Republican energy insiders who have been hesitant about jumping on the Trump bandwagon.
Republicans who have been skeptical will look at Catanzaro's policy credentials, and "it's just going to make them feel better," the source said. "If the transition team is filled with people like that, I think that's going to provide some comfort to folks out there in the middle."
Catanzaro is one of several former Republican congressional staffers working in Trump's orbit of energy insiders. Former Inhofe aide Andrew Wheeler and Jeff Wood, a former energy aide to Sen. Jeff Sessions (R-Ala.), are advising the Trump campaign on energy issues, the source said.
The Trump transition team has been ramping up its operations in recent weeks, according to several sources.
Last week, Trump transition leader Gov. Chris Christie (R-N.J.) held a meeting with energy insiders in Washington, D.C., at a downtown lobbying firm, according to another source familiar with the transition effort. A cross-section of energy personalities attended, including lawyers, lobbyists and think tank representatives.
They discussed energy issues broadly and offered an update on the transition, and there was a light request for money for the transition effort, the source said.
The Trump transition operation is expected to continue to formalize operations and bring on more policy experts as the countdown to Election Day continues.
Catanzaro and the Trump campaign did not respond to requests for comment.
http://www.eenews.net/greenwire/stories/1060042830/search?keyword=%22American+Chemistry+Council%22
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CBP Proposes to Amend TSCA Certification Requirements
Sep 14, 2016 | Lexology
By Warren Lehrenbaum and Aaron Marx
On August 29, U.S. Customs and Border Protection (CBP) published a proposal to amend the regulations regarding the requirement to file a Toxic Substances Control Act (TSCA) certification when importing chemical substances 1) in bulk form, 2) as part of mixtures, or 3) in articles containing a chemical substance or mixture. The proposed amendments include an electronic option for filing TSCA certifications, the clarification of certain definitions, and elimination of the paper-based blanket certification process.
Section 13 of TSCA (15 U.S.C. § 2612) governs the entry of chemical substances and mixtures, and articles containing such chemical substances or mixtures, into the customs territory of the United States. Under this statute, CBP has the authority to refuse entry of any chemical substance, mixture, or article that fails to comply with any rules in effect under TSCA. The CBP regulations implementing section 13 of TSCA are contained in 19 C.F.R. §§ 12.118 through 12.127 and § 127.28.
CBP is proposing four changes to these regulations.
CBP proposes to amend certain definitions to clarify that the certification obligations apply to both chemical substances and mixtures that are subject to TSCA (which require a “positive” certification) and those chemicals and mixtures that are not subject to TSCA (which require a “negative” certification). To that end, CBP proposes to modify the scope of reporting to cover “a chemical substance in bulk form or as part of a mixture, and articles containing a chemical substance or mixture.”
Importers of TSCA chemicals in bulk form or as part of a mixture will be required to submit apositive certification, certifying that the shipment complies with all applicable TSCA rules.
Importers of non-TSCA chemicals (e.g., pesticides subject to regulation under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)) in bulk form or as part of a mixture will be required to submit a negative certification, certifying that the chemicals in the shipment are not subject to TSCA.
Importers of articles containing TSCA chemicals or mixtures will only have to submit a certification if required to by a rule or order issued under TSCA.
We note that CBP is specifically soliciting comments as to whether there should be an exemption from the negative certification requirement for chemicals which are clearly identified as being pesticides or other chemicals not subject to TSCA. Eliminating the negative certification requirement in these circumstances would seem to be beneficial for most importers of non-TSCA regulated chemical products, such as pharmaceuticals or pesticides. We also note that CBP’s proposed amendments pertaining to “articles containing chemicals or mixtures” may not align completely with EPA’s guidance on this issue, which distinguishes between chemical substances imported as part of an article versus chemical substances contained in an article. Companies that import articles may wish to submit comments on the proposed rule, to clarify these potential inconsistencies.
CBP proposes to allow importers the option to file TSCA Certifications electronically through the Automated Commercial Environment (ACE). The proposed regulation would also require certifications to include, for the first time, the name and contact information for the person making the certification.
CBP proposes to eliminate the existing paper-based “blanket” certification process. CBP asserts that this process is burdensome, and has limited utility. CBP further asserts that the electronic filing option is a more efficient solution. Companies that currently utilize blanket certifications (typically companies that frequently import the same chemical product through a particular port of entry) may wish to submit comments on CBP’s proposal to eliminate that option.
CBP proposes to allow importers to provide electronic notice of exportation and abandonment as an alternative to the paper-based written notice allowed under the existing regulations.
CBP is accepting comments on all aspects of its proposed amendments, which are due by September 28, 2016. CBP indicates that it is particularly interested in receiving comments on the following questions:
Whether the collection of the names, phone numbers, and email addresses of the TSCA import certifier will impact your business or industry.
Whether the electronic submission of TSCA certifications in the Automated Commercial Environment (ACE) will affect your or industry.
Whether there should be an exemption from the negative certification requirement for chemicals that are clearly labeled as a pesticide or other chemical not subject to TSCA.
http://www.lexology.com/library/detail.aspx?g=32211744-515a-430b-8d85-7a60da0776a4
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(ACC Mentioned) 45 Potential Toxins Found in Household Dust
Sep 14, 2016 | Web MD
By Dennis Thompson
Household dust contains a wide range of toxic chemicals, potentially exposing people to harmful compounds in their own homes, a new evidence review contends.
Researchers identified 45 potentially toxic chemicals in dust samples from homes in 14 states.
These chemicals come from a broad array of consumer products, including furniture, carpeting, drapes, electronics and toys, said lead author Ami Zota. She's an assistant professor at George Washington University's Milken Institute School of Public Health in Washington, D.C.
"Indoor dust is a reservoir for consumer-product chemicals," Zota said. "Many of the times when these chemicals are added to consumer products, they're not chemically bound to the products. They can migrate out of the product and into the air or dust," she explained.
The 26 studies analyzed did not evaluate whether the chemicals are causing health problems. But Zota said this widespread exposure should raise concern.
"Some of these chemicals are associated with serious health outcomes," she said, "particularly children's health."
The American Chemistry Council, which represents the chemicals industry, said the study "only tells part of the story."
"The mere presence of a chemical does not signify risk to human health," the council said in a statement. "Assessing health risks depends not only on understanding which substances are present in something like dust but also on the actual amount, route, duration and timing of exposure to those substances. Most of this important information is missing in this study."
Dr. Kenneth Spaeth is chief of occupational and environmental medicine for Northwell Health in Great Neck, N.Y. He said the presence of these potentially harmful chemicals in homes has been known for some time and is worthy of some concern.
"Each of us tends to spend the vast majority of our lives indoors," Spaeth said. "That includes sleeping and most of our daily life."
Continual exposure to these dust-borne chemicals means that even substances that are quickly flushed from the body, like phthalates, continue to be replenished by our indoor environment, he said.
Other chemicals, such as flame retardants, tend to accumulate in the body, increasing the health risk, he said.
However, Spaeth added that further research needs to be conducted on whether dust-borne chemicals actually lead to health problems.
"To what extent these chemicals are in our bodies or affecting our health are open and important questions," he said.
The study authors said they found 10 harmful chemicals in 90 percent or more of the dust samples analyzed, including a known cancer-causing agent called TDCIPP. Used as a flame retardant, it's found in furniture, baby products and other household items.
Another chemical, a phthalate known as DEHP, "was detected in 100 percent of the samples," Zota said. Phthalates are thought to interfere with hormones in the body. They've also been linked to a range of reproductive and developmental health issues, including IQ declines and respiratory problems in children, she said.
Four classes of dangerous chemicals appear in high concentrations in indoor dust, the researchers said. They include phthalates -- the chemicals found in the highest amounts in the dust samples. Phthalates, which soften plastics and act as solvents, are used to makecosmetics, toys, vinyl flooring and other products.
Phenols -- used in cleaning products and other household items -- were the second-most common chemical class found in dust, followed by flame retardants and highly fluorinated chemicals used to make nonstick cookware, the study found.
Evaluating the potential of these chemicals to make their way into children, the researchers found that the flame retardant TCEP had the highest estimated intake. TCEP is added to couches, baby products, electronics and other products.
Four phthalates -- DEP, DEHP, BBzP and DnBP -- followed TCEP in terms of highest estimated intake, the study authors said.
Dust samples also contained highly fluorinated chemicals such as PFOA and PFOS, which are found in cellphones, pizza boxes and many nonstick, waterproof and stain-resistant products. These chemicals have been linked to problems of the immune, digestive, developmental and endocrine systems, the study authors said.
Zota and Spaeth said you can reduce your exposure to household dust by:
Washing your hands and your children's hands frequently. Small children often put dust-covered fingers and hands in their mouths.
Vacuuming carpets frequently using a vacuum cleaner equipped with a HEPA filter, and wet-mopping hard surfaces.
Using online consumer tools to buy safer products, such as furniture without flame retardants or stain guard, or toys that are phthalate-free.
Opening windows, to allow fresh-air circulation.
"These kinds of simple measures can really make a difference," Spaeth said.
The study findings were published Sept. 14 in Environmental Science & Technology.
http://www.webmd.com/allergies/news/20160914/45-potential-toxins-found-in-household-dust
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Toxins Lurk in Household Dust — Study
Sep 14, 2016 | E&E Greenwire
Household dust across the United States contains potentially harmful chemicals such as flame retardants and phthalates, according to a study published today.
Among the chemicals found in household items, most furniture contains flame retardants, nonstick cookware uses fluorinated chemicals and items from cosmetics to toys to food packaging contain phthalates.
Some of the chemicals in household dust have been linked to possible health problems.
Researchers say their results provide evidence that microscopic household toxins are being ingested by people on a regular basis.
The study, jointly compiled by the Natural Resources Defense Council, George Washington University's Milken Institute School of Public Health and the Silent Spring Institute, examined 45 chemicals found in dust across 14 states.
Ninety percent of dust samples contained 10 potentially hazardous compounds.
"The number and levels of toxic chemicals that are likely in every one of our living rooms was shocking to me," said Veena Singla, co-author of the study and an NRDC scientist.
The results are particularly alarming for young children, scientists say, whose developing bodies are at greater risk for impaired health. Because children are closer to the ground than adults, they also inhale larger amounts of dust.
Exposure to even very small amounts of toxins over a long period of time can be particularly damaging.
Researchers acknowledged that little is known about many of the chemicals. But some are suspected of reproductive system toxicity and hormone disruption.
"I don't think we've really appreciated the exposure route of dust as much. It's not often the first thing we think of," said Tracey Woodruff, director of the University of California, San Francisco's Program on Reproductive Health and the Environment. "... There's an exposure occurring that's not insignificant".
http://www.eenews.net/greenwire/2016/09/14/stories/1060042809
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Your Favorite Housewares are Spewing Poison Dust Inside Your Home
Sep 14, 2016 | Bloomberg
By Eric Roston
People buy the nicest homes they can afford. They spend years—sometimes decades—pouring money into nest-feathering by stocking up on creature comforts. It’s no wonder we spend 90 percent of our lives indoors. Like George Carlin said, it’s where all our stuff is.
Furniture. Shower curtains. Electronics from TVs to computers to games. Carpeting, cosmetics, and even air-fresheners and soap. It’s all there to make life easier, tasteful, and more playful. And yet, many of those pleasant symbols of your hard-earned income carry a hidden price: They may be slowly killing you.
Nobody ever said plastics and industrial chemicals were good for healthy living. It turns out some are really quite hazardous, which is a shame because they’re all over the place, according to a comprehensive review in Environmental Science and Technology by seven researchers from three universities and two environmental groups. They reviewed the science and identified 45 substances—phthalates, phenols, flame retardants, fragrances, and fluorinated chemicals—that most commonly leach out of products and become a part of household air and dust. Those toxins, when floating inside your home or apartment, are linked to endocrinal, reproductive, developmental, neurological, and immunological hazards. And probably cancer.
Once in dust form, “they can enter your body,” said Ami Zota, assistant professor at the Milken Institute School of Public Heath at George Washington University and a co-author of the study. “We know these chemicals even at low levels can have negative health effects.”
Children and pregnant women are often the most sensitive. In tiny bodies, a little bit goes a longer way. Children can have many times more of a chemical in their bodies than their mothers do, according to research released in July by the Environmental Working Group and Duke University.
Chemicals sound opaque and terrifying on a good day. Consider dihydrogen monoxide, which can kill people within minutes if it floods their respiratory system, but it’s just another name for water. The chemicals found most frequently in people’s homes are even more chemical-sounding.
TCEP, also known as Tris(2-chloroethyl)phosphate, a flame-retardant common to furniture, including kids' mattresses. These chemicals don't bind to foam, leaving them free to get all over kids's hands, which inevitably end up in their mouths. Some areas have begun to ban TCEP.
DEHP, also known as Di(2-ethylhexyl)phthalate, the most abundant toxin that turned up in homes, belongs to a class of chemicals that's received a lot of attention over the last few years. Phthalates are linked to developmental and reproductive risks, particularly in males. DEHP can turn up in wiring and cables, vinyl flooring, vinyl blinds, and even medical devices.
HHCP, also known as galaxolide, is commonly used in fragrance and suspected of being an endocrine disruptor, according to Zota. "There is essentially very little known of the health hazards of this fragrance and many others that are commonly used," she said.
The team reviewed relatively new research, published since 2000, to ensure they were identifying chemicals in current use.
While high tech solutions would be valuable, "green chemistry" has made only limited inroads. Two years ago, California allowed furniture makers to exclude flame retardants from foam. Americans can choose from among hundreds of flame-retardant-free couches today, according to Tasha Stoiber, senior scientist at the Environmental Working Group. But we're far from living in a non-toxic chemical environment.
"Consumers can't shop their way around chemical exposures," Stoiber warned. "There are too many chemical ingredients used in almost every consumer product."
The easiest things to do are the simplest. A 2014 journal study found that the crud left on hand-wipes after use carried levels of flame-retardant that matched dust levels in each household. In other words, kids, wash your hands. And preferably do it with non-antibiotic soap devoid of fragrance, which may contain chemicals that are part of the problem. The new study1 also recommends keeping dust at bay with damp cloths or mops, and out of the air with HEPA filters. The Silent Spring Institute, which participated in the research, offers a free app to help people detox their homes. Research released in March showed that reading ingredient labels on cosmetics can lead to smarter purchasing and reduced exposure.
With limited tools in the household quiver, the frustrating truth is industrial chemicals have become unavoidable. Just ask Zota, who has a young child, and must therefore deal with a feedback loop known to anyone who's ever had, met, or been a kid. Telling one not to put hands in mouth (and thus delivering a potential micro-dose of toxins) usually causes them to promptly do it again. No cure for that yet, either.
http://www.bloomberg.com/news/articles/2016-09-14/your-favorite-housewares-are-spewing-poison-dust-inside-your-home
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Toxic Chemicals in Household Dust Linked to Cancer and Infertility
Sep 14, 2016 | The Guardian
By Nicola Davis
Household dust harbours a cocktail of toxic chemicals that have been linked to an increased risk of a range of health hazards, from cancer to problems with fertility, researchers in the US have found.
The chemicals are shed from a host of common products, from flooring to electrical goods as well as beauty and cleaning products.
“We think our homes are a safe haven but unfortunately they are being polluted by toxic chemicals from all our products,” said Veena Singla, co-author of the study from the Natural Resources Defense Council in California.
The scientists cautioned that children were particularly vulnerable to the health effects of contaminated dust as they often play or crawl on the floor and frequently touch their mouths. “They end up having a lot more exposure to chemicals in dust and they are more vulnerable to toxic effects because their brains and bodies are still developing,” said Singla.
Writing in the Environmental Science and Technology journal, Singla and colleagues described how they analysed 26 peer-reviewed papers, as well as one unpublished dataset, from 1999 onwards to examine the chemical make-up of indoor dust. The studies covered a wide range of indoor environments, from homes to schools and gymnasiums across 14 states.
“What emerged was a rather disturbing picture of many different toxic chemicals from our products that are present in dust in the home and [are] contaminating the home,” said Singla.
While, perhaps confusingly, homes that are too clean have been linked to an increase in allergies and asthma in children, potentially due to a lack of exposure to various microbes, the presence of toxic chemicals in dust raises separate concerns.
The researchers highlighted 45 toxic chemicals in indoor dust, 10 of which were present in 90% or more of the dust samples – these included flame retardants, fragrances and phenols.
Among them is the flame retardant TDCIPP that is known to be cancer-causing and is frequently found in furniture foam, baby products and carpet padding, as is TPHP, another flame retardant in the top 10 list that can affect the reproductive and nervous systems.
“They are just a bunch of letters – a lot of people might not recognise what those chemicals are, or what they mean, but they are really a number of bad actor chemicals,” said Singla.
Other toxic substances found in almost all of the dust samples include chemicals known as phthalates that are often found in vinyl flooring, food packaging, personal care products and have been linked to developmental problems in babies, hormone disruption, and are also thought to affect the reproductive system.
While some chemicals on the list have been banned from use in childcare products, or are being more widely phased out, Singla says many remain widespread in the home. “Especially for building materials there is not as much turnover of a lot of those products, like flooring,” she said, adding: “Unfortunately even though some of these phthalates have been banned from kids products, they are not banned from other kinds of products.”
In a separate, unpublished, analysis, Singla compared the levels of chemicals found in household dust with soil screening levels used by the Environmental Protection Agency in the US. “What we found – and we were shocked by it actually – is that the dust levels exceed those EPA screening levels for a number of the chemicals and again it is the phthalates and flame retardant chemicals that are standing out as the bad offenders here,” said Singla.
But, she adds, there are steps that can be taken to reduce exposure to contaminated dust. As well as vacuuming floors, hands should be washed with plain soap and water before eating, while cleaning with a wet mop and dusting with a damp cloth can help to reduce household dust levels.
While a wider policy change on the use of toxic chemicals is needed, Singla added, consumers could also take action by making careful choices about the products they buy. “It is really important for companies and regulators to get the message that people care about this and want and need safer products for their families.”Advertisement
Stuart Harrad, professor of environmental chemistry at the University of Birmingham, said the research backed up previous work on the hazards of indoor pollutants.
“This review of evidence for the presence of consumer chemicals in indoor dust from the US confirms the substantial evidence for the presence of the same chemicals in dust from UK cars, homes, and offices, as well as school and nursery classrooms,” he said. “This is pertinent as we and others believe the presence of these chemicals in consumer articles and dust leads to their presence in human milk and blood.”
Stephen Holgate, clinical professor of immunopharmacology at Southampton general hospital, described the research as important. He said though the study was US-based, the findings were also relevant in the UK.
The review, he added, showed “what we all have suspected – namely indoor exposure to household chemical and personal products accumulate in house dust, which serves as a Trojan horse when inhaled carrying these chemicals into the body”.
Holgate raised concerns over the findings that high levels of phthalates and replacement flame retardants appear to be ubiquitous, given their health impacts. Together with evidence from other studies, “there is an urgent need to consider the indoor environment as a crucial source of chemical pollutant exposure”, he said.
https://www.theguardian.com/science/2016/sep/14/toxic-chemicals-household-dust-health-cancer-infertility
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(ACC Mentioned) Hill Vet to Lead Trump Energy Team
Sep 14, 2016 | Politico Pro - Tipsheets
By Anthony Adragna
Mike Catanzaro, who served as energy adviser to former House Speaker John Boehner, will lead a new energy policy team established by Donald Trump's presidential transition operation, two sources familiar with the issue tell Pro’s Andrew Restuccia. Catanzaro, a partner at the GOP lobbying firm CGCN Group, was a longtime fixture on Capitol Hill, having served as a top Republican staffer on the Senate Environment and Public Works Committee before joining Boehner's staff in 2011. Catanzaro has registered as a lobbyist for a slew of major corporations and trade groups, including the American Chemistry Council, Boeing, Halliburton, Devon Energy and Koch Companies Public Sector.
http://www.politico.com/tipsheets/morning-energy/2016/09/smiths-subpoena-battle-reaches-congress-wr-done-flint-aid-seeking-immediate-ride-216322
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Ohio Court Keeps Anti-Fracking Measures Off Ballot
Sep 14, 2016 | E&E Energywire
By Ellen M. Gilmer
Ohio's highest court struck a blow to hydraulic fracturing opponents yesterday, refusing to put anti-fracking measures on the November ballot.
In a 6-1 opinion handed down yesterday afternoon, the Ohio Supreme Court ruled that local election boards and Ohio Secretary of State Jon Husted (R) acted legally when they rejected proposed ballot measures in three counties. The measures, in Athens, Meigs and Portage counties, aimed to turn local governments into charter systems with more control over oil and gas development within their boundaries.
Local election boards and Husted tossed the measures from the ballot, finding that they didn't meet criteria for ballot initiatives attempting to change a form of government. According to the boards, the measures didn't give enough information about how the new charter systems would operate. The court upheld the decision.
"Their determinations were consistent with our prior decisions authorizing election officials to determine whether a proposal exceeds the scope of the authority under which it is placed on the ballot," the majority wrote.
"Moreover," the opinion continued, "there is no indication that the boards of elections or the secretary of state attempted to thwart the principles of local self-government. They did not deny relators the right to establish a charter form of county government; instead, they merely examined the charter initiatives to determine whether they met the threshold requirements for inclusion on the ballot."
Justice William O'Neill dissented, arguing that the expectation that the ballot measure spell out all the details of how a charter system would work is unreasonable.
"The majority would prefer that relators reinvent the wheel of government in one document," he wrote.
He also suggested Husted and other government officials were bowing to pressure from the oil and gas industry, an accusation he has lodged before (EnergyWire, Feb. 18, 2015).
"The secretary of state does not have the power to veto charter petitions on behalf of the oil and gas industry simply because the citizens did not pick exclusively from the two forms of county government delineated in [state law]," he added. "This is a usurpation of power from the people that we should not indulge."
Tish O'Dell, an organizer for the Community Environmental Legal Defense Fund, a group that has backed the charter systems, said the decision blocks access to "direct democracy."
"The people's right to alter or reform their government is meaningless when the same government that the people want to alter, acts as gatekeeper, restricting access to direct democracy as they so choose," she said in a statement. "Communities across Ohio are facing fracking, wastewater injection wells, LNG [liquefied natural gas] pipelines, and compressor stations. They are finding no remedy in their state government, and are turning to their constitutional right of initiative to protect their communities from fracking related harms."
Supporters of the anti-fracking movement also noted parallels to the Dakota Access pipeline conflict.
"Any illusion that we live in a democracy is obliterated with this decision," said Gwen Fischer, an activist from Portage County. "Will we go home and just accept the toxins in our communities? No. We will fight for our rights. As the Standing Rock indigenous fight for water, we do, as well. This is a fight to safeguard our air, our water, our health, our communities, today and for future generations."
Industry representatives, meanwhile, framed the news as a win for taxpayers.
"Ohio's courts have made it clear what the law says statewide, and over 83% of these ballot measures have failed outright or been ruled invalid at the local level," said Jackie Stewart, Ohio director for Energy in Depth, in an email. "Yet out of state groups like the Community Environmental Legal Defense Fund (CELDF) continue these frivolous lawsuits. It is Ohio taxpayers who ultimately have to pay for CELDF's anti-fracking campaign."
http://www.eenews.net/energywire/2016/09/14/stories/1060042782
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What's Driving Down Industry Emissions? The Market
Sep 14, 2016 | E&E Energywire
By Kristi E. Swartz
Market forces, not U.S. EPA's Clean Power Plan, are the chief driver behind lower carbon emissions right now, energy experts said at a conference here on power-sector trends yesterday.
Low natural gas prices, federal tax breaks for renewables, and the falling cost of wind and solar are behind the electric utility industry's transition away from fossil fuels, which is doing more to cut into greenhouse gas emissions.
Such changes do not render the Obama administration's signature climate rule unnecessary, officials pointed out. And states are going to have to think beyond 2030 — the rule's compliance date — if they want to make any meaningful impact against climate change, others said.
"We see the Clean Power Plan as a tremendous organizing framework toward moving toward a decarbonized future," said Julie McNamara, energy analyst with the Union of Concerned Scientists. "This isn't just about 2030, this is about 'what does this mean if we're facing a low-carbon future, what's the best path to get there?'"
McNamara was one of several speakers at an all-day event here hosted by the Bipartisan Policy Center, Great Plains Institute and Nicholas Institute for Environmental Policy Solutions. All three have been working with states on how to best meet goals of the Clean Power Plan, which broadly called for a one-third reduction in power-sector emissions by 2030.
The Supreme Court stayed the rule in February while massive litigation over it plays out. On Sept. 27, the full U.S. Court of Appeals for the District of Columbia Circuit is scheduled to hear more than 3 ½ hours of arguments over the rule (Greenwire, Aug. 17).
Some states that started working on compliance plans continue to do so or have their own low-carbon policy mandates to meet. Others have halted all work, at least publicly.
The electric companies that are fighting the Clean Power Plan argue they are reducing carbon emissions on their own. The regulation isn't their only challenge right now, however.
Electricity demand is flat and likely will remain that way for some time. And new technologies are making it easier for customers to control their electricity use.
Both forces are cutting into utility companies' revenues, and many are grappling with how to change their business models from ones they've been used to for decades.
"Technology is driving the changes that we're seeing," said Ted Thomas, chairman of the Arkansas Public Service Commission. "There's risk in adopting new technology, and there's risk in not adopting new technology and being left behind."
The PSC has to manage all of those risks as it develops new policies, he said.
What about nuclear?
A looming question is the role nuclear power will play as states look for carbon-free options beyond renewables. Many speakers said that nuclear must be a part of the electricity mix.
"It's hard to have an intellectually honest conversation about carbon if you cannot talk about nuclear," said Cathy Woollums, Berkshire Hathaway Energy's chief environmental counsel. "The United States, from a policy perspective, has not dealt with the nuclear issue."
Woollums said Berkshire Hathaway Energy has considered building nuclear but shelved plans because the company didn't think there was enough intestinal fortitude in the country to support it.
The nation's nuclear industry is in flux as low natural gas prices and in some cases wind are forcing many to be shut down because they are uneconomical to run. Meanwhile, Georgia and South Carolina are building multibillion-dollar reactors, but both projects are years behind schedule and billions of dollars over budget.
There are efforts to keep the current fleet operating and a separate measure to commercialize new technology, including small modular reactors. Many electric companies that view nuclear as a way to maintain carbon-free baseload power also acknowledge that it comes with a hefty price tag.
"I don't know what the future will be, but I don't know if it's so much about intestinal fortitude, it's just so darn expensive," said Michael Dowd, air division director of Virginia's Department of Environmental Quality. "When you look at the costs, they are very, very high, and I can't say I see a lot of public support, but that could change."
http://www.eenews.net/energywire/2016/09/14/stories/1060042785
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Experts Ponder Whether Supreme Court Will Have Ultimate Say
Sep 14, 2016 | E&E Greenwire
By Amanda Reilly
Speculation over the next steps in the legal battle over the Obama administration's signature climate rule is in full swing.
While oral arguments in front of appeals court judges won't take place until Sept. 27, attorneys closely following the litigation are already pondering whether the Supreme Court will take up the Clean Power Plan after the U.S. Court of Appeals for the District of Columbia issues its decision.
Not all of those attorneys think that the high court, which still has only eight justices since Justice Antonin Scalia died in February, would agree to hear an appeal of the lower-court decision.
"The D.C. decision is very consequential. I'm not all convinced that the Supreme Court will take it up," Oklahoma Attorney General Scott Pruitt (R) said yesterday at a Washington, D.C., event hosted by the conservative Federalist Society.
But if the high court does take up the Clean Power Plan, attorneys are mining past cases for hints as to where the justices will fall. Both sides have found prior decisions that they think the justices can lean on in deciding the case.
U.S. EPA's Clean Power Plan requires states to develop and implement plans to reduce carbon dioxide emissions from existing power plants. It incorporates three "building blocks": heat rate improvements at coal-fired steam plants, switching to natural-gas-fired plants and switching to renewable forms of energy.
Foes of the rule, including 27 states, have raised a plethora of legal challenges. Among them: that EPA overstepped its Clean Air Act authority in issuing the rule, that EPA crafted a final rule that was substantially different from its proposal and that the rule is unconstitutional because it coerces states into a complex regulatory scheme.
The Supreme Court has already played a role in the litigation, issuing a surprising stay of the rule in February in a 5-4 decision backed by the court's conservative wing until the massive litigation is resolved. In an extremely rare move, the D.C. Circuit pushed back arguments that were originally scheduled for June in front of a three-judge panel to Sept. 27 in front of the full court.
At the upcoming oral arguments, the degree to which the rule is transformative and unique will likely play a big role. Some foes of the rule see the makeup of the court as a hindrance, as seven of the court's active 11 judges were appointed by Democrats. Two Democratic appointees — Chief Judge Merrick Garland, whom President Obama nominated for the open Supreme Court seat, and Judge Nina Pillard — have sat out of proceedings in the case, but their absence still leaves a leftward tilt on the panel.
"We feel a little bit like, going into the D.C. Circuit, that we're fighting an uphill battle there with the makeup of the court," Pruitt said yesterday, "but I'm hopeful that the strength of our arguments that there's some persuasion there about the importance of the states."
It's unclear yet when exactly the D.C. Circuit will issue an opinion in the case. After the ruling, it will take the votes of four justices for the Supreme Court to grant a petition for writ of certiorari.
Like Pruitt, David Doniger, director of the climate and clean air program at the Natural Resources Defense Council, said yesterday at the Federalist Society panel that the D.C. Circuit's decision will be "very, very important."
"For whatever reasons the Supreme Court entered the stay, the complexion of things out there has changed because the fifth vote is gone," Doniger said. "And it might well be the D.C. Circuit writes an opinion that the court declines even to review because either there aren't four votes for cert or there aren't the prospect of five votes to reverse."
If the Senate continues to block Obama's nominee for the open seat, or if there is wrangling over the next president's nominee, there's the possibility of the Supreme Court's vacancy lasting well into next year. A 4-4 split decision would uphold the D.C. Circuit's ruling.
David Rivkin, a partner at Baker & Hostetler LLP who will be arguing the case on Sept. 27 on behalf of state challengers, said he was hopeful that the Supreme Court would knock down the rule.
He pointed to National Federation of Independent Business v. Sebelius, in which the Supreme Court found that the Medicaid expansion under Obamacare was unconstitutional.
Rivkin said that the court's 2012 finding in the case that the expansion was coercive could help out challengers to the Clean Power Plan.
"Here we have something 10 times worse," Rivkin said of the Clean Power Plan. "If this is not a gun to a head, then nothing is a gun to the head."
But Doniger yesterday predicted that, even with the vacancy, there would be six votes in the Supreme Court for upholding the Clean Power Plan — which would likely mean Chief Justice John Roberts and Justice Anthony Kennedy joining the court's more liberal wing.
"Look at cases that have reached the Supreme Court ... since 2007 on either climate change or the power sector," Doniger said. "And you'll find at a minimum five votes, and a maximum eight votes, and often six votes, including Justice Roberts, to uphold government federal regulatory approaches under the Clean Air Act or the Federal Power Act."
Doniger added that he believes the high court issued the stay of the program on a 5-4 vote because justices made a quick decision based on an "apocalyptic vision" of skyrocketing energy prices and blackouts that has not come true.
"When you get this in front of the D.C. Circuit," Doniger said, "and they write an opinion and you get this up on cert petitions — I think the Supreme Court is going to say, you know, we were had."
Rivkin, on the other hand, described himself as "very optimistic" that Kennedy would be in challengers' camp on the constitutional claims.
"If this isn't coercion, then 30 years of Supreme Court cases have no content," Rivkin said.
http://www.eenews.net/greenwire/2016/09/14/stories/1060042833
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How a Recent Court Ruling Could Transform Energy Policy
Sep 14, 2016 | Wall Street Journal
By Richard L. Revesz
A recent federal court ruling may have opened a new chapter in U.S. climate and energy policy. In early August, the U.S. Court of Appeals for the Seventh Circuit sided with the Department of Energy (DOE) in a challenge to the agency’s energy efficiency standards for commercial refrigerators. The court upheld DOE’s use of the social cost of carbon(SCC) in its analysis of the regulation. The SCC is the U.S. government’s official estimate of the economic damage caused by each ton of carbon dioxide emissions, and this metric is the best available tool for evaluating policies that reduce such emissions. The impact of this case could be profound.
This judicial decision marks the first time that a federal court has explicitly considered the validity of an agency’s reliance on the SCC. Now that the Seventh Circuit has formally endorsed its use, the SCC could become one of the primary tools used to shape climate and energy policy, leading to a new wave of economically efficient measures on environmental regulation, energy efficiency, natural resource leasing, and environmental impact quantification. (Full disclosure: theInstitute for Policy Integrity, which I direct, submitted a brief for the court case, focusing on the SCC.)
Economists have worked for years to translate estimated climate change impacts into economic terms, modeling how projected changes in agricultural production, the spread of disease, coastal destruction and other factors will affect the economy. In 2010, the Obama administration convened an Interagency Working Group to review the most prominent models and economic literature, and establish an official SCC estimate for federal agencies to use when evaluating regulations. The working group meets periodically to ensure that the value reflects the best available science; the National Academies of Sciences is also working to keep the SCC as accurate as possible. The SCC’s current value is roughly $40 per ton of carbon dioxide emitted.
By quantifying the climate impacts of policy decisions, the SCC allows policymakers to compare the costs and benefits of a proposal, set the stringency of a regulation, and determine which measures will ultimately improve societal well-being. The metric has already been used to justify many regulations, including several energy efficiency standards, and has played a role in the analysis of EPA’s Clean Power Plan. But many of these rules have been challenged in court, with industry groups trying to overturn regulations by claiming that the SCC is not sufficiently credible (as was the case in the Seventh Circuit litigation). A petition for Supreme Court review is possible, but it is unlikely that the court would take the case.
Now that a federal appeals court has endorsed the use of the SCC and rejected many arguments that are often used to challenge rules that reduce emissions, the practice is on much stronger footing. This development might therefore lead to a new crop of economically sound policies. And it is definitely good news for the Clean Power Plan and other rules with pending legal cases in which the use of the SCC to justify regulation was challenged.
The SCC is applicable in numerous contexts. It is useful for evaluating nearly all federal energy regulations and environmental rules.New York state recently decided to use the SCCto calculate the value of carbon-free electricity provided by nuclear power plants, as part of the state’s new Clean Energy Standard. An administrative law judge in Minnesota also determined that utilities should use the federal SCC to calculate their environmental and economic impacts. And now that California has revamped its approach to cap-and-trade, the SCC will be the best option for officials seeking to prioritize emissions-reduction projects.
The SCC could also play a critical role in improving federal natural resources management. When the Interior Department leases public lands or waters for mining or drilling, it uses woefully outdated fiscal terms that deprive taxpayers of hundreds of millions of dollars each year and ignore climate impacts. Some onshore oil and gas leasing parameters have not been updated since 1920, and the Interior Department recentlyissued a moratorium on new coal leases on federal lands in order to explore reforms. By using the SCC to gauge the climate impacts of leases and help determine new royalty rates, the Interior Department could vastly improve these leasing programs.
Project developers can use the SCC to quantify the climate effects of proposed projects. The White House Council on Environmental Quality recently released guidance on National Environmental Policy Act reviews, suggesting that federal agencies use the SCC in their environmental impact assessments. If use of the SCC in these contexts becomes widespread, the environmental review process will become far more consistent and rational.
The Seventh Circuit court’s ruling sent a clear message: the SCC is an important tool that policymakers should use to inform decisions on energy and environmental matters. This metric was developed through a rigorous, transparent process, and it is grounded in the best available science. The SCC is an ideal guidepost for those crafting the next generation of economically sound climate and energy policies.
http://blogs.wsj.com/experts/2016/09/13/how-a-recent-court-ruling-could-transform-energy-policy/
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Spectra Confirms Significant Corrosion Led to Pennsylvania NatGas Pipeline Explosion
Sep 14, 2016 | Natural Gas Intelligence
By Jamison Cocklin
Spectra Energy Corp. officials on Tuesday said a confluence of factors led to the April explosion of its Texas Eastern Transmission LP (Tetco) pipeline in Southwest Pennsylvania, mainly attributing the blast to significant corrosion that has changed the way it will inspect pipes going forward.
The company addressed local, state and federal officials along with residents in Westmoreland County's Salem Township, where the blast occurred. Spectra reportedly said a test in 2012 revealed that the point of failure had lost more than a quarter of its steel to corrosion. A portion of Tetco, known as the Penn-Jersey system, exploded and caught fire almost five months ago, toppling trees, razing one house and damaging others, as well as severely burning one resident (seeDaily GPI, April 29).
The 30-inch diameter Line 27, which ruptured in the explosion, was built in 1981. Spectra officials told residents during the public meeting that the last pipeline test in 2012 didn't alarm the company, according to media reports. Vice President Andy Drake, who handles operations and environmental health/safety, said the line was expected to continue corroding at most at a rate of 2-3% per year until the next inspection, which was scheduled for 2019. Instead, he said, it likely corroded at an unprecedented rate of 10-15% per year.
The Pipeline and Hazardous Materials Safety Administration said earlier this year a preliminary investigation showed evidence of corrosion along two of the affected pipe's welds (see Daily GPI, May 4). A failed tape coating on the pipe at the site has also been installed at hundreds of points along the system. That outdated tape coating, Spectra said, contributed to the corrosion because it lost its ability to shield the metal.
As a result, the company will now inspect its pipelines every three years rather than every five or more. In June, the company said it would voluntarily conduct an assessment along the Penn-Jersey system's entire 263-mile stretch between Delmont, PA, and Lambertville, NJ (see Daily GPI, June 29). It has thus far identified 626 anomalies and excavated 400 of them, making repairs. None have matched the weaknesses at the incident site.
The company also said Tuesday the incident could lead to changes throughout the industry and prompt other midstream companies to more frequently inspect the pipes with the kind of tape coatings that were installed between the 1970s and 1990s. Pipelines have been under intense scrutiny since the deadly San Bruno, CA, explosion in 2010 (see Daily GPI, Aug. 19).
In a notice posted last week, Tetco said it would provide another update on the progress of its work plan on Thursday. The company has said the work is on track for full service by Nov. 1 for the winter heating season (see Daily GPI, Aug. 31).
http://www.naturalgasintel.com/articles/107744-spectra-confirms-significant-corrosion-led-to-pennsylvania-natgas-pipeline-explosion
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Herzog Technologies Launches Positive Train Control Solution
Sep 14, 2016 | Railway Technologies
US-based Herzog Technologies has unveiled a new Cloud-based positive train control (PTC) solution using technologies developed by Red Hat.
The new solution is powered by Red Hat Enterprise Linux, which provides backend services to the complex IoT system. In addition, Herzog has used Red Hat CloudForms and Red Hat Satellite to help manage systems and meet compliance of the solution.
With Red Hat’s open-source technologies, Herzog aims to offer railroads with the ability to more quickly adopt PTC technology, as well as enable safer and improved rail transportation.
Herzog Technologies further intends to help railroads with a cost-effective, open-source and Cloud-based PTC solution.
Red Hat platforms business unit vice-president and general manager Jim Totton said: “Our work with Herzog shows how Red Hat helps organisations across industries move to the hybrid cloud and embrace an IT environment that can drive real business value and results while remaining dynamic, highly scalable and more secure.
“By basing its Cloud-based PTC solution on Red Hat Enterprise Linux and our hybrid management technologies, Herzog can deliver the mission-critical reliability and flexibility needed to drive the sophisticated, intelligent networks to help modern railways enhance safety and transportation efficiency.”
The company said that its PTC solution has been designed to stop trains before certain types of collision and support rail safety initiative in the US.
http://www.railway-technology.com/news/newsherzog-technologies-launches-new-positive-train-control-solution-5005357
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EPA Drops 'Affirmative Defense' from Final Boiler Rule
Sep 14, 2016 | E&E Greenwire
By Sean Reilly
After more than three years, U.S. EPA is closing out work on requests from business groups and environmentalists to revisit various issues related to regulations on hazardous air pollutants from area source boilers.
A final package published in today's Federal Register doesn't change the regulations' scope or substantially affect the emission reductions that EPA predicted when issuing an amended version in early 2013, according to an agency summary. But EPA officials did agree to three changes in response to the reconsideration requests pertaining to fuel sampling for mercury and other technical issues.
To the dismay of industry groups, however, EPA dropped "affirmative defense" provisions that offered protection from lawsuits over emissions violations resulting from boiler malfunctions. That decision is among the latest in a series following a 2014 ruling by the U.S. Court of Appeals for the District of Columbia Circuit that EPA lacked authority to carve out such exemptions under the Clean Air Act.
While the Council of Industrial Boiler Owners (CIBO) and other organizations had urged EPA to instead create work-practice standards that would apply during breakdowns in place of emission rate limits, the agency declined to do so on the grounds that the issue "is outside the scope of this final reconsideration action," according to the package published today.
In an email this morning, Bob Bessette, president of CIBO, expressed appreciation for other changes in the package, saying they will help "in the ongoing application of the rule to improve both operation and the environment." Elimination of the malfunctions provisions "continues to be of great concern," he added.
At the American Wood Council, CEO Robert Glowinski sounded a similar note, calling it unfortunate that EPA did not account for malfunctions in setting the standard. But in a statement released by a spokeswoman, Glowinski said the council was pleased that EPA responded favorably to concerns over how generally available control technology for boilers "is implemented by area source boilers, especially during startup periods."
By EPA's definition, area source boilers are those that annually emit less than 10 tons of any one air toxic or less than 25 tons of any combination of such pollutants. The standards, originally issued in 2011, apply to about 183,000 industrial, commercial and institutional boilers nationwide.
The three reconsideration requests were filed in early 2013 after the agency issued the amended version. In late 2014, EPA officials formally agreed to take public feedback on five issues related to the standards (Greenwire, Dec. 2, 2014).
Under the standard 60-day timetable set by the Clean Air Act, any legal challenges to the package published today must be filed by Nov. 13 with the U.S. Court of Appeals for the D.C. Circuit.
http://www.eenews.net/greenwire/2016/09/14/stories/1060042834
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World Bank Tries to Revive Projects for Reducing Methane Emissions
Sep 14, 2016 | Wall Street Journal
By Nicole Friedman
The World Bank has a novel plan to jump-start projects aimed at cutting emissions of methane and other greenhouse gases: It is auctioning off financial contracts that give investors the right to sell a certain amount of emission reductions—known as carbon credits—to the bank at a fixed price over the next four years.
The bank has conducted two auctions focused on methane emissions already and is reviewing plans for a third auction focused on nitrous-oxide emissions.
By offering investors certainty in an especially volatile market, the World Bank says it is hoping to revive some of the hundreds of methane-emissions projects in the developing world that have been idled or abandoned following a sharp drop in the price of carbon credits.
Funded by the U.S., Switzerland, Germany and Sweden, the program highlights the continuing struggles of the global carbon-trading market established by the Kyoto Protocol of 1997. Under the system, projects that reduce emissions in the developing world produce carbon credits, which companies in industrialized nations can then buy to offset their own emissions.
At various times in 2008, carbon credits cost about €20 ($23) a ton of carbon. More recently, they plunged to less than 40 European cents a ton as supply sharply outpaced demand. The winning bidders in the first two World Bank auctions received price guarantees of $2.40 and $3.50 a carbon credit, respectively.
“Projects were started with the expectation that they could continue to sell their credits in order to sustain their operating expenses,” saysScott Cantor, a carbon-finance specialist at the World Bank. “When the price in the carbon market collapsed, these projects were thought to be stranded.”
Emissions of methane, a potent greenhouse gas, are expected to grow in the coming years. Cutting those emissions could help countries achieve the goal they set in Paris in December to limit global warming to 2 degrees Celsius above preindustrial levels.
A 2008 study identified 1,200 projects in Brazil, India, Indonesia and elsewhere that, if brought online, could cut emissions by a total of 850 metric tons from 2013 to 2020.
“Sometimes it’s very difficult to convince a project owner or a company director to invest in environmental assets,” says João Sprovieri,an associate engineer at Beng Engenharia, a consulting firm in São Paulo that participated in one of the auctions. With a guaranteed carbon price from the World Bank, “we see our clients being more interested in developing new projects, and…some old projects that we didn’t believe would be feasible anymore.”
One of the auction winners was a power plant in Ciudad Juárez, Mexico, that uses methane from landfill to generate electricity for public lighting. Héctor Rangel, executive director of Biogas de Juarez, the plant’s owner, says the guaranteed payments will help the plant expand to twice its current size.
The World Bank’s program is effective as a temporary measure to keep projects running, says Renat Heuberger, chief executive of the South Pole Group, an emissions-reduction project developer. After 2020, he says, new emissions-reduction regulations could be in place as countries strive to meet the goals they set in Paris. Those regulations could increase demand for carbon credits, pushing prices higher on the global market.
http://www.wsj.com/articles/world-bank-tries-to-revive-projects-for-reducing-methane-emissions-1473818461
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EPA Accused of Forcing High-Tech Air 'Opacity' Monitoring by Stealth
Sep 14, 2016 | Inside EPA
By Stuart Parker
Industry groups are accusing EPA of trying to force a wide swath of industry sectors to adopt new digital emissions "opacity" monitoring technology via a requirement in an obscure air toxics rule for the ferroalloy production sector -- while the agency's Environmental Appeals Board (EAB) has rejected a petition by the technology's creator seeking to force a Western power plant to use digital monitoring.
EPA recently proposed to reconsider a 2015 "risk and technology review" (RTR) rule governing production of ferroalloys, after the two companies producing the metals in the United States, Felman Production, LLC and Eramet Marietta, Inc., petitioned EPA to change various aspects of the rule. EPA is required to conduct RTRs eight years after a sector is first regulated for air toxics, and if it finds residual risks to health or new technology cost-effectively available to control emissions, to tighten the standards.
The companies in their petitions said that EPA in its 2015 rule introduced provisions without providing proper opportunity for public comment. EPA in the proposal therefore invited comment on three issues, including the requirement to demonstrate compliance with the shop building opacity standards using the digital camera opacity technique (DCOT) in accordance with American Society for Testing and Materials (ASTM) standard D7520-13. Opacity is a proxy for particulate matter emissions. EPA did not propose to tighten the actual emissions limits in the rule.
Although EPA also took comment on requirements relating to polycyclic aromatic hydrocarbon (PAH) performance testing and pressure monitoring for emissions control "baghouses," groups that submitted comments ahead of an Aug. 26 deadline for public input focused overwhelmingly on the DCOT requirement.
In her Aug. 26 comments, industry consultant Theresa Pugh says, "EPA hides the ball" by setting precedent for use of new digital camera technology in the rule, and argues "this is a violation of the Administrative Procedure Act" (APA).
Pugh tells Inside EPA that her comments are not crafted on behalf of any specific group. However, her comments reflect essentially the concern expressed in comments by the American Petroleum Institute (API), the American Iron and Steel Institute, the Utility Air Regulatory Group, Felman Production and Eramet Marietta themselves and the state of Ohio.
API in its Aug. 26 comments says, "API believes that EPA has failed to provide a robust scientific and policy argument for requiring DCOT as the sole technique for compliance determinations. In addition, API does not find EPA has properly assessed the impact of this requirement on the affected sources. And lastly, API is concerned about the Agency's stated intention to require this approach in other rules because those other affected sectors would not have known to engage in this rulemaking."
Emissions Technology
Industry groups and Ohio call on EPA to preserve Method 9, a visual observation method that does not require digital camera technology. Several groups say the DCOT technology is ill-suited to detecting the kind of emissions for which EPA wants to use it.
There is great concern that multiple industry sectors will have to use DCOT in the future and that EPA has not made this widely known. Also, critics say there is only one vendor for the technology at present, Virtual Technology LLC, prompting fears of price hikes, or equipment supply shortages in the event that something goes wrong at the company, industry groups note.
"EPA's assertion that 'once other vendors learn that EPA is starting to require DCOT in various rules and other actions' suggests that stakeholders throughout industry are expected to be impacted by the final Ferroalloys Production final rule. Based on the arguments presented it is reasonable for the regulated community to assume EPA will reference this rulemaking as a precedent. To prospectively indicate that EPA has already decided to require this in other various rules and actions calls into question the Agency's deference to the rulemaking process," API concludes.
However, environmental law firm Earthjustice on behalf of Neighbors for Clean Air, Ohio Citizen Action, and Sierra Club in Aug. 26 comments says EPA has both the right and the obligation under the Clean Air Act to require superior monitoring technology. "EPA may not ignore and could have no rational basis for ignoring the strong and scientifically-validated evidence supporting the use of DCOT because it is an example of the type of development the Act directs EPA to incorporate into emission standards as pollution control methods, including monitoring methods, advance over time," Earthjustice says.
EAB Decision
Meanwhile, EAB in an Aug. 30 decision rejected a petition by Shawn Dolan, the president of Virtual Technology, for EPA to object to an air permit modification that the agency's Region 9 issued to a Western coal-fired power plant. Dolan in his petition said that EPA should have required digital monitoring technology, but EAB says Dolan's petition is not germane to the permit, which pertains to a "refined coal treatment system" (RCTS).
EPA as the responsible permitting authority issued the minor source New Source Review (NSR) permit to the Salt River Project Agricultural Improvement and Power District for the construction and operation of the coal treatment system at its Navajo Generating Station on the Navajo Indian Reservation in Coconino County, AZ. The project would reduce emissions of some pollutants from the plant, but would increase truck traffic and dust emissions from unpaved local roads, EAB says.
Dolan in his petition claimed that the opacity monitoring methods required under the permit, the visual observation Methods 9 and 22, are inadequate. However, in their ruling in In re: Salt River Project Agricultural Improvement and Power District -- Navajo Generating Station, EAB Judges Mary Kay Lynch, Kathie A. Stein, and Mary Beth Ward say Dolan's petition is misplaced and fails to address the dust emissions at issue, deferring to Region 9's opinion.
The region "concluded that Petitioner's allegations of opacity violations from other existing emission sources at the facility that are not implicated in the NSR Permit at issue here do not support requiring a different method for monitoring opacity emissions and compliance for the RCTS," EAB says. Further, "nothing in the Petition demonstrates that the Region made a clear error of law or fact or abused its discretion in this technical determination." Hence the permit is lawful, EAB says.
"Whatever the Region may think of the merits of the alternative method for the entire facility, it did not deem it necessary for this project," EAB says. Any compliance issues related to opacity at the site relate to compliance with emissions requirements under the plant's existing air law prevention of significant deterioration permit, the region concluded.
Dolan in his petition asserted that the ferroalloys air toxics rule from 2015 requires use of digital camera monitoring for opacity, EAB says. However, EAB in a footnote to its opinion says, "Petitioner fails to demonstrate that this rule applies in the present context or dictates a different result."
http://insideepa.com/daily-news/epa-accused-forcing-high-tech-air-opacity-monitoring-stealth
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