Preview Newsletter
ACC PM 24/8/2017
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(ACC Mentioned) Canadian Trade Group Launches Tool to Report Rejected China Shipments
Aug 24, 2017 | Waste Dive
By Cole Rosengren
The Canadian Plastics Industry Association (CPIA) recently announced plans to launch a confidential online tool for North American companies to report any rejected scrap shipments to China. -
Facts, Fictions and Unknowns: What We Learned at the Legislature's GenX Hearing
Aug 24, 2017 | The Progressive Pulse
By Lisa Sorg
NCPW covered the epic investigative hearing on GenX, held by the Environmental Review Commission yesterday, which mixed fact — “All citizens deserve clean drinking water free of contaminants,” said Rep. Holly Grange — with fiction: “We’ve got fat kids” because of GenX and related compounds are endocrine disruptors, said one Wilmington citizen. -
US EPA Round-Up
Aug 24, 2017 | Chemical Watch
The US EPA has announced its negotiated rulemaking committee (NRC) for determining inorganic byproduct reporting requirements will meet on 13 and 14 September. -
US Alternative Testing Body to Discuss Strategic Roadmap
Aug 24, 2017 | Chemical Watch
The US Interagency Coordinating Committee on the Validation of Alternative Methods (Iccvam) will meet to discuss the strategic roadmap for the development and implementation of new non-animal tests it released in draft form in May, as well as implementation of the new TSCA. -
NGO Calls for More Research on Melamine's Neurology Effects
Aug 24, 2017 | Chemical Watch
US research NGO TEDX (The Endocrine Disruption Exchange) says analysis of the evidence that melamine exposure could have human health impacts beyond kidney function means research in this area should also focus on memory and learning. -
EPA permits formaldehyde labelling change for composite wood products
Aug 24, 2017 | Chemical Watch
Labelling relief will take effect 25 August allowing composite wood materials that meet new US EPA standards for formaldehyde emissions to be labelled as such before the requirements take effect. -
US EPA Gathering Information on Methylene Chloride in Furniture Refinishing
Aug 24, 2017 | Chemical Watch
The US EPA will hold a public workshop on the use of the paint remover methylene chloride in furniture refinishing to gather information that will inform a future regulation on the use. -
EPA Proposes Relaxed Air Toxics Rules for Laminate Resins
Aug 24, 2017 | Inside EPA
EPA is proposing to ease its national emissions standards for hazardous air pollutants (NESHAP) that apply to manufacturing of amino/phenolic resins (APRs) used in the production of laminates and plastic moldings, in response to industry petitions for reconsideration of the Obama-era NESHAP for the sector. -
Glyphosate Evidence "Disregarded"
Aug 24, 2017 | Horticulture Week
By Matthew Appleby
The Crop Protection Association has highlighted hitherto secret findings that find studies concluding glyphosate is safe, were unfairly disregarded. -
California Seeks Input on Alternatives Assessment Training
Aug 24, 2017 | Chemical Watch
California's Department of Toxic Substances Control (DTSC) is developing workshops and training opportunities on alternatives assessment under the Safer Consumer Products (SCP) programme. -
Canada Adds 15 Substances to Domestic Substances List
Aug 24, 2017 | Chemical Watch
The Canadian government has added 15 substances to the Domestic Substances List (DSL). -
NGOs Urge EU Ban on Substances in Detergents
Aug 24, 2017 | Chemical Watch
By Luke Buxton
ChemSec and European consumer organisation Beuc are urging the European Commission to implement bans on several substances used in detergents. -
UK Brexit Paper 'Reassuring' for Chemical Industry's Commitments
Aug 24, 2017 | Chemical Watch
By Luke Buxton
UK businesses "should not be required to duplicate" compliance activities, such as those obligations under EU chemicals regulations, when the country leaves the EU, the British government has said in its latest Brexit position paper. -
Harvey Intensifies as ‘Major Hurricane,’ with GOM Shut-Ins, Evacuations Underway
Aug 24, 2017 | Natural Gas Intelligence
ExxonMobil Corp., Royal Dutch Shell plc and Anadarko Petroleum Corp. had curbed natural gas and oil production at facilities in the Gulf of Mexico (GOM) as Tropical Storm Harvey was intensifying Thursday, bearing down on the Texas coast. -
U.S. Natural Gas: Don’t Overlook Mexico
Aug 24, 2017 | Barron's
By Crystal Kim
U.S. natural gas prices have been unable to close above $3 for a little over a month due, in part, to lower-than-expected cooling demand for what should've been a strong season. -
Judge Rules Firms Must Pay for La. Canal Erosion
Aug 24, 2017 | E&E Greenwire
A federal judge ruled this week that natural gas pipeline companies are on the hook for erosion on 20,000 acres of Louisiana wetlands. -
Data Reveal 'Evaporation of Criminal Enforcement'
Aug 24, 2017 | E&E Greenwire
By Amanda Reilly
The number of U.S. EPA cops on the beat has declined dramatically over the last dozen years, according to data released today by a watchdog group.
Industry and Association News
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Environment News
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(ACC Mentioned) Canadian Trade Group Launches Tool to Report Rejected China Shipments
Aug 24, 2017 | Waste Dive
By Cole Rosengren
Dive Brief: The Canadian Plastics Industry Association (CPIA) recently announced plans to launch a confidential online tool for North American companies to report any rejected scrap shipments to China. According to a 2015 study, as reported by Plastics News, up to 21% of recovered plastics in Canada are exported and China is a top buyer. Data collected through this tool will help assess the prevalence of rejected shipments while also providing a better understanding of how much domestic capacity is being used. Though as Joe Hruska, CPIA's vice president of sustainability, told Resource Recycling, this policy change still serves as an inspiration for facilities to ensure they're shipping cleaner material. CPIA will also be working with fellow members of the North American Plastics Recycling Alliance — including the Association of Plastic Recyclers, the American Chemistry Council and the Plastics Industry Association — as well as the Institute for Scrap Recycling Industries (ISRI) to develop alternative markets. Dive Insight:The Chinese scrap market has been tightening in recent years and reports indicate that authorities were already increasing their scrutiny leading up to July's broader scrap restriction announcement that evoked a new level of industry reaction. In the weeks since, China has begun to offer more details about why and how it will be implementing this. The country cites an interest in improving environmental standards as the main reason, though increasing the scope of its own domestic recycling market is also seen as the driving factor. Some clarification has been offered that shows more of a focus on post-consumer plastics and paper than industrial materials, but details remain vague and multiple industry groups are concerned.
ISRI recently submitted comments to the World Trade Organization calling for China to provide more details on the new policy and consider reversing it entirely. In the document, ISRI estimates that 18% of U.S.-China scrap trade worth more than $532 million per year will be affected by the policy. Like other industry groups, ISRI is making the case that this will be economically damaging for both countries and has expressed a willingness to help ensure cleaner material is exported, saying, "The U.S. recycling industry stands ready to help China to prevent deficient practices that harm the physical environment in China. The U.S. recycling industry also supports the Government of China’s efforts to improve domestic collection, processing and distribution of scrap materials and welcomes the opportunity to provide information and training on operational best practices..."
Some in the U.S. industry see this as an opportunity to increase investment in domestic processing infrastructure, but even if that does occur, export markets will still be needed. If the effects of China's new policy are as drastic as some expect then markets will expand in other countries as a result. Though because details are still unclear and markets are hard to predict it's too soon to know what will happen come 2018. With enough participation the new tool proposed by CPIA will help gather data that can offer much-needed perspective on how this will all play out.
http://www.wastedive.com/news/canadian-trade-group-launches-tool-to-report-rejected-china-shipments/503349/
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Facts, Fictions and Unknowns: What We Learned at the Legislature's GenX Hearing
Aug 24, 2017 | The Progressive Pulse
By Lisa Sorg
NCPW covered the epic investigative hearing on GenX, held by the Environmental Review Commission yesterday, which mixed fact — “All citizens deserve clean drinking water free of contaminants,” said Rep. Holly Grange — with fiction: “We’ve got fat kids” because of GenX and related compounds are endocrine disruptors, said one Wilmington citizen.
(Yes, scientific studies have shown that endocrine disruptors can contribute to obesity in some people, but this is a sweeping overgeneralization.)
Fact: The NC Department of Environmental Quality, according to Secretary Michael Regan, does have the statutory authority to set health goals and drinking water standards for GenX.
But, Regan said, “It’s a huge resource drain to go it alone. Do we have adequate data? There are a lot of gaps.”
Fiction: The legislature has no regulatory power over these standards. In fact, they do. Lawmakers could pass legislation setting a standard. They could direct DEQ to set a standard. They could also repeal the Hardison amendment, which makes it more difficult for state agencies to set more rigorous health and environmental standards. They could kill House Bill 162, which would further obstruct state agencies’ ability to regulate.
Unknown: Ambiguous federal and state laws, pose an uncertainty of whether Chemours would challenge the DEQ’s authority in court. And no ERC member could ask Chemours this question, or any question, at the hearing, because, as ERC co-chair Sen. Trudy Wade said, although company representative Michael Johnson originally agreed to appear, Chemours attorneys nixed that idea. So his seat, reserved at a table next to Regan, was empty.
Fact: Federal toxics law has failed to protect the environment and human health. ERC counsel Jennifer McGuinnis offered this piece of troubling data: Since the enactment of TSCA (Toxic Substances Control Act) in 1976, only five chemicals have been banned. Only four have been prohibited from coming to market — out of 23,000.
Congress did amend TSCA last year to add more transparency about the chemicals and to amp up safety standards.
Fact: GenX is only one of many toxic perfluoroctanic chemical compounds in the Cape Fear River. “We’re talking about a cocktail,” said UNC Wilmington professor Larry Cahoon. “Some of them are at levels far in excess of GenX.”
Unknown: The science on GenX and other emerging contaminants is slim. Some of it is even conducted and published by the regulated industries themselves — thus, they get the (usually positive) results they pay for.
Fact: Last November, DEQ’s Division of Water Resources and Assistant DEQ Secretary Tom Reeder were notified by NC State University professor Detlef Knappe that GenX was in the drinking water. He sent his scientific findings and requested a meeting. The meeting never happened.
Unknown: A more complete narrative of what Chemours, and before it, DuPont, told whom at DEQ when. Correspondence from 2002, when Bill Ross was secretary (he also filled in as acting secretary before Gov. Cooper appointed Regan earlier this year), showed that the company claimed the discharge of these chemicals was in a “closed loop system.” That would mean that no discharge would have left the plant or come into contact with the outside world.
It’s also unclear why senior DWR staff didn’t mention the November email to Regan. Regan told the ERC that GenX didn’t come to his attention until early June. “There was a lack of understanding on what GenX was,” Regan told the ERC. “This was something to revisit as staff got to it.”
Unknown: It’s unclear if Chemours adequately disclosed the nature of its discharge in its 2009 permit application. The permit itself, which expired last October (fact) mentions monthly monitoring for PFOAs in the plant’s effluent. But did Chemours go into more detail? Did it list the Chemical Abstract Service number for the pollutants? A CAS is like a chemical fingerprint, a unique identifier, said professor Cahoon.
Regan replied, “Our investigation will get to the bottom of it.”
Wilmington Mayor Bill Saffo pleaded with lawmakers and state officials to act quickly. “Citizens should know what’s in their drinking water,” he said. “We know the EPA has issued studies. They should be shared and the results should be given to us immediately. We need to find out the sources of these contaminants, where they’re are coming from. Nobody should be putting anything into the drinking water we don’t know about.”
Yes, that’s a fact.
http://pulse.ncpolicywatch.org/2017/08/24/facts-fictions-unknowns-learned-legislatures-genx-hearing/#sthash.ceHEVOQM.dpbs
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Aug 24, 2017 | Chemical Watch
Negotiated rulemaking meetingsThe US EPA has announced its negotiated rulemaking committee (NRC) for determining inorganic byproduct reporting requirements will meet on 13 and 14 September.
The new TSCA requires the agency to enter into a negotiated rulemaking to develop a proposed rule limiting the chemical data reporting (CDR) requirements for manufacturers of any inorganic byproduct chemical substances that are subsequently recycled, reused, or reprocessed.
The process was launched in December, with the objective of publishing a proposed rule by 22 June 2019. The agency convened meetings in June and August.
The committee will hear oral presentations at the Washington, DC meetings, and will accept written comments up to one week in advance.
Public meeting for IRIS RDX draft review
The US EPA's Science Advisory Board (SAB) has called a two-day public peer review meeting to examine its Integrated Risk Information System (IRIS) draft toxicological review of hexahydro-1,3,5-trinitro-1,3,5-triazine (RDX).
The Chemical Assessment Advisory Committee (CAAC) will hold its meeting on 29-30 August in Arlington, Virginia.
https://chemicalwatch.com/58049/us-epa-round-up
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US Alternative Testing Body to Discuss Strategic Roadmap
Aug 24, 2017 | Chemical Watch
The US Interagency Coordinating Committee on the Validation of Alternative Methods (Iccvam) will meet to discuss the strategic roadmap for the development and implementation of new non-animal tests it released in draft form in May, as well as implementation of the new TSCA.
The meeting will take place 18-19 September in Bethesda, Maryland.
https://chemicalwatch.com/58360/us-alternative-testing-body-to-discuss-strategic-roadmap
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NGO Calls for More Research on Melamine's Neurology Effects
Aug 24, 2017 | Chemical Watch
US research NGO TEDX (The Endocrine Disruption Exchange) says analysis of the evidence that melamine exposure could have human health impacts beyond kidney function means research in this area should also focus on memory and learning.
Melamine is a high production volume substance used in a wide range of consumer products including some intended specifically for food contact. These include tableware, food utensils and food packaging.
The scientists say the evidence is sufficiently robust for systematic review of the hazards endpoints in three categories:
· reproduction;
· neurology and behaviour; and
· anthropometric outcomes, which relate to body size and weight.
The evidence is most robust, they say, for systematic review of neurological and behavioural endpoints. They add that, if the systematic review were to suggest a relationship, there would already appear to be sufficient mechanistic research to support the the "biological plausibility" of effects of learning and memory.
The scientists identified 43 relevant studies, published in 2010 or later and covering a wide range of species and endpoints. Of these: 17 concerned reproduction; 16 neurology; 13 behaviour; and 20 anthropometric outcomes relating to body weight, body length and fetal growth.
TEDX's analysis, presented as a scoping review, has been accepted for publication in Toxicology Letters, a peer-reviewed journal. It was supported by funding from a group of NGOs including ChemSec, and produced in collaboration with the University of Colorado.Milk scandal
Melamine made news in 2008 when it was discovered to be the cause of illness and death among infants and children in China. Unscrupulous producers were adding the substance to powdered milk and baby formula to cheat quality tests based on protein content, as determined by nitrogen content. This led to urinary tract stones and kidney failure in affected individuals.
Following the scandal, the European Food Safety Authority (Efsa) lowered its tolerable daily intake (TDI) to 0.2mg per kg of body weight and the European Commission lowered the limit to 2.5mg per kg of food (mg/kg food) to align it with the new TDI.
In Europe the substance does not carry a mandatory classification, while according to the notifications provided by companies to Echa in REACH registrations no hazards have been classified.
In 2014, a Thai study suggested that repeatedly microwaving melamine-formaldehyde tableware could increase migration levels of methylol melamine derivatives. The researchers found that 25 heating cycles in a microwave, using acetic acid to simulate food, led to chemical releases exceeding EU migration limits. Further investigation revealed a lack of methylene linkages, indicating that the plastic may not have been cured fully.
https://chemicalwatch.com/58352/ngo-calls-for-more-research-on-melamines-neurology-effects
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EPA permits formaldehyde labelling change for composite wood products
Aug 24, 2017 | Chemical Watch
Labelling relief will take effect 25 August allowing composite wood materials that meet new US EPA standards for formaldehyde emissions to be labelled as such before the requirements take effect.
On 11 July, the agency published a direct final rule to remove a provision in the formaldehyde emissions final rule that prohibited early labelling of compliant products and finished goods manufactured before 12 December 2017.
As no adverse comments were received during the 14-day comment period, ending on 26 July, the direct final rule will take effect.
In its proposal, the EPA said the change would prevent supply chain disruption and "promote lower formaldehyde emitting products entering commerce earlier".
https://chemicalwatch.com/58364/epa-permits-formaldehyde-labelling-change-for-composite-wood-products
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US EPA Gathering Information on Methylene Chloride in Furniture Refinishing
Aug 24, 2017 | Chemical Watch
The US EPA will hold a public workshop on the use of the paint remover methylene chloride in furniture refinishing to gather information that will inform a future regulation on the use.
The 12 September workshop, to be held in Boston in collaboration with the Small Business Administration (SBA), aims to "facilitate an exchange of information on existing use practices and furniture refinishers' experience, in general, with paint removal products and methods."
On 19 January, the EPA issued a proposed rule under section 6 of TSCA that would restrict the use of methylene chloride and n-methylpyrrolidone (NMP) for all consumer and most types of commercial paint removal. However, it specifically excluded furniture refinishing.
The proposal said the EPA "is not proposing to regulate methylene chloride in commercial furniture refinishing at this time, but intends to propose such a regulation at a later date, after it obtains more information on this use".
That decision was influenced by input from the SBA's Office of Advocacy, an independent branch of the agency that represents the interests of small businesses in regulatory issues. The office is helping to organise outreach to small businesses and aims "to minimise the impact of these regulations on businesses in that sector," a spokeswoman told Chemical Watch.
The meeting notice anticipates that industry professionals, government officials, NGOs, furniture refinishing experts and academic experts will discuss current work practices, potential alternatives and economic impacts.
The EPA will be accepting comments on furniture refinishing until 12 November. The January proposed rule on methylene chloride indicates that the agency is considering requiring respiratory protection equipment as well as the alternative of an outright ban on its use in furniture refinishing.
Methylene chloride is being reviewed separately as one of the first ten priority substances subject to risk evaluation under the new TSCA. Furniture refinishing is included in the scope of the evaluation, according to a June "scoping document" identifying the uses of methylene chloride that will be assessed.
Methylene chloride is one of three substances on the list of ten that have already been assessed under the old TSCA and are the subject of proposed section 6 rules. In a 2014 assessment, the EPA concluded that the solvent can cause a range of adverse health effects or death in workers and consumers, including harm to the central nervous system, liver and kidney toxicity, and cancer.
The International Agency for Research on Cancer (Iarc) has assigned methylene chloride a Group 2A, "probably carcinogenic to humans", categorisation. Its use in paint strippers is restricted in the EU under REACH.
https://chemicalwatch.com/58365/us-epa-gathering-information-on-methylene-chloride-in-furniture-refinishing
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EPA Proposes Relaxed Air Toxics Rules for Laminate Resins
Aug 24, 2017 | Inside EPA
EPA is proposing to ease its national emissions standards for hazardous air pollutants (NESHAP) that apply to manufacturing of amino/phenolic resins (APRs) used in the production of laminates and plastic moldings, in response to industry petitions for reconsideration of the Obama-era NESHAP for the sector.
In an Aug. 24 Federal Register notice, the agency floats measures to ease compliance by industry with a 2014 NESHAP rule that imposed first-time emissions limits on certain emissions sources at plants making the resins.
Among the changes EPA proposes, based on new industry emissions data, is a new maximum achievable control technology (MACT) emissions “floor,” or limit, for certain vents in production facilities.
EPA's October 2014 NESHAP established an emissions limit for continuous process vents (CPVs) of 1.9 pounds of HAP per ton of resin produced.
But industry petitioners Tembec BTLSR and Georgia-Pacific argued that for some CPVs known as “back-end” CPVs, this limit is not achievable.
In the Register notice, the agency says, “As a result of its analysis, the EPA has determined that an appropriate MACT floor for back-end CPVs is 8.6 lb of HAP per ton of resin produced."
The agency further proposes an extended compliance period for plants to implement the proposed new emissions limit. The existing rule has a compliance deadline of Oct. 9, 2017, with the possibility of a one-year extension, but EPA is taking comment on whether this is a long enough compliance extension.
“If it is appropriate to establish a different compliance date, we are soliciting comments on an appropriate date, such as a date 18 months after promulgation of the revised standards, the date 18 months beyond the original October 9, 2017, compliance date, or some other date,” EPA says.
The agency is further taking comment on whether it would be appropriate to subcategorize “front-end” CPVs in order to apply separate MACT floors to them, a practice often opposed by environmentalists because it makes compliance easier by in effect softening emissions limits for some subcategories.
Also, EPA is proposing separate, weaker work practice standards from those already in effect, during periods of routine maintenance. “The proposed amendments would permit owners and operators of fixed roof tanks at new and existing affected APR sources to bypass the emission control system for up to 240 hours per year during planned routine maintenance of the emission control system,” EPA says, resulting in “slightly higher” HAP emissions.
EPA appears to have rejected claims made by Sierra Club in its petition for reconsideration of the MACT rule that its methodology was flawed and emissions limits too weak.
The agency says its proposed changes should save industry some $ 2.1 million per year in compliance costs compared to the original rule, or half the annual cost estimated for the original rule.
https://insideepa.com/daily-feed/epa-proposes-relaxed-air-toxics-rules-laminate-resins
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Glyphosate Evidence "Disregarded"
Aug 24, 2017 | Horticulture Week
By Matthew Appleby
The Crop Protection Association has highlighted hitherto secret findings that find studies concluding glyphosate is safe, were unfairly disregarded.
The CPA said the evidence from a court case in the US showed that two scientific studies from Germany were overlooked by the International Agency for Research on Cancer (IARC), which linked the weedkiller to cancer in 2015.
IARC’s processes have been "shown to be seriously flawed", said the CPA. A study from German scientist Helmut Greim which showed no connection between glyphosate and cancer in 14 lab rats, and which the IARC received a full month in advance only sent to the decision-making committee 24 hours before it met, giving experts no time to examine its findings.
The European Chemicals Agency (ECHA) and European Food Safety Agency (EFSA), have concluded glyphosate, which is under review by the European Commission is safe for use.
https://www.hortweek.com/glyphosate-evidence-disregarded/fresh-produce/article/1442885
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California Seeks Input on Alternatives Assessment Training
Aug 24, 2017 | Chemical Watch
California's Department of Toxic Substances Control (DTSC) is developing workshops and training opportunities on alternatives assessment under the Safer Consumer Products (SCP) programme. A survey, collecting data identifying interested stakeholders and the topics they would like to see addressed, is on the DTSC website until 22 September.
Under the SCP, manufacturers of products designated by the agency as priority products must develop an alternatives analysis (AA). Completed analyses will inform the DTSC's regulatory response. A final version of guidance for completing an AA was released in June.
Industry representatives have argued that the guidance lacks specificity. At a July meeting, some members of the Green Ribbon Science Panel (GRSP) – which advises the DTSC – agreed.
https://chemicalwatch.com/58359/california-seeks-input-on-alternatives-assessment-training
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Canada Adds 15 Substances to Domestic Substances List
Aug 24, 2017 | Chemical Watch
The Canadian government has added 15 substances to the Domestic Substances List (DSL).
Six were added to part 1 of the list, while seven others were added to part 3.
The remaining two substances are subject to significant new activity (Snac) provisions, due to their potential human health concerns. These were added to part 4.
The government has also updated the masked names of two substances on part 3 of the list, to "correct typographical errors".
The DSL is an inventory of substances in the Canadian marketplace. Those that are not on the list are considered new and are subject to notification and assessment requirements before they can be manufactured in or imported into Canada.
https://chemicalwatch.com/58353/canada-adds-15-substances-to-domestic-substances-list
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NGOs Urge EU Ban on Substances in Detergents
Aug 24, 2017 | Chemical Watch
By Luke Buxton
ChemSec and European consumer organisation Beuc are urging the European Commission to implement bans on several substances used in detergents.
They are calling for the immediate phase out of microplastics and other polymers in all detergents and want further studies on the effects polymers have on the aquatic environment and sludge from wastewater treatment plants.
Controls on microplastics are increasing globally with Canada recently banning them in cosmetics and South Korea proposing to do so. And in the EU, the European Commission has banned them under stricter limits in its Ecolabel criteria for cleaning products.
Alongside member states, industry associations and other NGOs, ChemSec and Beuc have submitted their comments to the Commission's consultation on the detergents Regulation. This is part of the evaluation and fitness check to assess whether it is achieving its objectives.
In their responses, ChemSec and Beuc say the Commission should also introduce limits on phosphatesin detergent products for professional users that are equivalent to those in consumer products. And, they say, there is an assumption that all professional users have access to wastewater treatment facilities, but this is "false" and "not substantiated".
The NGOs are also seeking a restriction on the use of substances listed as contact allergens in humans. They say clear labels should inform consumers where such substances are present.Harmonisation
And some stakeholders say restrictions on certain substances used in detergents should be aligned with other European chemicals regulations, such as the cosmetics Regulation.
REACH identifies substances in CMR category 1 and 2 as SVHCs and specifically mentions these classifications as a reason for restricting use in specific articles, ChemSec says.
But controls on CMRs in cosmetics are not as straightforward. Member states recently contested an October 2016 Commission confirmation that CMRs are not automatically banned for use in cosmetics products, if they have a mandatory classification as such under the CLP Regulation.
Article 15 of the cosmetics Regulation says in general that category 1 and 2 CMR substances are prohibited for use in cosmetics. However, there are exemptions. Category 2 can be used if deemed safe by the European Commission's Scientific Committee for Consumer Safety (SCCS). Category 1 can be used if the SCCS decides it would be safe, and if three other criteria set out in the Article are also met.
ChemSec says the Commission should introduce restrictions on use of substances classified as CMR category 2 in the detergents Regulation to "close [the] gap and ensure coherence" with the cosmetics Regulation, as well as with REACH.
Alongside Beuc, it is also calling for a generic ban on detergent ingredients identified as SVHCs under REACH. And isothiazolinones need to be limited to "at least the same level" as that set in the cosmetics Regulations for detergents with a similar skin contact as rinse-off cosmetics, they say. This would include, for example, hand dishwashing detergents.
In addition, preservatives and colouring agents that meet the CLP criteria for classification as being hazardous for the environment and health should be avoided or strictly limited, they add.
In its response, Germany's federal environment agency (UBA) says that to harmonise the regulation of surfactants across different legislation, those used in cosmetics should be covered by the detergents Regulation too.
It adds that making ingredient datasheet information available to environment authorities will help them establish more targeted water monitoring programmes. This, they say, "might result in the identification of certain potentially problematic ingredients and their restricted use".
https://chemicalwatch.com/58350/ngos-urge-eu-ban-on-substances-in-detergents
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UK Brexit Paper 'Reassuring' for Chemical Industry's Commitments
Aug 24, 2017 | Chemical Watch
By Luke Buxton
UK businesses "should not be required to duplicate" compliance activities, such as those obligations under EU chemicals regulations, when the country leaves the EU, the British government has said in its latest Brexit position paper.
The paper, Continuity in the availability of goods for the EU and the UK, says that in preparation for placing goods on the single market, businesses will have undertaken a number of "complex, lengthy and often costly" procedures to ensure that goods and practices are compliant with European legislation.
It mentioned chemicals as an example in its suggestions for ensuring trade in goods and services can continue after Brexit. "This could include, for example, undergoing an inspection by an EU-recognised body to ensure production is in accordance with good manufacturing practice or collecting and submitting data on the hazards and risks of a chemical substance."
The Chemical Industries Association says Whitehall's suggestion is "exactly the right approach". It acknowledges "the need for chemical businesses to be reassured that significant regulatory commitments and related costs, such as those already undertaken under REACH, will remain valid after exit from the EU," chief executive Steve Elliott says.
And, he says, with 60% of UK exports going to the EU and 75% of imports coming from it, "it is absolutely essential" that UK chemical businesses can continue to trade both finished goods and raw materials "without any disruption" during an appropriate transition period.
Furthermore, he says, the UK needs to take account of the relationship after the Brexit transition and current discussions should prepare for that. Accepting the "ongoing validity" of all pre-Brexit registration activities "marks a significant step in securing that outcome".
The British Coatings Federation has also backed the government move to continue "free and frictionless" trade with the EU. In an industry survey earlier this year, more than 70% of the coatings sector said a UK chemical regulatory system would be bad for business. "We welcome the government's acknowledgement" that regulatory and compliance costs should not be duplicated after Brexit, CEO Tom Bowtell says.Certainty lacking
Meanwhile, technology trade association techUK says the paper "gives certainty" for products already on the market, but does not offer any for products or substances in development. "Manufacturers are planning their 2019-20 product ranges now and need answers on how the UK will recognise 2018 REACH registrations, access Echa data, and more widely how EU laws such as RoHS, WEEE and CE marking will apply."
In another paper issued last week, the government proposed an interim customs union agreement after Brexit. This, CIA said, could bring about regulatory uncertainty.
https://chemicalwatch.com/58354/uk-brexit-paper-reassuring-for-chemical-industrys-commitments
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Harvey Intensifies as ‘Major Hurricane,’ with GOM Shut-Ins, Evacuations Underway
Aug 24, 2017 | Natural Gas Intelligence
ExxonMobil Corp., Royal Dutch Shell plc and Anadarko Petroleum Corp. had curbed natural gas and oil production at facilities in the Gulf of Mexico (GOM) as Tropical Storm Harvey was intensifying Thursday, bearing down on the Texas coast.
Harvey’s winds were near 115 mph, which would put it near Category 3 status, according to the National Hurricane Center (NHC). It was expected to make landfall along the middle Texas coast sometime late Friday.
In its 10 a.m. CDT update, the NHC said Harvey was near latitude 24.0 North, longitude 93.3 West, moving toward the north-northwest near 10 mph. “A turn toward the northwest” was expected later Thursday, with its forward speed forecast to slow down during the next couple of days.
“On the forecast track, Harvey will approach the middle Texas coast on Friday and make landfall Friday night or early Saturday, and then stall near the middle Texas coast through the weekend,” forecasters said.
“Data from the Hurricane Hunter plane indicate that maximum sustained winds have increased to near 65 mph with higher gusts,” the NHC said. “Rapid strengthening is forecast, and Harvey is expected to become a major hurricane before it reaches the middle Texas coast.”
A hurricane warning was in place for Port Mansfield to Matagorda, with a hurricane watch in effect for south of Port Mansfield to the mouth of the Rio Grande. A tropical storm warning was in effect for north of Matagorda to High Island, near Galveston, and from south of Port Mansfield to the mouth of the Rio Grande.
Natural gas analytics firm Genscape Inc. on Thursday morning was already observing production impacts in the GOM.
“Spring Rock daily pipe production data shows GOM production has averaged 2.83 Bcf/d over the past two weeks. As of timely cycle today’s gas day (Aug. 24), nominations were showing production drops at several locations, putting GOM production at roughly 2.4 Bcf/d,” Genscape analysts said.
According to Genscape, that includes the Discovery system, where total production is down 272 MMcf/d; Transco where receipts at the Perdido M1761 MP 7863 meter were down 156 MMcf/d; Tetco, which showed a 43 MMcf/d day/day drop at the Chevron Corp.’s Venice, LA processing plant; and Destin, which showed a 29 MMcf/d day/day drop at the MC254 Delta House gathering meter.
PointLogic Energy said in a Thursday morning report to clients that “the potential flooding could cause a large disruption in refining and could force down natural gas production. The storm could also disrupt liquefied natural gas exports from the Sabine Pass facility.
“...When Tropical Storm Cindy hit the nearby area in June, Gulf of Mexico and Texas combined gas production dropped by over 600 MMcf in a single day. Current Houston Ship Channel gas prices are just below $3.00/MMBtu and if there is a significant production disruption in the area, those prices could edge higher. The saving grace to a potential large scale production drop is that power demand is expected to be down by nearly 4 Bcf on [Thursday] Aug. 24 and continue to drop through the weekend as the storm, the weekend effect and cooler temperatures in the middle of the country lessen the power load for air conditioning during the duration of the storm.”
BTU Analytics’ Andrew Bradford echoed those sentiments, saying while he was not so concerned with losing production at the wellhead in Texas and Louisiana, he had concerns about gas processing plants getting flooded and therefore impacting production.
For a storm surge expected along the coast, gas processing plants and oil refineries could take a big hit, as 55% of gas processing capacity and 45% of the nation’s oil refining capacity is along the Gulf Coast, mostly in Texas.
“The other concern is what if Mont Belvieu shuts down due to flooding, Bradford said. “This happened during Hurricane Ike. This would impact production all way back into the Rockies and Midcontinent.”
Indeed, Southern Union Gas Services, the company's gathering and processing business, was forced to shut in its processing plants and attendant production for approximately a week after Ike hit.
Harvey would be the first hurricane to make landfall in the Lone Star state since Hurricane Ikestruck southeast Texas in 2008. Ike slammed into Galveston as a Category Two hurricane with winds that destroyed nearly a dozen offshore production platforms and caused the largest blackout in Texas history, affecting as many as five million people from Texas into Louisiana.
ExxonMobil is in the process of reducing production from the Hoover facility offshore. It also was working on transportation for staged evacuation of personnel from offshore facilities expected to be in the path of the storm.
Shell was evacuating all personnel from the Perdido platform as a precaution. The Perdido development is able to produce annual peak production of more than 200 MMcf/d of natural gas and 100,000 b/d of oil. The first producing platform in the promising Lower Tertiary Trend, the development is in a frontier area in the deepest waters of the GOM and is furthest from shore.
Anadarko also has shut in some GOM production and was evacuating workers.
“We continue to closely monitor the weather conditions in the Gulf of Mexico, and given the potential path of Harvey, we have safely removed all personnel and temporarily shut in production at our operated Boomvang, Gunnison, Lucius and Nansen facilities,” an Anadarko spokesperson said. “These facilities will remain shut in until the weather has cleared and it is safe to return our people to these offshore locations. We will continue to track Harvey and are prepared to remove additional personnel and shut in other operated facilities in the Gulf if necessary.”
The GOM has been reduced in importance as U.S. onshore production has surged, but it still is home to around 17% of the nation’s crude oil output and 5% of dry gas production, according to the Energy Information Administration.
Between 10-15 inches of rain are expected from the central Texas coast to southwestern Louisiana, with some areas receiving up to 20 inches of rain, according to the NHC.
"Heavy rainfall is likely to spread across portions of eastern Texas, Louisiana, and the lower Mississippi Valley from Friday through early next week and could cause life-threatening flooding," the NHC said.
Texas Gov. Greg Abbott has declared a state of disaster for 30 counties ahead of the storm.
In Corpus Christi, where refining and petrochemical expansions are underway, city officials warned residents to expect a storm surge of four to six feet. It had begun distributing sandbags to residents.
http://www.naturalgasintel.com/articles/111501-gom-shut-ins-evacuations-underway-as-harvey-heads-to-texas
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U.S. Natural Gas: Don’t Overlook Mexico
Aug 24, 2017 | Barron's
By Crystal Kim
U.S. natural gas prices have been unable to close above $3 for a little over a month due, in part, to lower-than-expected cooling demand for what should've been a strong season.
United States Natural Gas (UNG) has been declining so far this year and now trades near the lower end of its 52-week range. But winter is coming, and RBC Capital Markets analyst Christopher Louney sees upside to gas prices. He expects Henry Hub prices to average $3.08/MMBtu this year and $3.18/MMBtu in 2018.
In a note published Thursday morning, Louney wrote that Mexican demand for U.S. natural gas should not be ignored. In May, monthly pipeline exports to Mexico represented 51% of total U.S. gas exports and liquefied natural gas exports to Mexico accounted for another 4% of the total, according to U.S. Energy Information Administration data. While risks abound, Mexico, he says, is a source of growing demand. He explained:
Mexico, which currently imports north of 4 Bcf/d of pipeline gas from the US, has embarked on an ambitious and well-documented liberalization of domestic energy markets, building-out of gas transportation infrastructure, and new enduse
demand, largely in the form of a buildout of gas-fired power generation.Our baseline expectations are that during peak demand season, Mexican pipeline imports will cross the 5 Bcf/d mark in 2018, with total imports (pipeline and LNG) from the US averaging around 4.7 Bcf/d and 4.9 Bcf/d in 2017 and 2018, respectively. These forecasts are partially inclusive of, but still subject to further, risks. While capacity on the US side of the border appears ample, flows are subject to downstream constraints with pipelines in Mexico subject to delays averaging three months. Additionally, with NAFTA renegotiation talks having just kicked off, there are risks that, due to either
actual policy changes or sentiment, the longer-term appetite to become ever more dependent on US supplies may be diminished and does merit watching.http://www.barrons.com/articles/u-s-natural-gas-dont-overlook-mexico-1503584765
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Judge Rules Firms Must Pay for La. Canal Erosion
Aug 24, 2017 | E&E Greenwire
A federal judge ruled this week that natural gas pipeline companies are on the hook for erosion on 20,000 acres of Louisiana wetlands.
The companies must either repair some of the erosion that has happened since 1953 along pipeline canals or offer the landowner compensation.
The ruling could set a precedent for how erosion caused by other pipeline canals will be handled, if it is upheld on appeal.
The wetlands are owned by New Orleans-based Vintage Assets Inc. in the Breton Sound Basin. The ruling did not say whether any money awarded to Vintage Assets would have to be spent on wetland restoration, though the trust that controls Vintage Assets has said it plans to use any money received for that purpose.
A trial starts next month to determine how much damage the canals caused and how losses will be compensated.
The canals were built by Southern Natural Gas Co. LLC and Tennessee Gas Pipeline Co. LLC, both Kinder Morgan Inc. subsidiaries, and High Point Gas Transmission LLC and High Point Gas Gathering LLC (Mark Schleifstein, New Orleans Times-Picayune, Aug. 23). — CS
https://www.eenews.net/greenwire/2017/08/24/stories/1060059156
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Data Reveal 'Evaporation of Criminal Enforcement'
Aug 24, 2017 | E&E Greenwire
By Amanda Reilly
The number of U.S. EPA cops on the beat has declined dramatically over the last dozen years, according to data released today by a watchdog group.
EPA has less than half the special agents in its Criminal Investigation Division than it had in 2003, said Public Employees for Environmental Responsibility.
As the number of agents declined, so have criminal cases and successful prosecutions.
PEER obtained the EPA data through a Freedom of Information Act request.
"This evaporation of criminal enforcement is snowballing in that fewer agents generate fewer cases leading to ever-fewer convictions down the road," PEER Executive Director Jeff Ruch said in a statement.
"The spigot sustaining complex corporate anti-pollution prosecutions — which take years from genesis to fruition — is being turned off at the source," he said.
Since 2012, the number of EPA special agents has fallen from 175 to 147, the data show.
During that time, the amount of new criminal cases opened by the Criminal Investigation Division has shrunk by two-thirds.
The number of criminal convictions has also declined. EPA is on pace to obtain fewer than 140 convictions this fiscal year, about the same as last year and a drop from 213 in fiscal 2013, the group said.
The decline has been especially dramatic in cases involving the Clean Water Act and Clean Air Act enforcement actions. The Criminal Investigation Division opened 15 air cases in fiscal 2016, the last full year for which data are available, down from 97 in fiscal 2012. Clean Water Act cases have fallen by about two-thirds during that time.
PEER says it expects the case decline to continue during the Trump administration. The numbers, the group says, don't include agency buyouts that are expected next month.
EPA didn't respond to a request for comment on the PEER report.
Earlier this month, another environmental group released a report showing EPA enforcement had plummeted during the first six months of the Trump administration.
The Environmental Integrity Project found EPA and the Justice Department had imposed $12 million in fines and local governments under consent decrees settling pollution violations, down 60 percent from the average of the last three administrations (Greenwire, Aug. 10).
https://www.eenews.net/greenwire/2017/08/24/stories/1060059163
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