Preview Newsletter
ACC PM 27/10/17
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(ACC Mentioned) Commodity Resin Prices Increase
Oct 27, 2017 | Plastics News
By Frank Esposito
Average North American selling prices for polyethylene, suspension PVC and solid polystyrene resins each have moved up 3 cents per pound since Oct. 1, with regional prices for polypropylene ticking up by 1 cent as well. -
(ACC Mentioned) Niacet Begins Supplying High-Purity Anhydrous Hydrogen Chloride
Oct 27, 2017 | Semiconductor Today
fter producing and supplying technical-grade AHCl (anhydrous hydrogen chloride) since 2013, Niacet Corp of Niagara Falls, NY, USA (a member of the American Chemistry Council with ISO 9001 and GMA Safe certifications that produces organic salts for the food, pharmaceutical, electronics and technical industries) has entered the high-purity AHCL business serving the pharmaceutical and semiconductor industries. -
'You Avoid Fake News That Way': New York Times Reporter Socks It to EPA Press Office
Oct 27, 2017 | The Washington Post
By Erik Wemple
n preparation for a long-form investigation of the Environmental Protection Agency’s approach to chemical regulations, New York Times reporter Eric Lipton needed confirmation on a particular fact — namely, that Michael Dourson, the president’s choice to head up the Office of Chemical Safety and Pollution Prevention, was already at work before securing Senate confirmation, as first reported by E&E News. So he sent an email to Liz Bowman, of the EPA’s press shop. -
(ACC Mentioned) EPA Won't Protect Americans Against Breast Cancer
Oct 27, 2017 | The Hill
By Kathryn Rogers
Under the Trump administration and Administrator Scott Pruitt, the Environmental Protection Agency is giving less scrutiny to toxic chemicals that are making Americans sick. This is especially concerning for breast cancer, where exposure to environmental chemicals is a key risk factor for the development of disease. -
Beauty and the Beast: Fix Broken Cosmetics Law with Real Reform, Not Loopholes
Oct 27, 2017 | Environmental Working Group
By Melanie Benesh
Federal law on cosmetics and other personal care products is badly broken and has not been updated for nearly 80 years. This year, senators have introduced two bills to update the law – but the proposals couldn’t be more different. -
(ACC Mentioned) After 10 Years and Bankruptcy Filing, LyondellBasell Leading Gulf Petrochemical Boom
Oct 27, 2017 | Houston Chronicle
By Jordan Blum
Ten years ago, Lyondell Chemical was targeted by a Soviet-born billionaire willing to vastly overpay for it as he sought to create a global petrochemical giant by merging the Houston chemical maker with his own company in Europe. -
Flow Data Show Cheniere’s Sabine Drawing From Rover Volumes
Oct 27, 2017 | Natural Gas Intelligence
By Jeremiah Shelor
In its first few months of service, the Rover Pipeline has opened up a route connecting Marcellus and Utica shale natural gas to liquefied natural gas (LNG) exports at Cheniere Energy Inc.'s Sabine Pass terminal, and it's shifted how gas flows between Appalachia and the Gulf Coast in the process, according to RBN Energy LLC. -
Shareholder Opposition Sinks Huntsman-Clariant Merger
Oct 27, 2017 | Fuel Fix
By Jordan Blum
Growing opposition from shareholder activists forced the termination of the $15 billion chemicals merger of The Woodlands' Huntsman Corp and Swiss-based Clariant. -
Huntsman and Clariant Halt Chemicals Merger, Citing Investor Revolt
Oct 27, 2017 | The New York Times
By Chad Bray
Two of the world’s leading chemical manufacturers, the Huntsman Corporation and Clariant of Switzerland, terminated a planned multibillion-dollar merger on Friday, bowing to pressure from activist investors who opposed the deal. -
House Bill Introduced to Extend Tax Credits to Biogas, WTE Projects
Oct 27, 2017 | Waste Dive
By Cody Boteler
Rep. Elise Stefanik, R-NY, recently introduced H.R. 4137, a measure that would extend tax credits for electricity produced from a number of renewable sources, including biogas and waste-to-energy. -
Senate Dems Join Bill to Toughen Permitting, Ease Litigation
Oct 27, 2017 | E&E Greenwire
By Arianna Skibell
The top Democrat on the Environment and Public Works Committee along with 10 others have signed onto a bill to protect minority and vulnerable communities from disproportionate environmental degradation. -
Bipartisan Proposal Pushes Climate Disclosure
Oct 27, 2017 | E&E Energywire
By Pamela King
Rep. Alan Lowenthal this week introduced a second push to increase transparency at the Interior Department. -
Senate Dems Say Pruitt Used 'Mathematical Sleights of Hand'
Oct 27, 2017 | E&E Climatewire
By Niina Heikkinen
Senate Democrats want more details from U.S. EPA Administrator Scott Pruitt about how his agency crunched numbers to justify its plans to repeal a major Obama-era climate rule. -
N.D. Urges Court to Scrap EPA-Enviro Settlement on Waste
Oct 27, 2017 | E&E Energywire
By Ellen M. Gilmer
North Dakota lawyers are urging a federal court to toss a settlement reached between U.S. EPA and environmentalists last year over the regulation of oil and gas waste.
Industry and Association News
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(ACC Mentioned) Commodity Resin Prices Increase
Oct 27, 2017 | Plastics News
By Frank Esposito
Average North American selling prices for polyethylene, suspension PVC and solid polystyrene resins each have moved up 3 cents per pound since Oct. 1, with regional prices for polypropylene ticking up by 1 cent as well.
These hikes were caused by higher raw material prices and by some lingering supply and shipping disruptions from Hurricane Harvey, which hit the Texas coast in late August.
The PE increase comes after prices jumped a total of 7 cents in September and October. Because of varied implementation dates, some buyers may not see the additional 3 cents until Nov. 15, market sources said.
Tight PE supplies in the post-hurricane PE market have helped price increases take hold. Chevron Phillips Chemical's Cedar Bayou plant in Baytown, Texas, remains out of production.
U.S./Canadian PE sales were mixed in the first nine months of 2017, according to the American Chemistry Council. Sales of high density PE were down 5 percent, as a domestic sales gain of more than 1 percent was wiped out by a drop of almost 27 percent in exports.
Low density PE sales ticked up almost 2 percent in those nine months, with a domestic sales drop of 1.5 percent negated by an export sales gain of 12 percent. In linear low density PE, regional sales were flat, as domestic growth of almost 3 percent was lowered by an 8 percent drop in exports.
The 3-cent PS hike for October marked the second consecutive month that prices had climbed by that amount. Some production of benzene, which is used to make styrene monomer, had been affected by Harvey.
North American PS sales fell more than 1 percent in the first nine months of 2017. A domestic sales loss of almost 2 percent was softened a bit by a boost of almost 8 percent in exports.
PS maker Americas Styrenics has announced a 2-cent increase attempt for Nov. 1.
After being flat for six consecutive months, PVC prices moved up 3 cents in October, as suppliers were able to get most of a 5-cent hike they'd been seeking. Market sources said lower export prices prevented the full 5 cents from taking hold. The regional PVC market continues to work through some post-storm supply issues.
U.S./Canadian PVC sales managed growth of almost 2 percent in the first nine months of 2017. Domestic sales growth of almost 4 percent was weakened by an export sales loss of 3 percent.
In PP, the 1-cent hike was tied to higher prices for polymer-grade propylene (PGP) feedstock, but was less than some market watchers had expected in the wake of the storm. Regional PP prices had jumped 7 cents in September, as PGP was in very short supply because of storm-related production issues.
North American PP sales essentially were flat in the first nine months of 2017. Domestic sales grew more than 1 percent, while exports slipped almost 30 percent.
http://www.plasticsnews.com/article/20171027/NEWS/171029915/commodity-resin-prices-increase
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(ACC Mentioned) Niacet Begins Supplying High-Purity Anhydrous Hydrogen Chloride
Oct 27, 2017 | Semiconductor Today
After producing and supplying technical-grade AHCl (anhydrous hydrogen chloride) since 2013, Niacet Corp of Niagara Falls, NY, USA (a member of the American Chemistry Council with ISO 9001 and GMA Safe certifications that produces organic salts for the food, pharmaceutical, electronics and technical industries) has entered the high-purity AHCL business serving the pharmaceutical and semiconductor industries. The high-purity ULSI product (with minimum purity of up to 99.999%+) will be available from its new manufacturing unit in Niagara Falls.
To complement this investment, Niacet purchased the anhydrous hydrogen chloride packaging and distribution business of Alexander Chemicals. Niacet is now offering a full range of packaging options, from cylinders to tube trailers, for the technical, pharmaceutical and semiconductor industries.
http://www.semiconductor-today.com/news_items/2017/oct/niacet_271017.shtml
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'You Avoid Fake News That Way': New York Times Reporter Socks It to EPA Press Office
Oct 27, 2017 | The Washington Post
By Erik Wemple
In preparation for a long-form investigation of the Environmental Protection Agency’s approach to chemical regulations, New York Times reporter Eric Lipton needed confirmation on a particular fact — namely, that Michael Dourson, the president’s choice to head up the Office of Chemical Safety and Pollution Prevention, was already at work before securing Senate confirmation, as first reported by E&E News. So he sent an email to Liz Bowman, of the EPA’s press shop. The inquiry, which was shared with the Erik Wemple Blog:
Subject: Can you confirm re Dourson, re adviser to the administrator.
1) Can you confirm this please. “Dr. Dourson’s title is adviser to the administrator,” an EPA spokesman said yesterday evening.
2) Can you tell me what day he started in this role, please.
Thanks in advance
Eric
Bowman replied:
1) Can you confirm this please. “Dr. Dourson’s title is adviser to the administrator,” an EPA spokesman said yesterday evening.
We will refer you to this story in USA Today: https://www.usatoday.com/story/news/nation-now/2017/10/18/controversial-nominee-not-yet-confirmed-already-working-trumps-epa/778310001/
2) Can you tell me what day he started in this role, please.
E&E News reported this and you should cite them: https://www.eenews.net/assets/2017/10/19/document_gw_05.pdf
That’s upside-down PR-ing. Lipton was seeking the official word from a federal agency, not Internet news links. In the experience of the Erik Wemple Blog, spokespeople generally thank reporters for seeking official confirmation of already reported facts. It saves them the labor of having to seek corrections and retractions of bogus stories that get published and aggregated.
In that spirit, Lipton replied:
Thanks for this.
So that to me is confirmation from the EPA that he is working at EPA and that he arrived this week.
Appreciate your help.
Eric
Jahan Wilcox, who works in the EPA communications office, then jumped in to offer this thought:
If you want to steal work from other outlets and pretend like it’s your own reporting that is your decision.
Lipton:
My job is to get direct confirmation of facts.
I do not rely on other news outlets, repeating what they have reported, without getting direct confirmation.
You avoid Fake News that way.
Bowman:
So that to me is confirmation from the NYT that Eric Lipton will be properly quoting his sources (USA Today and E&E News).
Wilcox (cc’ing reporters from USA Today and from E&E News):
Adding the two outlets who you want to steal their work from to this email.
As it happened, Lipton’s story didn’t cite either of these stories in connection with Dourson. However, it was a 6,000-word investigation of the EPA, of which this personnel matter was a teeny bit. Also, reporting on Dourson’s status at EPA had already been picked up by other outlets, to the point that it was a congealed public fact. Though it’s always nice to link to other people’s stories, this was no violation of intellectual property norms.
What is extra-normal here, however, is the notion that a federal agency would be preemptively refereeing protocols for story credit among media outlets. Talk about regulatory overreach!
Asked for his take on the matter, Wilcox emailed the Erik Wemple Blog, “Work should be properly cited, not taken from other outlets.”
https://www.washingtonpost.com/blogs/erik-wemple/wp/2017/10/27/you-avoid-fake-news-that-way-new-york-times-reporter-socks-it-to-epa-press-office/?utm_term=.9441d2b1afde
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(ACC Mentioned) EPA Won't Protect Americans Against Breast Cancer
Oct 27, 2017 | The Hill
By Kathryn Rogers
Under the Trump administration and Administrator Scott Pruitt, the Environmental Protection Agency is giving less scrutiny to toxic chemicals that are making Americans sick. This is especially concerning for breast cancer, where exposure to environmental chemicals is a key risk factor for the development of disease.
A recent review of 158 human studies from the last 10 years — the most comprehensive assessment to date — found strong links to breast cancer from exposure to certain pesticides, highly fluorinated chemicals used in non-stick pan coatings, air pollution, solvents used in dry cleaning or as de-greasing agents, and industrial chemicals like dioxins.
What’s more, the risk is especially high when women are exposed to hazardous chemicals early in life, when the breast is developing and vulnerable to environmental influences.
As a research scientist focused on the influence of environmental chemicals on breast cancer, it is appalling to watch the agency’s leadership toss aside solid science and weaken chemical safety rules in order to protect industry and its bottom line.
Women who grew up in the 1960s might remember chasing fogger trucks spraying pesticides like DDT. Little did they know that if they had high exposure to DDT, they would have five times the risk of developing breast cancer later in life. Sadly, they also didn’t know that having higher DDT levels while pregnant meant their daughters would have nearly four times the risk of breast cancer later in their lives.
I wonder if today’s children, when they look back on their childhood and remember the smell of freshly-cleaned carpets in their home, will they think about the highly fluorinated chemicals that were used in the process? Will today’s moms think about the toxic flame retardant chemicals in the nursing pillows they fed their babies on?
When an explosion at a chemical plant in Seveso, Italy happened in 1976, the women living near the explosion entered a study to see what impact this would have on their health. Eleven to 20 years later, the women closest to the explosion were more likely to have breast cancer. What will happen to the people living near the Arkema chemical plant, who were there when it exploded in the aftermath of Hurricane Harvey?
With more than 80,000 chemicals on the market, we have to do a better job predicting which ones we should avoid to avoid another DDT situation. The question is, will our government act to protect public health, or turn a blind eye?
Industry claims regulations are unnecessary and limit economic growth. But impairments to the brain, the reproductive system and development — not to mention increased rates of cancer — also limit economic growth, reduce productivity and result in enormous associated medical costs.
Five of the first 10 chemicals the EPA has prioritized for review under the Toxic Substances Control Act (TSCA) cause breast tumors in animal studies. Unfortunately, the chemical industry’s rewrite of TSCA rules — a charge led by Nancy Beck, formerly of the American Chemistry Council — allows the agency to underestimate exposures, putting women and girls at risk.
The EPA has the knowledge and tools to better regulate toxic chemicals, and to prevent future breast cancers, and other diseases. The decision to ignore science will come with a huge price and real human costs.
http://thehill.com/opinion/energy-environment/357408-epa-wont-protects-americans-against-breast-cancer
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Beauty and the Beast: Fix Broken Cosmetics Law with Real Reform, Not Loopholes
Oct 27, 2017 | Environmental Working Group
By Melanie Benesh
Federal law on cosmetics and other personal care products is badly broken and has not been updated for nearly 80 years. This year, senators have introduced two bills to update the law – but the proposals couldn’t be more different.
One bill from Sens. Dianne Feinstein, D-Calif., and Susan Collins, R-Maine, would finally give the Food and Drug Administration the authority and tools it needs to review and regulate toxic chemicals in personal care products. But a bill introduced this week by Sen. Orrin Hatch, R-Utah, is full of loopholes that would make a broken law even worse.
Consider the differences:
The Feinstein-Collins bill requires manufacturers to show that cosmetics chemicals pose a “reasonable certainty of no harm,” a well-established safety standard that already covers food and pesticides. Hatch’s bill requires the FDA to show that a cosmetics chemical is “not injurious” when used in the usual way – an untested and weaker standard that puts the burden on the agency, not the industry.
The Feinstein-Collins bill requires companies to share ingredient information with the FDA so that the agency’s scientists can better evaluate how consumers are exposed to cosmetics chemicals. The Hatch bill does not.
The Feinstein-Collins bill requires companies to substantiate the safety of personal care products, maintain safety substantiation records, and give the FDA access to those records. The Hatch bill does not require safety substantiation.
The Feinstein-Collins bill requires the FDA to review the safety of five chemicals a year and provides clear rules for those reviews. Hatch’s bill authorizes but does not require reviews, and allows third parties to conduct the reviews. The Hatch bill also says the FDA must identify chemicals for review, but sets no deadlines for the reviews. And under Hatch’s bill, once the FDA has identified a chemical for review, states could not create their own cosmetics laws or regulations – allowing the Trump administration to pre-empt all state action by simply creating a list of chemicals.
The Feinstein-Collins bill makes sure the FDA has the resources needed to keep us safe, providing $20 million from the largest cosmetics manufacturers. The Hatch bill relies entirely on Congress to appropriate funds, with no guarantee of how much would be provided.
The Feinstein-Collins bill would make sure the FDA knows when dangerous products harm us, and gives the agency the power to act. It requires companies to produce annual reports of all adverse effects from use of a product, and alert the FDA within 15 days of a “serious” adverse effect. The Hatch bill only requires reporting within 15 days of “serious” adverse effects – and doesn’t explicitly consider temporary hair loss “serious.”
The Feinstein-Collins bill authorizes the FDA to order a recall of dangerous products, and clearly preserves consumers’ ability to take companies to court if they’re injured by use of a product. The Hatch bill does neither.
To protect workers, the Feinstein-Collins bill requires disclosure of ingredients used in salon products so that salon workers know what’s in the products they use everyday. The Hatch bill does not.
The Feinstein-Collins bill provides important protections for small businesses without sacrificing public health. It exempts companies with sales below $500,000, and home-based businesses with sales below $1 million, from registering with the FDA. It creates a simplified registration process for companies with sales below $2 million unless they produce high-risk products. The Hatch bill exempts companies with net revenues below $1 million from registration and exempts all home-based companies from registering with the FDA. The Hatch bill requires small businesses making tattoo inks to register, but doesn’t require small businesses making other high-risk products, such as those used around the eyes or lips, to register.
A great deal is at stake. Some cosmetics chemicals have been linked to serious health problems, including cancer, and rising cosmetics imports pose new risks of contamination.
For legislators hoping to finally modernize cosmetics law after 80 years of failure, the choice between the two bills could not be clearer. The Feinstein-Collins bill is bipartisan, and has the support of public health groups and hundreds of cosmetics companies, large and small. The Feinstein-Collins bill also meets the principles laid out by the industry’s trade association, the Personal Care Products Association. By contrast, the Hatch bill is not bipartisan, is not supported by public health groups or cosmetics companies, and does not meet the industry association’s principles.
https://www.ewg.org/enviroblog/2017/10/fix-broken-cosmetics-law-real-reform-not-loopholes#.WfNX8FuCzIU
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(ACC Mentioned) After 10 Years and Bankruptcy Filing, LyondellBasell Leading Gulf Petrochemical Boom
Oct 27, 2017 | Houston Chronicle
By Jordan Blum
Ten years ago, Lyondell Chemical was targeted by a Soviet-born billionaire willing to vastly overpay for it as he sought to create a global petrochemical giant by merging the Houston chemical maker with his own company in Europe.
The $13 billion deal left the combined company, LyondellBasell Industries, burdened with debt just as a worsening U.S. financial crisis plunged the global economy into a deep recession. Bankruptcy followed in 2009. Plants closed, thousands of workers lost jobs and shareholders were all but wiped out, prompting plenty of outrage and lawsuits.
To put it mildly, said Hassan Ahmed, a chemical industry analyst, "It didn't seem like the best deal."
Fast-forward to today, and LyondellBasell, which emerged from bankruptcy in 2010, is growing rapidly, spending billions to expand its production along the Gulf Coast and its markets around the world. The company's stock market valuation has roughly doubled in five years to $40 billion, making LyondellBasell the nation's second-largest chemical company behind only the recently merged DowDuPont of Midland, Mich., and Wilmington, Del.
The turnaround, analysts say, is the result of a management team that guided the company out of bankruptcy, trimmed costs and methodically built on its Texas operations, positioning LyondellBasell to ride a shale drilling boom that provided plentiful and cheap supplies of natural gas, the feedstock for chemicals and plastics. The company first focused on quickly expanding plants in Channelview, La Porte, Victoria and Corpus Christi, requiring modest investments that didn't saddle the company with much debt.
As profits have grown into the billions each year -- the company on Friday reported a $1.1 billion profit in the third quarter -- so have LyondellBasell's ambitions. Construction recently began on a $700 million plant in La Porte to makre stronger,thinner plastics to serve growing Asian markets. A $2.4 billion chemicals complex in Channelview and Pasadena, the company's most expensive project ever, was given the green light this summer.
Last week, CEO Bob Patel said he plans to follow that project with another a $2 billion-plus plant, which would use propane, a byproduct of natural gas processing, to make chemicals and the plastic polypropylene for North and South American markets.
"They've done a phenomenal job," said Ahmed, who follows the chemical industry for the New York financial research firm Alembic Global Advisers. "They didn't want to do anything too spectacular, and they made sure the ship was steady. That's worked extremely well for them."
Hard choices
LyondellBasell counts about 13,000 employees worldwide, including 4,800 in Greater Houston, where about 1,000 work the global headquarters downtown.
The company has roots in two continents. Lyondell was spun out from the oil company Atlantic Richfield Co., or ARCO, almost 30 years ago. The Dutch chemical maker Basell was formed as a joint venture between Royal Dutch Shell and German multinational BASF.
The Soviet-born billionaire Len Blavatnik (who still controls about 15 percent of the company)acquired Basell in 2005, before gobbling Lyondell in 2007. Patel, then an executive at Chevron Phillips Chemical Co., followed the merger at a distance, recalling it as a difficult and heavily debt-financed deal that didn't seem to make much sense.
After the bankruptcy filing, Jim Gallogly, a veteran of ConocoPhillips and Chevron Phillips, was hired as CEO. He brought in Patel as a senior vice president in early 2010, right before LyondellBasell emerged from bankruptcy. Patel took the reins in the beginning of 2015 when Gallogly retired.
Gallogly and Patel faced tough choices as they worked to rebuild the company, closing about 10 plants and slashing almost 5,000 employee and contractor jobs, especially in Europe. With fewer global plants in operation and fewer people on the payroll, the company focused on making its remaining operations more efficient and profitable.
Unlike the merger, the timing of the reorganzition could not have been better. The shale boom was kicking in, producing vast quantities of the natural gas liquid ethane, which is the feedstock for the primary building block of most plastics, ethylene.
The executives opted to expand their Texas plants to churn out more ethylene and completed those projects much faster than competitors, who were building facilities from scratch.
"When the combination occurred, shale gas wasn't really visible yet," Patel said. "In hindsight, it's turned out to be an incredible deal because of the additional tailwinds from shale gas."
LyondellBasell has become a major player in Gulf Coast's petrochemical boom, fueled not only by the flood of natural gas, but also access to foreign markets through growing export terminals at the Port of Houston and other Texas ports. The American Chemistry Council, a trade group, estimated the Texas Gulf Coast accounts for about $70 billion of the $185 billion in petrochemical plants completed since 2010 or planned through 2023.
Still hungry
Even though the company is thriving, Patel wants to inject a new sense of urgencyto coincide with the 10-year anniversary of the merger. He hopes to re-create the same "hunger and enthusiasm" that permeated the organization when the company was still fighting for its life, determined to prove to doubters that it could prosper in a competitive global industry dominated by large players such as Dow, DuPont and BASF.
"That's not easy to do," Patel said. "You want to have that drive and hunger, but you don't want people to feel fearful."
The $2.4 billion expansion that will span locations in Channelview and Pasadena is scheduled to break ground in the spring. The plant will make propylene oxide, which is used to make bedding, carpeting, coatings, building materials and adhesives, and the by-product tertiary butyl alcohol, which is refined into an additive that makes fuels burn cleaner. The plant will have the biggest production capacity in the world for these chemicals, capable of manufacturing 1 billion pounds of propylene oxide and 2.2 billion pounds of tertiary butyl alcohol a year.
The planned $2 billion project that Patel recently disclosed would likely get built on the Texas Gulf Coast, but a final decision on the investment may not come until the end of 2018. It could also be one of the company's last mega-projects here, Patel said.
The low prices of oil, another petrochemical feedstock used by foreign competitors, is eroding the cost advantages of natural gas-based chemicals. Local construction costs also are rising as tighter commodity and labor markets make materials and workers - especially those in skilled trades such as welding - more expensive. Soon, Patel said, LyondellBasell may again look internationally to grow.
"The U.S. still has an advantage, but it's not as great as it was," Patel said. "So I think that's likely going to dampen the amount of expansion in the future. It'll be a more paced investment."
http://www.houstonchronicle.com/business/energy/article/After-10-years-and-bankruptcy-filing-12311231.php
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Flow Data Show Cheniere’s Sabine Drawing From Rover Volumes
Oct 27, 2017 | Natural Gas Intelligence
By Jeremiah Shelor
In its first few months of service, the Rover Pipeline has opened up a route connecting Marcellus and Utica shale natural gas to liquefied natural gas (LNG) exports at Cheniere Energy Inc.'s Sabine Pass terminal, and it's shifted how gas flows between Appalachia and the Gulf Coast in the process, according to RBN Energy LLC.
Rover, sponsored by Energy Transfer Partners LP, began initial service on Sept. 1 on Mainline A between Cadiz, OH, and Defiance, OH, and has been transporting around 1 Bcf/d east-to-west, most of it delivered onto TransCanada Corp.'s ANR Pipeline.
Following the flow data, "either directly or indirectly" gas is moving from Rover to ANR and "is making it all the way south to the Gulf Coast,” specifically to Cheniere's export terminal at Sabine Pass, RBN's Sheetal Nasta said in a recent note to clients.
"Deliveries to the facility have climbed to nearly 3 Bcf/d in recent weeks as the fourth liquefaction train was brought online,” Nasta said. “Along the way, the Rover-ANR combo is increasing competition with other pipes that feed ANR, including other Marcellus/Utica takeaway pipelines such as" Rockies Express Pipeline (REX) and Dominion Transmission.
Nasta said gas flowing directly into Sabine Pass from Transcontinental Gas Pipe Line (Transco) via the Gulf Trace lateral has picked up in recent weeks, increasing to 860 MMcf/d, about 33% of the facility's total intake. This is in addition to deliveries from Transco to Cheniere's Creole Trail Pipeline.
"Between the Gulf Trace lateral and Creole Trail, Transco's share" of gas flowing into Sabine Pass "has climbed to nearly 1.3 Bcf/d," accounting for around half of the facility's total supply.
This comes as Transco's Zone 3 -- roughly the portion of the pipe that runs through Louisiana -- has flipped to moving gas east-to-west from a null point at Station 50 near Evangeline Parish, LA. Transco Zone 3 used to flow eastward through Zone 3 at around 0.5 Bcf/d net, but has shifted to flowing more than 1 Bcf/d westward starting around Station 50 and heading "toward the Transco laterals feeding Sabine Pass," according to Nasta.
"Not coincidentally, Station 50 is where a confluence of other long-haul pipelines interconnect with Transco. These include ANR and TransCanada's Columbia Gulf Transmission (CGT), and Boardwalk Partners' Texas Gas Transmission (TGT). Also nearby is Plains All American's Pine Prairie gas storage facility, which interacts with that Transco interconnect as well," she said. "Transco's net receipts from these systems in Evangeline Parish, LA, have more than tripled over the past couple of years, from less than 500 MMcf/d to nearly 1.5 Bcf/d, with a good bit of that increase happening in recent months. These receipts are then moving west and south to the Gulf Trace lateral and into Sabine Pass."
Nasta said it's "also not a coincidence" that ANR, CGT and TGT -- north-south long-haul pipes that have been reversing flows to accommodate the Marcellus/Utica -- "criss-cross" with Appalachian takeaway pipelines like Rover and REX.
"Not surprisingly, the growing LNG export demand combined with the addition of takeaway capacity and flow reversal projects are disrupting flow patterns on these connected pipes and increasing competition for transportation capacity moving gas to the Gulf Coast," she said.
Since Rover began flowing on Mainline A, ANR northbound flows have dropped, including cuts to northbound volumes from interconnects with REX and Dominion. Meanwhile, southbound flows on ANR "since Sept. 1 have climbed 60% to an average of over 700 MMcf/d, from about 450 MMcf/d in August." These volumes are finding their way south to the Perryville Hub in Louisiana and eventually to ANR's interconnect with Transco, according to Nasta.
Coinciding with this uptick in ANR southbound flows, receipts onto ANR at Perryville, LA, have decreased, as have volumes coming from the Midcontinent.
"While these shifts aren't earth-shattering, especially on the southern end of the system, they signify a trend that will only deepen as Rover completes subsequent phases of its project and ramps up to the full 3.25 Bcf/d of capacity," Nasta said. "We can already see competition heating up between Rover and REX and some of the other receipts that normally get absorbed by ANR. That will only intensify as Rover fills up. Regardless of who wins, however, it looks like Rover, in combination with ANR, has certainly increased Marcellus/Utica producers' stake in the game."
In a recent webinar, RBN CEO Rusty Braziel predicted that, given the concentration of incremental demand growth from LNG and exports to Mexico, production will increasingly compete for limited capacity to the Gulf Coast and create widening basis differentials outside the region.
Energy Transfer plans to bring Rover’s full designed capacity into service by the end of the first quarter. Phase 1B, including the completion of a supply lateral delayed by a FERC moratorium on horizontal directional drilling, is slated for completion by the end of the year. After receiving a certificate from the Federal Energy Regulatory Commission, Energy Transfer has been operating on a tight schedule to construct the 713-mile mega project.
http://www.naturalgasintel.com/articles/112236-flow-data-show-chenieres-sabine-drawing-from-rover-volumes
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Shareholder Opposition Sinks Huntsman-Clariant Merger
Oct 27, 2017 | Fuel Fix
By Jordan Blum
Growing opposition from shareholder activists forced the termination of the $15 billion chemicals merger of The Woodlands' Huntsman Corp and Swiss-based Clariant.
A shareholder activism effort increased its ownership stake in Clariant above 20 percent, causing Huntsman and Clariant to cancel the deal, believing the dissent had risen too high. The two companies announced the decision after midnight Friday.
White Tale Holdings - a partnership of New York firms Corvex Management and 40 North - now owns more than 20 percent of Clariant as its largest shareholder, increasing its stake from more than 10 percent just a few months ago.
Huntsman and Clariant CEOs Peter Huntsman and Harold Rottmann said in a joint statement that they no longer believed they could collect the necessary two-thirds support from Clariant shareholders required under Swiss law.
"Under these circumstances and in light of the high level of disruption and uncertainty that has been created for both companies, we have decided jointly to terminate the merger agreement, stop the substantial expenditure of funds associated with integration planning, and proceed along our independent paths in the best interests of both companies and their shareholders, associates, and other stakeholders," they said in the joint statement.
The White Tale opposition is led by Corvex's founder, Keith Meister, a protégé of famed corporate raider Carl Icahn, who has said he remains "increasingly" convinced the merger would dilute Clariant's value. He's spoken in favor of Clariant sticking to its specialty chemical strengths, cutting costs and selling off other parts.
Corvex was founded by Meister in 2010. In recent years, he's also urged Huntsman to sell off some of its parts. In another energy sector feud, Meister and another activist resigned from the board of directors of pipeline giant Williams Cos. after failing to oust the Williams CEO.
RELATED: Activists raise stake in opposing Huntsman-Clariant merger
The so-called merger of equals proposed in May would have created the world's second-largest specialty chemical company, HuntsmanClariant. In past years, other deals to acquire or merge with Huntsman have fallen apart as well.
In an interview last month in Switzerland, Peter Huntsman brushed off Meister's efforts. He referenced a meeting with Meister four years ago when he opposed a previous Huntsman deal.
"His ranting irritated me. That is why I declined when he recently wanted to see me again," Huntsman said in the interview, according to a filing with the U.S. Securities and Exchange Commission.
"Meister wants to make a lot of money fast," Huntsman continued. "However, paying out future profits to shareholders today is something we don't agree with. Companies cannot just focus on making fast money; they need to create long-term value. Otherwise, nobody wants to work for them."
Peter Huntsman would have become the CEO of the combined company, with Kottmann as the chairman. Huntsman and Clariant disclosed their all-stock merger in May, a deal that would have given Clariant 52 percent of the combined company and established its headquarters in Clariant's hometown of Pratteln, Switzerland, in part for tax purposes. The Woodlands would become the North American headquarters.
In that interview last month, Peter Huntsman reiterated his previous argument that the specialty chemical sector is on the verge of consolidating and that the merger was needed to build scale and strength.
"We can be at the forefront in specialty chemicals — neither company could do that on its own," he said. Without the merger, "There is a real risk of being crushed by the competition."
However, Huntsman emphasized the company's standalone strength on Friday.
"We viewed this merger of equals as an opportunity to accelerate our downstream growth and for two great companies to become even better together. However, it is not the only option for Huntsman to create real and lasting value," he stated. "Our future has never looked brighter."
http://www.chron.com/business/energy/article/Growing-shareholder-opposition-terminates-12310600.php
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Huntsman and Clariant Halt Chemicals Merger, Citing Investor Revolt
Oct 27, 2017 | The New York Times
By Chad Bray
Two of the world’s leading chemical manufacturers, the Huntsman Corporation and Clariant of Switzerland, terminated a planned multibillion-dollar merger on Friday, bowing to pressure from activist investors who opposed the deal.
The deal’s demise was the latest success for activist shareholders, who have put some of the world’s largest companies in their sights and are exerting greater influence over corporate strategy.
The proposed all-stock transaction, called a “merger of equals” by Clariant and Huntsman in May, would have been the latest consolidation in the chemicals industry and created a business with a combined market value of about $15 billion.
Some of the industry’s biggest names have sought mergers to gain scale and cut costs, including recent deals between Dow Chemical and DuPont and between Bayer and Monsanto.
“Given the continued accumulation of shares by activist investor White Tale Holdings and their opposition to the transaction, now supported by some other shareholders, we believe that there is simply too much uncertainty as to whether Clariant will be able to secure the two-thirds shareholder approval that is required to approve the transaction under Swiss law,” Peter R. Huntsman, the Huntsman chief executive, and Hariolf Kottmann, the Clariant chief executive, said in a news release.
On Friday, Huntsman and Clariant said they remained convinced that the proposed deal was “in the long-term best interests of all of our shareholders” but opted to avoid the continued costs and disruption in trying to push the deal forward.
Neither company will pay a breakup fee.
Clariant said on Friday that White Tale, an investment vehicle formed by the hedge fund manager Keith Meister and the investment fund 40 North, had accumulated more than 20 percent of the Swiss company’s shares.
The deal had been forecast to save about $400 million a year. The combined company would have manufactured coatings, resins and other industrial chemicals and employed more than 32,000 people worldwide.
Huntsman was founded in 1970 by Jon M. Huntsman Sr., a former Nixon administration official who founded the company and soon began making containers for McDonald’s Big Macs. One of his sons is Peter R. Huntsman, the company’s current chief executive.
Another son, Jon M. Huntsman Jr., is a former Utah governor, ambassador to China and Republican presidential candidate who recently was confirmed as the United States ambassador to Russia.
Huntsman reported on Friday that its profit more than doubled in the third quarter, to $179 million.
Clariant was created in 1995 when it was spun off from the chemical company Sandoz.
The collapse of the Huntsman-Clariant deal is the latest sign of the increasing power of activist investors.
Avon Products, the door-to-door seller of beauty products, said in August that its chief executive, Sherilyn S. McCoy, would step downnext year. Activist investors have pressed the company to reshape its management and act faster to reverse its declining fortunes.
General Electric, the industrial giant, announced in June that its longtime chief executive, Jeffrey R. Immelt, would retire and be replaced by John Flannery, who has shaken up the company’s leadership and grounded its corporate jets as part of a strategy shift. The company said at the time that its succession planning had been underway for five years, but the billionaire investor Nelson Peltz had pressed it in recent years to cut costs and improve its returns.
Mr. Peltz and his investment firm, Trian Partners, have recently turned their focus to the consumer-products giant Procter & Gamble, which previously faced pressure from another billionaire investor, William A. Ackman.
The upscale grocery chain Whole Foods Market sold itself to Amazon in June for $13.4 billion as it faced pressure from activist shareholders unhappy with the grocer’s share price.
https://www.nytimes.com/2017/10/27/business/dealbook/huntsman-clariant-merger.html?_r=0
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House Bill Introduced to Extend Tax Credits to Biogas, WTE Projects
Oct 27, 2017 | Waste Dive
By Cody Boteler
Dive Brief: Rep. Elise Stefanik, R-NY, recently introduced H.R. 4137, a measure that would extend tax credits for electricity produced from a number of renewable sources, including biogas and waste-to-energy. The bill would make it so that biomass, geothermal, landfill gas, "trash facilities" and hydropower facilities are again covered under Code Section 45 and given a production tax credit for generating electricity. In a press release, Stefanik said that renewable energy sources, like biomass, municipal solid waste and hydropower, "represent a new frontier for our environment and for economic growth, and it's important that we give them the support they need." Dive Insight:
This measure isn't seen as reinventing the wheel, but returning to the norm. Under Code Section 45, biomass, WTE and landfill gas projects were given tax credits, along with other renewable energy projects, like wind and solar. In 2015, a spending bill extended tax credits for wind until the end of 2019 — but the tax credits for biomass, WTE and landfill projects have expired. Stefanik's bill, which is currently sitting with the House Ways and Means Committee, would restore credits for waste-related energy projects.
Restoring the tax credits to waste-related projects would likely be seen as a relief, especially to the biogas industry. The somewhat-uncertain future of the Renewable Fuel Standard (RFS) has led biogas producersand other industry groups to submit comment to the Environmental Protection Agency. Administrator Scott Pruitt said the agency would finalize volumes under the RFS by the end of November. A federal tax credit for biogas projects could assuage some of the disruption that would come from too-low required volumes. This is also a priority for WTE leader Covanta, according to recently filed third quarter lobbying reports. Any type of credit would be helpful for the U.S. WTE industry as expansion, let alone the construction of new facilities, is seen as unlikely in the near future.
The path forward is, as with most things in the current political climate, unclear. The House recently approved a budget plan that is seen as the first step toward a possible tax reform debate. While Stefanik's bill does not yet have any co-sponsors, inclusion in a larger tax reform bill may be a way forward.
https://www.wastedive.com/news/house-bill-introduced-to-extend-tax-credits-to-biogas-wte-projects/508257/
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Senate Dems Join Bill to Toughen Permitting, Ease Litigation
Oct 27, 2017 | E&E Greenwire
By Arianna Skibell
The top Democrat on the Environment and Public Works Committee along with 10 others have signed onto a bill to protect minority and vulnerable communities from disproportionate environmental degradation.
Sen. Tom Carper of Delaware today said his state sits at the end of "American's tailpipe," situated downwind and downstream from neighboring states.
"And we pay the price for their air and water pollution," he said. "But across the country, thousands of low-income, minority and indigenous communities live downstream and downwind from dangerous pollution, and, too frequently, their concerns and challenges take a back seat to their neighbors."
Sen. Cory Booker (D-N.J.) and Rep. Raul Ruiz (D-Calif.) introduced the "Environmental Justice Act of 2017" earlier this week to protect marginalized communities from environmental pollution that can cause asthma and other health conditions (E&E Daily, Oct. 24).
The measures would require federal agencies to take environmental justice into account in permitting decisions. They also aim to strengthen legal protections for communities of color and indigenous and low-income areas.
"Many communities across the country are facing environmental and public health threats that for too long have gone unaddressed, seemingly only noticeable to those who deal with the effects on a daily basis. These communities are often communities of color or indigenous communities, and they tend to be low-income," Booker said in a statement. "This is unacceptable and our bill is an important step in changing this reality."
The legislation has been endorsed by more than 40 public health and environmental justice organizations. Additional co-sponsors now include Sens. Dick Durbin (D-Ill.), Brian Schatz (D-Hawaii), Tom Udall (D-N.M.), Sheldon Whitehouse (D-R.I.), Kirsten Gillibrand (D-N.Y.), Ed Markey (D-Mass.), Jeff Merkley (D-Ore.), Elizabeth Warren (D-Mass.), Kamala Harris (D-Calif.) and Bernie Sanders (I-Vt.).
The legislation would codify a 1994 executive order from President Clinton, which continues to serve as the government's guiding force on environmental justice. Critics have said for years that the order has no teeth without the law behind it.
The measures would also make the existing National Environmental Justice Advisory Council and certain environmental justice grant programs law.
The House and Senate bills would require agencies to consider cumulative impacts in permitting decisions under the Clean Water and Clean Air acts. Under the legislation, communities affected by events like the Flint, Mich., water crisis — in which hundreds of children suffered lead poisoning — could bring statutory claims for damages. They may also bring common law claims and request injunctive relief.
Lastly, the bills would reinstate a private right of action for discriminatory practices under the Civil Rights Act, undoing the Supreme Court decision in Alexander v. Sandoval, which said only federal agencies could bring action on claimants' behalf.
https://www.eenews.net/greenwire/2017/10/27/stories/1060064923
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Bipartisan Proposal Pushes Climate Disclosure
Oct 27, 2017 | E&E Energywire
By Pamela King
Rep. Alan Lowenthal this week introduced a second push to increase transparency at the Interior Department.
A bipartisan bill introduced by the California Democrat would require Interior to compile an online database of greenhouse gas emissions from fossil fuel extraction on public lands.
"The foundation of any successful plan to reduce emissions is to first quantify the amount of greenhouse gas emissions being emitted and where are they coming from," Lowenthal said in a statement yesterday. "Increasing the transparency around energy production programs on federal lands and waters, especially when it comes to methane emissions, would go a long way toward eliminating what has often been called the 'blind spot' of our federal energy program."
Introduction of the "Transparency in Energy Production Act" followed Lowenthal's "Having Open Access to Relevant Data Act" this week. The first bill, dubbed the "HOARD Act," would force the federal government to release certain oil and gas permitting data that the Bureau of Land Management has said it will no longer collect (Energywire, Oct. 25).
Lowenthal's bills coincided with the release Wednesday of an Interior report detailing the steps the department is taking to implement President Trump's "energy independence" executive order.
Interior said it is reviewing all climate requirements that could "potentially burden" energy development. According to the report, most bureaus found no such requirements in place.
Just before Interior released the results of its review, BLM rescinded a Jan. 12 memorandumintroduced under the Obama administration instructing the agency to incorporate guidance from the Council on Environmental Quality on emissions and climate impact calculations during environmental reviews.
BLM has adopted an interim policy to handle climate issues under its planning and resources group, spokesman Derrick Henry said.
Lowenthal said his climate data push responds to recommendations made by the Government Accountability Office in its 2016 report on Interior's accounting of natural gas emissions.
The agency and its bureaus could be doing a better job on that front, GAO concluded last year.
"BLM should provide additional guidance on how to estimate natural gas emissions from federal oil and gas leases," the report's recommendations section says.
Environmental groups welcomed Lowenthal's proposal.
"Natural gas on public lands belongs to the American taxpayers, and we deserve to know the climate and economic impact of this unnecessary loss of valuable resources," said EDF Action President Elizabeth Thompson.
A responsible Interior would readily share the information Lowenthal is requesting, said Chase Huntley, senior director of the Wilderness Society's Energy and Climate Program.
"This bipartisan legislation will increase the transparency of federal management of taxpayer-owned energy resources by requiring agencies disclose production and emissions information," he said.
Lowenthal's bill is co-sponsored by Reps. Carlos Curbelo (R-Fla.), Ted Deutch (D-Fla.), Ileana Ros-Lehtinen (R-Fla.) and Niki Tsongas (D-Mass.).
https://www.eenews.net/energywire/2017/10/27/stories/1060064833
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Senate Dems Say Pruitt Used 'Mathematical Sleights of Hand'
Oct 27, 2017 | E&E Climatewire
By Niina Heikkinen
Senate Democrats want more details from U.S. EPA Administrator Scott Pruitt about how his agency crunched numbers to justify its plans to repeal a major Obama-era climate rule.
Sen. Tom Carper (D-Del.), the ranking member of the Senate Environment and Public Works Committee, and 18 other Democrats wrote a letter to Pruitt yesterday asking for all relevant documents — including emails, memos and meeting notes — related to the agency's cost-benefit analysis of the Clean Power Plan. The Obama-era regulation is meant to control carbon emissions from power plants.
The senators contend the agency's recent proposal to eliminate that rule shows "significant deficiencies."
They wrote to Pruitt, "At seemingly every turn, the 2017 Repeal proposal uses mathematical sleights of hand to over-state the costs of industry compliance with the 2015 Rule and under-state the benefits that will be lost if the 2017 Repeal is finalized. Denying the science [of climate change] and fabricating the math may satisfy the agency's paperwork requirements, but doing so will not satisfy the requirements of the law, nor will it slow the increase in frequency and intensity of extreme weather events, the inexorable rise in sea levels, or the other dire effects of global warming that our planet is already experiencing."
Carper and others point to an exponential increase in EPA's estimated cost of implementing the Clean Power Plan. The Obama administration placed the price tag at $5.1 billion to $8.4 billion by 2030. The Trump administration estimated costs reaching as much as $33.3 billion by 2030. At the same time, EPA slashed projected benefits from the rule from $20 billion by 2030 to between $500 million and $2.7 billion.
They note that Pruitt's EPA took a much different approach to calculating the cost of damages from climate change by focusing only on the impact of national carbon emissions, rather than global emissions (Climatewire, Oct. 25).
Some of Trump's supporters, including advocates of the fossil fuel industry, have argued that the value used by the Obama administration to calculate the future costs of climate change was too high.
The lawmakers also criticized Pruitt for his "rejection of the scientific consensus that greenhouse gas pollution causes global warming" and said they're still waiting on his response from an April request for more details about his views about global warming and his plans to repeal the Clean Power Plan. "Our review of the 2017 Repeal proposal only heightens our concerns," they said.
Carper's Democratic colleagues on the EPW Committee — Sens. Sheldon Whitehouse of Rhode Island, Ben Cardin of Maryland, Cory Booker of New Jersey, Kamala Harris of California and Jeff Merkley of Oregon — were among the others who signed the letter. They are requesting documents from the agency by Dec. 1.
EPA did not respond to the questions raised by the letter. "We will respond to the Senators through the proper channels," an EPA spokesman said in an email.
https://www.eenews.net/climatewire/2017/10/27/stories/1060064843
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N.D. Urges Court to Scrap EPA-Enviro Settlement on Waste
Oct 27, 2017 | E&E Energywire
By Ellen M. Gilmer
North Dakota lawyers are urging a federal court to toss a settlement reached between U.S. EPA and environmentalists last year over the regulation of oil and gas waste.
The state has raised numerous concerns about a December 2016 Resource Conservation and Recovery Act (RCRA) consent decree between environmental groups and the Obama administration. Though Trump lawyers have actually defended the deal, North Dakota says it should be tossed pursuant to EPA Administrator Scott Pruitt's recent directive aimed at cutting off the "sue and settle" technique critics have accused environmental groups of using to advance policy goals.
Pruitt's order, issued last week, formalizes a policy he announced over the summer that restricts the agency from agreeing to settlements "that exceed the authority of the courts" and requires increased outreach to states and industry before any deal is reached (Greenwire Oct. 16).
According to North Dakota lawyers, the directive should override the Obama administration's settlement with a coalition of environmental groups in which EPA agreed to consider revising RCRA standards to include oil and gas waste. A revision, if adopted, would set new requirements for management and disposal of produced water and hydraulic fracturing fluid that is typically injected into disposal wells or stored in wastewater pits and tanks.
The Trump administration has defended the RCRA deal, noting that it does not obligate EPA to adopt any new regulations but simply to stick to a schedule of considering action.
"This case arises in a frequently recurring context where Congress has set statutory deadlines for certain agency actions and has, separately, authorized 'any person' to file a lawsuit when the agency fails to meet those deadlines," EPA told the U.S. Court of Appeals for the District of Columbia Circuit in July. "Often in these contexts, the agency is left with few defenses, if any, and a frequent outcome is a settlement agreement or a consent decree between the agency and the plaintiff that resolves the lawsuit and establishes specific timeframes under which the agency agrees to take the procedural action."
The case arose in early 2016 when the Environmental Integrity Project, Natural Resources Defense Council and several other groups sued EPA to regulate oil and gas waste under RCRA. They argued that the agency had failed to meet its obligation to conduct periodic reviews of the solid waste management program to see whether it should expand to include new sources. In 1988, the agency extended an existing exemption for oil and gas waste but recommended tailoring requirements for the industry. No such standards were ever issued.
The Obama administration reached a deal with the environmental coalition that gave EPA until March 2019 to decide whether RCRA standards needed to be updated and then until July 2021 to complete any update. Environmentalists hailed the agreement as a "long overdue" step toward increased oversight (Energywire, Jan. 3).
But North Dakota says the deal should be scrapped as "unreasonable and unlawful," especially in light of Pruitt's recent directive.
"Administrator Pruitt's admonition that U.S. EPA should not enter into settlement agreements that impose duties that extend beyond what the applicable statute requires aligns with North Dakota's argument that the settlement in this case imposed obligations on U.S. EPA that go beyond what is required by the applicable requirements of Subtitle D of the Resource Conservation and Recovery Act," state Attorney General Wayne Stenehjem told the D.C. Circuit yesterday.
North Dakota tried to intervene in the original environmental lawsuit but was blocked by a district court judge. The state is now challenging that decision and the underlying settlement at the D.C. Circuit. Oral arguments in the appeal are set for Nov. 7.
https://www.eenews.net/energywire/2017/10/27/stories/1060064829
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