Preview Newsletter
PM ACC 5/30/2018
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(ACC Mentioned) Interview: Mark Knoy, President and CEO, ACBL
May 30, 2018 | MarineLink
American Commercial Barge Line (ACBL) named Mark K. Knoy as its president and chief executive officer in August 2011. -
(ACC Mentioned) 12 Ways Your Swimming Pool Is Making You Sick
May 30, 2018 | Reader's Digest
By Jessica Migala
There have been 500 illness outbreaks related to treated pool water in the last 15 years—yuck! Here's how to ensure you stay safe this summer season. -
Ewire: IG Plans to Wrap up Pruitt Spending Inquiry by Sept. 30
May 30, 2018 | Inside EPA
EPA Inspector General (IG) Arthur Elkins, Jr. plans to release a long-awaited report on agency Administrator Scott Pruitt's spending on security and travel by Sept. 30, and the report's release could provide fresh fodder for Democrats and environmentalist critics of the Trump Administration... -
Senate Confirms Baiocco for Seat on US CPSC
May 30, 2018 | Chemical Watch
By Julie Miller
The US Senate has voted to confirm Dana Baiocco, an attorney specialising in defending companies against product liability claims, for a seat on the Consumer Product Safety Commission (CPSC). -
California Approves Technical Amendments to Cleaning Products Law
May 30, 2018 | Chemical Watch
California’s legislature has passed a bill that makes technical changes and updates to the 2017 Cleaning Products Right to Know Act. -
J&J Ordered to Pay $25m in Second Mesothelioma Verdict
May 30, 2018 | Chemical Watch
In the latest developments in Johnson and Johnson’s legal battle over talc, a California jury has awarded $25.75m in damages to a woman claiming her cancer was caused by talcum powder contaminated with asbestos. -
The Energy 202: Lowe's Moves Before Epa to Pull Deadly Paint Strippers from Shelves
May 30, 2018 | Washington Post
By Dino Grandoni
Earlier this month, the Environmental Protection Agency signaled that it will follow through with an Obama-era proposal to ban the use of a deadly chemical in paint strippers sold at hardware stores nationwide. -
EU Plastics Pollution Proposal ‘Fails to Address’ Hazardous Substances
May 30, 2018 | Chemical Watch
The European Commission’s recently announced draft laws to tackle plastics pollution fail to address the presence of hazardous substances used in single-use plastic products, an NGO has said. -
France Urges Robust REACH Authorisation, SVHC Actions in ECHA Plan
May 30, 2018 | Chemical Watch
The French competent authority is calling on Echa to include measures to strengthen the REACH authorisation process in its strategic plan for the next five years. -
Exxon Mobil Touts Goals to Grow Oil, Gas While Reducing Emissions
May 30, 2018 | Houston Chronicle
By Jordan Blum
Exxon Mobil's chairman and chief executive steadfastly argued the nation's largest energy company can continue to grow its global oil and gas operations while reducing carbon emissions and helping to combat climate change. -
Republicans Question Improved Morale at 'Problematic' Agency
May 30, 2018 | E&E Greenwire
By Corbin Hiar
Worker morale is improving at the Chemical Safety Board, and House Oversight and Government Reform Committee leaders want to know why. -
Tribe 'Dumbfounded' as Court OKs 'Black Dust' Settlement
May 30, 2018 | E&E Greeenwire
By Sean Reilly
EPA and the Justice Department have won court approval for changes to a 2015 consent decree that will give a manufacturer of a key tire product years longer to install pollution controls, brushing aside objections raised by members of an Oklahoma Indian tribe living near one of the company's plants.
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(ACC Mentioned) Interview: Mark Knoy, President and CEO, ACBL
May 30, 2018 | MarineLink
American Commercial Barge Line (ACBL) named Mark K. Knoy as its president and chief executive officer in August 2011. Prior to joining ACBL, he was vice president of American Electric Power’s (AEP) Fuel, Emissions and Logistics Group and president of AEP River Operations, having joined AEP with its 2001 purchase of MEMCO Barge Line. From 1984 to 1994, he was owner/operator of The Mark Twain Towing Company and Delmar Marine, Inc., Pekin, Illinois. He began his career in 1973 working aboard towboats on the inland waterways as a deck hand and then as a captain. Today, Knoy serves as a director of the Corps of Engineer’s Inland Waterways Users Board, a Board of Trustees’ member for both the Coast Guard Foundation and The Seamen’s Church Institute and its Center for Maritime Education and Ministry on the River, chairman of the National Waterways Foundation, and board member for the H.T. Pott Inland Waterways Library at the University of Missouri - St. Louis. He is a past chairman of both the Waterways Council, Inc. and the Midwest Region of the American Waterways Operators. Quite simply, there is perhaps no better known name, with more impressive credentials, on the inland waterfront. This month, he weighs in for Marine News readers on a wide range of issues impacting the commercial, inland waterfront.
Give us your assessment of today’s market conditions on U.S. inland waters, especially in the areas that ACBL operates.
Stating the more obvious, there are too many barges in both the dry and liquid markets, creating cheap freight prices. For dry commodities, the biggest culprit is coal. At its peak in 2006, barges delivered more than 160 million tons of coal to utilities. In 2017, early estimates suggest that number was barely 90 million tons. We have increased competition from South America in the Agricultural sector, with Brazil and Argentina now both major players in the global market. There’s a lot going on with the steel and aluminum tariffs on imports, but it isn’t yet clear how that will shake out in the end, but I believe it will be good for our industry in two ways. One, barge prices are increasing with higher steel prices and will need higher revenues to justify investment. Secondly, we should handle more steel inputs with less semi-finished imports.Another bright spot is the construction industry, which accounted for more than 40 percent of steel shipments in 2016 as well as construction materials. It looks like it might be about to turn the corner and finally show some solid recovery following the recession. We also expect to see some benefit from promised infrastructure development – not only in terms of waterways infrastructure but in demand for the commodities needed to bring it to fruition.
Demand for liquid barges surged in the middle of the last decade when the country experienced massive growth in crude oil production and relied heavily on rail and barge to deliver their product. That demand slowed as more pipeline capacity became available. There is, however, a great deal of construction activity going on, particularly along the Gulf Coast, to support growth in the refining and chemicals industries. Inexpensive and abundant supplies of natural gas and crude oil have enticed companies from all over the world to invest in U.S.-based petrochemical production. The American Chemistry Council estimates that there are more than 300 projects representing capital investment of $185 billion in various stages of development due to shale gas. U.S. crude oil production is increasing at a remarkable pace and is expected to exceed average production of 11 million barrels per day in 2018. Finally, over the last five years, exports of U.S.-made ethanol have more than doubled to total 1.3 billion gallons in 2017. All these developments will lead to exciting opportunities in our liquids business.
What will it take for freight rates to improve on the inland rivers?
Simply put, more demand or less supply. Higher steel prices create higher scrap prices and that could drive some barges into retirement early basis the scrap revenue against the current market freight earnings. Secondly, the current freight market will not support hopper barges that will soon exceed $600,000 to build. I would expect tank barge prices to move up sharply as well and that should curtail investor building as these new construction prices aren’t supported by today’s revenues.You are unique among your inland CEO peers in that you’ve worked on deck and as a Captain, prior to stepping into the boardroom. What do you bring from the wheelhouse to the c-suite that helps you run a better company?
It really is apples and oranges in working on a boat versus leading a company, but we’re still in the same family, and that’s people. Leading people is the secret to any team’s success and I love the challenge and opportunity that this team gives me every day. I certainly have a firsthand understanding of the risk that we are asking our mariners to manage. My towboat experience gave me a greater appreciation of the commitment and sacrifice that mariners make daily to keep freight moving along our waterways. Therefore, I’m very passionate about the safety and wellness of our mariners and their families. I always strongly encourage our new teammates to get out on a boat, to a fleet, dock, terminal or shipyard and see how these pieces fit together to deliver to the building blocks of our nation, distribution energy resources and moving agricultural products to export in the most efficient and safest mode there is.Do you see more consolidation ahead, as operators struggle to get the rates they need to keep quality equipment and mariners on the water?
We are all struggling in these challenging markets with surplus equipment. Nobody sets their sights on selling at the bottom, so I think we’ll have to see some upswing before consolidation comes back into play. The industry is fairly well consolidated already. On the dry cargo side, there are only six operators with 90 percent of the equipment; and eight tanker barge operators handle 77 percent of all tankers.Your 2017 sale of some ACBL tonnage and assets came an interesting time. On one hand, coal has made a bit of a rebound (some would say temporary). What was behind the transaction and what’s next for your firm?
Utility demand for barged coal has declined by roughly 70 million tons since its peak. Utilities are not building new coal plants because they do not believe one or two administrations will significantly alter the environmental trends or cost differentials that have been driving them away from coal for the past several years. It is simply not worth the risk to invest in an expensive plant that probably won’t be cost-effective to operate. It is true that coal exports have seen a rebound over the past couple of years, but they are still well below their peak of more than 125 million tons in 2012. It is important to understand that the U.S. is a swing supplier to the global market. Countries typically only “shop” the U.S. for coal when they must because of higher shipping costs due to relative the length of the ocean voyage. Also because of shipping distances, East Coast ports are generally preferred to the Gulf Coast. If/when coal exports decline, the first to feel it will be the Gulf Coast and the barge industry.The ACBL fleet of more than 3,600 barges and 140 towboats, coupled with your network of logistics hubs and transshipment facilities brings together a multimodal, flexible supply chain for customers. Tell us about the value that this brings.
Anytime we can differentiate ourselves from our competitors, we have an edge and that’s what we’re constantly looking for. In Memphis, we can offer liquid customers delivery from barge, through our terminal and directly to their local plant, one stop shopping. In St. Louis, we transfer western coal to barges for final delivery to their generating station. We handle all of their logistics and help with surging inventories. Have a high-speed unit-train transfer facility below the last locks keeps us operational year round. Lastly, in Lemont, we offer break-bulk handling of steel materials from barge to warehouse to truck to final delivery. In each of these cases, we make it easy for our customers to manage their transportation logistics with one contact and one final invoice.In 2015, AEP River Operations was sold by its parent company to ACBL. Talk about the integration and what’s happened in the interim.
There was a tremendous amount of synergies in the business, and great number of talented mariners, and teammates with relationships throughout the industry. Overall, the integration went extremely well from our perspective and we continued to crank out efficiencies in the operations for a couple years. I think we’re now operating with the most efficient model. There were many similarities between the cultures, but change is always challenging no matter how similar goals and objectives may be. Managing the change through this process is the most difficult, and the most rewarding.Transporting agricultural products to deep draft export venues is one of the most important functions of domestic inland rivers. Competitors from South America are trying to do the same thing. Are we doing enough to maintain our inland infrastructure, locks and dams?
Having the Inland Waterway System we have in our country benefits not only the farmer, by being more competitive in a world market, but also benefits our coal exports, and our manufacturing, that relies on our Inland Waterways for the efficient movement of raw materials needed for production of products that consumers purchase on a daily basis. While other countries are improving their delivery systems, Congress seems to be satisfied with just barely maintaining our Inland Waterways. In comparison to many other programs, the inland waterways system could be brought up to world class standards of less than $10 billion. That seems like a bargain when compared to other infrastructure challenges.The federal FY18 Omnibus includes $6.83 billion for the U.S. Army Corps of Engineers (Corps), an increase of $789 million from fiscal 2017. The President speaks of so-called P3 projects for infrastructure. What are your thoughts on that score?
Public Private Partnerships on other modes of transportation may work, however on the Inland Waterways we have had a Public Private Partnership since the Inland Waterways Revenue Act was codified in 1978. Since this legislation was enacted the Inland Waterways Industry, via the Inland Waterways Trust Fund (IWTF) have contributed $2.8 billion into rebuilding our Inland Waterways Infrastructure while the U.S. Treasury has contributed $3.7 billion into our infrastructure. So how does adding additional P3’s that could impose additional tolls, lockage fees, or vessel fees, make our countries exports more competitive in the world economic environment?Jeffboat, one of the nation’s oldest, largest and best-known inland builders will close its doors, owing largely to an extremely quiet barge-building sector. That said; certain sectors of our barge fleets are quite mature, while others very new. What’s the time sequence that you would see for any uptick in the barge newbuild sector, and what will eventually precipitate that movement?
One the dry side, we anticipate it will take through at least 2019 before attrition brings the size of the fleet more in line with demand. Significant demand growth would, of course, speed up the process. The pressure index on tank barges is well into the negative with significant new builds over the past several years that were not supported by increasing demand. Most of the new builds were unit tow barges. It looks like the fleet has somewhere around 500 too many barges for current demand levels.Subchapter M is here and it is impacting the inland waterfront like nothing that came before it. Will SubM be largely a ‘non-event’ for your tonnage and mariners or will there be certain things that you’ll need to do different?
ACBL is certainly ready for the implementation of SubM, as should other AWO members that have been following these new regulations. It certainly will not go without notice here at ACBL, as the volume of paperwork itself is staggering. Excluding the paperwork, I do think the new regulations will separate our industry into compliant and non-compliant operators and it will be up to the USCG to enforce the new rules. Even without enforcement, we will all be better operators, but it will cost some operators additional dollars if they have not been living and breathing the AWO RCP or another SMS.Inland operators depend heavily on the maintenance of inland waterways. Many stakeholders agree that this is not keeping pace with failing infrastructure that is well past its intended life span. Your past role with WCI positions you well to speak about solutions. What are your thoughts?
In 2015 the Corps received ~$649 million in O&M funding for Inland Waterways, the Omnibus legislation that just passed funds Inland Waterways O&M at $992 million, ~35 percent increase in O&M for Inland Waterways, so it would seem we are getting our message to our Federal Appropriators on the importance of increasing O&M funding for our Inland Waterways.Regarding inland infrastructure, so much depends on it – your business as well as the supply chain itself. What would be the consequences of a major lock failure on our primary tributaries?
Over the last six months, ACBL has lost nearly $10 million due to the closures at Lock 52. Reference the most recent joint study between the National Waterways Foundation and the U. S. Maritime Administration, compiled by the Vanderbilt University and the University of Tennessee, which found a catastrophic failure of an important lock failure, on our primary tributaries, would result in ~$1.1 billion and ~$1.7 billion in annual transportation costs.Does coal have a future?
Coal absolutely has a future. There are still many highly efficient, low emission coal-fired power plants producing electricity. These plants have long lifespans and will continue to supply the grid for many years to come. The lion’s share of domestic coal consumption (93 percent in 2017) is for electrical power generation. That being said, domestic utility coal is not a growth market. No new coal-fired power plants are under construction or even on the drawing board. The Department of Energy projects coal consumption by the electric power sector to fall from 675 million tons in 2017 to a low of 595 million tons by 2022. Although they do predict a rebound from those lows, they don’t expect coal consumption by the electric power sector to surpass 641 million tons through their forecast out to 2050. In terms of exports, the Department of Energy projects incremental increases in coal exports but not exceeding 100 million total tons through 2050. The small growth in exports is just not enough to offset the downturn in domestic consumption. Over the last two decades, Utility coal moved on waterways dropped 54 million tons while the barge fleet only shrunk by 1,342 barges, or about half of what the historical coal to barge ratio was.
What keeps you up at night when it comes to operating your considerable assets?
The health and wellness of our teammates, the majority of who work in high-risk areas.https://www.marinelink.com/news/interview-mark-knoy-president-ceo-acbl-438045
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(ACC Mentioned) 12 Ways Your Swimming Pool Is Making You Sick
May 30, 2018 | Reader's Digest
By Jessica Migala
There have been 500 illness outbreaks related to treated pool water in the last 15 years—yuck! Here's how to ensure you stay safe this summer season.Your pool could be making you sick
If you've ever been sick after swimming, it may have been due to contaminated pool water. According to a 2018 report from the Centers for Disease Control and Prevention (CDC), more than 27,000 people have gotten sick from pools, hot tubs, and splash pads. Luckily, there are precautions you can take to make sure you don't add yourself to that number. If you have a pool, it all starts with your water source. Here are 17 things you need to know about tap water—and whether yours is safe.
Most pools are safe
Yes, there could be something lurking in the water and the threat of illness is real, but overall your favorite local swimming pool is probably safe. "As long as the pH and chlorine levels in the pool are being maintained, the disinfectants will kill off most germs that could make you ill," says Dan DeSimone, MD, infectious disease consultant at Mayo Clinic in Rochester, Minnesota. The Water Quality & Health Council, an independent, multidisciplinary group sponsored by the industry trade association the Chlorine Chemistry Division of the American Chemistry Council, has compiled a list of local and state health departments that can help you find public swimming pool inspection reports to ensure your local pool is in good health."
Crypto" is a problem
Unfortunately, one germ, called Cryptosporidium, is fairly resistant to pool chemicals. "It's the most common cause of diarrhea," says Dr. DeSimone. It's found in the fecal matter of fellow swimmers who are infected, and the spores can survive for hours to days in the water, he adds. The bug is nasty—it can cause diarrhea for up to two weeks, points out the CDC. To lower your risk, don't swallow pool water (even small amounts). It shouldn't have to be said, infants still in diapers shouldn't be paddling in the big pool and anyone with diarrhea should avoid swimming. Here are 11 home remedies for diarrhea.
Your eyes aren't red from the chlorine...
It's easy to assume that it's the chlorine that's irritating your eyes. However, it's actually the result of pool chemicals mixing with things like urine, sweat, and dirt, explains Chris Wiant, MPH, PhD, chair of the Water Quality & Health Council. "This is the chlorine doing its job," he says. However, this process also uses up the disinfectant and creates strong-smelling compounds called chloramines—which are the source of that strong "chlorine smell." If that smell is especially pungent, it's a tip-off that the pool chemistry is off and needs to be looked at and possibly adjusted. Learn more about why peeing in the pool is really bad.
Swimmer's ear is for real
Itchiness, redness, swelling, and pain are the signs and symptoms of swimmer's ear, an infection of the outer ear canal. It's spread when water and pool bacteria get trapped in the ear canal and proliferate, says the CDC. Avoid swimmer's ear by keeping ears blocked with earplugs or using a dry towel to wipe away moisture after swimming. If you get swimmer's ear, your doctor may recommend ear drops that stop bacteria growth.
That rash could be from the hot tub
While a soak in the hot tub may sound relaxing, you can end up with a skin infection caused by the bacteria Pseudomonas aeruginosa, a.k.a. hot tub rash. "The germ lives in water and thrives in a hot tub," says Dr. DeSimone. Usually, the rash—which is itchy, bumpy, red, and sometimes pus-filled—goes away on its own, he says. The best way to avoid infection is to suds up with soap in the shower after every hot tub session, clean your swimsuit, and make sure that the hot tub you use is being properly maintained, says the CDC.
Food poisoning from a pool?
Another icky problem caused by fecal contamination? E. coli. Nearly 60 percent of public pools were positive for the bacteria, according to a 2013 study from the CDC. The bright spot is that most E. coli are harmless, and none of the samples collected were the strain that causes illness. Nonetheless, this is evidence that the strains that can make you very ill with stomach cramps and diarrhea can survive in a pool. If you get sick within one or two days of swimming, there's a good chance the pool is to blame, says Dr. DeSimone. Don't miss these foods that have natural antibacterial properties.
Yes, even Legionnaires' disease
Bacteria called Legionella causes Legionnaires' disease, a severe type of pneumonia, as well as Pontiac fever, a milder respiratory infection. According to CDC data, of the 27,000 cases of illness traced to pools, 16 percent were attributed to Legionella. Nine in 10 outbreaks could have been prevented with smart water cleaning practices, another reason you shouldn't be shy about asking your local pool to show you an inspection report. Alert your doctor if you experience symptoms of Legionnaires',which appear two to 10 days after infection and may include a headache, muscle pain, chills, and a potentially high fever.
Hepatitis A is possible
Liver problems... from a pool? It's rare but possible: The hepatitis A virus, which causes liver disease, can live in water and food contaminated by feces. And if you were to inadvertently take a gulp of the water, it could enter your system. While outbreaks happen, they're rarely linked to recreational water like public pools; there's about one per decade worldwide, according to a 2009 study. Symptoms often take weeks to appear and include abdominal pain on your upper right side, sudden nausea and vomiting, and fatigue, according to the Mayo Clinic. Here are signs your liver is in trouble.
Two more potential stomach bugs
Somehow, the CDC knows that the average person has about 0.14 grams of poop on their bottoms at any given time. This can wash off in the pool, and this is what exposes swimmers to a variety of diarrhea-causing illnesses. Two additional germs, Shigella and Norovirus, can cause outbreaks in pools. Shigella causes bloody diarrhea, stomach cramps, and fever, but you'll most likely recover without needing treatment. Norovirus, which is extremely contagious and has been found in pools, lakes and rivers, fountains, and hot springs, produces sudden projectile vomiting and diarrhea (fun!) for 24 to 72 hours, so sufferers have to watch out for possible dehydration.
Beware of hotel facilities
Hotel pools often get less attention. That may be why, as the CDC notes, most illness outbreaks are linked to hotel pools and hot tubs. Dr. Wiant's tip for checking out the water: Peer into the deep end—you should be able to see the bottom or drain. Feel the sides of the pool—they shouldn't be slimy. Finally, give the air a sniff. If you can't see the drain, the sides are slimy, or the chlorine is pungent, take a pass on that pool or hot tub.
Always shower first
You may have seen signs at the pool advising that all swimmers shower before taking a dip, but 52 percent of adults never do before taking a plunge, according to the Water Quality & Health Council. "You'd be surprised how many bacteria are on the skin," says Dr. Wiant. "To get those pathogens off your body effectively, you really need soap. At the very least, rinsing off for one minute has been shown to physically remove a good amount of contamination," he says. This summer, be part of the solution not the problem. Let's work together to get that percentage up to 100 and we'll all be healthier for it. Don't miss the 42 secrets lifeguards desperately want you to know.
https://www.rd.com/health/swimming-pool-making-you-sick/
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Ewire: IG Plans to Wrap up Pruitt Spending Inquiry by Sept. 30
May 30, 2018 | Inside EPA
EPA Inspector General (IG) Arthur Elkins, Jr. plans to release a long-awaited report on agency Administrator Scott Pruitt's spending on security and travel by Sept. 30, and the report's release could provide fresh fodder for Democrats and environmentalist critics of the Trump administration ahead of the midterm elections.
CNN reports that Elkins sent a letter to unidentified members of Congress updating the timeline for the report, which is one of several the IG's office is pursuing into a host of ethics scandals about Pruitt's activities at EPA.
The report Elkins intends to release by the end of September could be the first of the investigations into Pruitt's scandals to be made public, CNN says, ensuring it will receive significant attention.
A harshly critical report could help bolster calls for Pruitt to resign, and his critics have already said that the various ethics scandals could be hindering his deregulatory push that includes undoing major Obama-era rules such as the Clean Power Plan greenhouse gas standards for existing power plants and a rule to define the scope of the Clean Water Act.
Sources have said that the scandals threaten to be a significant distraction from that agenda, imposing new oversight burdens on staff, undermining public messaging, exacerbating relationships with Capitol Hill, and possibly emboldening career staff to further resist Pruitt's agenda.
And IG officials earlier this year said they are seeing an increase in requests for investigations into Pruitt compared to hotline calls, requests from Congress, and other inquiries under previous administrators.
“I think it's fair to say, and probably not a surprise, we're receiving quite a few requests asking us to look at things that Administrator Pruitt is doing. And certainly in the past we would get those types of requests about different administrators but we're getting more of those,” said Jennifer Kaplan, the deputy assistant IG for congressional and public affairs, in a roundtable interview with Inside EPA, Elkins and other IG officials.
But despite the many IG investigations and Democratic queries into the various scandals -- which also include spending tens of thousands of dollars on a secure phone system in the administrator's office, and granting massive pay hikes for top political staff at the agency -- observers have told Inside EPA that they see little chance of Pruitt's ouster barring his voluntary departure or a scathing government watchdog report.
One former EPA official says Pruitt, for now, appears secure at the agency, given that President Donald Trump has repeatedly offered support for the administrator in public statements.
“Absent some new revelation, he's pretty safe until some of the investigations start either leaking or reporting out their results. . . . It doesn't seem that any of the embarrassment he's causing is affecting Trump,” the source said.
https://insideepa.com/daily-feed/ewire-ig-plans-wrap-pruitt-spending-inquiry-sept-30
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Senate Confirms Baiocco for Seat on US CPSC
May 30, 2018 | Chemical Watch
By Julie Miller
The US Senate has voted to confirm Dana Baiocco, an attorney specialising in defending companies against product liability claims, for a seat on the Consumer Product Safety Commission (CPSC).
Her addition ends a four-year Democratic majority. Ms Baiocco replaces Democrat Marietta Robinson, whose term ended in October last year.
The commission is now evenly divided at 2-2, but this balance is likely to shift in the Republicans' favour. President Trump is likely to nominate a Republican to succeed Joseph Mohorovic, who left the CPSC in October in the middle of his term.
By law, the five-member CPSC cannot have more than three commissioners from the same party. The importance of who holds the majority was made clear last autumn, when the Democratic majority commission voted 3-2 to initiate a rulemaking to ban the use of organohalogen flame retardants in furniture and other household products, as well as to ban five phthalates from children's products.
Ms Baiocco faced questioning at her confirmation hearing on whether she would recuse herself from participating when the CPSC considers issues of importance to her former corporate clients. She was among lawyers representing Mattel in lawsuits over toys containing lead-based paint. And she has represented a tobacco company that, according to a senator at the hearing, advocated flame retardant use to prevent fires caused by cigarettes.
She declined to make a commitment on the issue.
Ms Baiocco's nomination was announced in September, but Ms Robinson had continued to serve meanwhile.
The president has nominated Republican acting chair Ann Marie Buerkle to head the commission, and to serve a second term when her current one ends this autumn. The terms of Democrats Elliot Kaye and Robert Adler expire in 2020 and 2021, respectively.
https://chemicalwatch.com/67294/senate-confirms-baiocco-for-seat-on-us-cpsc
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California Approves Technical Amendments to Cleaning Products Law
May 30, 2018 | Chemical Watch
California’s legislature has passed a bill that makes technical changes and updates to the 2017 Cleaning Products Right to Know Act.
This state law requires manufacturers to list 'chemicals of concern' on product labels, and to disclose full ingredient lists online.
The recently approved measure (AB2901) makes "technical changes and necessary updates" to the statute. These include correction to errors in the names of chemicals, as well as other minor changes.
Both NGOs and industry groups have registered their support for the bill.
https://chemicalwatch.com/67285/california-approves-technical-amendments-to-cleaning-products-law
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J&J Ordered to Pay $25m in Second Mesothelioma Verdict
May 30, 2018 | Chemical Watch
In the latest developments in Johnson and Johnson’s legal battle over talc, a California jury has awarded $25.75m in damages to a woman claiming her cancer was caused by talcum powder contaminated with asbestos.
A jury in Los Angeles County Superior Court awarded $21.75m in compensatory damages to Joanne and Gary Anderson on 23 May, and added $4m in punitive damages a day later. The Oregon woman said she used talcum powder in her bowling shoes, on her hands and on her children’s nappy rash.
The jury assigned J&J 67% of the responsibility for Joanne Anderson’s mesothelioma. The remaining liability "was spread among other exposures that Joanne had as a bystander to automotive work her husband occasionally performed," according to a statement by Simon Greenstone Panatier, the law firm representing the plaintiffs.
According to a legal news source, the jury asked the court if they could require J&J to place a warning label on its talc-containing products instead of awarding punitive damages, but the judge rejected this.
J&J spokeswoman Carol Goodrich said in a statement: "We are disappointed with the verdict and we will begin the appeals process. We will continue to defend the safety of our product because it does not contain asbestos or cause mesothelioma."
"Over the past 50 years, multiple independent, non-litigation driven scientific evaluations have been conducted by respected academic institutions and government bodies, including the US Food and Drug Administration, and none have found that the talc in Johnson's Baby Powder contains asbestos," she added.
Meanwhile, a mistrial was declared in the South Carolina case on 25 May, when a Darlington County jury said it could not agree on a verdict in the case of Bertila Boyd-Bostic, who died of mesothelioma last year.
The case also named talc supplier Imerys as defendants, as well as a local owner of Rite Aid drug stores. Before declaring their deadlock, the jury voted unanimously to clear Rite Aid of South Carolina of liability.
"We continue to believe that the daily use of talcum powder on Bertila from birth led to her death," Boyd-Bostic’s lawyers said in a statement. "We look forward to retrying this case at the earliest opportunity."
Many cases pending
J&J is fighting thousands of talc-related claims nationwide, and the litigation is spreading to Canada, where a Quebec judge authorised a class-action suit in May.
J&J and Imerys Talc were ordered in April to pay $117m in damages to a New Jersey man, the first in a mesothelioma case. J&J's lawyers were back in court there in recent weeks, asking a judge to set aside that verdict.
The company had previously won a similar asbestos suit last autumn in the same Los Angeles County court where the Anderson case was tried.
Juries in multiple states have handed down multimillion dollar awards in cases linking genital talc use to ovarian cancer. But the largest single verdict was overturned in October last year by a California judge, who ruled that the plaintiffs had not proved that the products caused their cancer.
https://chemicalwatch.com/67291/jj-ordered-to-pay-25m-in-second-mesothelioma-verdict
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The Energy 202: Lowe's Moves Before Epa to Pull Deadly Paint Strippers from Shelves
May 30, 2018 | Washington Post
By Dino Grandoni
Earlier this month, the Environmental Protection Agency signaled that it will follow through with an Obama-era proposal to ban the use of a deadly chemical in paint strippers sold at hardware stores nationwide.
Weeks later, the agency has yet to formally follow through on the proposal. But one of the largest of those hardware stores just beat the EPA to the punch.
Lowe's announced Tuesday it will take certain paint strippers linked to dozens of deaths off its shelves.
Both Lowe's and the EPA were spurred by a months-long campaign from public health groups and the families of those killed while using the paint strippers. But the nationwide hardware chain acted first, illustrating how the private sector can often more nimbly respond to public pressure than the government.
“We hope it signals some momentum,” said Joanna Slaney, legislative director for health programs at the Environmental Defense Fund. “But it’s time for EPA to act.”
Lowe's said Tuesday it will phase out paint removal products containing the chemicals methylene chloride and NMP by the end of the year. “We care deeply about the health and safety of our customers, and great progress is being made in the development of safer and more effective alternatives,” Mike McDermott, Lowe’s chief customer officer, said in a statement.
The company said that it is still “actively working” with the EPA “to quickly market new alternatives and lead change in the industry.”
In January 2017, the EPA proposed banning the use of methylene chloride in paint and coating removal products during the last days of Barack Obama's presidency, acting on authority Congress a year earlier had granted the agency to restrict the use of it and other chemicals. But later that year, Scott Pruitt, Trump's EPA chief, postponed the bans.
That is when consumer advocacy and public health organizations such as Safer Chemicals Healthy Families kicked into action, putting pressure on stores to drop the products if the federal government would not intervene.
In February, the group sent letters to Lowe's and Home Depot demanding the stores stop stocking the paint strippers now “rather than waiting for federal regulations to take effect.” They ratcheted up pressure by holding news conferences in front of stores, handing out material to store managers and calling into their customer-service lines, according to Liz Hitchcock, acting director of Safer Chemicals Healthy Families.
“We really think it will save lives,” Hitchcock said.
Activists were planning to show up at Lowe's annual shareholder meeting on June 1. But the company acted before then.
“At first, Lowe’s was thinking of just increasing the alternatives on the market,” said Sujatha Bergen, a policy specialist at the Natural Resources Defense Council. “But before the meeting, Lowe’s engaged and announced they were going to pull the chemical.”
Public health groups pressured the EPA, too. Last month, the Environmental Defense Fund contacted Pruitt’s office on behalf of the families of Drew Wynne and Kevin Hartley, who both died from methylene chloride exposure.
The families got their meeting with the administrator. A few days later, the EPA said it would not redo a 2014 risk assessment that determined inhaling the paint-stripping fumes is dangerous and would submit its rulemaking to the White House's Office of Management and Budget for approval “shortly.”
But such lobbying goes only so far. Lowe's biggest rival, Home Depot, said when reached for comment that it will stick with the EPA rules until they change.
“For us, we're continuing to follow what the EPA does and EPA regulations,” Home Depot spokeswoman Margaret Smith said, noting that the “primary demand for those products are professional contractors.”
The EPA, meanwhile, said it is still working to address methylene chloride in everyday consumer products.
The agency is “moving quickly to immediately address immediate risks from methylene-chloride,” EPA spokeswoman Molly Block wrote in an email.
She added that the EPA will send the rule to the White House "shortly.”
https://www.washingtonpost.com/news/powerpost/paloma/the-energy-202/2018/05/30/the-energy-202-lowe-s-moves-before-epa-to-pull-deadly-paint-strippers-form-shelves/5b0db7941b326b492dd07eda/?utm_term=.6c41120c1e08
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EU Plastics Pollution Proposal ‘Fails to Address’ Hazardous Substances
May 30, 2018 | Chemical Watch
The European Commission’s recently announced draft laws to tackle plastics pollution fail to address the presence of hazardous substances used in single-use plastic products, an NGO has said.
The EU executive says it is targeting the ten such products most often found on Europe's beaches and seas, as well as lost and abandoned fishing gear. The new rules will introduce provisions including:
· plastic ban on certain products: this will apply to plastic cotton buds, cutlery, plates, straws, drink stirrers and sticks for balloons which will have to be made exclusively from more sustainable materials;
· consumption reduction targets: member states will have to reduce the use of plastic food containers and drinks cups;
· obligations for producers: they will help cover the costs of waste management and clean-up, as well as awareness-raising measures for packaging and food contact materials. Industry will also be given incentives to develop less polluting alternatives for these products; and
· awareness-raising measures: member states will be required to raise consumer awareness on the negative impact of littering from single-use plastics.
But the European Environmental Bureau (EEB) said that hazardous substances in the products must be addressed because they can "easily leak" into the environment and food chain.
"Our daily exposure to toxic chemicals used in food packaging and bottles can lead to chronic diseases," Elise Vitali, a chemicals expert at the EEB, said. "A comprehensive strategy must tackle the effects of these single-use plastics on people’s health."
However, the issue of hazardous chemicals in food contact materials and packaging is rising up the agenda. A group of NGOs, including CHEM Trust and ChemSec, has recently collaborated on a project to investigate their presence in plastic packaging.
And in February, the Commission published its amending Regulation on the use of bisphenol A in varnishes and coatings intended to come into contact with food that sets a migration limit of 0.05mg of BPA per kg of food.
MEPs had voted to reject a motion that had called for a total ban on BPA in FCMs at the beginning of the year.
There will now be a three-month scrutiny period by the European Parliament and Council before adoption.
https://chemicalwatch.com/67278/eu-plastics-pollution-proposal-fails-to-address-hazardous-substances
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France Urges Robust REACH Authorisation, SVHC Actions in ECHA Plan
May 30, 2018 | Chemical Watch
The French competent authority is calling on Echa to include measures to strengthen the REACH authorisation process in its strategic plan for the next five years.
France’s comments – along with those of member states, NGOs and industry – were submitted to the agency’s recent consultation on the draft plan for 2019-23.
Echa has set three priorities for that period:
· identification and risk management of substances of concern;
· safe and sustainable use of chemicals by industry; and
· sustainable management of chemicals by applying EU legislation.
The proposed French measures on authorisation should be considered in the context of ongoing applications for chromium VI compounds, it said. And it named the application issued by the Chromium Trioxide Authorization Submission Consortium (CTAC-SUB) as one which "should ultimately impact a significant number of user companies across the EU".
The member state also wants the process to be accelerated and said that inclusion of a substance in Annex XIV – the authorisation list – is a "cumbersome process" and that all chemicals that "should be" on the list are not.
Furthermore, France wants Echa to work to "strengthen the coupled use of authorisation and restriction procedures" to create a "simplified procedure to obtain bans on (imported) articles containing Annex XIV substances". This, it said, will protect European industry while ensuring its security of supply.
The agency should also create initiatives for producers and importers to provide data on the SVHC content of products, it said. "Attention should be given to the control of online sales for the period 2019-23, taking into account, as part of these controls, the REACH obligations relating to substances in the articles (restrictions in particular)."
In the area of the "emerging concerns" of endocrine disruptors, nanomaterials and cocktail effects of chemicals, France said Echa’s plan should include information on work done so far and "lay down ambitious avenues for the period ahead".
And the plan "needs to highlight that Echa will need to ensure the credibility and reliability" of devices to speed up compliance checks of REACH registration dossiers, it added.
In a similar vein, the German competent authority observed the agency should use its resources to improve the quality of registration dossiers. It should also increase support for Echa committees when adopting opinions on authorisations or restrictions", rather than "promoting best business practices".
Echa’s primary goal, it added, should be to fulfil its role as a regulatory authority. It should place "more emphasis" on the identification and risk management of substances of concern "and not on the support of industry complying with their legal obligations".
Role in question
Meanwhile, industry has questioned the scope of Echa’s role over the next five years.
The Aerospace and Defence Industries Association of Europe (ASD) said it is "concerned" about Echa’s ambition to become, by 2023, the main source of scientific knowledge and technical know-how on chemicals, thereby serving a wide range of EU policies and stakeholders.
This statement, the ASD said, is "not appropriate" because such expertise "is acquired primarily through technical development within academia and industry, hence Echa’s ambition is of deep concern".
Eurometaux said that the overall aim is not to duplicate chemicals legislation but render its more effective application. Therefore "it is important to recognise that there might be cases where Echa could rely on specialised knowledge and expertise from third parties".
And Cefic said it had "the impression" that in its strategic plan "Echa is going beyond the roles actually assigned to them, without any clarity on the funding of those tasks".
Echa’s Management Board is expected to endorse the strategy in December.
https://chemicalwatch.com/67299/france-urges-robust-reach-authorisation-svhc-actions-in-echa-plan
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Exxon Mobil Touts Goals to Grow Oil, Gas While Reducing Emissions
May 30, 2018 | Houston Chronicle
By Jordan Blum
Exxon Mobil's chairman and chief executive steadfastly argued the nation's largest energy company can continue to grow its global oil and gas operations while reducing carbon emissions and helping to combat climate change.
CEO Darren Woods led Exxon Mobil's annual meeting Wednesday in Dallas for the first time since shareholders approved a resolution last year asking for an explanation of the impact of climate change on the company's business. Exxon Mobil released an energy and carbon report earlier this year that contended the globe's environmental goals still allow the company to produce energy from its oil and gas reserves.
"We've always adapted to society's changing needs and evolving technologies," Woods said, noting that the company started out making kerosene for lamps. "We're also committed to being part of the solution to climate change"
By 2040, oil and natural gas will still meet about 55 percent of world's energy needs, Woods said. That equates to the equivalent of about about 200 million barrels a day worldwide, up from about 160 barrels now. All energy sources will rise, including wind and solar, except for coal, he said.
He emphasized that Exxon Mobil supports the Paris climate accord, including the goals to keep temperatures from rising more than 2 degrees Celsius above pre-industrial levels by the year 2100. Recent studies have shown the world is not on track to achieve those goals.
Last week, Exxon Mobil said it is commiting to new targets to reduce its methane emissions by 15 percent worldwide by 2020. Exxon said its goals include reducing its natural gas flaring - the burning off of excess gas and its components - by 25 percent during the same timeframe.
Methane, the main component of natural gas, is released into the atmosphere during oil and gas production, as well as from pipeline leaks. Cutting methane emissions could be critical to the energy sector, which is betting big on cleaner-burning natural gas as a more climate friendly fuel.
Exxon Mobil also is working to reduce emissions from its refineries, invest in more biofuels and develop more environmentally friendly plastics, he said.
Woods touted Exxon Mobil's oil and gas growth in areas like West Texas' booming Permian, Papa New Guinea, Guyana, Mozambique and Brazil, as well as refining in petrochemical growth from the Houston area to Singapore.
https://www.chron.com/business/energy/article/Exxon-Mobil-touts-goals-to-grow-oil-gas-while-12954137.php
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Republicans Question Improved Morale at 'Problematic' Agency
May 30, 2018 | E&E Greenwire
By Corbin Hiar
Worker morale is improving at the Chemical Safety Board, and House Oversight and Government Reform Committee leaders want to know why.
"In light of the Committee's prior investigation of the problematic work environment at the CSB and to promote a productive federal workforce, the Committee seeks to learn more about the CSB's efforts to improve employee satisfaction," Republican Reps. Trey Gowdy of South Carolina and Greg Gianforte of Montana wrote in a letter yesterday.
Gowdy, the full committee chairman, and Gianforte, head of the Interior, Energy and Environment Subcommittee, ask CSB's outgoing Chairwoman Vanessa Allen Sutherland to provide them with all documents from the past two years referring or relating to the Federal Employee Viewpoint Survey, internal polling or CSB's workplace improvement committee.
Morale at the agency has improved significantly since EPA's inspector general, who also has oversight of CSB, found that the tiny agency tasked with investigating industrial accidents had dissatisfied workers who had failed to probe more than 90 percent of workplace fatalities in a five-year period (Greenwire, June 30, 2016).
Sutherland has made improving morale and increasing the agency's investigative output top priorities. But earlier this month, she announced her intention to leave CSB in June, two years before her term would have ended (Greenwire, May 22).
https://www.eenews.net/greenwire/2018/05/30/stories/1060082977
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Tribe 'Dumbfounded' as Court OKs 'Black Dust' Settlement
May 30, 2018 | E&E Greeenwire
By Sean Reilly
EPA and the Justice Department have won court approval for changes to a 2015 consent decree that will give a manufacturer of a key tire product years longer to install pollution controls, brushing aside objections raised by members of an Oklahoma Indian tribe living near one of the company's plants.
U.S. District Court Judge Stephen Friot of the Western District of Oklahoma signed off Friday on the amendment to the settlement with Continental Carbon Co.
The Justice Department lodged the amendment late last December. Friot's approval came the same day DOJ attorneys had moved to make it final.
"I'm dumbfounded," Casey Camp-Horinek, a council member of the Ponca Tribe of Indians in north-central Oklahoma, said in a phone interview this morning. "This is just another defilement beyond my comprehension."
Continental Carbon, based in Houston, makes carbon black, a powdery substance used to reinforce tire strength. Almost a decade ago, the company had paid $10.5 million to settle a class-action lawsuit brought by the tribe and nearby landowners over what court filings describe as "black dust" stemming from its Ponca City, Okla., plant.
The 2015 consent decree required Continental Carbon to install controls to reduce soot-forming emissions on a fixed timetable; under the amendment, the firm will get up to 2 ½ more years to meet those terms.
The Trump administration proposed the amendment last year as part of what was essentially an industrywide package deal with Continental Carbon and four other manufactures of carbon black.
Under the deal, three of those companies agreed to take first-ever steps to control emissions of sulfur dioxide (SO2), nitrogen oxides (NOx) and particulate matter (PM).
The fourth, Boston-based Cabot Corp., would also be granted more time to meet the terms of the settlement it reached with EPA in 2013 (Greenwire, March 26).
DOJ lawyers lodged the elements of the deal with various federal courts in late December; the department has moved in recent days to make all of them final, court filings indicate.
'Train had already left the station'
In the case of the amendment to the Continental Carbon consent decree, however, neither EPA nor DOJ had notified the Ponca Tribe, which learned of it from a reporter only in March, well after the standard 30-day public comment period had expired.
The tribe immediately sought formal consultations on a "government-to-government basis," saying in a March letter to EPA Administrator Scott Pruitt that the matter was of the "utmost importance."
In follow-up comments submitted earlier this month, the tribe wrote that the proposed amendment "marks a woeful shortcoming in the agencies' responsibilities to the public."
"The Poncas never consented to living at the wrong end of a tail pipe," the tribe said in the comments. "Notably absent in the proposed amendment is any mention of local impacts of the requested postponement — including a complete dearth of information relating [to] the anticipated health impacts," it added.
The tribe asked the government to undertake an analysis of the anticipated effects and then reopen the matter to public input.
But while officials with DOJ and EPA did meet with tribal representatives last month, "effectively, the train had already left the station," Jason Aamodt, the tribe's general counsel, said in a separate interview today.
In their Friday motion seeking Friot's approval of the amendment, DOJ attorneys disagreed that the federal government was under any obligation to formally consult with the Ponca Tribe, adding that the tribe's comments "do not provide a basis" for rejecting the amendment to the 2015 consent decree.
While Continental Carbon gets more time to comply, "the ultimate requirements to install and operate pollution controls, and to meet stringent SO2, NOx, and PM emission [limits] remained unchanged," the DOJ attorneys wrote.
Besides still ensuring reductions in plant emissions, the amendment also helps provide "a level playing field compared to settlements in similar enforcement actions in the rest of the carbon black industry," their filing says.
Both Continental Carbon and Cabot, citing financial hardship from having to comply with the terms of their original consent decrees, had hired lobbyists to press their case.
But former EPA enforcement officials called it unusual, if not unprecedented, for regulators to allow firms more time to install required pollution controls to put them on par with rivals who settled later.
Dennis Hetu, president of Continental Carbon, did not immediately respond to an emailed request for comment this morning.
https://www.eenews.net/greenwire/2018/05/30/stories/1060083007
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