Preview Newsletter
AM ACC Clips Report - July 12, 2018
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(ACC Mentioned) Chemical Industry Sees Threat to U.S. Jobs in China Trade Spat
Jul 12, 2018 | Bloomberg
By Eliza Haverstock
Hundreds of thousands of jobs in the U.S. chemical industry are at risk as a new round of proposed tariffs against Chinese-made goods threatens to raise costs enough to change “the value proposition” of domestic manufacturing, a trade group warned Wednesday. -
(ACC Mentioned) Will A US-UK Free Trade Deal Ever Happen?
Jul 12, 2018 | BBC
By Natalie Sherman
A year ago, President Trump buoyed hopes of a trade deal between the US and the UK, pledging a "powerful" pact that would happen "very, very quickly". -
(ACC Mentioned) AAR, ACC, API to Trump: Stop The Tariffs—Before It’s Too Late
Jul 11, 2018 | Railway Age
By William C. Vantuono
In July 11, 2018 commentary published in the Washington Examiner, AAR President and CEO Ed Hamberger teamed with American Chemistry Council President and CEO Cal Dooley and American Petroleum Institute President and CEO Jack Gerard to point out the inherent folly of President Donald Trump’s planned imposition of tariffs on steel and aluminum, which would almost certainly cause a simmering trade war with vital economic partners to boil out of control, killing jobs and flushing U.S. economic security into the sewer. -
(ACC Mentioned) Germany Draws Trump's Ire Over Pipeline Project
Jul 12, 2018 | PoliticoPro
By Garrett Ross and David Beavers
... A trio of heads of major trade groups took to the Washington Examiner opinion page this morning to slam President Donald Trump’s escalating trade war on multiple fronts. -
(ACC Mentioend) POLITICO Playbook Power Briefing: The Big News Out Of Trump’s Brussels Trip
Jul 12, 2018 | Politico
By Anna Palmer
... “Other business groups that called for de-escalation of tensions include the American Chemistry Council, whose members include Dow, DuPont, 3M, Honeywell, Exxon Mobil and Chevron. -
New EPA Chief Moves To Soothe Rankled EPA Staffers
Jul 12, 2018 | PoliticoPro
By Alex Guillén and Emily Holden
In a speech at agency headquarters, acting Administrator Andrew Wheeler pledged to safeguard the environment, saying it was his privilege "to work alongside you to protect human health." -
Certainty Drives Better Environmental Protection, New EPA Head Says
Jul 12, 2018 | BNA Daily Environment Report
By Abby Smith
The EPA under acting Administrator Andrew Wheeler has a new policy mantra: providing certainty—to states, regulated entities, and the American public. -
Wheeler To Staff: 'My Instinct Will Be To Defend Your Work'
Jul 11, 2018 | E&E News PM
By Robin Bravender
EPA's new boss, Andrew Wheeler, isn't expected to veer much from ex-Administrator Scott Pruitt's agenda, but his tone is different. -
OPPT Moves Toward Final Review, Implementation Of Reorganization Plan
Jul 11, 2018 | Inside EPA
By Maria Hegstad
The chief of EPA's toxics office hopes to begin final agency review of the plans to reorganize the Office of Pollution Prevention and Toxics (OPPT) later this month, according to an all-hands email Jeff Morris sent in late June, adding that if so, its implementation could take place this year. -
US EPA Round-Up
Jul 12, 2018 | Chemical Watch
The US EPA has extended the comment period for its advanced notice of proposed rulemaking (ANPR) to reevaluate how it assesses costs and benefits in the regulatory process. -
(ACC Mentioned) Monsanto Drags IARC Into the Depths of Its Disinformation Campaign on Glyphosate
Jul 11, 2018 | Union of Concerned Scientists
By Genna Reed
Industry lobbyists have learned that a tried and true way to delay or block unwanted policy proposals is to attack the science supporting those policies and the integrity of the institutions that have conducted the science. We’ve seen this time and time again as plays in the disinformation playbook. -
US EPA Seeks Nominees For Chemical Assessment Committee
Jul 12, 2018 | Chemical Watch
The US EPA has called for nominations to fill "possible vacancies" on its Science Advisory Board (SAB) Chemical Assessment Advisory Committee (CAAC). -
Monsanto Trial Could Air Contentious Scientific Debate
Jul 11, 2018 | BNA Daily Environment Report
By Tiffany Stecker
A federal judge is allowing a closely watched lawsuit against Monsanto Co. to move forward but remains skeptical that the company’s signature weedkiller, Roundup, causes cancer. -
Project Tests If Fish Embryos Can Simplify Pre-Natal Developmental Toxicity
Jul 12, 2018 | Chemical Watch
By Dr Emma Davies
US Scientists are investigating whether pre-natal developmental toxicity (PNDT) testing for regulatory hazard assessment could be radically simplified through use of fish embryos. -
New Hampshire to Set Limits on Fluorochemicals in Drinking Water (1)
Jul 12, 2018 | BNA Daily Environment Report
By Aaron Nicodemus
New Hampshire will join New Jersey, New York, and Vermont in re-evaluating what is considered a safe level of fluorochemicals in drinking water. -
How Trump’s EPA is Keeping Asbestos Legal
Jul 11, 2018 | Environmental Working Group
By Melanie Benesh
A Russian asbestos company is lavishing praiseon Donald Trump and the U.S. Environmental Protection Agency. -
Anses Warns About Allergens, Irritants In Clothing And Footwear
Jul 12, 2018 | Chemical Watch
Tests have revealed the presence of 20 potential allergens and skin irritants in clothing and 50 in footwear, the French Agency for Food, Environment and Occupational Health and Safety (Anses) has said. -
EU Auto Industry Wants DecaBDE Proposal Aligned With REACH
Jul 12, 2018 | Chemical Watch
By Leigh Stringer
The European automotive industry association Acea has called for a European Parliament proposal to set a concentration limit for the flame retardant decaBDE to be revised and aligned with REACH. -
Norwegian Chemical Audits Uncover Widespread Breaches
Jul 12, 2018 | BNA Daily Environment Report
By Marcus Hoy
A series of audits that Norway’s Environment Agency carried out found that almost one in five retail products containing potentially hazardous chemicals breached national labeling rules. -
(ACC Mentioned) Analysts Warn Escalating Sino-American Trade War Could Endanger U.S. LNG; Senate Would Limit Trade Actions
Jul 12, 2018 | Natural Gas Intelligence
By Charlie Passut
Beijing vowed to retaliate against a new round of tariffs proposed by the White House covering $200 billion of Chinese-made products, including liquefied natural gas (LNG) and offshore oil and natural gas drilling and production platforms, and analysts warned that China could strike back by targeting American LNG and other energy products. -
'Rule Of Capture' Case Could Go To Pa. Supreme Court
Jul 12, 2018 | Pittsburgh Post-Gazette (In E&E Energywire)
By Laura Legere
A Marcellus Shale gas producer is asking Pennsylvania's highest court to take up a case with potentially far-ranging consequences for hydraulic fracturing operations. -
DHS Official Pushes To 'Move Beyond' Cyber Info Sharing
Jul 12, 2018 | E&E Energywire
By Blake Sobczak
A top cybersecurity official announced plans to shift the Department of Homeland Security's focus from sharing information on cyberthreats to offering tools for concrete action. -
U.S. Agency Continues Probe Of Husky Superior Refinery Blast
Jul 12, 2018 | Reuters
By Erwin Seba
The U.S. Chemical Safety Board is analyzing metal shrapnel from an April explosion at a Husky Energy Inc refinery in Wisconsin that forced the evacuation of thousands of residents as it continues to investigate the cause of the blast, the agency’s chief said on Wednesday. -
Members Express Support For Transportation, Water Loans
Jul 12, 2018 | E&E Daily
By Maxine Joselow
Lawmakers on both sides of the political aisle yesterday expressed support for low-cost federal loans to fund infrastructure improvements. -
Utilities, Labor Urge EPA To Retain Utility MACT But Ease Requirements
Jul 12, 2018 | Inside EPA
By Stuart Parker
Electric utility groups and labor unions are urging EPA to retain the agency's landmark power plant air toxics rule and soften its requirements instead of scrapping it as EPA air chief William Wehrum has floated, the second major policy ask of the agency since Andrew Wheeler took over as acting administrator from Scott Pruitt. -
California's Cap-And-Trade Is Great - For Other States
Jul 12, 2018 | Science 2.0
Five years ago, California set out to be a world leader in adopting ambitious greenhouse gas reduction targets and created the world's fourth-largest carbon-trading program. Not bad for one state.
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(ACC Mentioned) Chemical Industry Sees Threat to U.S. Jobs in China Trade Spat
Jul 12, 2018 | Bloomberg
By Eliza Haverstock
Hundreds of thousands of jobs in the U.S. chemical industry are at risk as a new round of proposed tariffs against Chinese-made goods threatens to raise costs enough to change “the value proposition” of domestic manufacturing, a trade group warned Wednesday.
If President Donald Trump’s trade war continues to escalate with retaliatory measures from China, demand for American goods will plummet, prompting layoffs at plants and pushing some chemical makers to move production overseas, said Ed Brzytwa, director of international trade for the American Chemistry Council.
“The bigger picture here is that U.S. trade policy is making it much, much more difficult for chemical manufacturers to do business here in the United States,” Brzytwa said. “Around 30 percent of all chemical industry jobs are export dependent. Fewer exports means fewer jobs.”
Tuesday’s proposal to extend tariffs to another $200 billion of Chinese goods came after plastic and chemical companies have been warningfor months that Trump’s trade war could damage their business at home and abroad. The new taxes cover a wide swath of chemicals and materials U.S. manufacturers import from China.460,000 Jobs
Trump’s proposed 25 percent tariff on steel is particularly growth-stifling, he said, because construction of new chemical and plastic plant construction requires such massive amounts of the material. Already, some sites are seeing delivery and scheduling problems as a result of the tariffs, according to the trade group.
The Chemistry Council has a list of 325 manufacturing projects under way in the U.S., representing a cumulative investment of $194.3 billion. If these projects are delayed or canceled, the 460,000 jobs they generated will cease to exist, Brzytwa said.
“The low-cost natural gas feedstock here in the United States makes it an attractive place for chemical plants under a scenario where there are no tariffs, where costs are low,” he said. “But when there are are tariffs, the value proposition changes.”
China meanwhile consumes billions of dollars worth of U.S. chemical products each year. In 2017, the Asian nation purchased $3.2 billion worth of plastic resins from the U.S., and the number is projected to grow along with the burgeoning Chinese middle class.
The tariff burden on American chemicals will be felt throughout the supply chain, hurting the business of U.S. automakers, agriculture and health care companies, Brzytwa predicted.
The Chemistry Council joined with the American Petroleum Institute and the Association of American Railroads on Wednesday to publish a commentary in the Washington Examiner denouncing the new tariffs.
https://www.bloomberg.com/news/articles/2018-07-11/u-s-china-trade-talks-said-to-stall-as-tariff-dispute-escalates
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(ACC Mentioned) Will A US-UK Free Trade Deal Ever Happen?
Jul 12, 2018 | BBC
By Natalie Sherman
A year ago, President Trump buoyed hopes of a trade deal between the US and the UK, pledging a "powerful" pact that would happen "very, very quickly".
But as Mr Trump meets with Prime Minister Theresa May on Thursday, there is increasing uncertainty that he will deliver.
US trade officials remain consumed by fights with major partners including China, Canada and Mexico.
For US businesses, the UK is also on the back burner.
Industry groups say they will not know if they even want the US to do a deal until the terms of Brexit are finalised.
"The question about whether we can still do a deal hinges entirely on what the UK and EU end up doing," said Marjorie Chorlins, vice-president for European affairs at the US Chamber of Commerce.
"Until we know what the UK-EU future relationship looks like, we really can't say what a US-UK relationships will look like."'Long way to go'
Mr Trump's embrace of a UK trade deal marked a striking break with his predecessor Barack Obama, who warned the UK it would be at the "back of the queue" if it left the European Union.
The president remains "ready, willing, and able" to do a bilateral deal as soon as possible, the US ambassador to the UK said this month, pointing to informal talks between the two countries that started last year.
So far, however, the discussions have focused on immediate issues caused by the UK's impending exit from the European Union, such as agreements governing airport landings.
"The reality of getting of getting a trade agreement - it's a big ambition and not easily done," said Duncan Edwards, chief executive of BritishAmerican Business, which represents firms on both sides of the Atlantic. "There's a long way to go."
Ed Brzytwa is director of international trade for the American Chemistry Council, which represents US chemical companies and lobbied heavily during earlier US-EU trade negotiations.
The idea of a UK deal is attractive but "it doesn't seem like there's a lot of activity", he said. "From a US industry perspective, we're focused on the here and now."'Great opportunity'?
Many in the US remain hopeful that the UK outside the EU will be more amenable to US positions on issues that have provoked friction with the European Union.
For example, the US would like to see lower tariffs on agricultural products and less emphasis on protecting names tied to specific places, like Champagne.
"With the UK, I think those things will be easier, so it's a great opportunity," said Senator Rob Portman, a Republican from Ohio who has helped organise a group in the Senate devoted to UK trade.
"Once the UK is able to negotiate directly other countries, we'd like to be at the head of the line."
Formal trade negotiations cannot begin until Brexit is official.
The British mood at that point may not be as welcoming as the US hopes, especially when it comes to issues like regulation, warned David Henig, a former UK trade negotiator.
"It might be easier than negotiation with the EU, but don't mistake that for being easy, mainly because we'll have a lot of domestic pressures," said Mr Henig, now UK director at the European Centre for International Political Economy.
Already, the Trump administration's approach to trade, which seems focused on raising barriers rather than lowering them, has made agreements with Commonwealth countries such as Australia and New Zealand look more appealing, he added.
"This is about a safe a trade deal as you could do in the US, but this is about the least safe thing you could do in the UK," Mr Henig said.
"I think the big question is ... does the US administration actually want trade deals at all?"'Driving the bus'
The Brexit deal outlined by Prime Minister Theresa May last week left many questions unanswered about how much power the UK would have to negotiate issues such as tariffs and other rules.
David Salmonson, a senior director at the American Farm Bureau Federation, said the UK will have to offer more than the current relationship for a deal to win support in Congress, which has final say over trade agreements.
"People will look askance if it seems like what's on the table to be negotiated is what we already have," he said.
In the end, the two sides may opt to sort out smaller issues without looking for a full free trade deal.
The easy political victory that conservatives on both sides of the Atlantic were hoping for, however, remains a long way off, said Daniel S Hamilton, professor at the Johns Hopkins School of Advanced International Studies.
"That was sort of a political idea that ignored some of the difficulties," he said. "Reality is setting in."
https://www.bbc.com/news/business-44294136
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(ACC Mentioned) AAR, ACC, API to Trump: Stop The Tariffs—Before It’s Too Late
Jul 11, 2018 | Railway Age
By William C. Vantuono
In July 11, 2018 commentary published in the Washington Examiner, AAR President and CEO Ed Hamberger teamed with American Chemistry Council President and CEO Cal Dooley and American Petroleum Institute President and CEO Jack Gerard to point out the inherent folly of President Donald Trump’s planned imposition of tariffs on steel and aluminum, which would almost certainly cause a simmering trade war with vital economic partners to boil out of control, killing jobs and flushing U.S. economic security into the sewer.
“The leaders of three of the nation’s most vital industry organizations—which are sometimes at odds on various federal policies—came together to rebuke trade policy emerging from Washington that hinders global commerce,” the AAR, ACC and API leaders jointly said. “America’s energy, manufacturing and transportation industries are prime examples of the collateral damage threatened by Trump’s steel and aluminum tariffs.”
“These materials are critical to every aspect of our operations: building equipment and infrastructure to produce, refine and transport natural gas and oil; manufacturing parts and machines that produce everything from household plastics and automotive parts to waxes and chemicals that touch the daily lives of every household and business; and filling the freight railcars that serve as a nationwide steel delivery network,” the trio said. “In many cases, the specialty steel and aluminum components our industries need are simply not produced in the U.S. Our industries generate growth and savings that directly benefit U.S. households and small businesses. Fortified by free trade and fueled by the American energy revolution, these sectors support millions of jobs in the U.S. and across an array of industries. Tariffs put those benefits at risk.”
Following is the full commentary:A trade war threatens the U.S. economy
Taxpayers and businesses alike celebrated in President Trump’s first year when he reformed regulations and signed a major tax cut—all designed to spur a new era of prosperity and growth for the U.S. economy.
That was then. The President’s more recent trade decisions could reverse that tremendous progress, adding hundreds of billions of dollars in potential costs for American businesses—costs that could ultimately be borne by consumers.
America’s energy, manufacturing and transportation industries are prime examples of the collateral damage threatened by Trump’s steel and aluminum tariffs. These materials are critical to every aspect of our operations: building equipment and infrastructure to produce, refine and transport natural gas and oil; manufacturing parts and machines that produce everything from household plastics and automotive parts to waxes and chemicals that touch the daily lives of every household and business; and filling the freight rail cars that serve as a nationwide steel delivery network.
In many cases, the specialty steel and aluminum components our industries need are simply not produced in the United States.
Our industries generate growth and savings that directly benefit U.S. households and small businesses. Fortified by free trade and fueled by the American energy revolution, these sectors support millions of jobs in the U.S. and across an array of industries.
Tariffs put those benefits at risk.
The examples are endless, but here are just a few:
Since 2010, more than $194 billion of new chemical industry investment has been announced. Steel tariffs threaten around half of that—jeopardizing construction on job-creating projects because companies cannot procure the products they need in sufficient time. Steel tariffs also hurt America’s railroads, with 140,000 miles that make up a steel network across the nation.
Pre-tariffs, the private sector was poised to invest $1.34 trillion in energy infrastructure to keep pace with surging production—supporting more than one million jobs each year on average through 2035. Tariffs could stifle hundreds of billions of dollars’ worth of projects—including new pipeline infrastructure needed to get oil and natural gas from the prolific Permian Basin to markets. The steel tariffs alone could increase the cost of a 280-mile pipeline by as much as $76 million.
Then there are the retaliatory tariffs on U.S. exports that China and other countries could impose.
Crude oil, liquid propane and other non-finished products that are the feedstock of petrochemicals and that fuel locomotives are also impacted by the tariffs. Railroads, which move these goods alongside trucks, would feel the pain, too.
China is threatening to retaliate against U.S.-made chemical exports valued at $5.4 billion. China’s tariffs will hit the U.S. chemical industry not once, but twice by closing China’s market both to chemical exports and exports of finished products using chemicals in their production, including agricultural goods and automobiles. The tariffs on downstream products could lead to less demand for those products and therefore less demand for U.S.-made chemicals.
Against the backdrop of the escalating tariff fallout, stalled efforts to renegotiate the North American Free Trade Agreement point toward even more trouble ahead.
Free trade among the U.S., Canada and Mexico under NAFTA helps support more than 10 million jobs here at home, and the agreement is at the center of a vital supply chain. Our three industries provide just a snapshot of the complex whole, but it’s an instructive snapshot to understand the stakes.
The rail industry supports 1.5 million jobs, one-third of which depend directly on international trade. Bolstered by NAFTA, international trade accounted for $26.4 billion of freight train revenue and 511 million tons of rail traffic in 2014. North America’s energy markets are integrated and interdependent—trading crude oil, natural gas and refined products between the U.S., Canada and Mexico.
Manufacturing components may cross the border as many as seven or eight times, often via railroads, before a final product is complete. Without agreements like NAFTA, tariffs would be levied multiple times, with the vastly more expensive materials potentially leading to higher price tags for consumers.
While we respect the Administration’s vision for U.S. energy and manufacturing dominance, we also know when U.S. trade policy is bad for business and a threat to our economic security.
That’s why our organizations—the American Petroleum Institute, the Association of American Railroads, and the American Chemistry Council—joined a range of industries to support legislation introduced by Sen. Corker (Robert P. Corker Jr., R-Tenn.) to re-examine tariffs. By requiring the President to sit down with fellow elected leaders and consider a full range of trade solutions, the bill is intended to infuse more dialogue into the President’s decision-making and ensure the best possible outcome is achieved.
Right now, the White House has a critical opportunity to avoid years of damaging impacts to American businesses and consumers by undoing these serious tariff missteps. It’s already clear that this well-intentioned policy will actually make the United States less competitive, undermine this Administration’s vision of energy dominance and the manufacturing renaissance, and almost certainly destroy many more jobs than it protects.
By acting quickly and decisively, the Trump Administration can stop a harmful policy before the full impact hits. The economic consequences are as damaging as they are foreseeable. Now is the time to change course.
https://www.railwayage.com/freight/aar-acc-api-to-trump-stop-the-tariffs-before-its-too-late/
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(ACC Mentioned) Germany Draws Trump's Ire Over Pipeline Project
Jul 12, 2018 | PoliticoPro
By Garrett Ross and David Beavers
GERMANY DRAWS TRUMP’S IRE: Germany found itself in Trump’s crosshairs for its involvement with the Russian Nord Stream 2 gas pipeline project, POLITICO’s Rebecca Morin reports. The president, in Brussels today for the start of the NATO summit, accused Germany of being “totally controlled by Russia” at a breakfast before the summit. “I think it’s very sad when Germany makes a massive oil and gas deal with Russia, where you’re supposed to be guarding against Russia and Germany goes out and pays billions and billions of dollars a year to Russia,” he said.
After drawing rebuke for his comments from Democratic leadership — and more mild disagreement from Republican Sen. Orrin Hatch — Trump later did damage control, praising German Chancellor Angela Merkel and saying the U.S. has a “tremendous relationship“ with the country. Read more here.
Russian gas giant Gazprom has spent more than $1.8 million lobbying Congress and the White House on Nord Stream 2 over the last year, in an attempt to fight the imposition of future sanctions, POLITICO Influence’s Theodoric Meyer and Marianne LeVine report. “Nord Stream 2 AG has Roberti Global and the Hawksbill Group on retainer; former Rep. John Sweeney (R-N.Y.), a former Trump transition official, has lobbied the White House on the matter as a subcontractor to Roberti Global,” they write.
Welcome to Afternoon Energy! We’re your hosts Garrett Ross and David Beavers. Send suggestions, news and tips to gross@politico.com, dbeavers@politico.com, mdaily@politico.com and njuliano@politico.com, and keep up with us on Twitter at @garrett_ross, @davidabeavers, @dailym1, @nickjuliano, @Morning_Energy and @POLITICOPro.
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BEGGING FOR MERCURY: A coalition of utilities and union groups on Tuesday wrote to EPA urging it to keep in place the Obama-era mercury rule for coal- and oil-fired power plants in place, Pro’s Alex Guillén reports. Power plant owners spent $18 billion complying with the rule, costs that many utilities and cooperatives are seeking to recoup via ongoing rate reviews, according to the letter. And some of that investment could be on the line if the mercury rule is pulled and state commissioners decide not to pass costs on to customers.
The Edison Electric Institute, the National Rural Electric Cooperative Association, the American Public Power Association and the International Brotherhood of Electrical Workers all signed on to the letter. “Given this investment and these emissions reductions, regulatory and business certainty regarding regulation under CAA section 112 is critical — many of these same units are part of ongoing rate reviews regarding the generating fleet operated by investor-owned electric companies,” they wrote. The letter says that EPA should consider "potential technical revisions" to the rule, "such as considering whether performance tests could be performed less frequently if units are running less frequently." Read more here.
SENATE NAMES ‘MINIBUS’ CONFEREES: The Senate this afternoon names its roster of negotiators to hash out differences with the House over the first spending bill of the year, H.R. 5895 (115), which passed both chambers last month. The senators are: Richard Shelby (R-Ala.), Lamar Alexander (R-Tenn.), John Boozman (R-Ark.), Steve Daines (R-Mont.), James Lankford (R-Okla.), Patrick Leahy (D-Vt.), Dianne Feinstein (D-Calif.), Brian Schatz (D-Hawaii) and Chris Murphy (D-Conn.). The House chose its conferees in June.
While the chambers’ respective minibuses — which cover fiscal 2019 funding for the departments of Energy and Veterans Affairs, as well as the legislative branch, military construction and water projects — do not differ drastically, the House-passed version did controversial language that would sidestep the Obama-era Waters of the U.S. rule. Read more from Pro’s Jennifer Scholtes here.
TRADE GROUPS PAN TARIFF WAR: A trio of heads of major trade groups took to the Washington Examiner opinion page this morning to slam President Donald Trump’s escalating trade war on multiple fronts. “America’s energy, manufacturing and transportation industries are prime examples of the collateral damage threatened by Trump's steel and aluminum tariffs,” write the American Petroleum Industry’s Jack Gerard, American Chemistry Council’s Cal Cooley and Association of American Railroads’ Edward Hamberger. “While we respect the administration’s vision for U.S. energy and manufacturing dominance, we also know when U.S. trade policy is bad for business and a threat to our economic security.”
Gerard, Cooley and Hamberger in their op-ed also hit the administration’s “stalled efforts” to renegotiation NAFTA and throw their institutional weight behind a bill from Sen. Bob Corker to “re-examine” White House tariff policy. The Senate today passed a separate, nonbinding measure pushed by the Tennessee Republican that attaches language to an unrelated spending bill that provides a role for Congress when the president invokes Section 232 of the Trade Expansion Act of 1962, which Trump used to justify the steel and aluminum tariffs. That measure would not apply to a list of some $200 billion worth of Chinese goods the White House published last night that it’s proposing to slap with an additional 10 percent tariff. Read the op-ed here.
DAINES OPINES ON PUBLIC LANDS: Sen. Steve Daines (R-Mont.), who chairs a pair of subcommittees overseeing national parks and conservation, called on Congress to return nearly 450,000 acres of land designated for wilderness study to the public use. Daines introduced a bill, S. 2206 (115), late last year that would accomplish that. “My bill proposes that five study areas, all of which were already determined not suitable for wilderness by the Forest Service after extensive public feedback, be addressed,” Daines writes in Western Wire, a website published by the Western Energy Alliance, an industry group. “This would place almost 450,000 acres of Montana land back where it belongs — in the hands of Montanans.” Read more here.
https://subscriber.politicopro.com/newsletters/afternoon-energy/2018/07/germany-draws-trumps-ire-over-pipeline-project-276146
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(ACC Mentioend) POLITICO Playbook Power Briefing: The Big News Out Of Trump’s Brussels Trip
Jul 12, 2018 | Politico
By Anna Palmer
THE PRESIDENT, after meeting with German Chancellor ANGELA MERKEL, whose country Trump bashed earlier in the day:
TRUMP to reporters: “We’re discussing military expenditure. We’re talking about trade. We have a very, very good relationship with the Chancellor. We have a tremendous relationship with Germany. They’ve made tremendous -- you’ve had tremendous success and I congratulate you. Tremendous success. And I believe that our trade will increase and lots of other things will increase. But we’ll see what happens over the next period of a few months.”
MERKEL, through a translator: “Well, let me say that I am very pleased, indeed, to have this opportunity here for this exchange of views. And, indeed, we had an opportunity to have an exchange about economic developments, on issues such as migration, and also the future of our trade relations.
“We also briefly touched upon the upcoming trips of the president. And let me say that I’m very much looking forward to further extending our exchanges in the future and enhancing them. I think they’re very important to have those exchanges together. Because after all, we are partners, we are good partners, and we wish to continue to cooperate in the future.”
TRUMP with French President EMMANUEL MACRON: Q: “President Macron, do you agree that Angela Merkel is beholden to the Russians?” TRUMP: “Oh, I believe they asked you that. (Laughter.) Thank you. Thank you very much.” MACRON: “No, I think … We just discussed the nature of that. We work together.”
WAPO’S MICHAEL BIRNBAUM and SEUNG MIN KIM in BRUSSELS: “After a tirade against allies, Trump pushes for NATO countries to raise defense spending to 4 percent of GDP”: “President Trump called here Wednesday for NATO leaders to increase their countries’ defense spending commitments to 4 percent of gross domestic product, according to senior U.S. and European officials, hours after he delivered a blistering tirade against Germany and other allies.
“Although Trump joined fellow NATO leaders in approving a sweeping set of plans to bolster defenses against Russia and terrorism, the officials said the U.S. president urged his counterparts in a private session to substantially raise their defense spending goal.
“Asked at a news conference about Trump’s demands on defense spending, NATO Secretary General Jens Stoltenberg did not deny that the president called for the increase and rather suggested that the focus should be on getting every member country to reach the current goal of 2 percent. Only eight of 29 NATO countries are on track to meet the 2 percent goal this year.” https://wapo.st/2zE5eNd
LIVE FROM THE BRUSSELS BUBBLE -- THE PRESIDENT, at 8:40 a.m.: “I am in Brussels, but always thinking about our farmers. Soy beans fell 50% from 2012 to my election. Farmers have done poorly for 15 years. Other countries’ trade barriers and tariffs have been destroying their businesses. I will open…” ...
… also at 8:40 a.m.: “...things up, better than ever before, but it can’t go too quickly. I am fighting for a level playing field for our farmers, and will win!” …
… at 12:41 p.m.: “Democrats in Congress must no longer Obstruct -- vote to fix our terrible Immigration Laws now. I am watching what is going on from Europe -- it would be soooo simple to fix. Judges run the system and illegals and traffickers know how it works. They are just using children!”
… 12:50 p.m.: “What good is NATO if Germany is paying Russia billions of dollars for gas and energy? Why are their only 5 out of 29 countries that have met their commitment? The U.S. is paying for Europe’s protection, then loses billions on Trade. Must pay 2% of GDP IMMEDIATELY, not by 2025.”
SOME CONTEXT … LOUIS NELSON: “[Trump’s tweet] appeared minutes after an appearance by Sen. Chuck Grassley (R-Iowa) on Fox News’s ‘Fox & Friends,’ where he said both he and his constituents are ‘very, very nervous’ about the president’s trade policies, particularly as they pertain to the agriculture industry, which would be particularly vulnerable in a trade war.
“Grassley warned that the president’s tactics have the potential to be ‘catastrophic’ not just for farmers or Iowans, but for the entire U.S. economy. The ‘uncertainty’ wrought by Trump’s threats, Grassley said, has already had a devastating impact.” https://politi.co/2N8IRBb
-- REBECCA MORIN: “Pelosi, Schumer blast Trump’s criticism of Germany”: “The top two Democratic leaders Wednesday denounced Trump‘s criticism of Germany during the NATO Summit in Brussels, saying his comments show that the president is more closely allied with Russian President Vladimir Putin than NATO allies.
“‘President Trump’s brazen insults and denigration of one of America’s most steadfast allies, Germany, is an embarrassment,’ House Minority Leader Nancy Pelosi and Senate Minority Leader Chuck Schumer said in a statement.
“‘His behavior this morning is another profoundly disturbing signalthat the President is more loyal to President Putin than to our NATO allies.’ … Republican Utah Senator Orrin Hatch also broke with the president over his comments, saying he ‘doesn’t agree’ that Germany is controlled by Russia.” https://politi.co/2N92hGj
TRADE WARS … DOUG PALMER: “New Trump tariffs raise fear of ‘multiyear’ trade war with China”: “Business leaders and some Republicans pressed President Donald Trump on Wednesday to meet with Chinese President Xi Jinping to resolve a growing trade dispute after Trump's administration took steps to slap new tariffs on $200 billion worth of Chinese goods. …
“U.S. business groups also urged the administration to begin talks before the effects of the tariffs can damage U.S. economic growth and undo the positive benefits of tax reform and moves by the administration to reduce red tape. ‘The last thing America’s manufacturing workers need is an escalating trade war,’ said Jay Timmons, president and CEO of the National Association of Manufacturers, in a statement …
“Other business groups that called for de-escalation of tensions include the American Chemistry Council, whose members include Dow, DuPont, 3M, Honeywell, Exxon Mobil and Chevron. They noted Trump has also alienated many key allies by imposing tariffs on their steel and aluminum exports to protect U.S. national security.” https://politi.co/2Je91jM … Washington Examiner op-ed by the heads of API, AAR and ACC, “A trade war threatens the U.S. economy” https://washex.am/2KP2OAs
-- WSJ’S LINGLING WEI in BEIJING: “‘Shocked’ by Latest U.S. Tariffs, Beijing Seeks Retaliatory Action”: “The U.S.’s plan to wallop China with new tariffs is putting Beijing in a bind, forcing it to retaliate in ways likely to cast doubt on its commitment to rules-based global trade. … [The announcement] stoked anger and hand-wringing among Chinese officials on Wednesday. China doesn’t import enough from the U.S. to match Washington dollar for dollar as it has in previous rounds, so Beijing is reviewing plans to hit back in other ways, said Chinese officials familiar with the plans.” https://on.wsj.com/2KMBnad
** A message from Delta Air Lines: At Delta, we’re committed to donating 1% of our net profits to charitable organizations around the world. Delta contributed over $40 million to charities and nonprofits in 2017, and we look forward to continuing our support for years to come. For more information about Delta, visit www.delta.com. **
Good Wednesday afternoon. SPEAKER PAUL RYAN responded to a question from Rachael Bade, and said he is willing to hold Lisa Page in contempt of Congress. KYLE CHENEY https://politi.co/2L1Bazu
SPOTTED: Bill Clinton and Terry McAuliffe playing golf at Congressional today. Pic https://bit.ly/2N7sc0V
CASH DASH … SEN. JOHN CORNYN (R-TEXAS) raised a cool $1 million into his victory fund. Donors included: John Kaneb, the CEO of HP Hood, the parent company of Hood milk ($150,000), Steven A. Cohen ($45,400) and Leon Black ($10,000).
GREAT STORY … WAPO’S PAUL SCHWARTZMAN and MICHELLE BOORSTEIN: “The elite world of Brett Kavanaugh” https://wapo.st/2JdIFOO
-- NAVIGATOR -- a Democratic research and messaging consortium -- has a new poll on what people care about in a Supreme Court justice. https://politi.co/2zwg3ka
NYT’S JONATHAN MARTIN and ALEX BURNS, with a Boonville, Indiana, dateline: “For Midterms, Supreme Court Political Drama Plays to Its Audience”: “Joe Donnelly (D-Ind.) knew his audience: Addressing a group of camouflage-clad union mine workers and retirees here last weekend, the Democratic senator trumpeted his efforts to protect their pensions and health care, asked attendees to raise their hands if they knew someone with a pre-existing health condition, and made not a single mention of the upcoming Supreme Court vote that could determine his political fate in November.
“‘It’s a big deal to those who know it’s a big deal, but it doesn’t translate to folks that go to work every day — they’re focused on things that make their life better,’ said Russ Stillwell, a former Democratic state lawmaker from this southern Indiana community …
“The monthslong Supreme Court clash that lies ahead will draw hundreds of thousands of activists to the fray, produce tens of millions of dollars in advertising and consume untold hours of television coverage.But the long-awaited debate over replacing Justice Anthony M. Kennedy’s swing vote is more likely to intensify the existing forces of the 2018 midterm elections rather than turn the campaign on its head.” https://nyti.ms/2Jf2F3k
LAST NIGHT AT THE TRUMP HOTEL -- SPOTTED: Corey Lewandowski meeting with Chase Kroll, along with Brian Darling and Beau Rothschild. Matt Schlapp meeting with Tony Sabato Jr., who is running for Congress in California.
ATTN. TRUMP … DE BLASIO BROKE IMMIGRATION LAW, FEDS SAY! -- “Border Protection says NYC mayor crossed border illegally,” by AP’s Coleen Long: “New York City Mayor Bill de Blasio and his security detail violated both Mexican and U.S. immigration laws by crossing the border on foot during a visit near El Paso, Texas, U.S. Customs and Border Protection alleges in a letter obtained by The Associated Press. The mayor’s office flatly denied the allegation.
“De Blasio … went to the Texas border with about 20 other mayors from around the country on June 21, the day after President Donald Trump signed an order stopping family separations at the border. De Blasio went to a holding facility for immigrant children but was denied entry. He then went to Mexico and crossed into the U.S. to get a view of the facility. The New York Police Department runs de Blasio’s security detail.” https://bit.ly/2m7Wmpf
FOR YOUR RADAR -- “FCC Proposes Rebuilding Comment System After Millions Were Found Fake,” by WSJ’s James Grimaldi: “The chairman of the [FCC] proposed an overhaul of the agency’s online comment system after millions of fake comments were posted about a recent FCC rule change.
“[Ajit Pai] said in a letter to two senators that he was proposing ‘to rebuild and re-engineer’ the commission’s electronic comment system ‘to institute appropriate safeguards against abusive conduct.’ In the July 6 letter to Sens. Pat Toomey, a Pennsylvania Republican, and Jeff Merkley, an Oregon Democrat, Mr. Pai said he has asked Congress for permission to shift funds to pay for the comment system overhaul.
“Messrs. Toomey and Merkley wrote to Mr. Pai in May to complain that their names had improperly been used to post comments on Mr. Pai’s repeal of Obama-era rules on the internet known as net neutrality.” https://on.wsj.com/2KZAryz
WEDNESDAY LISTEN -- ANNA sat down with Scandal’s BELLAMY YOUNG: “On the latest episode of the Women Rule podcast, Young – who played Mellie Grant, the Republican president of the United States in the show’s final season – said the surprise outcome of the 2016 election had a major effect on the popular ABC drama. Had Hillary Clinton been sitting in the Oval Office, ‘we would have ended a year sooner,’ the actress said of the show, which topped off its final season in the spring of this year. With Trump in the White House currently, ‘we definitely got an extra year.’” Listen to the full podcast episode https://politi.co/2N790QS
HMM -- “A Hacker Sold U.S. Military Drone Documents On The Dark Web For Just $200,” by Forbes’ Thomas Fox-Brewster: “On Wednesday, researchers at cybercrime tracker Recorded Future reported that a hacker was trying to flog documents about the Reaper drone used across federal government agencies for between $150 and $200. It appeared they’d successfully hacked into at least two computers belonging to U.S. military personnel and the theft could have a significant impact on American campaigns abroad, Recorded Future warned.
“On Wednesday, researchers at cybercrime tracker Recorded Futurereported that a hacker was trying to flog documents about the Reaper drone used across federal government agencies for between $150 and $200. It appeared they’d successfully hacked into at least two computers belonging to U.S. military personnel and the theft could have a significant impact on American campaigns abroad, Recorded Future warned.” https://bit.ly/2zugifB
MEDIAWATCH -- “As Comcast Weighs Higher Fox Bid, Sky Offer Now in Jeopardy Too,” by Bloomberg’s Joe Mayes: “Rupert Murdoch’s 21st Century Fox Inc. boosted its bid for Sky Plc, adding pressure on Comcast Corp. to retaliate in global game of M&A chess that’s being waged by the world’s biggest media companies. Fox offered 14 pounds per share, valuing Britain’s top pay-TV company at 24.5 billion pounds ($32 billion). That’s 12 percent more than Comcast’s rival 22 billion-pound offer.
“Now it’s up to Comcast to respond. Sky is a pawn in a wider contest between Comcast and Walt Disney Co. for the bulk of Murdoch’s media empire, as the U.S. media giants try to take on powerful digital rivals like Netflix Inc. Murdoch has a deal to sell Fox’s entertainment assets to Disney, including its Sky stake. Meanwhile, time is running out for Comcast Chief Executive Officer Brian Roberts to come in with a counter bid in both the battle for the Fox portfolio and for Sky.” https://bloom.bg/2ztcc7l
-- NBC NEWS’ CLAIRE ATKINSON launched THE QUERY, a news media blog and forthcoming weekly newsletter. The blog https://nbcnews.to/2IP74Kc
TOP ED -- JAMES STAVRIDIS, former NATO supreme allied commander, in Bloomberg: “Memo to Trump: Don’t Give Away the Farm to Putin” https://bloom.bg/2u9kZGK
SPOTTED -- Eric Holder in the Admirals Club this morning at DCA … Susan Rice on AA 4278 from DCA to Westchester County.
SPOTTED at Morgan Ortagus’ and Katie Pavlich’s joint birthday party last night at DBGB: Sen. Lindsey Graham (R-S.C.), former Sen. Norm Coleman (R-Minn.), Reps. Will Hurd (R-Texas) and Scott Taylor (R-Va.), John Rood, David Trulio, Michael Crowley, Evelyn Farkas, Michelle Kosinski, Marty Obst, Tony Sayegh, Samantha Menh, Stephen Cox, Kevin Cirilli, Reg Brown, Lisa Spies, Michael Greenwald, Robert O’Brien and Jon Harrison.
TRANSITIONS -- Amaya Smith, most recently AFL-CIO’s comms director and senior adviser to the president, is heading to the National Partnership for Women and Families to be VP for marketing and communications. Josh Goldstein is succeeding her. … Lilia Dashevsky is joining AIPAC as direct marketing specialist. She most recently was senior coordinator of social digital content at The Washington Center.
WELCOME TO THE WORLD – ROMNEY ALUMNI: Kaitlyn McClure, a policy adviser at Covington and Burling and a Romney 2012, John Hoeven and Judd Gregg alum, and Matthew Raymond, a program analyst at the National Institute of Neurological Disorders and Stroke at the NIH, recently welcomed Alice Riley Raymond. Pics http://bit.ly/2Jf9QIX ... http://bit.ly/2zupkZT
HAPPY BIRTHDAY to SEC chairman Jay Clayton (h/t Natalie Strom)
BONUS BIRTHDAY OF THE DAY: KayAnn Schoeneman, marketplace leader for Washington, D.C. and director of public affairs at Ketchum. A trend she thinks deserves more attention: “CEO turnover is the highest it has been in over a decade. I don’t think there is enough coverage about the root cause and the pressure for CEOs to deliver consistently to multiple stakeholders.” Q&A: https://politi.co/2uc3GVa
** A message from Delta Air Lines: At Delta Air Lines, we’re proud to support the causes that shape our world by giving back to the communities where we live, work, and serve. We’re committed to donating 1% of our net profits to key charities and nonprofit organizations as we strive to truly make a difference in D.C. and throughout our global communities.
Our goal is to positively impact the world through continued investments in our current partners as well as contributions to our new partners. Our donations support education, promote health and wellness, and salute our armed service members and veterans.
We contributed over $40 million in 2017 to charities and nonprofits around the world, and we look forward to continuing our support for many years to come.
https://www.politico.com/newsletters/playbook-power-briefing/2018/07/11/trump-brussels-nato-merkel-macron-285304
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New EPA Chief Moves To Soothe Rankled EPA Staffers
Jul 12, 2018 | PoliticoPro
By Alex Guillén and Emily Holden
EPA’s new chief sought Wednesday to turn the page on Scott Pruitt.
In a speech at agency headquarters, acting Administrator Andrew Wheeler pledged to safeguard the environment, saying it was his privilege "to work alongside you to protect human health." He reassured employees shellshocked by Pruitt’s 17 months of secrecy and scandal that he shared their concerns. And he welcomed reporters into the EPA’s fortress-like building, even setting out extra chairs for them.
The former industry lobbyist’s 15-minute address still made it clear he intended to hold the course that his predecessor had set — rolling back EPA’s Obama-era regulations and helping speed the development of energy sources like coal, gas and oil. But the contrast with the Pruitt era still had people expressing relief.
“Seems like he gets it better than Pruitt. Fingers crossed,” said one staffer, who added that Wheeler's plan to stick to regulatory rollbacks was “predictable.”
Wheeler avoided directly criticizing Pruitt’s management of the agency, which has shed nearly a thousand workers and seen morale dive. Instead, he sought to connect to the staff by discussing on his own stint as a career EPA employee in the early 90s, assuring them he understands the stress they face amid changing leadership, and he pledged to be open to career experts’ feedback.
“America is blessed with abundant natural resources, resources we use to fuel and feed the world,” he said. “We will continue to protect and steward these resources for the benefit of ourselves and our prosperity."
And he recited many of the same phrases popular with Pruitt and other conservatives about changes they wanted to make at the agency.
"We’re also restoring the rule of law, reigning in federal regulatory overreach and refocusing EPA on its core responsibilities,” Wheeler said. “As a result, the economy is booming and economic optimism is surging."
Wheeler said he intended to emphasize many of the same environmental priorities as Pruitt, including clean-ups of toxic Superfund sites, improving water infrastructure and initiating chemical safety reviews.
"We will continue to press forward on all of these fronts," he said.
Wheeler said he would focus on a three-pronged agenda, much of which mirrored Pruitt's priorities: Making states more responsible for environmental regulation and enforcement; taking action more quickly on permitting decisions and enforcement; and increasing risk communication.
And he said the agency's permitting and enforcement were not designed to help corporations, and he would move give them more clarity on issues like approving permits, which companies have complained could take years to obtain.
"I am not suggesting that we approve all permits within a set amount of time. I am suggesting that we make a decision, yes or no, up or down, within a set amount of time," he said.
Wheeler said his recent years in private practice had given him insight into how companies work, including how EPA's long process around enforcement actions weighed on companies, since those ongoing actions have to be disclosed by publicly traded companies. Having those enforcement actions appear again and again in corporate reports "hurts competitiveness," he said.
Wheeler also sought to blunt any concerns about his past lobbying for — among other companies — coal producer Murray Energy, which the press has cited “in a derogatory manner,” Wheeler said.
“I’m not at all ashamed of the work I did for the coal company,” he said, adding that most of his work for Murray was related to miner health care and pension bills in Congress.
Although lobbying disclosures are supposed to provide as much detail about specific bills being lobbied on as possible, the quarterly disclosures from Faegre Baker Daniels, Wheeler’s prior firm, say only that he worked on “general energy and environmental issues.”
None of the disclosures show Wheeler lobbied EPA for Murray. It is known that he helped the company present its policy priorities to Energy Secretary Rick Perry last year, when he attended a meeting between Perry and CEO Bob Murray. Wheeler has acknowledged he joined the meeting, but said he had little involvement in writing the plan, much of which involved rolling back EPA regulations.
Wheeler’s assurances did little to comfort Denise Morrison, the acting head of AFGE Council 238, a union that represents about 9,000 EPA workers nationwide.
Wheeler will be more “disciplined” that Pruitt, but his speech on Wednesday “is simply a superficial attempt to plug the leaks and quell the dissent,” she said in a statement.
“A successful coal lobbyist doesn’t change his stripes. He will continue to champion deregulation and permit big polluters to evade compliance altogether,” Morrison added.
One career staffer who watched the video stream of Wheeler’s speech said there was a notable difference in his “tone and pitch,” compared to Pruitt, and that her coworkers were split over what to think of their new boss.
“We’ll just have to wait and see,” she said. “Because speeches change.”
https://subscriber.politicopro.com/energy/article/2018/07/new-epa-chief-moves-to-soothe-rankled-epa-staffers-679693
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Certainty Drives Better Environmental Protection, New EPA Head Says
Jul 12, 2018 | BNA Daily Environment Report
By Abby Smith
New acting EPA head seeks to provide certainty to states, regulated entities, public
Wheeler says he values EPA staff input, taking different tone from Pruitt
The EPA under acting Administrator Andrew Wheeler has a new policy mantra: providing certainty—to states, regulated entities, and the American public.
Wheeler, who moved from the Environmental Protection Agency’s No. 2 spot to its helm July 9, said in his first public remarks to agency employees that he will focus on restoring certainty in the agency’s policy making and in the manner the EPA communicates with the public.
“A lack of certainty and clarity from EPA hinders environmental protections and creates paralysis in the marketplace,” Wheeler told employees gathered the map room at EPA headquarters July 11.
He outlined three areas in which he will focus his efforts: with state and local governments, within EPA programs such as permitting and enforcement, and in risk communication.
The focus on certainty isn’t too far afield from one of the messages of his predecessor, ousted Scott Pruitt, who spoke frequently about wanting to provide regulatory clarity to business. Wheeler also told EPA employees he intended to continue Pruitt’s priorities, such as cleaning up Superfund sites.
But unlike his predecessor, Wheeler deliberately outlined the role he expects EPA career staff to play. Even while pointing out improvements at the agency he thinks need to be made, he stressed he wasn’t aiming to find fault in the work of EPA career employees.
“I value your input and feedback,” Wheeler said. “My instinct will be to defend your work, and I will seek facts from you before drawing conclusions.”
Relationship with BusinessWheeler also made a point to say he doesn’t intend to let regulated entities off the hook or answer their every ask—an effort to distance himself from the industry-cozy appearance for which the agency under Pruitt was widely criticized.
For example, noting the EPA’s goal to get the time it takes to make permitting decisions down to six months, Wheeler said, “I am not suggesting that we approve all permits in a set amount of time. Yes or no, up or down, within a set amount of time.”
He added he isn’t looking to be lenient on business in enforcement but is aiming for timely and consistent decisions on pending enforcement actions.
“Accomplishing this would dramatically improve our relationship with American business and take away a lot of the criticism that is lobbed at the agency,” Wheeler said.
‘Unregulated Capitalism’Environmental groups, as well as some of EPA’s own employees, weren’t convinced Wheeler’s tenure at the agency will be much different from Pruitt’s.
“Plain and simple, this ‘regulatory certainty’ is the new unregulated capitalism,” Denise D. Morrison, acting president of the American Federation of Government Employees National Council of EPA Locals No. 238, said in a statement.
“Quietly, Wheeler has replaced EPA’s mandate to defend public health with political appointees who apply arbitrary science to protect industry and put the kybosh on laws preventing air pollution, water contamination and toxic lands remediation.”
The EPA employees union expects little to change at the agency, “whose toothless enforcement represents a bar that is too low to even trip over,” Morrison added.
https://news.bloombergenvironment.com/environment-and-energy/certainty-drives-better-environmental-protection-new-epa-head-says?context=landing-heroes
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Wheeler To Staff: 'My Instinct Will Be To Defend Your Work'
Jul 11, 2018 | E&E News PM
By Robin Bravender
EPA's new boss, Andrew Wheeler, isn't expected to veer much from ex-Administrator Scott Pruitt's agenda, but his tone is different.
Wheeler, who took over Monday as acting administrator after Pruitt's resignation last week, spoke to staff and the press today in a standing-room-only speech in agency headquarters.
Wheeler praised President Trump and Pruitt for their work so far at the agency. "We have made tremendous progress over the past year and a half," he said.
As for his agenda atop EPA, Wheeler said, "When President Trump called me last week and asked me to take the lead, he asked me to focus on three key areas. He said clean up the air, clean up the water and provide regulatory relief. I think we can do all three of those things at the same time."
While Pruitt was known for alienating career staff during his tenure, agency employees who showed up to listen today said they were cautiously optimistic.
And Wheeler praised EPA staffers and pledged to listen to them and try to minimize the stress that comes with a leadership change. He also announced that Henry Darwin, EPA's chief of operations, will be acting as deputy administrator.
"I understand how stressful that change can be, and I want you to know that I understand that and I will try to minimize the stress that you all deal with on a daily basis and as employees here at the agency," Wheeler said in EPA's Rachel Carson Green Room.
In his roughly 15-minute speech, Wheeler called EPA staff "some of the most dedicated of all the federal career employees."
He emphasized his former position as an EPA employee in the 1990s: "Just like me, you came to EPA to help the environment. I know firsthand how dedicated and passionate you are, and it is a privilege to work alongside you and lead the agency in its vital mission of protecting human health and the environment."
He added, "To the employees, I want you to know that I will start with the presumption that you are performing our work as well as it can be done. My instinct will be to defend your work, and I will seek the facts from you before drawing conclusions."
The event was open to staff on a first-come, first-served basis. Other staffers tuned in on their computers and televisions.
One longtime EPA career employee who declined to give his name called the speech "very positive" and upbeat. When asked to compare the newcomer Wheeler to Pruitt, that person said, "We think [Wheeler] has a higher regard for what we're doing."
Another EPA career employee said she was grateful that he had invited staffers, and was excited to see what's next.
A staffer who wasn't in the room but watched the speech said, "It was more human than Pruitt. I think folks will be encouraged that the days of our boss blaming and hating us are over."
One detail that several career staff brought up was that a hallway in the administrator's suite had been opened up since Pruitt's departure. The hallway was off-limits to career staff under Pruitt, which rankled some employees because the hallway connects two important corridors in the sprawling headquarters.
The hallway is lined with portraits of past administrators. Ex-Obama EPA chief Gina McCarthy's portrait isn't among them, although it has been completed. EPA officials said they're working with McCarthy's staff to arrange a time to hang it. They said the hallway will remain open under Wheeler's leadership.
Asked why he wanted to attend today's event, one career employee joked, "Because the doors were open."
Among those in the crowd today were Sen. Jim Inhofe (R-Okla.), Wheeler's former boss, and at least a dozen political staffers. Wheeler didn't take questions from the crowd.
Pruitt wasn't there, but he remains in Washington, according to an EPA official. It's unclear what the ex-EPA boss will do next.
https://www.eenews.net/eenewspm/2018/07/11/stories/1060088825
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OPPT Moves Toward Final Review, Implementation Of Reorganization Plan
Jul 11, 2018 | Inside EPA
By Maria Hegstad
The chief of EPA's toxics office hopes to begin final agency review of the plans to reorganize the Office of Pollution Prevention and Toxics (OPPT) later this month, according to an all-hands email Jeff Morris sent in late June, adding that if so, its implementation could take place this year.
"Our goal is to begin the formal Agency review process in July with the hope of implementing a new organization later this year," Morris writes in a June 25 email to all OPPT staff and reviewed by Inside EPA.
Morris and other top OPPT leaders have been working on the reorganization for nearly a year, a major undertaking for the primary EPA office tasked with implementing Congress' 2016 reform of the Toxic Substances Control Act (TSCA).
Morris announced the reorganization last fall, explaining that the goal is to better organize the office around the myriad new responsibilities the updated statute places on EPA.
Of special concern is the office's new responsibility to assess and possibly regulate existing chemicals, those that were on the market before the original TSCA took effect in 1976, and were largely grandfathered from it.
Morris' email is the latest update in the reorganization process begun last September. Then, Morris sought OPPT employees' opinions on three straw options for collapsing OPPT's existing seven-division structure into five divisions.
These plans, however, drew significant staff concerns. Morris delayed the reorganization effort last April to propose a new revised plan with six divisions. The new plan, which OPPT now appears to be acting upon, relies on OPPT leadership being able to hire a sufficient number of new scientists to fill a second risk analysis division to bolster chemical assessments required by the reformed TSCA.
Morris' May update on the reorganization explained that OPPT leaders have begun staffing the planned new divisions: a new chemicals management division (NCMD) and existing chemicals management division (ECMD) with matching new chemicals science (NCSD) and existing chemicals science divisions (ECSD); a Chemical Right-To-Know, Analysis and Innovation Division (CRAID); and a Mission Operations Division (MOD).
Division Leaders
In the prior update, Morris identified many of the leaders selected as division directors and deputy directors, including Tanya Mottley as ECMD director, Lynn Vendinello has been selected as deputy director of NCMD, Tala Henry to be director of NCSD, Stan Barone deputy director of ECSD David Widawsky as CRAID director and Pam Myrick as MOD director. Leadership slots have yet to be filled for NCMD director, ECSD director and deputy director for NCSD.
Continuing the stepwise-approach of allowing staff to request their preferred new assignments, Morris' latest email notifies all OPPT staff that they will receive an optional questionnaire asking for work assignment preference, linked to work descriptions of all divisions and branches. Morris asked staff to return the questionnaire by July 6.
"To provide everyone with as much information as possible to inform the identification of their individual preferences, we are employing a stepwise approach," Morris writes in the email. "Thus far we have conducted the preference process for existing managers and supervisors (e.g. Division Directors, Deputy Division Directors, Associate Division Directors, and Branch Chiefs)."
Morris' June update and the questionnaire, opened that preference process to all OPPT staff. Morris' email was accompanied by the latest diagram of the reorganized OPPT with identified leaders, adding branch leaders for the first time.
Noting that the approach came from staff comments, Morris adds, "We think it is important to understand and consider as we make critical decisions on how to staff and resource the new organization. At the same time, we want everyone to understand that while we will consider individual preferences, we anticipate there will be situations where management determines that another placement is in the best interest of the organization. All assignments will be made prioritizing our primary responsibility of ensuring that the organization is staffed in such a way as to most effectively and efficiently achieve our important mission."
https://insideepa.com/daily-news/oppt-moves-toward-final-review-implementation-reorganization-plan
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Jul 12, 2018 | Chemical Watch
Comment period extension – cost and benefit analysisThe US EPA has extended the comment period for its advanced notice of proposed rulemaking (ANPR) to reevaluate how it assesses costs and benefits in the regulatory process.
The agency is seeking comments on the future proposal, Increasing Consistency and Transparency in Considering Costs and Benefits in Rulemaking Process. It has extended this consultation by 30 days, to 13 August.
The extension comes at the request of several organisations, including:the attorneys general from New York, Iowa, Maryland, Massachusetts, New Jersey and the District of Columbia;several water agency associations and state drinking water administrators;the American Lung Association;the Environmental Defense Fund; andPhysicians for Social Responsibility: Environment & Health. Receipt of information under TSCA
The agency has announced receipt of information submitted pursuant to a rule, order or consent order under TSCA for acetaldehyde, reaction products with formaldehyde, by-products from (CASRN 68442-60-4).
The substance is a chemical intermediate used in processing as a reactant in the construction industrial sector.
The EPA received a letter of intent to conduct testing, consistent with testing requirements for a set of high production volume (HPV) chemicals.
https://chemicalwatch.com/68554/us-epa-round-up
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(ACC Mentioned) Monsanto Drags IARC Into the Depths of Its Disinformation Campaign on Glyphosate
Jul 11, 2018 | Union of Concerned Scientists
By Genna Reed
Industry lobbyists have learned that a tried and true way to delay or block unwanted policy proposals is to attack the science supporting those policies and the integrity of the institutions that have conducted the science. We’ve seen this time and time again as plays in the disinformation playbook.
One of these examples is continuing to play out right now. Monsanto and the American Chemistry Council have launched a full-throttle attack on the international scientific body, the International Agency for Research on Cancer (IARC), after it issued a review of the scientific literature in 2015 that concluded that the herbicide, glyphosate, is a probable carcinogen. The latest development in this years-long effort? A rider on the House version of the HHS appropriations bill that would prevent the National Institutes of Health from lending any financial support to IARC unless it agrees to push for reforms at IARC that have been called for by Lamar Smith and the House Science Committee at the bequest of the chemical industry.So why all the fuss about IARC and its glyphosate review?
IARC is an arm of the World Health Organization and funded by 24 governments, and predominantly by the NIH National Cancer Institute. It has been reviewing the evidence on potentially carcinogenic agents for over four decades and has been continually improving its process to maintain rigor, objectivity, and transparency.
Enter glyphosate. Glyphosate is the active ingredient in Monsanto’s best-selling weedkiller, Roundup, and is used on the majority of commodity crops in the United States because it is effective at controlling a variety of weed types. Any change in the safety determination of this chemical would shake up the messaging that the company has used for years. Monsanto got to work quickly using several plays in the disinformation playbook to control the science and the narrative.Monsanto’s campaign to tarnish IARC’s credibility
IARC’s monograph volume 112 evaluated glyphosate and four other herbicides by reviewing the published, peer-reviewed scientific literature available and classifying it as a “probable carcinogen.” It was published in March 2015. A complex campaign to challenge the IARC study and IARC itself had also begun from Monsanto even before the monograph came out since they were tipped off by a former EPA employee on the document’s conclusions months beforehand. Documents released in 2017 revealed that as a part of their plan, they would “get someone like Jerry Rice (ex-IARC) to publish paper on IARC: how it was formed, how it works, hasn’t evolved over time, they are archaic and not needed now.” They would try to form “crop protection advisory groups,” conduct scientific papers on animal carcinogenicity for which “majority of writing can be done by Monsanto” to keep costs down. Monsanto even ghostwrote at least one opinion piece about IARC that was published in Forbes.
In early 2017, the American Chemistry Council (of which Monsanto is a member) started an organization called the Campaign for Accuracy in Public Health Research aimed at setting the record straight on cancer determinations for certain items, including glyphosate, red meat, and cell phones by promoting “credible, unbiased, and transparent science as the basis for public policy decisions.” On its website, there are several pieces that attack IARC’s process. This appeared to be almost directly a response to the IARC’s 2015 classification as glyphosate as a probable carcinogen.
Not only was an assault launched on the institution, but the scientists at the helm of IARC and those who composed the glyphosate workgroup have been harassed and their integrity challenged. The conservative advocacy group and known FOIA abusers, Energy and Environment Legal Institute (E and E Legal) filed a series of open record requests to IARC panelists asking for deliberative documents about the glyphosate monograph, to which IARC has told scientists not to release the documents because IARC is the owner of those materials, seeking to defend panelists’ right to debate evidence openly and critically which does not need to be subject to public scrutiny.
The House of Representatives Science Committee, led by the fossil fuel and chemical industry’s favorite champion Lamar Smith, has sent multiple letters to IARC Director, Christopher Wild, questioning the integrity of glyphosate workgroup to which he has responded (in November 2017and January 2018) and defended both the participating scientists and the institution and its process as upholding the “highest principles of transparency, independence, and scientific integrity.”
This whole campaign is eerily similar to the Sugar Association’s effort to derail a World Health Organization (WHO) report that recommended a 10 percent limit on calorie intake from added sugars back in 2003. The report, produced by the WHO and the Food and Agriculture Organization (FAO) in consultation with 30 health experts, reviewed the scientific literature and concluded that added sugars “threaten the nutritional quality of diets” and that limiting sugar intake would be “likely to contribute to reducing the risk of unhealthy weight gain.” In a letter to the WHO, the president and chief executive officer (CEO) of the Sugar Association demanded that the report be removed from WHO websites, arguing that “taxpayer dollars should not be used to support misguided, non-science-based reports.” The letter also threatened the suspension of U.S. funding to the WHO, warning, “We will exercise every avenue available to expose the dubious nature of [the report] including asking Congressional appropriators to challenge future funding” to the WHO. In addition to attacking the WHO directly, the Sugar Association, along with six other industry trade associations wrote a letter to the secretary of HHS Tommy Thompson asking for his “personal intervention” in removing the WHO/FAO report from the WHO website and challenging the report’s recommended sugar intake limit. Unfortunately, this effort was effective in limiting the report’s influence on health policy. The World Health Assembly—the WHO’s decisionmaking body and the world’s highest health-policy-setting entity—issued a global health strategy on diet and health the following year, and the strategy contained no reference to the comprehensive WHO/FAO report.IARC must be protected
We need more independent bodies conducting scientific reviews of the chemicals that we are exposed to on a daily basis, not fewer. And we certainly need to hang on to the institutions that currently provide us with this much-needed service. Over one hundred scientists and health professionals from US and international institutions published a paper in 2015 evaluating IARC’s role over the course of the past 40 years, outlining its role in identifying carcinogenic substances and informing important public health policy decisions. They push back against recent criticisms, writing, “We are concerned…that the criticisms expressed by a vocal minority regarding the evaluations of a few agents may promote the denigration of a process that has served the public and public health well for many decades for reasons that are not supported by data.” They further write, “disagreement with the conclusions in an IARC Monograph for an individual agent is not evidence for a failed or biased approach.” Indeed, Monsanto doesn’t have grounds to question the integrity of an entire institution just because its findings are inconvenient.
This most recent attempt to use the appropriations process to cut funding to this scientific body is a glaring example of the way in which the disinformation playbook is employed in sometimes more subtle ways that can have dramatic impacts. Funding of our agencies should not be bogged down by ideological and political riders that can have dramatic impacts on science-based policymaking and the future of international science institutions. The language requiring NIH to restrict IARC funding if certain terms aren’t met should be stripped from the HHS funding bill and IARC should continue to receive US funding to help support all of its important work reviewing the cancer risk of environmental contaminants to inform safety thresholds across the globe.
https://blog.ucsusa.org/genna-reed/monsanto-drags-iarc-into-the-depths-of-its-disinformation-campaign-on-glyphosate
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US EPA Seeks Nominees For Chemical Assessment Committee
Jul 12, 2018 | Chemical Watch
The US EPA has called for nominations to fill "possible vacancies" on its Science Advisory Board (SAB) Chemical Assessment Advisory Committee (CAAC).
The CAAC is a standing committee of the SAB, charged with providing advice on certain toxicological reviews of environmental chemicals.
Its current membership comprises 30 non-EPA scientists, the majority of which are academics. Several independent consultants and industry representatives are also included.
The agency is seeking the nomination of scientists with expertise in one or more of the following areas: toxicology, carcinogenesis, biostatistics, uncertainty analysis, epidemiology, and risk assessment.
Last year, then-Administrator Scott Pruitt issued a directive barring anyone receiving EPA grant money from serving on its scientific advisory panels. Several NGOs have filed suit against the policy, but it remains in place while those lawsuits play out.
Nominations to the CAAC – as well as to the SAB itself, and three other SAB committees – will be accepted through 8 August.
Appointments are anticipated to be filled by the start of the next fiscal year, which begins in October.
https://chemicalwatch.com/68561/us-epa-seeks-nominees-for-chemical-assessment-committee
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Monsanto Trial Could Air Contentious Scientific Debate
Jul 11, 2018 | BNA Daily Environment Report
By Tiffany Stecker
Judge issues lengthy opinion on credibility of Roundup cancer claims
Courts increasingly willing to wade into difficult scientific questions
A federal judge is allowing a closely watched lawsuit against Monsanto Co. to move forward but remains skeptical that the company’s signature weedkiller, Roundup, causes cancer.
In allowing the plaintiffs’ expert testimony to move to trial, U.S. District Court for the Northern District of California Judge Vince Chhabria is lending some credibility to scientists who say there is a link between glyphosate and non-Hodgkin’s lymphoma, a relatively common cancer of the lymph nodes.
That scientific opinion is not shared by most government authorities. Regulatory agencies around the world—including the Environmental Protection Agency and the European Food Safety Authority—have said the chemical doesn’t cause cancer. But in 2015 the International Agency for Reseach on Cancer concluded that glyphosate is a “probable” carcinogen, sparking lawsuits against Monsanto.
In a statement, Monsanto defended its top-selling weedkiller, highlighting the fact that Chhabria threw out the testimony of two of the plaintiffs’ scientists, epidemiologist Alfred Neugut of Columbia University and Chadi Nabhan of Cardinal Health.
“Moving forward, we will continue to defend these lawsuits with robust evidence that proves there is absolutely no connection between glyphosate and cancer. We have sympathy for anyone suffering from cancer, but the science clearly shows that glyphosate was not the cause,” Monsanto Vice President Scott Partridge said.
The company was acquired by Bayer AG June 7 in a $63 billion merger.
‘Daunting Challenge’Chhabria—a President Barack Obama appointee who was confirmed in 2014—stopped short of endorsing the scientific approaches of the three plaintiff’s experts.
In his court order, he called the link between glyphosate—the main ingredient in Roundup—and elevated risk of non-Hodgkin’s lymphoma “weak” and “shaky.” But he nevertheless allowed the plaintiffs’ attorneys to make their case to a jury.
“The plaintiffs appear to face a daunting challenge at the next phase,” Chhabria wrote. “But it is a challenge they are entitled to undertake.”
A trial could cost Monsanto millions in payouts to cancer victims.
The 68-page opinion is unusually thorough in its scientific assessment of the six experts’ testimony, Jean Eggen, a law professor at Widener University Delaware Law School, told Bloomberg Environment. It reflects a growing willingness of courts to wade into difficult scientific questions, she added.
Although the decision forces Monsanto to go to trial—a hurdle the company would have rather avoided—it’s not all bad news for its defense. The opinion provides evidence to counter the plaintiffs’ claims, Eggen said.
“It is a little bit of a road map,” she said. “These sorts of [statements] will give the opportunity for Monsanto to go after” the evidence put forth by the cancer victims’ lawyers and experts.
Lawyers representing hundreds of cancer patients who say their exposure to Roundup made them sick are suing Monsanto for deceiving the public on the safety of their weedkiller.
The attorneys presented several scientists in March to persuade the court that the evidence shows that Roundup weedkillers can cause non-Hodgkin’s lymphoma. Monsanto’s experts, in turn, argued before the court that glyphosate is relatively harmless to humans.
Faith in the America JuryTimothy Litzenburg, one of the lawyers representing the patients who practices with the Miller Firm LLC in Orange, Va., told Bloomberg Environment that he is confident a jury will rule in his clients’ favor.
“We certainly have tremendous faith in the American jury,” Litzenburg said.
The order came on the heels of oral arguments for another related, but separate, case in California state court. Dewayne Johnson, a 46-year-old former groundskeeper who is terminally ill, is suing Monsanto in the Superior Court of California, San Francisco County for marketing Roundup as safe.
Johnson believes the weedkiller triggered his non-Hodgkin’s lymphoma. The court allowed Johnson’s suit to proceed first because he was given only six months to live last summer. Litzenburg is representing Johnson in the case.
https://news.bloombergenvironment.com/environment-and-energy/monsanto-trial-could-air-contentious-scientific-debate
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Project Tests If Fish Embryos Can Simplify Pre-Natal Developmental Toxicity
Jul 12, 2018 | Chemical Watch
By Dr Emma Davies
US Scientists are investigating whether pre-natal developmental toxicity (PNDT) testing for regulatory hazard assessment could be radically simplified through use of fish embryos. The hope is that a zebrafish embryo test (ZET) can be used to meet existing requirements for PNDT data for a second species, leading to significant reductions in cost, time and vertebrate animal use.
Researchers from academia, industry, and NGOs will carry out a systematic review of the evidence, comparing the ZET with the standard, rodent, PNDT study, described by OECD test guideline (TG) 414. "Substantial but poorly understood" differences in species have led to OECD 414 being carried out on both rats and rabbits, say the researchers. However, while there are a number of in vitro and ex vivo tests for developmental toxicity, no one test or combination of tests can yet substitute fully for the guideline one, they add.
Zebrafish are model vertebrate organisms but tests on embryos are widely considered a replacement for animal experiments. The embryos do not come under regulatory frameworks dealing with animal experimentation, largely because tests are done before independent feeding begins. The ZET also has the benefit of being rapid to perform and relatively cheap.
Coordinated by the Evidence-based Toxicology Collaboration (EBTC) at Johns Hopkins Bloomberg School of Public Health in the US, the team has worked on the review protocol and study since 2012. It originally ran a pilot study on several chemicals with ZET data, including thalidomide, before it refined its review protocol.
The team then reviewed full texts of over 900 ZET papers, eventually including 342 published studies on 1400 chemicals. The group is currently working through batches of the chemicals in its search for mammalian papers.
"It's just physically impossible for that number of chemicals to be incorporated all at once into the mammalian literature search strategy," explains EBTC's director Katya Tsaioun.
Dr Tsaioun awaits the results with an open mind. "If the animal tests are useful in protecting human health and there is nothing else available, they should be used. But if there are other technologies that are cheaper, more predictive, faster, and pointing to specific mechanisms of human toxicity which the animal tests do not detect, then they should be incorporated into the regulatory paradigm," she says.Board of Appeal
Animal protection NGOs have historically opposed the REACH requirement to conduct a second PNDT study in a different species, by default, for Annex X tonnage band (1000 tonnes or more) substances, and have intervened in related cases brought to Echa's Board of Appeal.
But Echa remains clear that PNDT studies on two species are required. There are currently 2,278 substances registered at Annex X for which the standard requirement for two PNDT species apply. "The substances may have unknown and species specific toxicity mechanisms or modes of action, as well as toxicokinetics differences, and therefore the concern and risk for humans may remain unclarified if only one species is tested," states the agency.
The second species tests can be waived for substances meeting the hazard classification criteria for the most severe category of developmental toxicity, providing a robust risk assessment can be carried out.
There are also isolated cases under Annex XI where information from several independent sources can lead to an assumption that a substance does not cause developmental toxicity and so the second-species test is not required.
https://chemicalwatch.com/68496/project-tests-if-fish-embryos-can-simplify-pre-natal-developmental-toxicity
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New Hampshire to Set Limits on Fluorochemicals in Drinking Water (1)
Jul 12, 2018 | BNA Daily Environment Report
By Aaron Nicodemus
New law calls for maximum contaminant levels on four toxic substances in water
Limits to be set by Jan. 1, 2019
New Hampshire will join New Jersey, New York, and Vermont in re-evaluating what is considered a safe level of fluorochemicals in drinking water.
Gov. Chris Sununu (R), a former environmental engineer, signed a New Hampshire groundwater protection bill (SB 309) into law July 10.
The new law calls for the state’s Department of Environmental Services to “set maximum contaminant limits for perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), perfluorononanoic acid (PFNA), and perfluorohexane sulfonic acid (PFHxS)" by Jan. 1, 2019.
Once widely used in making nonstick cookware, fire-retardant upholstery coatings, and other consumer products, the chemical compounds—known as per- and polyfluoroalkyl substances (PFAS)—don’t break down easily in the environment and can remain in the body for extended periods. Studies show long-term exposure may affect liver and immune system function, increase cholesterol levels, cause developmental delays, and increase cancer risk.
State BurdensThe law comes on the heels of widespread contamination in Southern New Hampshire with PFOA, PFOS, and related compounds, which were linked to past releases by a plant now owned by Saint-Gobain Performance Plastics.
The private drinking water wells of more than 500 families in New Hampshire and 200 wells in nearby Vermont are contaminated with PFOA. The states traced the contamination to a former ChemFab Corp. plant in Bennington, Vt., now owned by Saint-Gobain.
“We continue to advocate for legislation based on sound science so that any municipality in this country working to solve water issues has access to replicable solutions that provide potable water to its residents,” said Dina Pokedoff, spokeswoman for Saint-Gobain. “Since learning about the presence of PFOA in Merrimack, Saint-Gobain made it a priority to take a leadership position and be a positive partner in the community.”
The goals of the new law are “well-founded,” David Miller, deputy director of water supply for Manchester (N.H.) Water Works, said. While the city supports establishing a maximum contaminant level (MCL), it must be based on sound science and take technical and cost implications into account, he added.
“Not knowing what the MCL will be at this point makes it impossible to determine the additional costs for routine sampling and other subsequent actions that may be required to meet a new MCL,” he said in a statement to Bloomberg Environment. “What we do know is such costs have a real potential to be significant which in turn could have an impact on rate payers.”
The new law also allows the Department of Environmental Services to make rules regarding the chemicals polluting the air and being deposited on soils and water; to regulate devices that are emitting or may potentially emit air pollutants; to periodically review ambient groundwater quality; and to establish water quality standards for PFOS, PFOA, PFNA, and PFHxS.
The air pollution provisions will go into effect in 60 days.
The new law also establishes and funds two new state positions for a toxicologist and a human health risk assessor in the Department of Environmental Services.
Maximum Contaminant LevelsIn 2016, the EPA set a non-enforceable health advisory for PFOA and PFOS levels in drinking water at a combined 70 parts per trillion.
Vermont relied on the same research but used different assumptions to set the level at 20 parts per trillion. Peter Walke, deputy secretary of the Vermont Agency of Natural Resources, said at a June 26 EPA-hosted PFAS panel that the state set the limit based on what is safe for a nursing mother and baby to consume.
Peter Grevatt, director of the EPA’s Office of Ground Water and Drinking Water, later told Bloomberg Environment that the federal agency set the advisory at what is considered safe for an adult woman. The EPA announced in May that it will set a drinking water maximum contaminant level for PFOA and PFOS in collaboration with states.
New Jersey officials recently announced they are seeking to set the maximum contaminant level for PFOS, PFOA and PFNA by the end of the year.
New Jersey’s Drinking Water Quality Institute—an advisory panel comprised of academics, community representatives, water companies, and government agencies—proposed 13 parts per trillion as a safe level for PFOS in drinking water on June 8.
(Updated with comment from Saint-Gobain and Manchester Water Works.)
https://news.bloombergenvironment.com/environment-and-energy/new-hampshire-to-set-limits-on-fluorochemicals-in-drinking-water-1
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How Trump’s EPA is Keeping Asbestos Legal
Jul 11, 2018 | Environmental Working Group
By Melanie Benesh
A Russian asbestos company is lavishing praiseon Donald Trump and the U.S. Environmental Protection Agency.
“Donald is on our side,” says a post on the Facebook page of the company, Uralasbest, touting the EPA’s recent decision to “no longer deal with negative effects potentially derived from products containing asbestos.”
Uralabest – one of the largest asbestos producers in the world, with ties to Russian President Vladimir Putin – is even wrapping crates of asbestos in plastic emblazoned with Trump’s image.
Given the well-known health hazards of asbestos, the endorsement is startling. Asbestos exposure is the only known cause of mesothelioma, a painful and deadly form of lung cancer. Asbestos exposure is also linked to other kinds of lung disease. A recent studyfound that asbestos could be responsible for nearly 40,000 deaths per year in the U.S.
But Uralasbest is not wrong about the EPA’s actions.
Uralsbest is referring to recent actions taken under the Toxic Substances Control Act, or TSCA, the country’s primary chemical law. Asbestos is one of the first 10 substancesthe EPA is assessing for safety following TSCA’s overhaul in 2016. Although the EPA has not yet made a decision on the safety of asbestos under the new law, recent actions lay the groundwork for the agency to find that asbestos is safe and should remain legal.
The new TSCA requires the EPA to consider all uses of a chemical when evaluating it for safety. Despite this clear directive, the Trump EPA is ignoring key exposures to asbestos in its safety assessment, likely in violation of the law.
Most egregiously, the EPA is excluding most so-called legacy uses from its risk evaluation. That means the EPA is disregarding the safety risks from asbestos lingering in schools, homes and other building materials across the country – even though these uses pose the biggest exposure risk for most Americans.
The EPA has also significantly narrowed the kinds of asbestos included in its definition of asbestos. With limited exposures considered and some of the most dangerous exposures to asbestos removed from the agency’s consideration, it’s unlikely that the safety assessment will identify the true risk, making it less likely the EPA will ban asbestos.
Last month, the EPA also declined to ban uses of asbestos that have already been abandoned by industry. Instead, the agency issued a so-called significant new use rule, or SNUR, that merely requires manufacturers to notify and seek approval from the EPA before resuming these uses.
The EPA’s failure to finally ban asbestos is especially significant given the agency’s history with asbestos.
TSCA first became law in 1976. One of the EPA’s first actions under the law was to conduct a comprehensive 10-year study on the dangers of asbestos. As a result of the study, in 1989 the EPA proposed banning asbestos. But because of weaknesses in the law, in 1991 a court overturned the ban.
After that setback, the EPA took very few actions under TSCA on any chemical, leading many to consider it the least effective environmental law on the books. When Congress reformed TSCA in 2016, asbestos was often held up as the poster child for TSCA reform, with many saying the law was so broken the EPA “couldn’t even ban asbestos.”
Whether the EPA will finally ban asbestos under the reformed TSCA is an important litmus test for the new law. But given the agency’s recent actions, all signs seem to point to “nyet.”
https://www.ewg.org/news-and-analysis/2018/07/how-trump-s-epa-keeping-asbestos-legal#.W0c2C9IzaUk
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Anses Warns About Allergens, Irritants In Clothing And Footwear
Jul 12, 2018 | Chemical Watch
Tests have revealed the presence of 20 potential allergens and skin irritants in clothing and 50 in footwear, the French Agency for Food, Environment and Occupational Health and Safety (Anses) has said.
The French ministries asked Anses to carry out an inventory on the toxicity of substances in the products, amid regular reports of cases of allergies and skin irritation relating to them.
The test results will support a restriction proposal under REACH by France and Sweden on skin sensitising and irritating substances in clothing and footwear.
Anses tested 25 textile articles and confirmed, among others, the presence of nonylphenols, nonylphenols ethoxylates and formaldehyde, the agency said. Nonylphenol and formaldehyde can cause severe skin burns and eye damage, according to their EU harmonised classification and labelling.
It also identified substances "not routinely analysed", such as 1.4-paraphenylenediamine (PPD), organotin derivatives or azo dyes, that could lead to contact dermatitis. PPD was found in 20% of apparel textile articles, while 16% contained heavy metals, including lead and mercury.
Fourteen footwear samples were also analysed. All leather parts tested had a chromium VI content below the 3mg/kg regulatory limit under REACH, it said.Recommendations
The agency issued the following recommendations to authorities:maintain control of footwear and clothing textiles placed on the market to avoid the presence of substances not complying with regulations;revise the regulatory threshold for chromium VI in leather goods;set a regulatory threshold for nickel in textiles; andpropose a classification under the CLP Regulation for unregulated substances identified as skin sensitisers and/or irritants.
Studies to obtain toxicological data should be conducted for CI Disperse Orange 37/76 and CI Disperse Yellow 23 dyes – two dyes for which no toxicological data are available, Anses said.
And it encouraged retailers to check with their suppliers for the presence of carcinogenic, mutagenic and reprotoxic (CMR) substances, skin sensitisers or irritants in their products.
They should also work towards establishing an information system for consumers to raise awareness of the potential presence of such substances.
Anses also advised consumers to wash new garments before wearing them for the first time. Nonylphenols (NPs) were eliminated after washing, it said, but concentrations of PPD did not change.
The agency has also set up a pioneering biomedical study to investigate cases of allergy or skin intolerance that may be related to chemicals in clothing or footwear. Its second phase will be completed in October.
https://chemicalwatch.com/68542/anses-warns-about-allergens-irritants-in-clothing-and-footwear
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EU Auto Industry Wants DecaBDE Proposal Aligned With REACH
Jul 12, 2018 | Chemical Watch
By Leigh Stringer
The European automotive industry association Acea has called for a European Parliament proposal to set a concentration limit for the flame retardant decaBDE to be revised and aligned with REACH.
In plans to recast the EU's persistent organic pollutants (POPs) Regulation, the European Parliament has proposed setting a concentration limit equal to or below 10mg/kg, or 0.001% by weight, for decaBDE in substances, mixtures and articles.
However, in a statement to Chemical Watch, Acea said while this threshold is reasonable for new products made of virgin material, it is not for those completely or partly made of secondary materials. The substance, the association said, has "almost completely been phased out of all new vehicles".
"DecaBDE concentrations achieved today are in line with the existing limit value of 1,000ppm, as set under the REACH Regulation. The proposed limit value of 10ppm however would have a detrimental, negative effect on the whole recycling business and [recycling targets]," Acea said.
It said that when considering "usual production cycles", vehicles reaching end-of-life (ELVs) were designed 18-27 years ago, when decaBDE and other substances – today classified as POPs – had not been proven to be hazardous.
"The complete identification of decaBDE in plastic parts for current ELVs and ELVs in the near future is not possible," because vehicle manufacturers do not have sufficient data for parts containing the substance for older vehicles and ELVs, Acea said.
It said that even though "studies have shown that normally the concentration of decaBDE in automotive shredder residue – a method of vehicle recycling – is below 1,000ppm, "technically it cannot be avoided that it will occur to some extent in the waste stream in Europe in the future".
The inability to recycle – as a consequence of a 10mg/kg threshold – will have a negative environmental impact, Acea said. This, it said, is because further primary material will be produced, which will require raw materials extraction and increased energy use.
"Finally, this will augment the release of [carbon dioxide] emissions and jeopardise the targets of the circular economy," it added. Recycling
European recycling industry association EuRIC recently said the Parliament's decaBDE proposal would put a stop to plastics from vehicles and electronics being recycled in Europe. It is calling for recycling materials and articles to be exempt from the concentration limit.
Chemical Watch asked European electronics trade body DigitalEurope for its response to Parliament's decaBDE proposal, but the association declined to comment "at this time".
For those countries signed up, international treaties supersede national regulations. This means the European Parliament's proposal has to align with the UN's Stockholm Convention.
At the international level, a limit-value for decaBDE and derogations under the UN's Stockholm Convention will be discussed at the Conference of the Parties of the Stockholm and Basel Conventions next year. However, at COP8 last year, an exemption for recycled materials and articles was proposed and defeated.
"This is because governments recognised that we simply cannot pollute our products with the worst chemicals in the world through recycling," Joe DiGangi, senior scientific advisor for NGO Ipen, told Chemical Watch.
It is also consistent with previous decisions made by the Convention's POP Review Committee that warned against the practice years ago, he said.
"In many ways, the recycling industry is a victim of poor decisions by chemical producers. We would welcome them as allies in pushing chemical producers to act responsibly and not produce harmful additives for products," said Dr DiGangi.
https://chemicalwatch.com/68495/eu-auto-industry-wants-decabde-proposal-aligned-with-reach
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Norwegian Chemical Audits Uncover Widespread Breaches
Jul 12, 2018 | BNA Daily Environment Report
By Marcus Hoy
A series of audits that Norway’s Environment Agency carried out found that almost one in five retail products containing potentially hazardous chemicals breached national labeling rules.
“We looked at details such as design, size, readability, and the use of harmonized phrases,” Norway Environment Agency Senior Engineer Ingrid Haoy Nygard told to Bloomberg Environment July 10. “Most of the breaches we discovered amounted to minor errors or missing information.”
When serious errors such as unsafe child-resistant containers were discovered, the products were immediately removed from the shelves, she said.
About half the noncompliant products lacked Norwegian language labeling or featured a pictogram that was too small, according to the agency. About 3 percent of the illegal products didn’t conform to the European Union’s Classification, Labeling, and Packaging (Regulation (EC) No 1272/2008).
Out of nearly 900 chemical products the agency did audit, 175 were found to be noncompliant. Similar audits in 2015 found about 30 percent of products to be in breach, the agency said. It didn’t name specific chemicals, manufacturers, or suppliers in its findings.
Audit ActionThe audits, conducted in May, focused on products commonly used in such areas as home improvements, car and boat maintenance, hobbies, and sports, according to the agency. The audits also included 51 biocidal products, such as insect repellants and pest-control products, 10 of which were found to be noncompliant.
The agency will continue to monitor noncompliant retailers to ensure that breaches are rectified and illegal products removed, an official told Bloomberg Environment July 10.
Retailers will be provided with reports on the agency’s findings and notified of any planned follow-up action, she said. While the agency does not have the authority to issue fines, noncompliant companies can be made subject to payment obligations, which can ultimately result in financial penalties if breaches are not rectified.
Two national industry associations, the Federation of Norwegian Industries and the Confederation of Norwegian Enterprise, didn’t respond to requests for comment when contacted by Bloomberg Environment July 10.
https://news.bloombergenvironment.com/environment-and-energy/norwegian-chemical-audits-uncover-widespread-breaches
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Jul 12, 2018 | Natural Gas Intelligence
By Charlie Passut
Beijing vowed to retaliate against a new round of tariffs proposed by the White House covering $200 billion of Chinese-made products, including liquefied natural gas (LNG) and offshore oil and natural gas drilling and production platforms, and analysts warned that China could strike back by targeting American LNG and other energy products.
Meanwhile, in a sign that lawmakers are exasperated with President Trump's trade policies, the Senate voted overwhelmingly on Wednesday in favor of a non-binding resolution that could lead to new legislation designed to rein the White House's ability to enact tariffs.
In a translated statement, China's Commerce Ministry said Beijing was "shocked" that the Trump administration released a list of products Tuesday that could be subject to a 10% tariff and called the list's publication "totally unacceptable." The ministry added that China would enact reciprocal tariffs on American imports and file a complaint with the World Trade Organization (WTO).
"In order to safeguard the core interests of the country and the fundamental interests of the people, the Chinese government will, as always, have to make the necessary counter-measures," the ministry said Wednesday. "At the same time, we call on the international community to work together to safeguard the rules of free trade and the multilateral trading system and jointly oppose trade hegemonism."
Other energy products subject to the proposed 10% tariff include natural gas, propane, butanes, liquefied petroleum gases and other gaseous hydrocarbons. Plastics, metals, minerals, chemicals and construction materials -- as well as clothing, food and paper products -- are also on the list.
The office of U.S. Trade Representative (USTR) Robert Lighthizer said it will accept public comments on the proposed tariffs until Aug. 17, and will hold a public hearing Aug. 20-23 at the U.S. International Trade Commission offices in Washington, DC. The tariffs could be enacted sometime after Aug. 30, the deadline for submitting post-hearing rebuttal comments to USTR.
Last month, USTR issued two lists of tariff lines covering Chinese products collectively valued at about $50 billion in 2018 trade values. The first list, which covers about $34 billion worth of Chinese imports, including parts for offshore drilling, took effect last Friday. But the public comment period is still open for the second list of $16 billion in Chinese imports. Beijing immediately retaliated on American imports when the first list of tariffs kicked in.
In a note to clients Wednesday, analysts with ClearView Energy Partners LLC said neither side appears to be backing down and that the aforementioned second list of tariffs from June could take effect by the end of July or early August. They added that the new tariffs proposed Tuesday could begin as soon as the end of August or early September.
"As we have discussed, China's proposed retaliation to the $16 billion per year tranche of 25% tariffs would target the vast majority of U.S. energy exports to China other than LNG," ClearView said. "Given that the U.S. exported only about $130 billion of goods to China during calendar year 2017, we believe Chinese retaliation against last night's proposal could potentially target U.S. LNG and add to tariffs on U.S. energy goods."
In a column published Wednesday in the Washington Examiner, presumably written before the latest round of proposed tariffs was announced, American Petroleum Institute (API) CEO Jack Gerard warned that the U.S. energy, manufacturing and transportation sectors would suffer if China slapped retaliatory tariffs on crude oil, propane and other non-finished products that serve as feedstock for petrochemicals and fuel. Gerard co-wrote the column with American Chemistry Council CEO Cal Dooley and Association of American Railroads CEO Edward Hamberger.
"While we respect the administration's vision for U.S. energy and manufacturing dominance, we also know when U.S. trade policy is bad for business and a threat to our economic security," the CEOs wrote. "Right now, the White House has a critical opportunity to avoid years of damaging impacts to American businesses and consumers by undoing these serious tariff missteps.
"It's already clear that this well-intentioned policy will actually make the United States less competitive, undermine this administration's vision of energy dominance and the manufacturing renaissance, and almost certainly destroy many more jobs than it protects."
The CEOs added that before the Trump administration began enacting tariffs on China, Canada, Mexico and the European Union (EU), "the private sector was poised to invest $1.34 trillion in energy infrastructure to keep pace with surging production...
"Tariffs could stifle hundreds of billions of dollars' worth of projects, including new pipeline infrastructure needed to get oil and natural gas from the prolific Permian Basin to markets. The steel tariffs alone could increase the cost of a 280-mile pipeline by as much as $76 million."
Last May, the EU, Canada and Mexico each took retaliatory steps against the United States after the Trump administration imposed a 25% tariff on steel imports and a 10% tariff on aluminum imports. Both Brussels and Mexico City have since filed complaints with the WTO over the tariffs. Steel and aluminum imported from China have been subject to the tariffs since May 1.
Senate Reprimands Trump
The Senate voted 88-11 Wednesday on a motion by Sen. Bob Corker (R-TN) to instruct conferees working on an appropriations bill with their counterparts in the House of Representatives to include language that could curb Trump's power to enact tariffs. The 11 senators who voted against the motion are all Republicans.
"Today's passage of Senator Corker's motion demonstrates the overwhelming bipartisan support in the Senate for congressional review of new tariffs implemented on national security grounds – including recent tariffs imposed under Section 232 [of the 1962 Trade Expansion Act]," said API spokesman Kyle Isakower.
Last month, Corker, a frequent Trump critic who is not seeking re-election, introduced a bill to amend the Trade Expansion Act by requiring Congressional approval before the president can enact tariffs on national security grounds. The bill, S 3013, was read twice and referred to the Senate Finance Committee but has since stalled. Isakower said API supports the bill.
"We will continue to express our concerns over market interventions that hinder trade that Americans rely on," Isakower said. "Tariffs and quotas on imported specialty steel disrupt the natural gas and oil industry's complex supply chain, harm our energy and national security, and will have a negative impact on U.S. jobs and consumers."
http://www.naturalgasintel.com/articles/115017-analysts-warn-escalating-sino-american-trade-war-could-endanger-us-lng
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'Rule Of Capture' Case Could Go To Pa. Supreme Court
Jul 12, 2018 | Pittsburgh Post-Gazette (In E&E Energywire)
By Laura Legere
A Marcellus Shale gas producer is asking Pennsylvania's highest court to take up a case with potentially far-ranging consequences for hydraulic fracturing operations.
In April, two judges on a lower state court found that the "rule of capture," a long-standing principle in oil and gas operations, does not apply to fracking.
The rule stipulates that oil and gas captured from underground reservoirs belong to whichever party extracts it from its property first, even if the reservoirs lie beneath neighboring lands.
Southwestern Energy Co. had appealed to that court to reargue the case, but lost its petition last month. Now, backed by other industry trade groups, it has asked the state Supreme Court to take up the matter, saying the decision would disrupt the state's shale industry.
"There is no reason for Pennsylvania to deviate from an established legal regime that has worked in practice in multiple jurisdictions since hydraulic fracturing began" about 70 years ago, the company said (Laura Legere, Pittsburgh Post-Gazette, July 11). — DI
https://www.eenews.net/energywire/2018/07/12/stories/1060088813
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DHS Official Pushes To 'Move Beyond' Cyber Info Sharing
Jul 12, 2018 | E&E Energywire
By Blake Sobczak
A top cybersecurity official announced plans to shift the Department of Homeland Security's focus from sharing information on cyberthreats to offering tools for concrete action.
Chris Krebs, the newly confirmed undersecretary of DHS's National Protection and Programs Directorate, told lawmakers a new approach could offer a "significant gain" in the fight against hackers.
"The amount of intelligence I see on a daily basis, it's overwhelming," Krebs told members of the House Homeland Security Committee at a hearing on election security and threats to critical infrastructure yesterday. "I need to do a better job of working with industry, saying, 'This piece of intelligence, so what? What does it mean? ... what are we going to do about it?'
"That is principally where we're focusing," he added.
Krebs' office is charged with guarding civilian government networks from hackers, while also spreading the word about the latest online threats and vulnerabilities with grid operators and other key industries.
He unveiled a "national risk management initiative" yesterday aimed at accelerating the move from sending around technical indicators to finding ways to curb cyber risks.
"We need to move beyond information sharing," Krebs said. "How do we work with our critical infrastructure community to help them understand that [cyber] risk and do the things they need to do? And how can we help them do that?"
Krebs' comments offer a window on his strategy for assisting private utilities that own and operate the vast majority of U.S. energy infrastructure.
He cited pressing threats to America's energy sector, describing a Russian hacking campaign that targeted nuclear power plant operators, critical manufacturing firms and power utilities last summer.
"We do know that the adversary is getting better, particularly in our hard infrastructure space," he said.
While the bulk of yesterday's hearing focused on threats to voting machines and registration databases ahead of the 2018 midterm elections, several lawmakers pressed Krebs on his department's approach to other infrastructure.
"Malicious use of the internet and the exploitation of social media are not just aimed at our election systems," Chairman Michael McCaul (R-Texas) said in an opening statement. "In March, the FBI and DHS reported that Russian hackers attacked American nuclear power plants — crippling or shutting down major parts of our energy sector would be catastrophic."
McCaul and Rep. Don Bacon (R-Neb.) also pointed to Russia's unprecedented cyberattacks on Ukraine's power grid in 2015 and 2016. Hackers managed to briefly knock out power to several hundred thousand people in both of those December incidents.
"It seems to me they're using [Ukraine] as a test bed to practice their techniques and capabilities," Bacon said. "What are we learning from watching what Russia is doing with Ukraine — because clearly, those same capabilities that they're using there, they're studying us to do the same if they need to."
Krebs called the test bed comparison a "fair assessment."
"They're getting better — each subsequent incident shows an increased level of capability," he warned. "We're ... looking at: What is the capability that they've demonstrated, and what are the corresponding vulnerabilities or exposures or risk levels here in the United States?"
Democrats on the committee pressed Krebs to reveal whether White House decisionmaking was affecting his work at DHS or morale at the agency.
Ranking member Rep. Bennie Thompson (D-Miss.) questioned the Trump administration's decision to do away with the position of cybersecurity coordinator, a role aimed at unifying the federal response to major hacking incidents. "I'm concerned that you do not have the support you need from the White House," he told Krebs.
Thompson also alluded to the Trump administration's efforts to allow Chinese telecommunications firm ZTE Corp. to keep doing business with various U.S. companies — a move that has been criticized by some cybersecurity and foreign policy experts who see an opportunity for China to introduce backdoors in ZTE products.
"You're responsible for helping secure critical infrastructure networks for a White House that would rather save jobs in China than heed the advice of the intelligence community on supply chain vulnerabilities," Thompson said in his opening statement.
https://www.eenews.net/energywire/2018/07/12/stories/1060088869
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U.S. Agency Continues Probe Of Husky Superior Refinery Blast
Jul 12, 2018 | Reuters
By Erwin Seba
HOUSTON (Reuters) - The U.S. Chemical Safety Board is analyzing metal shrapnel from an April explosion at a Husky Energy Inc refinery in Wisconsin that forced the evacuation of thousands of residents as it continues to investigate the cause of the blast, the agency’s chief said on Wednesday.
The metal shrapnel blown out from the gasoline-producing fluidic catalytic cracking unit (FCCU) at the refinery in Superior, Wisconsin, tore through a tank containing hot asphalt, which spread fire through the plant, Kristen Kulinowski, the safety board’s interim executive, said.
The metallurgical analysis may determine what caused the explosion
“It’s a painstaking process as much of the metal is covered with asphalt,” Kulinowski said.
The refinery has remained shut since the explosion on April 26.
Husky spokeswoman Kim Guttormson said there is no date for the restart of the refinery, but the company may provide an update on its July 26 conference call on second-quarter earnings.
The CSB has not released control of the FCCU to Husky, board spokeswoman Hillary Cohen said. Another update on the investigation will be issued in August.
Like the National Transportation Safety Board, the CSB has no regulatory or enforcement authority but recommends changes in industry practices and regulations based on its investigations.
https://www.reuters.com/article/us-usa-trump-daniels/stormy-daniels-arrested-in-ohio-strip-club-setup-lawyer-idUSKBN1K20IM
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Members Express Support For Transportation, Water Loans
Jul 12, 2018 | E&E Daily
By Maxine Joselow
Lawmakers on both sides of the political aisle yesterday expressed support for low-cost federal loans to fund infrastructure improvements.
Republicans and Democrats on the Senate Environment and Public Works Committee agreed on the benefits of the Transportation Infrastructure Finance and Innovation Act (TIFIA), as well as the Water Infrastructure Finance and Innovation Act (WIFIA).
TIFIA is administered by the Department of Transportation, while WIFIA is administered by EPA. Both programs provide long-term, low-cost financing to projects of regional and national significance.
"Loan and loan guarantee programs often allow expensive projects to be delivered in a timely fashion and at a reduced cost," said Chairman John Barrasso (R-Wyo.). "These programs enable state and local project sponsors to borrow money at lower long-term costs and to complete construction years sooner than if funding were secured through other means."
Sen. Tom Carper (D-Del.), ranking member on the panel, said a TIFIA loan was crucial for funding the U.S. 301 tollway project in his state, which could generate around 15,000 jobs.
"The 301 project in Delaware, I think, is a really good example of a project where traditional funding mechanisms just were not sufficient," Carper said. "Building it with public funding alone just was not feasible."
He added, "Innovative finance programs such as WIFIA and TIFIA offer loan terms that make them a good value for borrowers, such as a low- and fixed-interest rate, a long repayment schedule, and an option to defer payment. Of course, loan programs are not a replacement for public funding, nor should they be."
Witnesses from state and local agencies also said federal infrastructure loans had helped them get projects off the ground.
Vicente Sarmiento, director of the Orange County Water District in Fountain Valley, Calif., said a WIFIA loan helped the district realize a landmark project "with reduced costs to our ratepayers and without significant delays."
Brian Motyl, assistant director of finance with the Delaware Department of Transportation, echoed Carper in saying the 301 project "could not have moved forward" without a TIFIA loan.A winning act?
Earlier this year, the committee unanimously advanced a modified version of a water infrastructure bill (Greenwire, May 22). It includes a version of the "Securing Required Funding for Water Infrastructure Now (SRF WIN) Act," S. 2364.
The "SRF WIN Act" would authorize $200 million annually over five years to support state revolving fund (SRF) projects and encourage states to bundle their projects by waiving the $100,000 application fee and streamlining the application process to a maximum 180-day turnaround.
The measure would also simplify the federal approval process by allowing thousands of vetted drinking water and wastewater projects to receive funding, eliminating the need for EPA to process additional loan applications.
The bill, sponsored by Sen. John Boozman (R-Ark.), has received the support of a number of organizations, including the American Society of Civil Engineers, Ducks Unlimited, the U.S. Chamber of Commerce and the National Association of Clean Water Agencies.
But water utility groups, including the Water Environment Federation, Association of Metropolitan Water Agencies and American Water Works Association, have criticized the proposal as "fundamentally flawed."
"'SRF WIN' does have some detractors," Boozman said. "The main argument I hear is that the legislation's a solution in search of a problem, with which I'm totally confused."
Boozman cited EPA's most recent "Drinking Water Infrastructure Needs Survey and Assessment," which found that $472.6 billion is needed to maintain and improve the nation's drinking water infrastructure over the next 20 years.
Sen. Jim Inhofe (R-Okla.) also sought to dispel concerns that the bill would "cannibalize" SRFs.
"Some have raised concerns that the 'SRF WIN Act' could cannibalize SRFs as well as the WIFIA program," Inhofe said. "I've got to admit, I find this hard for me to believe. ... In fact, the 'SRF WIN Act' has clear language that the program will not be funded until the SRF and the WIFIA program are funded at the original levels."
https://www.eenews.net/eedaily/2018/07/12/stories/1060088845
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Utilities, Labor Urge EPA To Retain Utility MACT But Ease Requirements
Jul 12, 2018 | Inside EPA
By Stuart Parker
Electric utility groups and labor unions are urging EPA to retain the agency's landmark power plant air toxics rule and soften its requirements instead of scrapping it as EPA air chief William Wehrum has floated, the second major policy ask of the agency since Andrew Wheeler took over as acting administrator from Scott Pruitt.
Instead of voiding the Obama EPA's finding that the rule was “appropriate and necessary” even after consideration of costs, the coalition of power and labor groups in a July 11 letter to Wehrum urges the agency to focus on an upcoming risk and technology review (RTR) reassessment of the regulation. They note that this approach would recognize that utilities have invested billions of dollars in compliance with the rule.
The groups stress the large sums already spent in adding controls to coal-fired power plants, closing coal plants or switching them to natural gas fuel, in part due to the rule, and they seek to protect their investment.
The letter says, “It is important to note that all covered plants have implemented the regulation and that pollution controls -- where needed -- are installed and operating” under the utility maximum achievable control technology (MACT) air toxics rule, also known as the mercury and air toxics standards (MATS).
“Units that retired in part due to MATS -- along with other regulatory requirements, low natural gas prices, resource planning initiatives, and a variety of other factors -- have been decommissioned and cannot be reinstated,” they wrote.
Their request is one of the options Wehrum floated at an April 19 American Bar Association's Section of Environment, Energy and Resources conference, where he said he acknowledged his dilemma over whether to grant calls from utilities and others to scrap the regulatory justification for the 2011 rule as a “satisfying” move, or retain it as even some of its staunchest industry critics have spent millions in compliance costs.
“If we decide it's not appropriate and necessary to regulate, maybe that provides grounds to eliminate this regulation,” he said. “On the other hand, this rule became effective several years ago now, and it was stringent, it was costly, and a number of coal-fired power plants were shut down in part, if not in large part, due to this rule. A lot of money was spent at the power plants that operators decided to continue running, so they installed scrubbers, they installed mercury control equipment -- they did a lot of things that cost a lot of money.”
He added, “If we keep the rule in place, I'd like to think about doing RTR, residual risk and technology review, for that rule.” Under the Clean Air Act, EPA is required to reassess its air toxics rules eight years after their implementation to determine whether emissions from a sector still pose health risks despite the rule's implementation, or whether new technology exists to further reduce a sector's toxic air pollution. If EPA answers either question in the affirmative, it can revise and tighten the standard -- but it can also use RTRs to soften its rules.
'Robust' RTR
The labor and utility groups argue that the best approach is to leave the appropriate and necessary finding in place and instead use the RTR process to ease the MACT rule's requirements.
“We believe a complete and robust RTR will recognize the capital investments already made for compliance and will allow the industry to continue full implementation of the MATS rule, which was completed in April 2016,” writes a coalition of groups. The groups include the Edison Electric Institute (EEI), the American Public Power Association, the the National Rural Electric Cooperative Association, two trade unions and the Class of '85 Regulatory Response Group of investor-owned, municipal and co-operative electric generating companies.
The letter marks a slight policy shift for EEI, which represents investor-owned utilities, and whose membership had previously been divided between coal utility critics of the rule and other utility supporters of the policy.
States are relying on the MATS emissions reductions to meet the goals of the Clean Air Act-mandated air quality control plans, and the federal regulations are now accompanied by a series of parallel state-level requirements, the groups say. They urge EPA to ensure “regulatory and business certainty” by not endangering investments already made.
“Therefore, we urge EPA to move forward with an RTR for power plants under [air law] section 112 and to leave the underlying MATS rule in place and effective,” the letter says, referring to the section of the air law through which the agency sets MACT standards.
But the letter adds, “We also urge EPA to consider potential technical revisions to MATS -- such as considering whether performance tests could be performed less frequently if units are running less frequently -- while still ensuring that the standards are being achieved.”
The letter appears to mark the second major policy request from outside organizations to the agency since Pruitt left the agency on July 6 and Wheeler took over as acting EPA chief on July 9.
Earlier, Environmental Defense Fund, Center for Biological Diversity and Sierra Club sent a July 10 letter to Wheelerurging him to “immediately withdraw or stay” the agency's decision not to enforce production limits on “glider” trucks that do not meet modern emissions standards, in what appears to be an almost certain prelude to litigation against the policy.
https://insideepa.com/daily-news/utilities-labor-urge-epa-retain-utility-mact-ease-requirements
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California's Cap-And-Trade Is Great - For Other States
Jul 12, 2018 | Science 2.0
Five years ago, California set out to be a world leader in adopting ambitious greenhouse gas reduction targets and created the world's fourth-largest carbon-trading program. Not bad for one state.
Except it isn't helping the state, it is subsidizing others. And some of the emissions targets are not emissions at all, they are instead epidemiological claims like small micron particulate matter (PM2.5), which have had zero acute deaths but were the target of EPA and California environmentalists despite a lack of evidence.
Under cap-and-trade, California businesses get trade-able emissions permits or "allowances" equal to the amount of greenhouse gases they emit. The total number of allowances in circulation among regulated industries is based on a cap that is lowered slightly each year. Companies can also offset their emissions by purchasing credits through forestry or agriculture projects, which can be located in other states.
And that is where the money is going. A recent analysis by environmentalists found that between 2013 and 2015, 75 percent of the offset credits purchased by regulated companies, costs which are passed along to California consumers and that have a regulatory system paid for by California taxpayers, were outside of California. And companies are using higher costs for consumers to buy an environmental halo, even though 52 percent of the regulated facilities reported increases in annual average in-state greenhouse gas emissions after the initiation of the cap-and-trade program.
California law requires 25 percent of the revenue from the state's cap-and-trade program to be invested in greenhouse gas reduction measures that benefit disadvantaged communities but that isn't happening when the money is going out of state.http://www.science20.com/news_staff/californias_capandtrade_is_great_for_other_states-233143
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