Preview Newsletter
PM ACC Clips Report - July 24, 2018
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(ACC Mentioned) What to Do with a Smaller SPR
Jul 24, 2018 | Politico - Morning Energy
By Kelsey Tamborrino
Congress has promised to pull so much oil out of the Strategic Petroleum Reserve that lawmakers on the Hill today are considering what to do with the soon-to-be empty space. -
Senators Query Unconfirmed EPA Nominees Already at Work
Jul 24, 2018 | Inside EPA
Democratic senators are questioning the work two nominees for EPA political positions are already doing at the agency before winning Senate confirmation, alleging they are “skirting” the upper chamber's constitutional advice and consent role, and violating federal law. -
New Data, Extended Consultation for Proposed Snur Amendment
Jul 24, 2018 | Chemical Watch
The US EPA has added additional data and reopened the comment period for proposed amendments to a TSCA significant new use rule (Snur). -
Substances in Plastic Packaging Database Published
Jul 24, 2018 | Chemical Watch
A database of over 4,000 chemical substances potentially found in plastic packaging, has been made publicly available. -
EU Member States Back Chromate Authorisation Applications
Jul 24, 2018 | Chemical Watch
By Luke Buxton
EU member states have approved applications for uses of chromium trioxide, listed as a substance of very high concern (SVHCs) under Annex XIV of REACH. -
UK Consumer Body Flags Excessive Boron Levels in 'Slime' Toys
Jul 24, 2018 | Chemical Watch
Children's 'slime' products, sold as toys in online stores, can contain levels of boron compounds exceeding EU safety limits, the UK consumer group Which? has said. -
Dying Groundskeeper Testifies on Monsanto Weedkiller
Jul 24, 2018 | London Guardian (In E&E Greenwire)
A man with terminal cancer testified in a San Francisco courtroom yesterday that a popular weedkiller caused his illness. -
Energy Department Clears ‘Small-Scale’ Natural Gas Exports for Fast Approval
Jul 24, 2018 | The Hill - E2 Wire
By Timothy Cama
The Trump administration is expediting the approval process for projects that are meant to export small amounts of natural gas, including liquefied natural gas (LNG). -
DOE ‘Small-Scale’ LNG Final Rule Slated for Publication
Jul 24, 2018 | PoliticoPro - Whiteboard
By Darius Dixon
A final Energy Department rule easing approvals for exporting “small volumes” of liquefied natural gas to countries the U.S. doesn't have free trade agreements with is scheduled to be published Wednesday. -
Energy Security Must Be High on the Agenda
Jul 24, 2018 | The Hill - Congress Blog
By Fred Upton
Whether it’s the flip of a light switch or plugging in your cell phone to charge – never has the reliability of our energy supply been more important to so much in our daily lives. -
Senate Energy Panel Backs 4 DOE Nominees
Jul 24, 2018 | PoliticoPro - Whiteboard
By Darius Dixon
The Senate Energy and Natural Resources Committee signed off on a raft of nominees for the Energy Department this morning. -
CSX to Pay $2.2m Penalty for W.Va. Derailment
Jul 24, 2018 | E&E Greenwire
By Amanda Reilly
Railroad operator CSX Transportation has agreed to pay $2.2 million in penalties for a 2015 train derailment that caused an oil spill in Mount Carbon, W.Va. -
Shuster Unveils His Big Infrastructure Vision
Jul 24, 2018 | Politico - Morning Transportation
By Tanya Snyder
The year is 2028. The 33.4-cent gas tax is about to disappear and a new system of per-mile road fees, 10 years in the making, are about to come into effect. -
U.S. Refiners Scramble To Avoid Railcar Shortage
Jul 24, 2018 | Oilprice
By Irina Slav
U.S. oil refiners as well as producers are frantically looking for ways to reverse a decision by the country’s largest railroad operator, BNSF Railway Co, to curb the use of retrofitted oil tank cars on its railroads as a safety measure after a derailment in Iowa in June. -
(ACC Mentioned) Ewire: Major Industry Groups Back HFC Treaty
Jul 24, 2018 | Inside EPA
Several heavyweight industry trade associations are mobilizing behind a campaign to persuade President Donald Trump to embrace an Obama-era international agreement to curb refrigerants that act as potent greenhouse gases, urging him to submit the deal to the Senate for a ratification vote. -
Industry, Conservatives Form Group to Push Kigali Amendment
Jul 24, 2018 | E&E Greenwire
By Nick Sobczyk
A coalition of industry and conservative groups have founded a new organization to support an Obama-era climate agreement.
Industry and Association News
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(ACC Mentioned) What to Do with a Smaller SPR
Jul 24, 2018 | Politico - Morning Energy
By Kelsey Tamborrino
WHAT TO DO WITH A SMALLER SPR: Congress has promised to pull so much oil out of the Strategic Petroleum Reserve that lawmakers on the Hill today are considering what to do with the soon-to-be empty space. A House Energy and Commerce subcommittee will discuss a bipartisan draft bill that would allow private companies to lease out the increasingly unused parts of the Gulf of Mexico salt caverns where the Energy Department currently stashes 665.5 million barrels of oil for emergency use. Reps. Joe Barton (R-Texas) and Bobby Rush (D-Ill.) are co-sponsoring the legislation.
More than 290 million barrels of oil will be sold from the reserve by 2027, according to prepared testimony from the Government Accountability Office released ahead of today’s hearing. Those sales were primarily aimed at offsetting the costs of unrelated legislation — such as 21st Century Cures Act of 2016 and a major budget package earlier this year — not for DOE to buy more oil to refill the SPR. ClearView Energy’s Kevin Book — who will testify at the E&C hearing — explained it to ME using investor-speak: “Congressional portfolio managers are rotating out of energy security,” he said.
Energy Department officials are currently studying how a removal of so much oil will affect SPR caverns, DOE Assistant Secretary for Fossil Energy Steven E. Winberg said in a prepared statement for the committee. Until that’s over, DOE is “supportive of maximizing the value of this taxpayer-funded asset” but won’t comment on the draft bill, Winberg said. But he suggests lawmakers might want to consider how dumping 200 million barrels of oil storage space on the Gulf Coast could affect private businesses trying to lease out their own storage tanks.
Fuel prices feeling the heat: That’s not the only oil-related hearing happening on the Hill today. The Senate Energy and Natural Resources Committee will hearfrom a host of energy analysts as to what’s caused recent movements in oil prices, currently at nearly $68 a barrel, up from $52 this time last year. That’s helped bring gasoline prices to an average of $2.82 a gallon, a 55-cent hike from July 2017, according to fuel price tracker GasBuddy.com. Prices have cooled since a few weeks ago, but the Senate committee may want to take a gander at POTUS’ Twitter account if pump prices start rising again: If President Donald Trump keeps up his war of words with Iranian President Hassan Rouhani, GasBuddy analysts notedMonday, “one cannot rule out prospects for severe (oil) shortages should the bellicose language turn into action later this fall.”
GOOD MORNING! IT’S TUESDAY: I'm your host, Kelsey Tamborrino. It turns out there are two folk singers-turned-members of the Senate Energy and Natural Resources Committee. Andeavor’s Stephen Brown correctly identified Bernie Sanders as having released a folk album, but Debbie Stabenow was also once a folk singer. For today’s question: In the Capitol, how many women are represented in the National Statuary Hall Collection? Send your tips, energy gossip and comments to ktamborrino@politico.com, or follow us on Twitter @kelseytam, @Morning_Energy and @POLITICOPro.
WHAT TO EXPECT: Senior Senate appropriators are sounding optimistic as the chamber begins work on a four-bill minibus package, H.R. 6147 (115), that includes the Interior-Environment title. Senate Appropriations Chairman Richard Shelby wasn’t sure if there’d be many amendment votes but hoped to keep any thorny policy riders off the final bill. “We want to keep it as clean as we can. We’ve been working toward that end,” he told reporters. Asked if she felt good going into debate, Sen. Lisa Murkowski, who chairs the subcommittee responsible for EPA and Interior funding, flashed a thumbs-up to reporters.
As for the first minibus that includes the Energy and Water title, Shelby said they’d made “some progress” toward resolving a dispute over veterans health funds that caused the cancellation of the first scheduled meeting of conferees a couple of weeks ago. “I’m hoping it’s going to work out soon,” he said. But House Appropriations Chairman Rodney Frelinghuysen said Monday night that the conference committee won’t meet until early September, at the earliest, due to timing as well as the sticking point related to Veterans Affairs.
SHUSTER INFRASTRUCTURE DRAFT BOOSTS GAS TAX IN SHORT TERM: House Transportation Chairman Bill Shuster released his long-awaited infrastructure discussion draft on Monday. The Pennsylvania Republican proposes a short-term boost to the gasoline tax before ending the tax in a decade, as Pro Transportation’s Lauren Gardner reports. The effort would boost taxes on gasoline and diesel by 15 cents and 20 cents per gallon, respectively, phased in over three years and then indexed to inflation.
A few other items stuck out to ME in the discussion draft:
— The draft would target the authority states have previously used to block natural gas pipelines. Section 401 of the Clean Water Act would be amended to clarify that states may only consider water quality requirements that “are consistent with the intent and goals” of the law and “with appropriate water quality requirements under state law.”
— It proposes establishing a 10 percent user fee on the wholesale price of electric batteries used in motor vehicles.
— The draft would also reauthorize the Water Infrastructure Finance and Innovation Act credit program, allowing the Army Corps of Engineers to enter into an agreement with EPA for loans to the Corps WIFIA program.
Read the text here and a section-by-section summary here.
NEW JOB ALERT: Brittany Bolen was officially named EPA’s new associate administrator for the Office of Policy, after taking over the position on an acting basis when Samantha Dravis resigned in April, an EPA official confirmed to ME.
DEFENSE BILL NIXES NNSA LANGUAGE: House and Senate Armed Services leaders unveiled Monday its compromise National Defense Authorization Act, H.R. 5515 (115), rejecting language that would have given the National Nuclear Security Administration greater freedom from the Energy Department. The conference report on the defense policy bill, Pro’s Darius Dixon reports, leaves out Senate-approved language that sought to give the NNSA administrator authority over their policies “without direction or oversight” from the Energy secretary.
Heard about the bird? Conferees also ditched the environmental riders that have been roadblocks in the past, Pro Defense’s Connor O’Brien and Gregory Hellman report. The House-passed bill included Republican-backed provisions that would limit endangered species protections for the greater sage grouse and lesser prairie chicken, which did not make the final cut. Read the summary of the legislation here and the text here.
ANNOUNCEMENT ON TAP: Acting EPA Administrator Andrew Wheeler will be joined by lawmakers at 5 p.m. at EPA HQ to make an announcement regarding renewable fuels from sorghum, the agency said. Watch the livestream.
WAYS AND MEANS DIGS INTO THE TARIFF EXCLUSION PROCESS: The House Ways and Means Subcommittee on Trade will hold a hearing featuring testimonies from some U.S. employers and manufacturers who have been affected by the extensive process to file requests for exclusion from Trump’s tariffs on steel and aluminum. One company whose CEO will be testifying is Plains All American Pipeline, which last week was denied an exclusion from the tariffs on steel that it is using to build a pipeline to reduce congestion in the Permian Basin, the biggest oilfield in the U.S. The Commerce Department found that the steel pipe Plains was using was “produced in the United States in a sufficient and reasonably available amount and of a satisfactory quality.”
Plains, which had purchased the steel from a mill in Greece in late 2017, argued that it had tried to purchase the steel domestically but no U.S. mill could meet their project specifications. It also noted that the tariffs should not affect orders made before they took effect. “It’s worrisome, because we don’t know … if they’re actually making these decisions based on technicalities or if they are just rushing through the process,” a source familiar with Plains’ viewpoint told Pro’s Morning Trade. The hearing is set to begin at 2 p.m.
WITNESSES WEIGH IN: The Trump administration will also hear from more than 80 witnesses today and Wednesday, as it works through its list of additional Chinese goods that will be hit with a 25 percent tariff, Pro’s Doug Palmer reports. The witnesses range from the heads of small and medium-size businesses to representatives of major trade associations, such as SEIA, SolarWorld Americas Inc., the American Chemistry Council and the American Petroleum Institute.
LUKEWARM ENDORSEMENT: Prominent Senate climate hawk Sheldon Whitehouse told reporters only time would tell how significant Republican Rep. Carlos Curbelo’s carbon tax legislation, H.R. 6463, is to the ongoing debate. “Anytime you can get an elected Republican to admit climate change is real and propose a solution, that’s a start,” he said. “Whether they’re serious and sincere or whether this is cover is something that time will tell, but it’s definitely not unwelcome.”
DOE NOMINEES ON TAP: Before the Senate ENR Committee holds its hearing this morning on global oil prices, the panel will consider four nominees to the Energy Department: Teri Donaldson to be inspector general of DOE; Christopher Fall to be director of the Office of Science; Karen Evans to be an assistant secretary for cybersecurity, energy security and emergency response; and Dan Simmons to be an assistant secretary for energy efficiency and renewable energy.
Meet the nominees: Donaldson was previously a partner at DLA Piper LLC in Houston and general counsel to Senate Energy and Public Works Committee, while Evans serves as the national director for U.S. Cyber Challenge and was previously administrator for E-Government and Information Technology under former President George W. Bush. Evans also served as chief information officer at DOE. Fall most recently was principal deputy director of the Advanced Research Projects Agency-Energy, which Trump has repeatedly sought to ax.
Simmons previously served as principal deputy assistant secretary for EERE. He is also the former vice president of policy at the pro-industry Institute for Energy Research. IER's "advocacy arm," the American Energy Alliance, has calledfor the elimination of the EERE office. But during a previous hearing, Simmons sought to reassure Democratic senators that he wouldn’t undermine its mission, despite his past criticisms. If you go: The markup begins at 10 a.m. in 366 Dirksen.
TAKE THE LEAD: A new coalition announced its creation Monday with its sights set on sending the Kigali amendment to the Montreal Protocol to the Senate for ratification. The “Let America Lead” coalition touts the National Association of Manufacturers, the U.S. Chamber of Commerce, the American Chemistry Council and the American Council for Capital Formation as its founding members, and says it will work with conservative leaders at all levels to demonstrate to the president that the amendment “is a win for American workers.” The amendment would phase down the use of hydrofluorocarbons, a global-warming inducing chemical used in cooling systems. George David Banks, the former climate and international energy adviser to Trump, is serving as a senior adviser to the coalition.
WHERE’S ZINKE? Interior Secretary Ryan Zinke will be in New Mexico today to speak at the Conference of Western Attorneys General’s annual meeting. The secretary will speak during a “fireside chat” with moderator Wayne Stenehjem, North Dakota’s attorney general, according to a draft agenda. Zinke will also visit Salt Lake City today to address the Days of ’47 Rodeo.
FOR YOUR RADAR: The House will consider a slate of bills this morning under suspension of the rules, including H.R. 519 (115), the “Water and Agriculture Tax Reform Act of 2018,” and the House amendment to S. 1182 (115), the “National Flood Insurance Program Extension Act of 2018.” Introduced by GOP Rep. Ken Buck last year, the former would amend a portion of the Internal Revenue Code of 1986 to facilitate water leasing and water transfers in the interest of conservation and efficiency. The flood insurance measure would renew the National Flood Insurance Program through Nov. 30, before it expires at the end of this month.
BLANKENSHIP’S BACK: Former coal baron Don Blankenship will file his official paperwork today with the West Virginia Secretary of State’s office for his third-party bid for the U.S. Senate. Blankenship campaign says it doesn’t expect the filing to be certified, but says it “will vigorously challenge the denial through all legal means necessary,” adding that Blankenship “fully expects to be on the ballot this November.” Blankenship, who spent a year in jail after an explosion at the Upper Big Branch Mine that killed 29 workers, lost the Republican Party primary earlier this year to Attorney General Patrick Morrisey in the race for Democratic Sen. Joe Manchin’s seat.
https://www.politico.com/newsletters/morning-energy/2018/07/24/what-to-do-with-a-smaller-spr-295529
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Senators Query Unconfirmed EPA Nominees Already at Work
Jul 24, 2018 | Inside EPA
Democratic senators are questioning the work two nominees for EPA political positions are already doing at the agency before winning Senate confirmation, alleging they are “skirting” the upper chamber's constitutional advice and consent role, and violating federal law.
In separate July 23 letters, Sens. Tom Carper (D-DE), Sheldon Whitehouse (D-RI), Bernie Sanders (I-VT) and Edward Markey (D-MA) question the nominees, Peter Wright, the former chemical industry executive tapped to lead EPA's waste office, and Charles McIntosh, the former auto industry executive selected to lead EPA's international office, about their current work.
While both were nominated, EPA Chief of Staff Ryan Jackson announced in an internal July 6 email, obtained by Inside EPA, that the two would be joining the agency July 9 as “special counsels” to acting Administrator Andrew Wheeler.
EPA ethics chief and assistant general counsel Kevin Minoli stressed that the two would not be conducting the work of the assistant administrator (AA) roles they have been tapped to do, but could be working in related areas. He added that the Obama administration used a similar practice.
The two had June 20 confirmation hearings before the Senate Environment & Public Works Committee, where Carper, the ranking Democrat, promised their paths to confirmation would be “troubled, at best.”
Minoli told Inside EPA that neither Wright nor McIntosh would serve in the position for which they were nominated but they may work in the program offices and may work in those subject areas. They would not do anything exclusive to the AA's role, he said.
EPA officials also stressed that the practice was in compliance with the Federal Vacancies Reform Act.
However, the senators are nonetheless raising questions about the situation, noting in a statement, “Both nominees are reportedly already occupying desks at the EPA and may be doing work that exposes the EPA to legal challenges.”
The letters say, “[W]hile you serve as 'special counsel,' it would be unlawful for you to assume any of the delegated authorities” of the offices for which Wright and McIntosh are nominated prior to Senate confirmation.
“Your involvement in certain EPA decisions could provide grounds for subjects of EPA regulations and oversight to challenge the legal validity of these decision in court,” the senators add.
They ask each nominee to answer a slew of questions, including providing their official job title and type of appointment; who they supervise; their relation to the acting AAs; a written job description; the status of their ethics agreements; a copy of their signed Trump ethics pledge and any waivers or recusals from it; a copy of their recusal statements; and a list of all email addresses in use at EPA.
Additionally, they ask both to re-respond to follow-up questions for the record from their confirmation hearings that they said they lacked familiarity to answer at the time. For Wright, the senators ask him to reply to 21 unanswered questions. For McIntosh, they seek responses to 12 unanswered questions.
Whitehouse also notes that he and Sen. Jeff Merkley (D-OR) last year posed similar questions over the role of then-EPA toxics chief nominee Michael Dourson, including whether he was obeying federal ethics rules since he was already at work at EPA despite not having won confirmation. Dourson ultimately withdrew his nomination and left EPA.
https://insideepa.com/daily-feed/senators-query-unconfirmed-epa-nominees-already-work
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New Data, Extended Consultation for Proposed Snur Amendment
Jul 24, 2018 | Chemical Watch
The US EPA has added additional data and reopened the comment period for proposed amendments to a TSCA significant new use rule (Snur).
The action relates to oxazolidine, 3,3′-methylenebis[5-methyl-, a substance approved for use as a metalworking fluid in September 2012.
The proposed changes, originally published on 8 February, concern its use as an anti-corrosive agent in oilfield operations and hydraulic fluids. The agency received a significant new use notice (Snun) last April for this application, but it identified toxicity concerns from it.
As a result, the agency issued a consent order requiring the Snun submitter to take certain measures to protect worker health. And it has sought to modify the substance’s Snur to apply the same to other potential businesses who would use the chemical in the same way.
But NGO Environmental Defense Fund raised concerns that the agency gave only a 15-day comment period. And it said the supporting documentation in the public docket was "incredibly incomplete".
The EPA has since updated the docket to include its risk assessment of the Snun, as well as the results of several tests. And it is reopening the comment period for 30 days on the proposed changes.
https://chemicalwatch.com/68954/new-data-extended-consultation-for-proposed-snur-amendment
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Substances in Plastic Packaging Database Published
Jul 24, 2018 | Chemical Watch
A database of over 4,000 chemical substances potentially found in plastic packaging, has been made publicly available.
The Chemicals associated with Plastic Packaging" (CPP) database (see CW; CRM) is the outcome of a collaboration between seven NGOs and research organisations in Europe and the US.
The project team has released it on the website of the Chemical Hazards Data Commons, but advises that it is a "work in progress" with many data gaps remaining. Interested parties can discuss and add data on, for example, use and toxicity.
The team says that working with industry, regulatory authorities and other stakeholders is essential to fill knowledge and information gaps and enable chemical risk assessment based on "actual data". The information is vital for effective and efficient substitution of the most hazardous substances in plastic packaging, it says.
There are 148 substances ranked according to toxicity. The most hazardous substances for human health and the environment identified include 14 phthalates; additives often used as plasticisers in many different types of packaging.
A research paper describing the work has been submitted to Science of the Total Environment. It is available, prior to peer review, as a preprint.
The project was funded by a grant from the MAVA Foundation, a Swiss-based charitable body.
https://chemicalwatch.com/68944/substances-in-plastic-packaging-database-published
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EU Member States Back Chromate Authorisation Applications
Jul 24, 2018 | Chemical Watch
By Luke Buxton
EU member states have approved applications for uses of chromium trioxide, listed as a substance of very high concern (SVHCs) under Annex XIV of REACH.
At the REACH Committee meeting on 11 July, they backed authorisation for two companies and conditional uses with a recommended review period expiring on 21 September 2024. These are:Circuit Foil Luxembourg for industrial use of chromium trioxide for the treatment of copper foil, used in the production of printed circuit board; andEuro Cryospace France for the surface preparation of aluminium alloy cryogenic tanks, used in the Ariane 5 launcher.
Member states also voted through a joint application by FN Herstal and Manroy Engineering for industrial use of chromium trioxide:in the hard chromium coating of military small- and medium-calibre firearms barrel bores and auxiliary parts subject to thermal, mechanical and chemical stresses, in order to provide hardness, heat resistance and thermal barrier properties, as well as corrosion resistance, adhesion and low friction properties.
The review period is set to end on 21 September 2029.
And REACH Committee members approved applications from FN Herstal and Browning Viana – Fábrica de Armas e Artigos de Desporto for industrial use of the chemical:in the hard chromium coating of civilian firearms barrel bores and auxiliary parts subject to thermal, mechanical and chemical stresses, in order to provide low friction coefficient as well as heat, corrosion and wear resistance properties.
The recommended review period expires on 21 September 2024.EDC
Members states also agreed to authorise three applications for uses of 1,2-dichloroethane (EDC) with a recommended review period running until 22 November 2029. The companies and uses are:Bayer Pharma: as an industrial solvent in the manufacture of the high-grade pure final intermediate of Iopromide, the active pharmaceutical ingredient for the X-ray contrast medium Ultravist;Eli Lilly Kinsale: as a reaction medium and a solvating agent in mediating subsequent chemical transformation reactions, leading to the manufacture of an active pharmaceutical ingredient raloxifene hydrochloride; andemp Biotech: a solvent in the manufacture of polymeric particles for pharmaceutical and research purification processes.
Additionally committee members approved Maflon’s application to use bis(2-methoxyethyl)ether as a carrier solvent in the formulation and subsequent application of sodium naphthalide etchant for fluoropolymer surface modification while preserving article structural integrity. The recommended review period expires on 22 August 2029.
And they approved an application from Polynt Composites France for two uses of formaldehyde (oligomeric reaction products with aniline) (technical MDA) with the review period ending on 21 August 2029. They are:formulation of an epoxy resin hardener containing technical MDA; andindustrial use of an epoxy resin hardener containing technical MDA, aimed at immobilising spent ion exchange resins in a high containment matrix.
https://chemicalwatch.com/68908/eu-member-states-back-chromate-authorisation-applications
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UK Consumer Body Flags Excessive Boron Levels in 'Slime' Toys
Jul 24, 2018 | Chemical Watch
Children's 'slime' products, sold as toys in online stores, can contain levels of boron compounds exceeding EU safety limits, the UK consumer group Which? has said.
The organisation tested 11 slime products available to buy from Amazon, Smyths and The Works. Only three met the EU toy safety Directive's 300mg/kg limit value for boron.
The other eight contained levels of the chemical between 560 and 1,400mg/kg. Amazon has removed these non-compliant products from sale, Which? reports.
Boron compounds, such as borax, are added to toy slime to give it its gelatinous texture. They are classified as reprotoxic.
The Finnish Safety and Chemicals Agency (Tukes) recently flagged that non-EU online stores are selling borax-containing toy slimes without the proper warning labels.
Slime products have also attracted attention in Norway, for containing high levels of lead and arsenic. And in France, the Agency for Food, Environmental and Occupational Health and Safety (Anses) has said that homemade toy slime can pose health risks to children because they may contain hazardous substances.
https://chemicalwatch.com/68918/uk-consumer-body-flags-excessive-boron-levels-in-slime-toys
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Dying Groundskeeper Testifies on Monsanto Weedkiller
Jul 24, 2018 | London Guardian (In E&E Greenwire)
A man with terminal cancer testified in a San Francisco courtroom yesterday that a popular weedkiller caused his illness.
Dewayne Johnson, 46, was the first person to take Monsanto Co. to court over allegations that Roundup causes cancer. Johnson began working as a school groundskeeper and pest manager in 2012, and spraying Roundup was part of his job. In 2014, he was diagnosed with the blood cell cancer non-Hodgkin lymphoma.
If he had known at the time about the harm Roundup causes, he wouldn't have used it, Johnson said in court.
"I would've never sprayed that product on school grounds ... if I knew it would cause harm. ... It's unethical," he said.
He said he wore protective gear while spraying but was still exposed to glyphosate-containing chemicals.
"You were getting it on your face every day," Johnson said. "It was kind of unavoidable."
Monsanto, which recently merged with German chemical giant Bayer AG, maintains that Roundup is safe.
Earlier this month, a federal judge ruled that lawsuits brought by hundreds of other cancer patients against Monsanto can move forward (Greenwire, July 11).
In 2015, the World Health Organization's International Agency for Research on Cancer put glyphosate in the category "probably carcinogenic to humans." Other health organizations and EPA have not made similar findings, however (Sam Levin, London Guardian, July 23). — CC
https://www.eenews.net/greenwire/2018/07/24/stories/1060090163
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Energy Department Clears ‘Small-Scale’ Natural Gas Exports for Fast Approval
Jul 24, 2018 | The Hill - E2 Wire
By Timothy Cama
The Trump administration is expediting the approval process for projects that are meant to export small amounts of natural gas, including liquefied natural gas (LNG).
In a final regulation released to the public Tuesday, the Department of Energy (DOE) said it will automatically approve gas export applications if they would be at or below 51.75 billion cubic feet of exports per year and do not rise to the level of requiring an environmental review.
“DOE has determined that small-scale natural gas exports are consistent with the public interest,” the agency said in its regulation, citing the Natural Gas Act’s requirement that exports can only be approved if they are in the United States’ public interest.
“In sum, DOE has thoroughly analyzed the many factors affecting the export of U.S. natural gas, as well as the unique characteristics and minimal adverse impacts of the emerging small scale natural gas market,” the department said, concluding that the public interest standard has been met.
The regulation is due to be published in the Federal Register on Wednesday, starting a 30-day clock before it takes effect.
DOE has previously approved more than two dozen projects to export LNG, but only two are currently in operation. Interest in gas exports rose in recent years as domestic production grew significantly, owing to hydraulic fracturing and other advanced drilling techniques.
Gas exports also align with the Trump administration's drive for "energy dominance," a paradigm that centers largely on selling U.S. energy around the world.
The small-scale export market is mainly limited to the Western Hemisphere, including the Caribbean, South America and Central America.
“DOE believes that facilitating small-scale natural gas exports will allow for greater diversity and competition in the natural gas market,” DOE said.
The regulation largely matches legislation proposed last year by Sens. Bill Cassidy (R-La.) and Marco Rubio (R-Fla.) that would have set a similar bar for small-scale exports and allow such applications to be quickly approved.
http://thehill.com/policy/energy-environment/398565-doe-clears-small-scale-natural-gas-exports-for-fast-approval
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DOE ‘Small-Scale’ LNG Final Rule Slated for Publication
Jul 24, 2018 | PoliticoPro - Whiteboard
By Darius Dixon
A final Energy Department rule easing approvals for exporting “small volumes” of liquefied natural gas to countries the U.S. doesn't have free trade agreements with is scheduled to be published Wednesday.
The rule, which was announced by a pre-publication notice in the Federal Register, would allow DOE to expedite applications to export LNG in quantities up to 140 million cubic feet per day, so long as they don’t trigger an environmental impact statement or an environmental assessment under the National Environmental Policy Act. DOE chose that volume limit because it was “consistent with industry practice for the emerging small-scale export market.”
Over the past year, DOE has argued that the agency expects that the small-scale shipments will serve LNG customers in the Caribbean, as well as Central and South America. Those regions “do not generate enough demand to import the large volumes of natural gas supplied by the large-scale natural gas import/export market.”
WHAT’S NEXT: According to a pre-publication notice in the Federal Register, the rule will go into effect August 22 — 30 days after it’s issued.
https://subscriber.politicopro.com/energy/whiteboard
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Energy Security Must Be High on the Agenda
Jul 24, 2018 | The Hill - Congress Blog
By Fred Upton
Whether it’s the flip of a light switch or plugging in your cell phone to charge – never has the reliability of our energy supply been more important to so much in our daily lives. That also means never has energy infrastructure been a greater potential target for an attack.
It is indisputable that ensuring the reliable and uninterrupted supply of fuels and electricity is absolutely essential to our nation’s economy, security, and the health and safety of its citizens. However, as our energy infrastructure has become more complex and interconnected and society has grown more dependent on this infrastructure, safeguarding it has become particularly challenging.
Recently reported high-profile attempts by foreign nations to infiltrate our nation’s energy sector, as well as a devastating year for natural disasters in 2017, highlight the need for preparing for and mitigating these real and growing threats.
We’ve read alarming reports of what might happen if there were a successful, widespread attack on our energy infrastructure—and the potential challenges to recovering from such an attack. By any measure, energy security must be at the top of Washington’s agenda, or we could face serious costly and life-threatening consequences.
Since its inception, the Department of Energy (DOE) has performed a vital energy security mission to ensure the supply and delivery of fuels and power in emergencies. Over time, DOE has developed the information tools and technical capacity to respond to emergencies and to develop advanced technologies to protect the nation’s energy infrastructure, especially against cyberthreats.
In recent years, Congress reemphasized DOE’s responsibility to respond to physical and cyberattacks to energy systems through the passage of the FAST Act of 2015. Energy Secretary Rick Perry has also taken important steps to make DOE’s management of energy emergencies and cybersecurity a top priority with the recent establishment of the Office of Cybersecurity, Energy Security, and Emergency Response.
But there is still more work to be done. And the good news is, the House is hard at work.
In recent months, the Energy and Commerce Committee advancedseveral bipartisan bills that will strengthen DOE’s capabilities to respond to, and protect against, physical and cybersecurity threats to our energy infrastructure.
Of course, for DOE to effectively carry out its responsibilities, it must account for each interrelated segment of the nation’s energy infrastructure, including pipelines, which are subject to an array of other federal authorities.
This is why I introduced the Pipeline and LNG Facility Cybersecurity Preparedness Act to address this issue. This legislation requires the secretary of Energy to establish a program to improve cooperation between federal agencies, states, and industry to ensure the safe and dependable flow of energy across the United States. This will help boost physical security and cybersecurity of energy pipelines and liquefied natural gas facilities.
Other legislation passed by the committee includes the Energy Emergency Leadership Act, the Cyber Sense Act, and the Enhancing Grid Security through Public-Private Partnerships Act. All of these bipartisan measures take practical steps to ensure that DOE can effectively carry out its emergency and security duties.
The threat of an attack on our energy infrastructure is no longer a matter of “if,” but “when.” Congress must act swiftly by providing DOE with the tools it needs to enhance preparedness and protections of our energy systems.
It is time to enact legislation that confronts these threats and improves the resiliency and reliability of our nation’s energy infrastructure.
Our economy and national security depend on it.
Rep. Fred Upton represents Michigan's 6th District and is chairman of the Energy and Commerce's Energy Subcommittee.
http://thehill.com/blogs/congress-blog/energy-environment/398556-energy-security-must-be-high-on-the-agenda
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Senate Energy Panel Backs 4 DOE Nominees
Jul 24, 2018 | PoliticoPro - Whiteboard
By Darius Dixon
The Senate Energy and Natural Resources Committee signed off on a raft of nominees for the Energy Department this morning.
Teri Donaldson was up to be the DOE inspector general, a post that’s been vacant for nearly three years; Karen Evans, who is DOE's chief information officer, has been nominated to head a new cybersecurity office; Christopher Fall is slated to be the science office director; and Daniel Simmons was picked to head DOE’s Office of Energy Efficiency & Renewable Energy.
Simmons, who faced the greatest criticism because of his previous work at the conservative Institute for Energy Research, was the only nominee to get a roll call vote. Still, he was approved on a 14-9 vote, with the support of every panel Republican and Sens. Angus King (I-Maine) and Joe Manchin (D-W.Va.). The other nominations advanced on voice votes, but Sen. Mazie Hirono (D-Hawaii) asked to be recorded as a no on Evans.
WHAT’S NEXT: The nominees now move to the full Senate, but the timing of a confirmation vote is unclear.
https://subscriber.politicopro.com/energy/whiteboard
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CSX to Pay $2.2m Penalty for W.Va. Derailment
Jul 24, 2018 | E&E Greenwire
By Amanda Reilly
Railroad operator CSX Transportation has agreed to pay $2.2 million in penalties for a 2015 train derailment that caused an oil spill in Mount Carbon, W.Va.
The company has also agreed to contribute $500,000 to a state-administered fund toward upgrading a water treatment facility in Fayette County. The federal government and West Virginia jointly announced the proposed settlement today.
The Feb. 16, 2015, incident involved a 109-car CSX train. Twenty-seven of the train's tank cars — each containing 29,000 gallons of crude oil — derailed in Mount Carbon, causing explosions and fires and forcing the evacuation of nearby residents. A home and garage were destroyed in the blaze.
Following the incident, some oil flowed into the Kanawha River and Armstrong Creek.
Of the total penalties, CSX has agreed to pay $1.2 million to the federal government and $1 million to West Virginia.
"Today's settlement imposes serious fines under the Clean Water Act for the 2015 CSX train derailment in West Virginia and seeks to deter similar incidents from happening in the future," said Jeffrey Wood, acting head of the Justice Department's Environment and Natural Resources Division.
The settlement is subject to a 30-day public comment period.
https://www.eenews.net/greenwire/2018/07/24/stories/1060090189
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Shuster Unveils His Big Infrastructure Vision
Jul 24, 2018 | Politico - Morning Transportation
By Tanya Snyder
PICTURE IT: The year is 2028. The 33.4-cent gas tax is about to disappear and a new system of per-mile road fees, 10 years in the making, are about to come into effect. The Highway Trust Fund is finally on a course toward sustainability. Infrastructure projects speed through an efficient federal permitting process and lightning-fast environmental approvals. It’s Rep. Bill Shuster’s infrastructure vision, come to life, at least according to a draft he released Monday evening.
Rose-tinted glasses aside: The infrastructure draft faces a steep uphill climb. Congress isn’t interested in turning to infrastructure without a pay-for, and Shuster's draft probably won't get much traction until it's time to reauthorize highway and transit programs. Even then, there will be the old familiar struggles with the perceived political dangers of supporting a raise in the gas tax, which is Shuster’s interim solution as a pilot program gets underway to get a per-mile fee system established. Nonetheless, there will be some willingness on the part of Shuster's comrades in the House to honor his legacy, as instructed by this document.
MAXIMUM PRESSURE: FRA will propose levying the highest possible penalty amount -- nearly $28,000 -- on each of the 13 railroads that blew self-imposed deadlines for positive train control hardware installation or spectrum acquisition in 2017, according to an agency report to Congress obtained by POLITICO. While railroads have until Dec. 31, 2018, to either fully comply with the PTC mandate or meet benchmarks to qualify for an extension, railroads must set milestones to meet along the way within their PTC implementation plans; regulators fined 14 railroads for those sorts of violations based on their stated 2016 plans last summer. Lauren has more here.
A CASE OF THE TUESDAYS: Thanks for tuning in to POLITICO’s Morning Transportation, your daily tipsheet on all things trains, planes, automobiles and ports. Tanya’s driving the train today and Stephanie will step back in Wednesday, so send her your tips, scoops and song requests: @Steph_Beasley or sbeasley@politico.com.
“One, two, three, they gonna run back to me / Climbing over mountains and a-sailing over seas / One, two, three, they gonna run back to me / They always wanna come, but they never wanna leave.”
LISTEN HERE: Follow MT’s playlist on Spotify. What better way to start your day than with songs (picked by us and readers) about roads, rails, rivers and runways?
MAYBE LATER: Next week isn’t looking good for Senate FAA bill, S. 1405 (115), floor time. Senate Commerce Chairman John Thune (R-S.D.) told reporters Monday evening that aides have shrunk the number of amendments down to 30 or 40. “But I don’t think we’re anywhere close to being able to get it up on the floor yet,” he said. Brianna has the news for Pros.
HOLD YOUR HORSEPOWER: Whenever the FAA bill does make its way to the Senate floor, some would like to see the Senate’s driverless car bill, S. 1885 (115), attached to it — but a coalition of safety groups is ramping up its oppositionto the idea of moving the self-driving bill forward at all. The groups say it puts the cart before the horse for Congress to pass driverless car policy before the NTSB completes investigations into several crashes and failures of vehicles with automated features, including the fatal Uber crash in Tempe, Ariz. A pollcommissioned by Advocates for Highway and Auto Safety found that 84 percent of respondents agree that Congress should wait. A recent letter from 70 safety groups outlined a list of nine improvements they say should be made before the bill moves forward.
Change of heart: Supporters can’t help but wonder what happened to the safety advocates who backed the bill when it was first approved by committee, saying at the time that it included “critical safety and consumer protection provisions,” with Advocates President Cathy Chase (then vice president of governmental affairs) going so far as to change the bill’s name from “AV START” to “AV SAFETY.” Frederick Hill, communications director for the Commerce Committee, said the groups are “trying to get even more before floor consideration than what was negotiated at committee.” But the groups argue the bill keeps cities in the dark and underfunds NHTSA to the point where it can’t be an effective “cop on the beat.” They also say driverless cars have a worse crash rate than traditional vehicles by miles traveled, and they point to ongoing testing on public roads as proof that the lack of legislation isn’t slowing down development.
Unpopular opinion: A new Brookings survey confirms the bad news for driverless car boosters. Public confidence in driverless cars appears to be moving in the wrong direction, with only 21 percent of survey respondents saying they were “likely” to ride in a self-driving car if they had the chance — down from 44 percent in a similar poll in May 2017.
OTOH: More than 100 automakers, technology developers and interest groups sent a letter to Senate leaders Monday urging passage of the driverless car bill, citing potential safety gains and saying the legislation would strengthen NHTSA’s oversight. The Intelligent Transportation Society of America sent its own letterMonday supporting the bill. And Greg Rogers, director of government affairs and mobility innovation for Securing America’s Future Energy, wrote a response to “misconceptions” from the bill’s opponents.
** A message from Delta Air Lines: At Delta Air Lines, we’re proud to help you stay connected in the air. With in-flight Wi-Fi you can enjoy free smartphone messaging on all Delta flights from D.C. for use with iMessage, Facebook Messenger and WhatsApp. For more information, visit delta.com/wifi. Legal: Varies by aircraft and route. Terms apply. **
THIS AGAIN: House Minority Whip Steny Hoyer announced a rebooted Democratic “Make It in America” plan aimed at boosting private-sector job creation. The three pillars of the plan are education, entrepreneurship and infrastructure. In his plan, Hoyer called on Congress to “commit to real, multi-year, and fully-funded authorizing bills that tackle the backlog both for transportation networks and water infrastructure.” He said doing so would put Americans to work and “increase private sector efficiency for decades to come.” The announcement came on the same day as President Donald Trump’s Made In America showcase of U.S.-made products.
MT INFLUENCE: Second-quarter lobbying disclosure forms came out Monday and here’s what we’ve got for you. Freight railcar manufacturer Vertex Railcar hired Troutman Sanders to lobby on the China tariffs. And Slipstream Strategies now has the Alliance for Drone Safety and Security Solutions as a client. Lobbying terminations were filed for (h/t POLITICO Influence):
— Beveridge & Diamond PC: Alliance of Automobile Manufacturers
— Clark Hill, PLC: Nexteer Automotive
— Dykema Gossett Pllc: Smart Growth America
— Federal Policy Group, LLC: Truck Renting and Leasing Association
— Greenberg Traurig, LLP: American Trucking Associations
— Holland & Knight LLP: United Airlines Inc
— Kelley Drye & Warren LLP: Automotive Recyclers Association
— Nossaman LLP (Formerly Nossaman LLP/O'Connor & Hannan): Alaska Aerospace Corporation and Freezer Longline Coalition
— Raffaniello & Associates: National Automobile Dealers AssociationA LITTLE MORE TIME: DOT extended by 30 days the public comment period for certain aspects of the 2008 Nondiscrimination on the Basis of Disability in Air Travel rule — specifically, the online mechanism for passengers to request disability accommodation services and web disclaimers notifying users the that the application or website may not be accessible.
GRAND CHALLENGE: DARPA, the military technology program that jump-started driverless car engineering out in the Mojave Desert in 2004, is leaning into “third-wave” artificial intelligence — the kind that can adapt to changing situations, as driverless cars have to. DARPA has announced new, accelerated funding opportunities of up to $1 million, hoping researchers can establish the feasibility of new AI concepts within 18 months of getting the award.
ARE YOU RIDING (IN YOUR CAR AND IN YOUR FEELINGS)? If so, NTSB wants you to knock it off. For the uninitiated, the “In My Feelings” challenge — so dubbed for the new Drake song that inspired it — has spurred the public to attempt the dance while jumping out of moving vehicles (or just generally in streets). NTSB entered the fray Monday by tweeting that this is a bad idea, in case you thought otherwise, pointing to its “most wanted” transportation safety item of eliminating distractions in all modes. Shiggy, the social media comedian who started the craze last month, filmed the dance on a street while a few cars passed behind him.
THIS IS WHAT WE HAVE BECOME: A July 8 incident report filed with the California DMV was the saltiest and most San Francisco thing ever. “A Cruise autonomous vehicle ('Cruise AV') while operating in autonomous mode, was involved in an incident on westbound Sutter Street at the intersection with Sansome Street when a jaywalking pedestrian approached the Cruise AV and intentionally stepped up onto the hood of the vehicle while the Cruise AV was stopped at a red light, resulting in a dent on the hood. The pedestrian then stepped off and walked away.”
SHIFTING GEARS: David Friedman has been promoted to vice president for advocacy at Consumer Reports, where he previously served as director of cars and product policy and analysis. The United Airlines government relations staff in Washington has doubled in recent months from three to six, bringing on Tom Michels as the new managing director of government relations, focusing on sustainability and corporate responsibility, and Maura McGovern Kantakevich as the new director of government relations. Meanwhile, Adam Hepburn, who previously served as the director of congressional affairs, has transitioned to be director of strategic advocacy, planning and issue management.
https://www.politico.com/newsletters/morning-transportation/2018/07/24/shuster-unveils-his-big-infrastructure-vision-294910
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U.S. Refiners Scramble To Avoid Railcar Shortage
Jul 24, 2018 | Oilprice
By Irina Slav
U.S. oil refiners as well as producers are frantically looking for ways to reverse a decision by the country’s largest railroad operator, BNSF Railway Co, to curb the use of retrofitted oil tank cars on its railroads as a safety measure after a derailment in Iowa in June.
Reuters reports that this decision could lead to the removal of several thousand oil tank cars from a crucial railway line and up the lease the rates for new cars substantially. Already, two brokers told Reuters, the lease rate for new oil tank cars is over US$1,000 apiece per month, up from US$400 per month at the end of last year.
In June, an oil train derailed in Iowa and spilled more than 200,000 gallons of Canadian heavy crude into a public waterway. Following the incident, BNSF said it will stop offering retrofitted tank cars—of which there are about 11,000 on U.S. railroads—in new contracts. Companies including Exxon, Phillips, and Enbridge use the cars and will be affected by the change.
BNSF’s decision comes at a bad time for shale producers, particularly in the Permian. The oil rush that some media have dubbed Permania led to a shortage of pipeline capacity in the prolific shale play that has resulted in a discount for crude pumped there as it sits and waits longer than usual to be shipped to the Gulf Coast refineries.
Canadian heavy oil producers are also suffering a worsening pipeline shortage, so for both groups, the railway has become the obvious alternative, even though it is costlier for them and, based on statistical data, riskier for the environment, as once more proved by the Iowa derailment.
However, pipeline opposition in both the United States and Canada has prevented the industry from adding much needed capacity, although the Permian is better placed than the Alberta oil sands: several large-scale pipeline projects are in progress there already.
https://oilprice.com/Latest-Energy-News/World-News/US-Refiners-Scramble-To-Avoid-Railcar-Shortage.html
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(ACC Mentioned) Ewire: Major Industry Groups Back HFC Treaty
Jul 24, 2018 | Inside EPA
Several heavyweight industry trade associations are mobilizing behind a campaign to persuade President Donald Trump to embrace an Obama-era international agreement to curb refrigerants that act as potent greenhouse gases, urging him to submit the deal to the Senate for a ratification vote.
Axios reports on the creation of a new political coalition, known as Let America Lead, which wants Trump to embrace the Kigali Amendment to the Montreal Protocol, which sets a global phase-down schedule for hydrofluorocarbons (HFCs).
The deal is backed by much of the refrigeration and chemical industries, as well as environmentalists. Now, several major trade groups are adding their backing: the U.S. Chamber of Commerce, the National Association of Manufacturers, the American Chemistry Council and the American Council for Capital Formation.
These groups are focusing on how the Kigali deal could make American industry more competitive, and are not focusing on the climate change-related aspects of the agreement.
That strategy echoes previous advocacy on the issue from a group of 13 Senate Republicans, and a wide range of refrigeration and air conditioning groups.
Despite the widespread backing from Trump allies, a coalition of more than 20 national and state conservative groups has urged Trump to “reject” the Kigali deal, charging it would lead to “higher costs for households, motorists and businesses that rely on air conditioning and refrigeration.”
The advocacy over Kigali comes amid ongoing uncertainty over EPA's regulations targeting HFCs. States and environmentalists are suing the agency over its decision not to enforce 2015 limits on HFCs, arguing the agency is unlawfully dropping the requirements through a guidance document.
The guidance responds to an adverse court ruling that partially vacated the 2015 rule, though critics say EPA is going beyond the court's ruling and would allow large numbers of commercial refrigeration systems to switch to HFCs.
https://insideepa.com/daily-feed/ewire-major-industry-groups-back-hfc-treaty
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Industry, Conservatives Form Group to Push Kigali Amendment
Jul 24, 2018 | E&E Greenwire
By Nick Sobczyk
A coalition of industry and conservative groups have founded a new organization to support an Obama-era climate agreement.
The Let America Lead coalition announced its formation yesterday, with the goal of pushing President Trump to send the Kigali Amendment to the Senate for ratification.
The coalition was founded by the National Association of Manufacturers, U.S. Chamber of Commerce, American Chemistry Council and American Council for Capital Formation.
George David Banks, a former Trump energy aide who recently founded his own conservative climate change group, is also serving as a senior adviser.
"President Trump's record demonstrates his commitment to making leadership decisions based on their ability to deliver for American workers and American families," Banks said in a statement. "Our nation's manufacturers — large and small — serve as the foundation of our nation's strength and will see positive benefits from the Kigali Amendment."
The Kigali Amendment — named for the Rwandan capital where it was finalized in 2016 — would phase out the potent greenhouse gases known as hydrofluorocarbons (HFCs).
It's backed by a wide range of groups, with industry and some Republicans favoring consistent rules worldwide and environmentalists aiming to address climate change.
But it is still awaiting ratification by a two-thirds majority in the Senate. The language got a stamp of approval from Trump's State Department last year, but it's since hit a snag within the broader administration.
And conservatives appear to be at an impasse. While a group of 13 Senate Republicans sent a letter urging ratification last month, groups including the Competitive Enterprise Institute, Heritage Foundation and American Energy Alliance have come out against it (Greenwire, July 2).
Let America Lead, meanwhile, plans to pitch the Kigali Amendment as a win for business and for Trump's base.
"Establishing a platform for conservative voices, working Americans and members of the manufacturing community to demonstrate support for this international trade agreement will help President Trump hear from people he values most why it is such a powerful opportunity to level the playing field for America," Banks said.
https://www.eenews.net/greenwire/2018/07/24/stories/1060090181
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