Preview Newsletter
ACC PM 27/07/18
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(ACC Mentioned) Trade War Helps Kill Sale of Eastman Chemical Plants
Jul 27, 2018 | Bloomberg, American Journal of Transportation
By Jack Kaskey
President Donald Trump’s trade war has derailed Eastman Chemical Co.’s efforts to sell some factories in Texas. -
(ACC Mentioned) The ‘Complicated Truth’ About Recycling and the Plastic Water-Bottle Ban (Letter to the Editor)
Jul 27, 2018 | The Berkshire Edge
By Mickey Friedman
To the editor: I appreciate how passionate people are about plastics. -
(ACC Mentioned) House Passes Save Our Seas Act
Jul 27, 2018 | Recycling Today
By DeAnne Toto
June 25, the U.S. House of Representatives passed S. 756, the Save Our Seas Act of 2018, which amends the Marine Debris Act to revise the Marine Debris Program to require the National Oceanic and Atmospheric Administration (NOAA) to work with other agencies to address land- and sea-based sources of marine debris and the Department of State and other agencies to promote international action to reduce the incidence of marine debris. -
(ACC Mentioned) June Commodity Prices Calm As Only PP, PET Up
Jul 27, 2018 | Plastics News
By Frank Esposito
June was a relatively quiet month for North American commodity resin pricing, with only polypropylene and PET bottle resin seeing any changes. -
EPA Tried to Discredit Retirees After The Washington Post Published Their Criticisms
Jul 27, 2018 | The Washington Post
By Joe Davidson
When you have a liar in the White House, it should be no surprise when mendacity afflicts the agencies. -
Ewire: EPA Emails Show Plan to Discredit Retired Staff Critical of Trump
Jul 27, 2018 | Inside EPA
Newly released EPA emails detail the efforts by the agency under former Administrator Scott Pruitt to “get in front of” retired career officials' attacks on Pruitt, his policies and the Trump administration generally, providing a new windows into those battles and potentially bolstering the retired officials' claims of privacy violations. -
EPA Ethics Official Defends Wheeler Over Meetings
Jul 27, 2018 | The Hill - E2 Wire
By Timothy Cama
A top Environmental Protection Agency (EPA) ethics official is defending Acting Administrator Andrew Wheeler over a series of meetings he held with former clients. -
The Latest: 3,000 Cases of Water Given Away After PFAS Found
Jul 27, 2018 | AP (In The Washington Post)
More than 3,000 cases of bottled water have been handed out in a small southwestern Michigan city after contaminants were found in its municipal water supply. -
2 Michigan Communities Told to Stop Using Contaminated Water
Jul 27, 2018 | AP (In The Washington Post)
Authorities handed out free bottled water Friday for two southwestern Michigan communities where the discovery of contamination from toxic industrial chemicals prompted a warning against using the public water system for drinking or cooking. -
Agency Won't Replace Climate Rule Until 2019
Jul 27, 2018 | E&E Climatewire
By Niina Heikkinen
EPA will not complete a replacement for the Clean Power Plan until at least early next year, new court filings show. -
Congress Looking to Ease FERC Backlog, Raising Staff Salaries
Jul 27, 2018 | Houston Chronicle
By James Osborne
A backlog in permitting new LNG terminals at the Federal Energy Regulatory Commission has drawn the attention of two Texas Congressmen. -
Three E&Ps Ordered to Plug 1,000-Plus Abandoned Wells in Pennsylvania
Jul 27, 2018 | Natural Gas Intelligence
By Jamison Cocklin
The Pennsylvania Department of Environmental Protection (DEP) has ordered CNX Resources Corp., XTO Energy Inc. and Alliance Petroleum Corp. to plug more than 1,000 abandoned wells across the state. -
Federal Appeals Court Dismisses Another Challenge to MVP
Jul 27, 2018 | Natural Gas Intelligence
By Jamison Cocklin
A federal appeals court this week affirmed a lower court’s ruling in Virginia to dismiss yet another challenge brought by a group of landowners and a trust against the Mountain Valley Pipeline (MVP). -
EPA Tells Federal Regulators to Ignore Its Offer of Climate Assistance on Pipeline Reviews
Jul 27, 2018 | ThinkProgress
By Mark Hand
An Environmental Protection Agency (EPA) political appointee walked back comments made by one of her colleagues — a senior career agency employee — on how the EPA could help federal energy regulators analyze the climate impact of proposed natural gas pipelines. -
Senate Dems Press FERC on Social Cost of Carbon
Jul 27, 2018 | E&E Greenwire
By Geof Koss
Senate Democrats are backing calls for the Federal Energy Regulatory Commission to use the social cost of carbon metric in evaluating natural gas pipelines. -
Appeals Court Sides with Environmentalists in Pipeline Case
Jul 27, 2018 | AP (In The Washington Post)
An appeals court has sided with environmental groups who challenged the decision by federal agencies to allow construction of a 300-mile natural gas pipeline that would cut through national forests. -
State Department to Issue Keystone XL Environmental Review
Jul 27, 2018 | PolticoPro - Whiteboard
By Ben Lefebvre
The State Department will release a draft environmental assessment of the route the Keystone XL pipeline is proposed to take through Nebraska, according to a document to be published Monday in the Federal Register. -
U.S. Reaches $3.1M Settlement with Dupont Over 2014 Accident
Jul 27, 2018 | Reuters (In E&E Greenwire)
By Timothy Ahmann
EPA and the Justice Department have entered a $3.1 million settlement with E. I. du Pont de Nemours and Co. over a 2014 chemical accident at the company's former La Porte, Texas, plant that killed four employees, EPA said yesterday.
Industry and Association News
LCSA News - There are no clips to report at this time.
Chemical Management News
Energy News
Transportation and Infrastructure News - There are no clips to report at this time.
Environment News - There are no clips to report at this time.
Chemical Security News
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(ACC Mentioned) Trade War Helps Kill Sale of Eastman Chemical Plants
Jul 27, 2018 | Bloomberg, American Journal of Transportation
By Jack Kaskey
President Donald Trump’s trade war has derailed Eastman Chemical Co.’s efforts to sell some factories in Texas.
After five years of talks with multiple parties to sell ethylene plants in Longview, Texas, the company is putting the effort on hold, Chief Financial Officer Curt Espeland said Friday. One reason is that a wave of new plants has cut spot prices for ethylene, a gas that is the foundation for 40 percent of chemicals and an ingredient in most plastics.
The other reason is the trade war. China has responded to U.S. tariffs with its own, targeting $5.4 billion of chemicals and plastics annually imported into the country, according to the American Chemistry Council, an industry group. Beijing is going after chemicals because shale fracking unleashed a torrent of inexpensive natural-gas feedstock that has made the U.S. the world’s low-cost producer, the council said.
“Current market conditions, combined with the current geopolitical environment on trade has made it very difficult to move forward at this time” with a sale of the Texas plants, Espeland said on an earnings conference call.
Eastman meanwhile is running the plants at reduced rates to limit the hit to earnings from selling low-priced ethylene. The Kingsport, Tennessee-based company also is changing raw materials to minimize ethylene output in favor of propylene, which is used for higher value products. Plant upgrades will allow the company to use a wider variety of raw materials.
“That buys us time to see if market conditions improve and to see whether the sale option comes back to life,” Espeland said.
https://www.bloomberg.com/news/articles/2018-07-27/trade-war-helps-kill-sale-of-eastman-chemical-plants-in-texas
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Jul 27, 2018 | The Berkshire Edge
By Mickey Friedman
To the editor:
I appreciate how passionate people are about plastics. I do wish, though, that advocates for the plastic water-bottle ban, such as Marcia Arland, would acknowledge a simple truth — there is ongoing plastics recycling right here in the United States.
According to the American Chemistry Council, “Plastics recycling is a growing industry in the United States with nearly 18,000 companies handling and reclaiming post-consumer plastics.
“Recycling programs can vary from place to place, but most community curbside programs recycle plastic bottles, and many large grocery and retail chains now offer bins to collect plastic bags and wraps for recycling. So, there’s a very good chance you can recycle these common items where you live. In 2011, Americans recycled more than 5.3 billion pounds of plastics.”
As for local communities coping with the issue, Omaha, Nebraska, for example, has a comprehensive plastics recycling program and makes it especially easy for residents to separate their plastics in a special envelope.
According to First Star Recycling: “Plastic bottles can be recycled by placing them in your curbside recycling or by taking them to one of our drop off sites … many soft plastics that were previously discarded can now be consolidated in Hefty® EnergyBags™ and converted into energy to produce cement, rather than ending up in a landfill.”
Nobody wants plastics littering the universe. And it obviously takes more effort to both pick up plastic litter and create a plastics recycling program than it does to ban plastic bottles. But the more complicated truth is that we do have options and choices that don’t have to divide our community.
Mickey Friedman
Great Barringtonhttps://theberkshireedge.com/the-complicated-truth-about-recycling-and-the-plastic-water-bottle-ban/
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(ACC Mentioned) House Passes Save Our Seas Act
Jul 27, 2018 | Recycling Today
By DeAnne Toto
June 25, the U.S. House of Representatives passed S. 756, the Save Our Seas Act of 2018, which amends the Marine Debris Act to revise the Marine Debris Program to require the National Oceanic and Atmospheric Administration (NOAA) to work with other agencies to address land- and sea-based sources of marine debris and the Department of State and other agencies to promote international action to reduce the incidence of marine debris. The bill also revises the program by allowing NOAA to make sums available for assisting in the cleanup and response required by severe marine debris events.
Sen. Dan Sullivan of Alaska introduced the bill to the Senate March 29, 2017, where it passed unanimously Aug. 3, 2017. In the House, Reps. Don Young of Alaska, Suzanne Bonamici of Oregon and 43 other representatives cosponsored the bill. The amended legislation will have to be approved by the Senate before going to the president.
The American Chemistry Council (ACC), Washington, says the “important bipartisan legislation … focuses and directs the U.S. government’s help in addressing international marine debris and land-based waste management solutions in the places that need it the most.”
The association issued the following statement from Steve Russell, vice president of the ACC’s Plastic Division, supporting passage of the proposed legislation:
“As a longtime supporter and champion of this bicameral legislation, the American Chemistry Council commends the House passage of the ‘Save Our Seas Act’ and thanks the House Transportation and Infrastructure committee and all the sponsors and co-sponsors for their steadfast leadership. The ‘Save Our Seas Act,’ which reauthorizes the Marine Debris Act, includes provisions to further study land-based waste management solutions and causes of marine debris and provides increased investment and technical assistance to help expand waste management systems in rapidly industrializing nations. This important legislation will help direct waste management resources where they are most urgently needed.
“We strongly support the act’s focus on international cooperation as a key solution in addressing marine debris. Studies show that rapidly developing countries that lack basic waste collection and management account for a majority of trash entering our ocean.
“Legislation is one part of the answer. We and our members are working with governments, NGOs (nongovernmental organizations) and the private sector to deliver sustainable solutions to marine debris. Through our ‘Global Declaration,’ 75 plastics associations from 40 countries have launched 355 projects that address education, research, public policy, best practices, plastics recycling/recovery and plastic pellet containment.
“In May America’s plastic resin makers announced an ambitious goal: to recycle or recover all plastic packaging in the United States by 2040. Achieving a more circular economy for plastics will enable society to continue to harness plastics’ essential benefits, like enhancing the safety and sanitary packaging of food and personal care products, while helping to protect and restore the environment for future generations.
“We urge the Senate to bring this much-needed legislation to a swift floor vote.”
http://www.recyclingtoday.com/article/acc-responds-house-passage-save-our-seas-act/
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(ACC Mentioned) June Commodity Prices Calm As Only PP, PET Up
Jul 27, 2018 | Plastics News
By Frank Esposito
June was a relatively quiet month for North American commodity resin pricing, with only polypropylene and PET bottle resin seeing any changes.
Regional PP prices surged 8 cents per pound in June after moving up 7 cents in May. That followed a two-month period in March-April when prices slipped a total of 7 cents.
The 8-cent June jump for PP matched similar price hikes for polymer-grade propylene feedstock, meaning PP makers were unable to increase their profit margins for the month, according to David Barry, a market analyst with PetroChem Wire in Houston.
"The monomer price increase was driven by transient supply issues, which were magnified by the fact that ethane, which yields less propylene, is the favored cracker feedstock," Barry said.
"I think we're likely to see some giveback on propylene in the July-August period, but a lot will depend on whether the PDH [propylene] operators can maintain good rates," he added. "There are a number of wild cards in the outlook — trade policy, crude oil prices and hurricanes — but the prevailing sentiment among buyers is that PP prices have limited upside risk from here."
Larger exports of propylene out of North America also have impacted the PP resin market, according to Scott Newell, a market analyst with Resin Technology Inc. in Fort Worth, Texas.
"Propylene exports are moving out the door at a pace of 1.2 billion pounds," Newell said in an email. "Add to that several planned and unplanned outages this year [and] the ability to export propylene is leaving the U.S. without any supply cushion. Any supply disruption leaves the market vulnerable to further volatility."
Regional PP prices now are up a net of 11 cents per pound for the year. Total price volatility for the material — including all increase and decreases — has reached 40 cents per pound.
North American PP sales through May were up almost 2 percent vs. the same period in 2017, according to the American Chemistry Council. A domestic sales increase of just over 2 percent was dampened by a reduction of almost 15 percent for sales into the export market.
PET bottle resin up
Regional PET bottle resin prices also bumped up an average of 3 cents per pound in June after moving up 2 cents in May. PET market analyst Mark Kallman of RTI said that the June increase took hold even though feedstock costs were down slightly.
"Lower crude oil and improved supplies are helping PET feedstocks, but bullish forces … are supporting higher PET prices from the market perspective," he explained.
North American prices for all grades of polyethylene resin were flat in June. Prices for linear low density PE had slipped by 3 cents per pound in May. Prices for high density and low density PE now have been flat for three consecutive months.
U.S./Canadian PE sales were mostly positive through April, as the impact of new production capacity throughout North America began to be seen. Regional sales of HDPE surged up almost 9 percent, with LLDPE sales soaring almost 14 percent. But sales of LDPE have essentially been flat.
For HDPE, domestic sales growth of almost 8 percent was augmented by export growth of 13.5 percent. Domestic HDPE sales growth in that period was boosted by a gain of almost 18 percent for sales into pipe and conduit.
In LLDPE, exports boomed more than 52 percent in the four-month period, boosting domestic sales that grew more than 3 percent. Domestic LLDPE sales into injection molding grew 4.5 percent in the three-month period.
Domestic LDPE sales were flat in early 2018, while export sales dipped almost 2 percent. In spite of flat overall sales, the amount of LDPE sold into extrusion coating outside of paperboard jumped almost 10 percent for the four months.
Regional solid polystyrene prices were flat in June after falling 4 cents per pound in May. North American PS sales slumped 5.5 percent in the first five months of 2018. A domestic sales loss of more than 6 percent was softened by a 24 percent surge in export sales.
Regional suspension PVC prices were flat for the second straight month in June after moving down an average of 2 cents in April. U.S./Canadian PVC sales grew almost 7 percent through May, with export growth of 20 percent adding to an increase of almost 1 percent in domestic sales. Five-month PVC sales into extruded windows and doors were up almost 28 percent.
At the macro-feedstock level, U.S. prices for West Texas Intermediate crude oil surged from $66 per barrel at the start of June to $74 by the end of the month for a gain of 12 percent. U.S. natural gas prices went the other direction, starting June at $2.98 per million British thermal units, but sliding to $2.87 by the end of the month for a decline of almost 4 percent.
http://www.plasticsnews.com/article/20180727/NEWS/180729903/june-commodity-prices-calm-as-only-pp-pet-up#
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EPA Tried to Discredit Retirees After The Washington Post Published Their Criticisms
Jul 27, 2018 | The Washington Post
By Joe Davidson
When you have a liar in the White House, it should be no surprise when mendacity afflicts the agencies.
The current case involves an effort by the Environmental Protection Agency to denigrate retirees who spent decades serving taxpayers.
Documents obtained through a lawsuit filed by Public Employees for Environmental Responsibility demonstrate how the EPA sought to counter unfavorable stories by going after retirees with false information. That effort involved the White House, Republican National Committee and conservative media.
Calling the EPA’s Office of Public Affairs “a nasty fake news factory,” PEER said the agency worked to “discredit employees who sounded the alarm as they left the agency” in 2017. PEER general counsel Paula Dinerstein said the documents obtained through a lawsuit against the EPA “detail distasteful disinformation campaigns directed against distinguished public servants.”
Speaking of disinformation, it flows from President Trump at an amazing and dangerous clip. He made 3,251 false or misleading claims in the first 497 days of his presidency, according to The Washington Post Fact Checker. That’s 6.5 a day — quite an example for his staff.
The retirees are Michael “Mike” Cox, who resigned after 25 years, and Elizabeth “Betsy” Southerland, a retired 30-year member of the federal Senior Executive Service (SES).
First, a little background.
On April 7, 2017, I wrote a column about Cox with the headline “EPA staffer leaves with a bang, blasting agency policies under Trump.”
In a letter to Scott Pruitt, the administrator who recently resigned in a thundercloud of corruption controversies, Cox said “I, along with many EPA staff, are becoming increasing[ly] alarmed about the direction of EPA under your leadership … The policies this Administration is advancing are contrary to what the majority of the American people, who pay our salaries, want EPA to accomplish, which are to ensure the air their children breath is safe; the land they live, play, and hunt on to be free of toxic chemicals; and the water they drink, the lakes they swim in, and the rivers they fish in to be clean.”
Four months later, we published a Federal Insider column about Southerland with the headline “EPA won’t be able to do the ‘right thing’ under Trump, says latest protesting official.” In it, she said that “the administration is seriously weakening EPA’s mission by vigorously pursuing an industry deregulation approach and defunding implementation of environmental programs.”
In October, Jahan Wilcox, a former EPA spokesman, told the Los Angeles Times that “despite the faux outrage, both employees will receive their six-figure taxpayer-funded pension and we wish them the best.”
The outrage is real. The six-figure pensions are not.
“My federal pension under FERS (Federal Employees Retirement System) is about $60,000 before taxes, health care, etc. are deducted …” Southerland said by email. “It works out to about 1/3 of the average of the last 3 years of base salary without any inclusion of awards.”
John Konkus, an EPA spokesman, would not say why the agency peddled bad information, insisting that “We are focused on carrying out the President’s positive environmental agenda.” Wilcox did not respond to a request for comment.
Bill Valdez, president of the Senior Executives Association, did.
“EPA’s gross miscalculation of the retirement benefits of Dr. Southerland makes one wonder if this is yet another attack on career SES and an attempt to influence public perceptions about federal workers as being overpaid and pampered. Calculating retirement benefits is a straightforward, easily understood formula that all agency human resource offices can do accurately within minutes.”
After the Times article appeared, Cox sent an email to Wilcox that said six figures is correct only “if you count the numbers after the decimal point.” Cox said his gross yearly federal retirement benefit is $48,991.68. His net, minus his cost for health insurance and federal income tax, is $39,163.20.
Federal Insider reporting on Southerland pushed the EPA’s smearing effort into action.
A Wilcox email on July 31, the day before the Southerland column posted, informed the White House about “my pitch,” apparently to sympathetic outlets. The email said “the same Washington Post reporter who wrote about Mike Cox is writing about this. My guess is that once WaPo writes about Elizabeth Southland, the story will get legs so we wanted to get in front of it all instead of having another controversy like the Mike Cox stuff.”
His pitch misleadingly said that “last year Elizabeth Southerland made $249,000. For comparison, a Senator or Congressman’s salary is $174,000 and the average American makes $44,000 according the Census Bureau.” The $249,000 is misleading because it included a one-time monetary prize that comes with the Distinguished Presidential Rank Award, an honor bestowed on less than 1 percent of federal senior executives. The prize is 30 percent of the recipient’s salary.
“Curious if you would be interested in writing about this,” the Wilcox email said, “because the left and environmentalists will make a big deal out of nothing.”
That same day, the documents indicate the Republican National Committee “war room” circulated an article on the conservative “Hot Air” blog that reflected points in the Wilcox pitch. The author, identified as Jazz Shaw, wrote that he’s waiting to see if Southerland “turns down all those sweet taxpayer funded retirement benefits.”
Dinerstein thinks “Wilcox was trying to discredit Betsy so no one would listen to her criticisms of EPA under Trump/Pruitt.”
But it is the Trump administration that has discredited itself by the president’s proclivity for prevarication.
Wilcox’s best wishes to the retirees did not impress Cox.
“This seems so disingenuous and insincere …” his email to Wilcox said, “when you just called us liars and greedy.”
https://www.washingtonpost.com/news/powerpost/wp/2018/07/27/epa-tried-to-discredit-retirees-after-the-post-published-their-criticisms/?utm_term=.2a3527a662b8
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Ewire: EPA Emails Show Plan to Discredit Retired Staff Critical of Trump
Jul 27, 2018 | Inside EPA
Newly released EPA emails detail the efforts by the agency under former Administrator Scott Pruitt to “get in front of” retired career officials' attacks on Pruitt, his policies and the Trump administration generally, providing a new windows into those battles and potentially bolstering the retired officials' claims of privacy violations.
The whistleblower group Public Employees for Environmental Responsibility (PEER) released a set of emails on July 26 that it obtained through Freedom of Information Act (FOIA) requests and litigation, detailing former EPA press officer Jahan Wilcox's “pitch” to reporters that two Pruitt critics had retired to take advantage of a “six-figure taxpayer-funded pension” rather than out of opposition to policy changes.
Wilcox was targeting Betsy Southerland, a retired top career scientist in EPA's water and Superfund offices, and Michael Cox, a former Region 10 Superfund official, both of whom left the agency in 2017 and became public opponents of Pruitt's policies on science, climate change and other topics almost immediately.
The PEER release includes a July 31 email from Wilcox -- who is among the Pruitt allies who left the agency after the former administrator resigned -- warning that “the left and environmentalists will make a big deal out of nothing” based on what he describes as baseless claims from Southerland.
Southerland signaled in April that she may sue the agency's press office for allegedly violating her privacy by disclosing her private employment information, including pension details -- though she and Cox have maintained that the “six-figure” description is a lie.
The newly released emails come from a FOIA request that PEER filed on Southerland's behalf to support such an effort, which could also sweep in Pruitt's novel contract with Definers Corp., a Virginia-based public relations firm founded by a top official in Mitt Romney's failed presidential campaign, for “war room” style media monitoring, analysis and advice -- widely seen as a way to more effectively attack former employees and other critics.
https://insideepa.com/daily-feed/ewire-epa-emails-show-plan-discredit-retired-staff-critical-trump
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EPA Ethics Official Defends Wheeler Over Meetings
Jul 27, 2018 | The Hill - E2 Wire
By Timothy Cama
A top Environmental Protection Agency (EPA) ethics official is defending Acting Administrator Andrew Wheeler over a series of meetings he held with former clients.
Justina Fugh, the No. 2 ethics official for the EPA, said the meetings described in an E&E News story Thursday as well within the bounds of the ethical standards Wheeler is subject to as a senior Trump administration official.
“All four of these meetings so squarely meet the bounds of his articulated recusal statement,” Fugh told The Hill Friday.
E&E reported that between Wheeler’s April arrival at the EPA as deputy administrator and his ascension to acting head earlier this month after former chief Scott Pruitt’s resignation over ethics and spending scandals, Wheeler held meetings with three former lobbying clients and gave a speech at an event led by an executive at another company he used to represent.
Fugh said Darling Ingredients, Archer Daniels Midland Co. and the South Coast Air Quality Management District don’t count as “former clients” under President Trump’s ethics pledge for political appointees and nominees because he didn’t work for them within two years before his arrival at the EPA.
“A former client is defined as anybody for whom the appointee provided services — legal service, consulting services, whatever — within the prior two years,” Fugh said.
As for those three companies, “they’re outside the zone of former clients. And so far as we’re concerned, for the purposes of the Trump ethics pledge, they’re not a former client,” she continued, adding that other ethical standards Wheeler is held to also do not prohibit his participation.
None of the three companies were written into Wheeler’s recusal statement because they didn’t meet the Trump ethics pledge definition.
Nonetheless, Wheeler told Bloomberg News that he’d steer clear of clients he’s lobbied for before.
“If I lobbied on something, I don’t think it’s appropriate for me to participate,” he said in June.
Wheeler also gave a speech to Business Roundtable's Energy & Environment Committee, which is led by International Paper Co. CEO Mark Sutton.
International Paper is a former client of Wheeler’s within the two-year period. But Fugh said ethics standards carve out an exception for events where a “diversity of interests” is represented, which has been defined as at least five people representing different entities.
“It doesn’t trigger the pledge at all, because he’s permitted to have conversations with a diversity of interests and at least five parties, even when one of his former clients is present,” she said.
Wheeler has been under public scrutiny over ethics since taking the agency’s helm after months and months of ethics and spending scandals by Pruitt.
http://thehill.com/policy/energy-environment/399177-epa-ethics-official-defends-wheeler-over-meetings
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The Latest: 3,000 Cases of Water Given Away After PFAS Found
Jul 27, 2018 | AP (In The Washington Post)
The Latest on industrial chemicals found in the water supply of two southwestern Michigan communities (all times local):
12:30 p.m.
More than 3,000 cases of bottled water have been handed out in a small southwestern Michigan city after contaminants were found in its municipal water supply.
Kalamazoo County Sheriff Richard Fuller told reporters that crews began passing out water at 6:30 a.m. Friday in Parchment, hours after residents were warned not to drink or cook with water from the faucet.
The water system serves about 3,000 people. Fuller says there is enough bottled water “right now” for anyone who needs it.
State and Kalamazoo County health officials said Thursday that tests found perfluoroalkyl and polyfluoroalkyl substances, known as PFAS, in the water supplied to Parchment and neighboring Cooper Township, about 125 miles (200 kilometers) west of Detroit.
Some studies suggest PFAS might affect fetal development, disrupt hormonal functions, damage fertility and immune systems, and boost the risk of cancer.
___
7:30 a.m.
The residents of two southwestern Michigan communities have been told to stop using their water for drinking or cooking after the discovery of high amounts of industrial chemicals.
Michigan and Kalamazoo County health officials announced Thursday that the water supply of the city of Parchment and Cooper Township is contaminated with perfluoroalkyl and polyfluoroalkyl substances, known as PFAS. The chemicals have been used in manufacturing, firefighting and thousands of household and consumer products.
The contamination’s source is under investigation.
Authorities say boiling water or using common residential filters won’t remove PFAS. People can bathe and wash clothes, however.
Gov. Rick Snyder late Thursday directed state officials to assist residents. Bottled water will be provided to the residents on Friday. Officials say there are about 3,000 people on the water system.
https://www.washingtonpost.com/national/energy-environment/the-latest-3000-cases-of-water-given-away-after-pfas-found/2018/07/27/7d8e3b5e-91bb-11e8-ae59-01880eac5f1d_story.html?utm_term=.d4be2ab5e2d9
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2 Michigan Communities Told to Stop Using Contaminated Water
Jul 27, 2018 | AP (In The Washington Post)
Authorities handed out free bottled water Friday for two southwestern Michigan communities where the discovery of contamination from toxic industrial chemicals prompted a warning against using the public water system for drinking or cooking.
Michigan and Kalamazoo County health officials announced Thursday that tests found perfluoroalkyl and polyfluoroalkyl substances, known as PFAS, in the water supplied to the city of Parchment and neighboring Cooper Township, about 125 miles (200 kilometers) west of Detroit. About 3,000 people are on the affected water system.
“As soon as the tests results were reported, the state and local agencies tasked with protecting public health and our environment began coordinating a response,” Gov. Rick Snyder said in a statement.
PFAS have been detected in water systems in some 30 states. They are used in manufacturing, firefighting and thousands of household and consumer products. Many communities have reported high levels of the chemicals in water systems near military bases and factories that worked with the compounds. The U.S. Environmental Protection Agency is hosting public meetings in communities where the chemicals have contaminated water systems.
The source of the Michigan contamination is under investigation. The Parchment area has a history of paper manufacturing.
Some studies suggest PFAS might affect fetal development, disrupt hormonal functions, damage fertility and immune systems, and boost the risk of cancer.
A June report by the Department of Health and Human Services’ toxicology office said the PFAS family of chemicals is more toxic than previously believed, threatening human health at concentrations seven to 10 times lower than once realized. As a draft of the report circulated among Trump administration officials earlier this year, a White House email released under a public records request described the findings as a “potential public relations nightmare.”
In Michigan, the Legislature enacted $23 million in emergency spending to address PFAS contamination as efforts continued to help the city of Flint recover from its crisis with lead-tainted water.
The tests for PFAS were part of an effort announced in May to check for contamination in Michigan’s 1,380 public water systems.
In Parchment, officials set up a free bottled-water distribution site at a high school and were draining the city’s water system. It will be connected to the water supply in nearby Kalamazoo, which will flush Parchment’s water system until tests show the PFAS at acceptable levels. After that, officials will determine when affected residents can use the main water supply again.
Officials also are advising people not to use water for making baby formula or rinsing fruits and vegetables. Boiling water or using common residential filters won’t remove PFAS, authorities said. People can bathe and wash clothes, however.
Snyder late Thursday directed the state departments of Environmental Quality, Health and Human Services, and the State Police to assist residents of Parchment and Cooper Township.
“Our first priority is the health of residents in the Parchment and Cooper Township area and to ensure they have access to safe drinking water,” Snyder said.
https://www.washingtonpost.com/national/energy-environment/2-michigan-communities-told-to-stop-using-contaminated-water/2018/07/27/9039aa6c-91b7-11e8-ae59-01880eac5f1d_story.html?utm_term=.e6e00bdc008d
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Agency Won't Replace Climate Rule Until 2019
Jul 27, 2018 | E&E Climatewire
By Niina Heikkinen
EPA will not complete a replacement for the Clean Power Plan until at least early next year, new court filings show.
The agency told the U.S. Court of Appeals for the District of Columbia Circuit it was "hoping" to take its next step toward replacing the rule in August, before proceeding with additional steps in the rulemaking. EPA is waiting for the White House to weigh in on its draft proposal, the agency said.
"The Clean Power Plan replacement rulemaking is a high priority for the Agency, and EPA is committed to completing it as expeditiously as practicable," EPA wrote in a status report submitted to the court yesterday afternoon.
The latest timeline comes as EPA's acting administrator, Andrew Wheeler, has committed to continuing the regulatory priorities set out by the Trump administration. The agency is facing heightened pressure from the D.C. Circuit to show progress in rewriting the regulation.
The communication with the court is part of the periodic updates required by D.C. Circuit judges.
EPA sent a draft notice of proposed rulemaking to the White House Office of Management and Budget on July 9. The agency noted that the review process can take up to 90 days, and it asked for an expedited review. After the White House reviews the draft, EPA plans to publish the notice of proposed rulemaking in the Federal Register by "late summer, or early fall." EPA estimated it would not be able to "take final action" on the notice until the beginning of next year.
The latest court update comes after two judges informed the agency in June they would not vote to extend the abeyance on the case. A third judge also noted concerns about indefinitely delaying litigation (Greenwire, June 26).
Yesterday, EPA asked the court to again keep the case in abeyance as it continued to make progress on developing a replacement for the rule.
https://www.eenews.net/climatewire/2018/07/27/stories/1060091317
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Congress Looking to Ease FERC Backlog, Raising Staff Salaries
Jul 27, 2018 | Houston Chronicle
By James Osborne
A backlog in permitting new LNG terminals at the Federal Energy Regulatory Commission has drawn the attention of two Texas Congressmen.
Rep. Pete Olson, R-Sugar Land, and Rep. Gene Green, D-Houston, have introduced legislation that would raise staff salaries at the commission to try and attract more of the engineers needed to review the permit applications.
"Our energy can't be properly utilized sitting in storage instead of being shipped to markets that need it. We must address this fundamental backlog in a smart way," Olson said in a statement.
RELATED STORY: Perry says EU deal sets stage for more U.S. LNG exportsRecommended Video:
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Now Playing: Liquefied Natural Gas Produced in Siberia Arrives in Boston
A tanker carrying Russian liquefied natural gas, or LNG, finally landed in Boston on Sunday, despite US-imposed sanctions against the company operating the Russian facility. The French LNG tanker Gaselys landed after sitting outside Boston Harbour for several days. This shipment of Russian LNG to the US is unprecedented and is considered to be the first Russian LNG imported into the United States.Media: Ruptly TV
The move follows a report by Bloomberg last week that FERC was experiencing 12 to 18 months delays in permit applications and was looking to hire outside contractors to help review a dozen projects waiting approval.
Right now the United States has two operational LNG export terminals, on the Louisiana Gulf Coast and the Chesapeake Bay, with four more slated to open before 2020.
Green said FERC's recruiting efforts were struggling "due to the severe limits of the government pay scale when compared to the private sector."
"FERC has a vital job for both ensuring environmental safety and advancing America's energy dominance as we continue to see new expansion from the shale boom," he said.
https://www.chron.com/business/energy/article/Congress-looking-to-ease-FERC-backlog-raising-13110285.php
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Three E&Ps Ordered to Plug 1,000-Plus Abandoned Wells in Pennsylvania
Jul 27, 2018 | Natural Gas Intelligence
By Jamison Cocklin
The Pennsylvania Department of Environmental Protection (DEP) has ordered CNX Resources Corp., XTO Energy Inc. and Alliance Petroleum Corp. to plug more than 1,000 abandoned wells across the state.
The agency issued separate administrative orders to the exploration and production (E&P) companies earlier this month and said that each has failed to follow state law by not plugging the wells.
“It is critical that all operators adhere to state laws to mitigate the environmental and public health and safety hazards and not add to the costly orphaned and abandoned well inventory that would otherwise fall on the shoulders of Pennsylvania citizens,” said DEP Secretary Patrick McDonnell.
Citing the Pennsylvania Oil and Gas Act, the agency issued orders for Alliance, a subsidiary of Diversified Gas and Oil plc, to plug 638 abandoned wells; CNX to plug 327 of them and XTO to plug another 93.
The law states that a well is abandoned if it hasn’t been used to “produce, extract or inject any gas, petroleum or other liquid within the preceding 12 months.” The wells in question, DEP said, did not produce oil or gas during the 2017 calendar year. The law also requires owners and operators to plug wells upon abandonment and companies must provide schedules that prioritize those operations. The agency said the companies have not submitted such a schedule.
The DEP estimates that hundreds of thousands of oil and gas wells have been drilled in the state since 1859. Much of that activity predates the agency and applicable regulations. Currently, DEP estimates that up to 560,000 wells are abandoned across the state.
DEP has repeatedly sounded off on the issue. While E&Ps across the state share in the responsibilities, Diversified has recently been on a buying binge throughout the Appalachian Basin, amassing more than six million acres of mostly legacy properties. CNX predecessor Consol Energy Inc. has operated in the region for more than 150 years and ExxonMobil Corp.’s onshore subsidiary XTO has taken on a sizable position by acquiring legacy companies.
“Making sure that abandoned wells are plugged is and has been a priority for DEP,” said agency spokesman Neil Shader of the orders. DEP often works with operators to schedule plugging, but it wanted to ensure the work is done, because “the situation that DEP wants to avoid is that current operators will walk away from their obligation and add to the existing inventory of orphan and abandoned wells.”
CNX spokesman Brian Aiello said the company is currently evaluating the order. CNX only recently separated from the coal business and in 1Q2018 completed that step by divestingthe last of its shallow oil and gas assets. Aiello said it appears that at least 190 of its wells in question were included in the recent sale of those assets, “meaning the buyer is ultimately responsible for those wells.” As for the rest, “we have always worked cooperatively with the DEP to meet our well plugging obligations and we expect to continue to do so going forward.”
Indeed, at the time of that sale, CNX said the buyer assumed $200 million in liabilities that were primarily related to asset retirement obligations. While unrelated to the DEP’s order, Diversified also recently purchased EQT Corp.’s Huron formation assets in Kentucky, Virginia and southern West Virginia, taking on what EQT said are $200 million of plugging and other liabilities associated with the assets in an indication of the responsibilities that come with such properties.
XTO spokesman Jeremy Eikenberry echoed CNX, noting that the 93 wells covered by the order were actually sold in a broader sale of 5,200 shallow conventional wells to Alliance last year. “We will work with the Pennsylvania DEP, along with Alliance Petroleum Corp. and their successor, to develop an appropriate response.”
DEP’s orders include deadlines by which each company must plug the wells. The order also directs each company to provide copies of well inspection records, document the plugging work and remediate each well site according to state regulations.
An amendment to the 2012 Pennsylvania Fiscal Code set bonding amounts for conventional oil and gas wells at $2,500 per well or a blanket bond of $25,000 for all wells owned by an operator. Costs can vary greatly depending on the well conditions, but generally run between $10,000 and $100,000 per well.
http://www.naturalgasintel.com/articles/115211-three-eps-ordered-to-plug-1000-plus-abandoned-wells-in-pennsylvania
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Federal Appeals Court Dismisses Another Challenge to MVP
Jul 27, 2018 | Natural Gas Intelligence
By Jamison Cocklin
A federal appeals court this week affirmed a lower court’s ruling in Virginia to dismiss yet another challenge brought by a group of landowners and a trust against the Mountain Valley Pipeline (MVP).
The landowners challenged FERC’s policy of allowing pipeline companies to use eminent domain after a certificate has been issued and tried unsuccessfully to challenge the Commission’s review process by arguing that provisions of the Natural Gas Act (NGA) are unconstitutional.
The U.S. District Court for the Western District of Virginia had dismissed the complaint on two grounds, primarily that the court lacked jurisdiction to hear the case because a challenge to the Federal Energy Regulatory Commission’s order authorizing the project is subject first to agency review. The lower court also alternatively said that Congress “implicitly divested the district court of jurisdiction.”
“Congress intended to divest district courts of jurisdiction to hear the claims pursued by plaintiffs and instead intended those claims to be brought under the statutory review scheme established by the Natural Gas Act,” The U.S. Court of Appeals for the Fourth Circuit said in affirming the lower court’s decision to dismiss the case.
The landowners had also argued that the NGA requires FERC to review petitions for rehearing within 30 days, and that by tolling challenges, the Commission unfairly delays judicial review while simultaneously allowing pipeline projects to proceed. That argument has been deployed frequently as infrastructure opponents try to stymie projects.
While the court acknowledged that the practice might “deny a plaintiff meaningful judicial review,” it said the NGA does not require a final decision from the Commission within 30 days. The appeals court said the law “requires FERC to take some kind of action within 30 days for the petition not to be deemed denied by operation of law. FERC does so by issuing the tolling order.”
Attorneys for the plaintiffs said they were reviewing the appeals court’s opinion and deciding how to move forward.
The 300-mile MVP would move 2 Bcf/d from West Virginia to Virginia and connect with the Transcontinental Gas Pipe Line to move more Appalachian natural gas to Southeast markets. FERC issued a certificate for the project in October, and it has faced staunch opposition since.
EQT Corp. said on Thursday service on the pipeline would be delayed by three months, as the project’s sponsors work through a separate legal challenge from the Sierra Club and other opponents.
MVP is a joint venture of EQT Midstream Partners LP (EQM), NextEra US Gas Assets LLC, Con Edison Transmission Inc., WGL Midstream and RGC Midstream LLC. It had been scheduled to enter service during the fourth quarter. But a federal appeals court’s decisionlast month to stay a crucial water crossing permit issued by the U.S. Army Corps of Engineers has prevented some work from progressing on the 300-mile pipeline.
The project is now targeting a 1Q2019 in-service date. The Army Corps recently filed a motion to lift the stay of the Nationwide Permit 12, which allows contractors to trench through the bottom of streams and rivers, arguing that it’s addressed the issues involved. EQM said Thursday it expects briefing to conclude this month, allowing the court to review and rule on the motion.
http://www.naturalgasintel.com/articles/115209-federal-appeals-court-dismisses-another-challenge-to-mvp
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EPA Tells Federal Regulators to Ignore Its Offer of Climate Assistance on Pipeline Reviews
Jul 27, 2018 | ThinkProgress
By Mark Hand
An Environmental Protection Agency (EPA) political appointee walked back comments made by one of her colleagues — a senior career agency employee — on how the EPA could help federal energy regulators analyze the climate impact of proposed natural gas pipelines.
The political appointee, EPA Associate Administrator of Policy Brittany Bolen, said in a letter to the Federal Energy Regulation Commission (FERC), dated July 25, that she wanted to “clarify” comments submitted by another top EPA staffer as part of the commission’s inquiry into whether it should change its policy on how it reviews pipeline applications.
In the letter, first reported by E&E News, Bolen emphasized that the EPA’s previous comments submitted by the career staffer only sought to address questions raised by FERC in its inquiry into how it reviews pipeline applications. Those comments on possible methods of greenhouse gas analysis “did not speak to the question of whether and when FERC should engage in such analysis” and did not identify “any deficiency in FERC’s policies or specific past analyses,” Bolen wrote.
Natural gas industry officials have held up FERC as a model regulatory agency because of its long history of approving almost every natural gas pipeline application it receives. The commission has resisted calls from environmental advocates to measure the level of greenhouse gas emissions expected to be caused by a proposed pipeline when deciding whether or not to grant a permit to a project.Advertisement
On Thursday, the Sierra Club expressed concern with the EPA’s decision to engage in a “rolling back” of previous suggestions from its own experts on how FERC could evaluate the environmental impact of natural gas pipelines.
Federal regulators vote to limit practice of measuring climate impact of pipelines
“Bolen’s declaration is another example of Trump administration political appointees ignoring widely accepted science-based tools to better evaluate environmental and climate impacts of proposed projects,” the Sierra Club said in a statement.
“FERC should be using every tool at its disposal to protect our air, water, climate, and communities from the effects of fracked gas pipelines, but the EPA’s political appointees show it’s still business as usual to put polluters’ profits over people’s health,” the group added.
Bolen joined the EPA in 2017 and became the head of policy for the agency earlier this month, succeeding Samantha Dravis, who left the agency in the spring under a cloud of controversy. Bolen previously served as Republican counsel to climate denier Sen. James Inhofe (R-OK) on the Senate Environment and Public Works Committee.Advertisement
In the earlier letter to FERC, Robert Tomiak, a member of the EPA’s career staff and director of EPA’s Office of Federal Activities, recommended “a number of available tools that can be used.”
House GOP wants faster ‘rubber-stamping’ of fossil fuel pipeline projects
Methods are available, for example, to quantify the greenhouse gas emissions associated with a natural gas pipeline project, including emissions caused by natural gas drilling and emissions caused by the burning of natural gas, Tomiak wrote. To calculate the upstream and downstream greenhouse gas emissions associated with a proposed pipeline, he recommended that FERC consider using tools such as the EPA’s greenhouse gas inventory and greenhouse gas reporting programs.
Tomiak also explained that estimates of the social cost of carbon and other greenhouse gases allow analysts to incorporate the societal value of changes in carbon dioxide and other greenhouse gas emissions to a cost-benefit analysis of actions, such as pipeline construction, on global greenhouse gas emissions. The social cost of carbon measures carbon emissions’ long-term harm.
Over the past year, FERC Commissioner Cheryl LaFleur, a Democratic appointee to the commission, has undergone a change of heart on the role that climate impacts should play when reviewing pipeline applications. LaFleur previously could always be counted on to approve every pipeline application that came before the commission.
But in June, LaFleur announced she will consider the broader climate impacts of new natural gas infrastructure when voting on new projects. Richard Glick, the other Democratic appointee at FERC, has emphasized the agency’s failure to address broad climate impacts in each major pipeline decision since his appointment in late 2017, Utility Dive reported last month.Advertisement
On Thursday, six Democratic senators — Sheldon Whitehouse (RI), Jeff Merkley (OR), Ben Cardin (MD), Chris Van Hollen (MD), Ed Markey (MA), and Brian Schatz (HI) — sent a letter to FERC calling for it to incorporate the social cost of carbon in its evaluation of natural gas pipeline projects. The social cost of carbon “is commonly used to evaluate the economic costs of greenhouse gas pollution, but FERC continues to reject it, effectively taking the position that carbon pollution has no cost on society,” the senators wrote in their letter.
A group of state attorneys general also urged FERC to do a better job of considering the impact of natural gas pipeline projects on the environment and climate. In comments filed on Wednesday with FERC, seven attorneys general raised concerns that FERC’s process is giving a green light to pipelines that are not needed and may be environmentally damaging.
Appalachian pipeline emissions would be equal to 42 coal-fired power plants
“The AGs are demanding that FERC not approve new gas pipeline requests without probing ‘affiliate’ corporate relationships between regulated utilities and gas pipeline proponents, evaluating regional energy needs, and undertaking comprehensive environmental analyses that include evaluations of potential climate impacts,” David Hayes, executive director of the State Energy and Environmental Impact Center, said Thursday in a statement. The center, based at the New York University School of Law, supports state attorneys general in defending and promoting climate and environmental laws.
In its own comments on FERC’s pipeline permitting policy, the Sierra Club said the commission’s current approach discounts environmental impacts and doesn’t consider the effects of greenhouse gases produced by using natural gas for fuel, “even though they have the tools to measure these effects and a recent court order required them to do so.”
https://thinkprogress.org/epa-takes-back-offer-to-help-ferc-on-climate-change-e26819b03475/
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Senate Dems Press FERC on Social Cost of Carbon
Jul 27, 2018 | E&E Greenwire
By Geof Koss
Senate Democrats are backing calls for the Federal Energy Regulatory Commission to use the social cost of carbon metric in evaluating natural gas pipelines.
In formal comments to FERC released today, six Democrats highlighted federal data showing the rise in atmospheric carbon dioxide and record temperature increases since the pipeline policy was set in 1999.
"We are seeing changes all across the planet from sea-level rise, to increased frequency of extreme weather events, to glacier loss, to poleward migration of diseases and species," wrotethe group, led by Sen. Sheldon Whitehouse (D-R.I.).
"These changes, driven by increased carbon dioxide emissions, have significant economic costs. We will be judged by future generations on our ability to mitigate and adapt to these damages."
FERC's decision to not use the Obama-administration metric in cost-benefit analyses is "wrong-headed," they added. "As FERC evaluates projects that contribute to greenhouse gas pollution, it must have a comprehensive and defensible estimate of the total costs of greenhouse gas pollution," states the comment.
It was also signed by Sens. Jeff Merkley (D-Ore.), Ben Cardin (D-Md.), Chris Van Hollen (D-Md.), Ed Markey (D-Mass.) and Brian Schatz (D-Hawaii).
The senators' views add to calls by environmentalists and other interest groups that are pressing FERC to take more account of climate impacts as they consider the merits of new energy facilities (Energywire, July 27).
Use of the SCC was noted in climate recommendations submitted to FERC by EPA career staff in June, prompting agency political staff this week to submit clarifying comments emphasizing that FERC is not required to use the cost estimates under federal law (Greenwire, July 26).
The metric — a longtime target of GOP critics — would be barred under a provision added to the fiscal 2019 Interior-Environment appropriations bill that passed the House last week. The Senate's version, currently on the floor, does not carry the same language (Greenwire, July 19).
https://www.eenews.net/greenwire/2018/07/27/stories/1060091415
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Appeals Court Sides with Environmentalists in Pipeline Case
Jul 27, 2018 | AP (In The Washington Post)
An appeals court has sided with environmental groups who challenged the decision by federal agencies to allow construction of a 300-mile natural gas pipeline that would cut through national forests.
The unanimous ruling Friday by a three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond cancels permits issued by the Bureau of Land Management and the U.S. Forest Service allowing the Mountain Valley Pipeline to cut through federal land.
The judges accused the agencies of ignoring environmental regulations and acquiescing to justifications offered by the pipeline company on the project’s environmental impact.
Construction of the pipeline, which would run through Virginia and West Virginia, prompted protests earlier this year including people who climbing into trees on the pipeline’s path and chaining themselves to construction equipment.
https://www.washingtonpost.com/national/energy-environment/appeals-court-sides-with-environmentalists-in-pipeline-case/2018/07/27/37cf9344-91b9-11e8-ae59-01880eac5f1d_story.html?utm_term=.fd1ce107df5b
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State Department to Issue Keystone XL Environmental Review
Jul 27, 2018 | PolticoPro - Whiteboard
By Ben Lefebvre
The State Department will release a draft environmental assessment of the route the Keystone XL pipeline is proposed to take through Nebraska, according to a document to be published Monday in the Federal Register.
The assessment will review the route that Nebraska regulators ruled the pipeline would need to take through the state, one that differed from the original route pipeline developer TransCanada had proposed.
TransCanada has not yet made a final decision whether to build the pipeline. The company said in Januaryit had signed enough contracts with prospective customers to make the pipeline profitable.
The Keystone XL route in Nebraska is also the focus of a legal battle in the state, with residents and environmental groups arguing the route regulators approved is invalid because the company never formally asked for it.
WHAT'S NEXT: The public will be able to comment on the assessment for 30 days after the notice is published in the federal register.
https://subscriber.politicopro.com/energy/whiteboard
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U.S. Reaches $3.1M Settlement with Dupont Over 2014 Accident
Jul 27, 2018 | Reuters (In E&E Greenwire)
By Timothy Ahmann
EPA and the Justice Department have entered a $3.1 million settlement with E. I. du Pont de Nemours and Co. over a 2014 chemical accident at the company's former La Porte, Texas, plant that killed four employees, EPA said yesterday.
According to EPA, the agencies cited 22 violation of the Clean Air Act's Risk Management Program in a complaint against Dupont, which merged with Dow Chemical Co. last year to form DowDupont Inc.
https://www.eenews.net/greenwire/2018/07/27/stories/1060091403
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