Preview Newsletter
AM ACC Clips Report - July 31, 2018
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(ACC Mentioned) Coons, Collins Introduce Bipartisan Bill to Promote Innovation in Sustainable Chemistry
Jul 30, 2018 | Dover Post
Sens. Chris Coons, D-Delaware, and Susan Collins, R-Maine, reintroduced the Sustainable Chemistry Research and Development Act of 2018 on July 30. -
(ACC Mentioned) Global Industry Initiative Draws up Roadmap on UN's SDGs
Jul 31, 2018 | Chemical Watch
By Nick Hazlewood
A recently released chemical industry roadmap has called on other "industry peers" and public and private stakeholders to work together on engaging with the UN's sustainable development goals. -
(ACC Mentioned) UK Plastic Bag Law Reveals Ideal Solution to the Plastic Straw Debate
Jul 31, 2018 | Inverse
By Matthew Phelan
Plastic straw bans! They’re quickly becoming the summer’s must-have statute! -
Wheeler Writes His 'Fishbowl' Memo
Jul 30, 2018 | E&E News PM
By Kevin Bogardus
Acting EPA Administrator Andrew Wheeler issued his "fishbowl" memo today arguing for transparency in how the agency does business. -
EPA Chief Looks to Distinguish Himself from Pruitt in Agency-Wide Memo
Jul 30, 2018 | The Hill - E2 Wire
By Miranda Green
The new head of the Environmental Protection Agency (EPA) on Monday sent a staff-wide memo laying out steps the agency is taking to increase transparency, a move that's seen as an effort to differentiate himself from his predecessor. -
Wheeler's Transparency Order Echoes Obama EPA Chief Jackson's Memo
Jul 30, 2018 | Inside EPA
By David LaRoss
Acting EPA Administrator Andrew Wheeler has issued his “fishbowl memo” principles for transparency in the agency's contact with the public, including rulemakings, litigation, responses to oversight requests and document releases, including several principles that echo a similar memo from Obama EPA Administrator Lisa Jackson. -
No Decision Yet on Kavanaugh — Manchin
Jul 31, 2018 | E&E Daily
By Amanda Reilly
Sen. Joe Manchin (D-W.Va.) is not ready to commit to Brett Kavanaugh. -
Watchdog Report Prompts Improved Access to TSCA Chemical Data
Jul 31, 2018 | Chemical Watch
By Kelly Franklin
The US EPA has taken steps to improve public access to information submitted under the TSCA Chemical Data Reporting (CDR) rule, according to a programme audit report from the agency's Office of Inspector General (OIG) . -
Drinking Water Utilities Warn EPA Of Gaps As It Weighs PFAS Standards
Jul 30, 2018 | Inside EPA
By Suzanne Yohannan
Drinking water utilities are warning EPA not to leap ahead with regulatory actions on perfluorinated chemicals before significant gaps are addressed in detecting and treating the chemicals, determining their health effects and ensuring the country has enough laboratory capacity to handle a higher demand for chemical testing. -
State of Emergency Speeds Up Response to Michigan Water Crisis
Jul 30, 2018 | BNA Daily Environment Report
By Sam McQuillan
Michigan is securing more drinking water for residents of Kalamazoo County after issuing a state of emergency to address the high levels of dangerous fluorinated chemicals in the water in the city of Parchment and nearby Cooper Township. -
Texas Upstream Industry Producing More Oil, Natural Gas with Fewer People, Rigs
Jul 30, 2018 | Natural Gas Intelligence
By Carolyn Davis
The Texas upstream oil and gas economy continued to expand through the first half of 2018, with the Texas Petro Index (TPI) increasing in June for the 19th straight month to 203.4 from 200.7 in May and up 19.4% from the year-ago score of 170.3. -
Environmentalists Seek High Court Order For CPP Critics To Justify Stay
Jul 30, 2018 | Inside EPA
By Dawn Reeves
Environmentalists are asking Supreme Court Chief Justice John Roberts to require opponents of the Obama EPA's Clean Power Plan (CPP) utility greenhouse gas rule to explain why the court's almost two-and-a-half year stay of the rule should remain in effect, noting that the legal challenges to the rule that prompted the stay have halted. -
Regulator Exploring Changes to Gas Pipeline Safety Requirements
Jul 30, 2018 | BNA Daily Environment Report
By Sylvia Carignan
The Pipeline and Hazardous Materials Safety Administration wants to know whether it should require different safety measures for natural gas pipelines near new areas of population growth. -
Houston's Hilcorp Paying over $1B for San Juan Assets from Williams
Jul 30, 2018 | Houston Chronicle
By Jordan Blum
An affiliate of Houston's Hilcorp Energy will pay more than $1.1 billion to acquire the San Juan Basin gas pipeline and processing facilities in New Mexico and Colorado from Oklahoma-based Williams Partners. -
What Happened When Fracking Came to Town
Jul 31, 2018 | The New York Times
By JoAnn Wypijewski
At Page 51 of “Amity and Prosperity,” Eliza Griswold’s saga of fracking’s impact on the town of Amity in southwest Pennsylvania, I made a note in the margin: “Why People Hate Government.” -
Patterson Fined $74K for Fire That Killed 5
Jul 31, 2018 | E&E Energywire
By Mike Soraghan
Federal worker safety officials announced yesterday they're seeking $74,000 in fines from Patterson-UTI Energy Inc. in connection with a January explosion and rig fire in Oklahoma that killed five men. -
Russian Hacking Attempts Alarm Election and Energy Watchers
Jul 31, 2018 | E&E Energywire
By Blake Sobczak and Peter Behr
A cyberwar campaign by Russia-linked hackers to break into U.S. energy, manufacturing and aviation firms, while causing no reported damage, highlights U.S. officials' fears of disruption ahead of the November midterm elections. -
Schumer Calls on Metro-North to Implement Positive Train Control
Jul 31, 2018 | News 12 Westchester
Metro-North has still not taken any action to implement potentially lifesaving technology on its trains, U.S. Sen. Charles Schumer said Monday in New Rochelle. -
(ACC Mentioned) Guest Comment: Iowa Senators Should Approve Kigali Amendment
Jul 31, 2018 | Quad City Times
By Jeanita McNulty
In recent months, there has been quite a bit of debate around global trade and how our current agreements have impacted families and communities across the country. -
U.S. Supreme Court Won’t Halt Teenagers’ Climate-Change Lawsuit
Jul 30, 2018 | BNA Daily Environment Report
By Greg Stohr
The U.S. Supreme Court refused to halt a novel and sweeping lawsuit pressed by children and teenagers seeking to force the federal government to take steps against climate change. -
In Blow to Trump, Justices Won't Halt Kids' Climate Case
Jul 30, 2018 | E&E News PM
By Amanda Reilly
The Supreme Court denied the Trump administration's long-shot bid today to halt a high-profile lawsuit brought by youth plaintiffs over the government's role in causing climate change. -
Supreme Court Denies Trump Admin Request to Halt Youth Climate Lawsuit
Jul 30, 2018 | The Hill - E2 Wire
By Timothy Cama
The Supreme Court on Monday denied the Trump administration’s plea to halt proceedings in a landmark lawsuit by young people seeking stronger federal action on climate change. -
$2.4 Billion Climate Adaptation Bill Poised to Pass in Massachusetts
Jul 30, 2018 | BNA Daily Environment Report
By Adrianne Appel
Massachusetts is on its way to borrowing $2.4 billion to safeguard its shoreline and communities against climate change-related storms and sea level rise. -
EPA Seeks Candidates for Ozone Review Panel
Jul 30, 2018 | E&E News PM
By Sean Reilly
EPA is searching for candidates for an advisory panel to aid in a newly launched review of its national ground-level ozone standard. -
New York City to Appeal Climate Nuisance Suit Dismissal
Jul 30, 2018 | Inside EPA
New York City will appeal a ruling by a federal district court judge dismissing its lawsuit seeking to recoup climate change-related damages from major oil companies, becoming the first city to move to take the issue to a higher court following a series of other dismissals of similar litigation.
Industry and Association News
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Environment News
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Jul 30, 2018 | Dover Post
Sens. Chris Coons, D-Delaware, and Susan Collins, R-Maine, reintroduced the Sustainable Chemistry Research and Development Act of 2018 on July 30.
This bipartisan bill encourages the development of new and innovative chemicals, products and processes with an improved environmental footprint through efficient use of resources, reducing or eliminating exposure to hazardous substances, or otherwise minimizing harm to human health and the environment.
“Finding ways to encourage innovation, create new companies and jobs and benefit human health and the environment is something that should bring us all together,” said Coons. “We can do much more to ensure the things all around us — from our laundry detergent to our cars — are produced in a way that maintains their high quality while protecting our health and our planet. By creating a cohesive vision for sustainable chemistry research and development, improving training and retraining of scientists and other professionals, and building new partnerships with the private sector; the bipartisan Sustainable Chemistry Research and Development Act is an exciting opportunity to maintain our scientific leadership and ensure the sustainability of our chemical enterprise for years to come.”
The Sustainable Chemistry Research and Development Act of 2018 supports coordinated efforts in sustainable chemistry across all research agencies through research and development, technology transfer, commercialization, education and training programs; including partnerships with the private sector. The bill does not include any regulatory components, nor does it authorize new spending. Its goal, rather, is to better coordinate federal activities in sustainable chemistry and encourage industry, academia, nonprofits and the general public to innovate, develop and bring to market new sustainable chemicals, materials, products and processes.
The legislation has been endorsed by the GC3 Sustainable Chemistry Alliance; the American Chemical Society; the American Chemistry Council; the American Sustainable Business Council; Ashland; BASF; Beautycounter; Chemours; the Dow Chemical Co.; DuPont; Procter & Gamble; and the University of Delaware.
http://www.doverpost.com/news/20180730/coons-collins-introduce-bipartisan-bill-to-promote-innovation-in-sustainable-chemistry
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(ACC Mentioned) Global Industry Initiative Draws up Roadmap on UN's SDGs
Jul 31, 2018 | Chemical Watch
By Nick Hazlewood
A recently released chemical industry roadmap has called on other "industry peers" and public and private stakeholders to work together on engaging with the UN's sustainable development goals.
Nine major companies and two industry associations were tasked by the World Business Council for Sustainable Development (WBCSD) to "help realise the potential of the chemical sector" and its contribution to the SDGs.
The Chemical Sector SDG Roadmap comes after a year's joint work by:AkzoNobel;Covestro;The Dow Chemical Company;DSM;Evonik Industries AG;Mitsubishi Chemical Holdings;SABIC;Solvay SA;Sumitomo Chemical Company;the American Chemistry Council (ACC); andthe European Chemical Industry Council (Cefic)
The UN drew up 17 SDGs in 2015 with the aim of ending global poverty and protecting the planet by 2030.
The WBCSD – a CEO-led organisation of more than 200 businesses – published its SDG sector roadmap guidelines in April. These laid out a step-by-step methodology for how companies within particular industries could collaborate to "advance the SDG agenda".
The chemical industry's 48-page roadmap singles out ten of the goals that are relevant to the industry, and ways it can have an impact in five different fields:food;water:people and health;energy; andinfrastructure and cities.
It also identifies four factors that cut across all of these: human rights; the need for a low carbon economy; circularity and digitalisation.Invitation
The WBCSD says the roadmap is intended to serve as an invitation to others to get involved and to come up with "ideas on how to align projects or strengthen partnerships to accelerate SDG impact".
Leading chemical sector representatives from WBCSD's membership will, it adds, "now look to evolve this work from ambition to implementation".
Activities will include: developing targeted working groups to advance the different action points identified; using the roadmap to reach out to potential collaborators both from within the chemical sector and beyond; and establishing appropriate mechanisms to regularly report on progress. Actions elsewhere
The roadmap's release coincides with the formation of a ministerial alliance, launched at the recent meeting of the UN's high-level political forum (HLPF) in New York. This wants to push for a global agreement on managing chemicals and waste, similar to the Paris Agreement on climate change.
Following this year's Chemical Watch Business Summit, a number of industry representatives formed the Proactive Alliance to develop a solution for collecting and sharing material data on articles. It saw the work as potentially helping achieve some of the UN’s 2030 sustainable development goals.
And a June workshop in Bonn on the Global Chemical Outlook discussed the central role of chemicals in the SDGs.
https://chemicalwatch.com/69104/global-industry-initiative-draws-up-roadmap-on-uns-sdgs
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(ACC Mentioned) UK Plastic Bag Law Reveals Ideal Solution to the Plastic Straw Debate
Jul 31, 2018 | Inverse
By Matthew Phelan
Plastic straw bans! They’re quickly becoming the summer’s must-have statute! Radical chic municipalities like Seattle, Berkley, and Miami Beach are doing it, as are benevolent corporate multinationals like McDonalds, Starbucks, and IKEA.
Indeed, straw bans have been enjoying such an enduring viral moment that we have already seen the backlash, from disability advocates who say straws are necessary to consumers questioning the merits of all this ban bandwagoning (the revelation one of the most oft-cited statistics was contrived by a nine year old didn’t help, either.)
So how’d a nine year old’s idea gain so much momentum, and is there a better way? Here’s how we got here.The Case for Keeping Straws in Stores
Plastic straws are, of course, only a small fraction of the estimated 4.8 million to 12.7 million metric tons of plastic waste that humans are dumping into oceans worldwide. One reason they have become a common talking point is that environmental activists are hopeful that plastic will be “a gateway plastic.” For many of us, a single-use plastic straw is a pretty potent symbol of our own frivolity as citizens and consumers; finally making an effort to do without them could lead people toward greater environmental consciousness around plastics pollution.
But the bans have also sparked an understandable backlash from communities that have a demonstrable medical need for reliable access to plastic straws — people with neuromuscular conditions, for example, like Parkinson’s, multiple sclerosis, and Huntington’s disease; individuals coping with lifelong congenital ailments, like cerebral palsy; as well as the elderly, the infirm, and others.
Advocates for these communities have admirably raised the issue across a wide range of media outlets from Vox to the Washington Post. As a direct result of these efforts, in fact, Seattle’s new straw ban includes a provision to ensure access for people who require plastic straws for medical reasons.
Are Straw Bans a Fair Way to Cut Plastic Consumption?
On the other hand, plastic straw bans have notably raised the ire of more powerful and arguably less worthy groups, among them numerous able-bodied plastic straw aficionados. A good portion of this global coalition of thirsty men, women, and children seem to share few activist goals beyond simply enjoying the cylindrical sipping utensils’ ductility and convenience over more reusable alternatives, like metal and hard plastic straws, sippy cups, and their own lips.
One such group is the American Chemistry Council, an industry-funded group comprising roughly 150 major chemical and petrochemical companies, including ExxonMobile, Dow, BASF, and former cluster bomb-manufacturer Honeywell. The ACC describes itself as “an innovative, $768 billion enterprise,” that works “to solve some of the biggest challenges facing our nation and our world.”
The council has come out in obviously, wholly altruistic support of the disabled community’s right to plastic straws, releasing a press statement on Thursday against unilateral plastic straw bans and in favor of “an ‘on-demand’ system.” In the words of Steve Russell, the vice president of council’s plastics division, the ideal policy “gives customers choice and helps prevent waste by ensuring that straws are distributed only to those who need them.”
What Can Plastic Bag Bans Teach Us About the Straw Debate?
As environmental groups, marine life conservationists, and disability activists hash out this summer’s wave of straw bans, it would be prudent to look at the recent history of plastic ban reforms. A new report out last week from the British government’s Department for Environment, Food & Rural Affairs and its Centre for Environment, Fisheries and Aquaculture Science (Cefas) could truly be the compromise everyone has been looking for.
By simply introducing a mandatory charge of 5 pence-sterling (7 cents USD), the UK saw a staggering 86-percent decrease in disposable plastic bag use across the countries’ ‘big seven’ supermarkets. For the 2017/2018 period for which they have new data, plastic bag use decreased by nearly 300 million bags compared to the 2017/2016 period.
It appears that the British shoppers’ inner misers — probably equally sick of dealing with torn gossamer plastic bags already — finally prompted them to start bringing reusable totes when they popped to the shop to get a bag of crisps or whatever. Able-bodied, but fundamentally lazy Americans would probably do the same if they were going to be literally nickel and dimed over plastic straws and plastic bags.
“Every plastic bag not purchased is one which will not end up in our sea, damaging habitats or harming marine life,” noted to Thomas Maes, a marine litter scientist, at Cefas. “Since efforts from across Europe came into effect, including the UK’s 5p charge, we have observed a sharp decline in the percentage of plastic bags captured by fishing nets on our trawl surveys of the seafloor around the UK as compared to 2010.”
According to the UK government Office for Science’s Future of the Seas report, plastic pollution in the world’s oceans is set to increase threefold without a concerted effort to reduce use as populations grow and consumer habits in developing countries start to echo our own. They estimate that one million birds and more than 100,000 sea mammals die every year from either eating or getting tangled up in our discarded plastics.
As a consumer product that the average person intuitively sees as a thing they always use, but don’t really need, plastic straws are as good a starting point as any to begin tackling this problem. And the case of the UK shows, there’s clearly good examples of policies that honor the concerns of disability advocates while still making a concerted effort to drastically reduce plastic consumption.
“This is something that really resonates from our visitors because they can feel it, touch it; it’s a positive action they can take” ocean conversation policy director Aimee David at the Monterey Bay Aquarium told Vox. “We were actually hearing from our audiences about it.”
https://www.inverse.com/article/47533-british-plastic-bags-hold-secret-to-plastic-straw-ban
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Wheeler Writes His 'Fishbowl' Memo
Jul 30, 2018 | E&E News PM
By Kevin Bogardus
Acting EPA Administrator Andrew Wheeler issued his "fishbowl" memo today arguing for transparency in how the agency does business.
Wheeler said in an internal email obtained by E&E News that he was following a tradition first established in 1983 by then-EPA Administrator William Ruckelshaus in issuing his own memo renewing EPA's promise for openness. Prior EPA chiefs' "fishbowl memos" emphasized that "the agency should operate openly and transparently for all to see, as if it were a fishbowl."
"This memorandum reaffirms those commitments," Wheeler said in the email to EPA employees. "I encourage all EPA employees to uphold the contents of this memorandum and conduct themselves and their business in a manner worthy of the public's trust and confidence. Our success as an agency depends on it."
Wheeler's "fishbowl" memo is another turn from his predecessor at EPA.
Scott Pruitt, who resigned earlier this month under heavy scrutiny for alleged excessive spending and misuse of his office, was known for secrecy while running EPA. His whereabouts were often kept hidden, his calendar was only disclosed weeks later, and his own personal security was expanded compared to past EPA chiefs.
Wheeler's memo lays out some general principles but also tackles some specific areas, including schedules, rulemaking, litigation, working with Congress and the press as well as the Freedom of Information Act.
Ruckelshaus sounded similar notes in the original version. So did Lisa Jackson, President Obama's first EPA administrator, in her own memo.
An EPA spokesman confirmed to E&E News that Pruitt did not send out a "fishbowl" memo during his tenure.
In his memo, Wheeler said EPA staff should be "open and accessible" to the public, even taking "affirmative steps to seek out the views" of those most affected by agency decisions.
"The EPA will not accord privileged status to any special interest and will not accept any recommendation or proposal without careful, critical and independent examination," he said.
Wheeler also said he directed that his appointment calendar be provided to the public affairs office and be posted on EPA's website. He also said senior agency officials' calendars should be made available to the public "in a similar manner."
Wheeler's public calendar is up online with other top officials. His schedule is released on a near-daily basis, while others still lag a week or two late — similar to how Pruitt released his schedule.
EPA has not yet responded to E&E News' FOIA requests for Wheeler's private calendar since he joined the agency as deputy chief in April, which would offer more detail on whom he met with and what was discussed.
In addition, Wheeler said the public should receive "timely notice" of information that have influenced EPA's actions when it comes to rulemaking.
"This means that EPA employees must summarize in writing and place in the rulemaking docket any oral communication during a meeting or telephone discussion — with a member of the public or an interested group — that contains significant new factual information regarding a proposed rule," he said.
He also discussed how EPA should handle litigation, making sure the agency remains fair and transparent but protect sensitive information from "unauthorized disclosure." Wheeler noted that EPA will seek public comment on proposed consent decrees and settlement agreements "as practicable," and EPA staff should adhere to limitations on communication with interested parties when it comes to formal adjudications.
Wheeler encouraged EPA programs to respond to congressional requests for information to fulfill lawmakers' "oversight and legislative interests" while remaining in line with the agency's "Constitutional and statutory obligations." Further, he said agency staff should be open with reporters while coordinating responses with their managers and the press office.
"The EPA should also be accessible to the press, which performs a vital role in informing the public about the EPA's actions," Wheeler said.
Regarding FOIA, Wheeler said EPA was committed to conducting its work transparently, promising another memo on the public records law.
"The agency is committed to conducting its business in an open and transparent manner and will issue a separate memorandum on its efforts to ensure that the EPA is meeting its FOIA obligations," Wheeler said.
EPA's FOIA process under Pruitt grabbed attention as Democrats allege top aides stalled on releasing politically sensitive documents. The agency has said that it has faced a surge of requests under the Trump administration and is working to reduce its backlog (Greenwire, July 16).
Wheeler concluded his memo saying that EPA will be guided by "principles of open and robust participation" as it works to protect the environment and that he was honored to be working with agency staff.
https://www.eenews.net/eenewspm/2018/07/30/stories/1060091647
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EPA Chief Looks to Distinguish Himself from Pruitt in Agency-Wide Memo
Jul 30, 2018 | The Hill - E2 Wire
By Miranda Green
The new head of the Environmental Protection Agency (EPA) on Monday sent a staff-wide memo laying out steps the agency is taking to increase transparency, a move that's seen as an effort to differentiate himself from his predecessor.
Acting Administrator Andrew Wheeler wrote in a memo, obtained by The Hill, that the EPA is reaffirming "a commitment to transparency" by making Wheeler's appointment calendar easily available online and ensuring the agency is available to the press. He said the media "performs a vital role in informing the public about the EPA’s actions."
"We exist to serve the public," Wheeler wrote. "As such, the public should trust our work. We are committed to earning and maintaining the public’s trust through transparency and accountability in our actions and civility and fairness in our public participation processes."
Since becoming acting administrator at the EPA, Wheeler has sought to distinguish himself from former Administrator Scott Pruitt by being a more approachable leader to both the press and policy staff. Portions of the memo mark a departure from the official policy of the EPA under Pruitt, who did not make his calendar public and frequently handpicked interviews and interactions with journalists.
Wheeler's memo provides guidance to employees regarding how to talk to reporters and how to reference ongoing litigation.
"As we respond to press inquiries, EPA staff should respect our internal deliberative processes and strive for accuracy and integrity in our communications," he said. "This will ultimately enhance public trust in the agency."
Staff should coordinate with senior managers and the EPA's Office of Public Affairs before responding to press inquiries, according to the memo. Employees were also told to consult first with EPA lawyers before responding to question about ongoing litigation.
"The EPA is constantly engaged in a wide range of litigation. The conduct of litigation by the EPA should reflect the principles of fairness and openness that apply to other EPA activities. We must, however, protect privileged litigation and enforcement-sensitive information from unauthorized disclosure," the memo reads.
Other categories touched on include public transparency in EPA rulemaking proceedings and Freedom of Information Act requests, which he said will be addressed further in a future memo.
http://thehill.com/policy/energy-environment/399542-epa-memo-sent-to-employees-highlights-new-transparency-agenda
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Wheeler's Transparency Order Echoes Obama EPA Chief Jackson's Memo
Jul 30, 2018 | Inside EPA
By David LaRoss
Acting EPA Administrator Andrew Wheeler has issued his “fishbowl memo” principles for transparency in the agency's contact with the public, including rulemakings, litigation, responses to oversight requests and document releases, including several principles that echo a similar memo from Obama EPA Administrator Lisa Jackson.
Wheeler's July 30 memo overlaps significantly with the 2009 “fishbowl” letter issued by Jackson, including shared language on the importance of transparency in the rulemaking process, responses to legislators' requests for information, and a pledge to make officials' daily calendars publicly available.
Trump EPA Administrator Scott Pruitt drew criticism from open government advocates, environmentalists and others for ending the Obama administration's policy of posting senior manager schedules on a daily basis. The agency also faced accusations of slow-walking Freedom of Information Act (FOIA) requests, not responding to press inquiries, and taking other steps seen as making EPA's operations less transparent.
Pruitt resigned on July 6 following a series of ethics scandals, and Wheeler -- then deputy EPA chief -- took over as acting administrator on July 9. His memo effectively reverses several of his predecessor's decisions and puts the agency's transparency policy in line with that of Jackson.
EPA administrators have been issuing fishbowl memos since 1983 under Reagan EPA Administrator William Ruckelshaus. Wheeler writes, “[T]hese memoranda have become known as the 'fishbowl memos' because they have stressed that the agency should operate openly and transparently for all to see, as if it were in a fishbowl. This memorandum reaffirms those commitments.”
Echoing language from Jackson's memo, Wheeler's memo says that the agency should “provide for the fullest possible public participation” on its decision-making, and take “affirmative steps” to seek out input from groups who will be impacted by those decisions, such as “communities of color, Native Americans, people disproportionately impacted by pollution, small businesses” and state and local governments -- though with slight variances in phrasing between the 2009 and 2018 versions.
However, Wheeler's memo adds a new promise to increase transparency in legal settlements, in line with the Trump administration's bid to end what the GOP has attacked as “sue-and-settle” practices.
“When negotiating consent decrees and settlement agreements, the EPA will seek public comment on proposed consent decrees and settlement agreements as practicable, always remain within our statutory authority and engage regulated communities, states and interested stakeholders when settling litigation,” Wheeler's memo says.
FOIA Requests
In another contrast with Jackson's memo, Wheeler's letter deals only briefly with FOIA, saying only that the law “encourages accountability through transparency. Pursuant to the FOIA, any person has the right to access agency records, except where the information is protected from disclosure.”
Instead of spelling out the agency's FOIA principles as part of the overall transparency document, Wheeler writes, “The agency is committed to conducting its business in an open and transparent manner and will issue a separate memorandum on its efforts to ensure that the EPA is meeting its FOIA obligations.”
Wheeler's release of a fishbowl memo is a reversal from Pruitt's refusal to do so or to adopt numerous other transparency measures that his predecessors had embraced such as publishing their calendars.
Pruitt was apparently the only EPA administrator not to sign a version of the transparency pledge since Ruckelshaus began the tradition in 1983.
In December, Ruckelshaus criticized the then-EPA chief's secretive operations in a Washington Post opinion piece that urged him to reverse course.
However, the agency's staffing union, which has called for greater transparency in EPA operations, is being cautious in its assessment of Wheeler's memo. Nicole Cantello, vice president of the American Federation of Government Employees Local 704 that represents many agency career staff told Inside EPA following the memo's release that greater transparency should mean embracing scientific input, in particular mainstream climate science that she said conflicts with the administration's broad rollback of greenhouse gas limits.
“It is 'the what' and 'the how.' The ‘what’ is, is this Trump EPA still making bad decisions in [the] case of the greenhouse gas decision in particular and the ‘how’ meaning transparency is how they come to these conclusions. So, can Wheeler make his decision with transparency and stay true to the science?” Cantello said.
https://insideepa.com/daily-news/wheelers-transparency-order-echoes-obama-epa-chief-jacksons-memo
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No Decision Yet on Kavanaugh — Manchin
Jul 31, 2018 | E&E Daily
By Amanda Reilly
Sen. Joe Manchin (D-W.Va.) is not ready to commit to Brett Kavanaugh.
The West Virginia Democrat met yesterday with President Trump's Supreme Court nominee for about two hours in his Capitol Hill office.
He did not speak to the press following the meeting but released a short statement afterward.
"I will not make a final decision on Judge Kavanaugh's nomination until I complete a thorough and fair examination of his candidacy in order to decide whether he should hold the position of Associate Justice on the highest court in the land," Manchin said.
Manchin, who is facing re-election in an increasingly red state, is the first Democrat to meet with Kavanaugh, a prominent conservative judge on the influential U.S. Court of Appeals for the District of Columbia Circuit.
It's not clear if any environmental issues came up at the meeting, though Kavanaugh has issued some rulings on the D.C. Circuit that directly affect Manchin's home state.
In 2016, Kavanaugh dissented from his colleagues on the D.C. Circuit in a case involving EPA's decision to revoke the Clean Water Act permit for the controversial Spruce No. 1 mine in Logan County, W.Va.
Kavanaugh wrote that EPA had issued a "one-sided analysis" of the mining project's impacts and that the agency should have considered both costs and benefits in deciding whether to revoke the permit.
In an earlier ruling in the same litigation, Kavanaugh agreed with EPA's ability to veto Army Corps of Engineers Clean Water Act dredge-and-fill permits retroactively.
Manchin called the meeting "productive" and said only that he and Kavanaugh talked about the nominee's record and "a variety of issues," including health care.
"First and foremost on my mind are the concerns of West Virginians," Manchin said.
The meeting came a few hours after Sen. Rand Paul (R-Ky.), who had previously given only a lukewarm response to Trump's choice of Kavanaugh, announced that he would support the nominee to fill the seat of retiring Justice Anthony Kennedy.
Kavanaugh is scheduled to meet today with Sens. Roy Blunt (R-Mo.) and Jerry Moran (R-Kan.). The White House has not announced any meetings with other Democrats.
https://www.eenews.net/eedaily/2018/07/31/stories/1060091653
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Watchdog Report Prompts Improved Access to TSCA Chemical Data
Jul 31, 2018 | Chemical Watch
By Kelly Franklin
The US EPA has taken steps to improve public access to information submitted under the TSCA Chemical Data Reporting (CDR) rule, according to a programme audit report from the agency's Office of Inspector General (OIG) .
The recently published report found the CDR rule to have been "largely implemented as intended". But it said the reporting scheme – under which the EPA collects information every four years about the types, quantities and uses of substances in commerce to inform its risk evaluation priorities – had opportunities for improvement.
Among identified issues was a need for improved "transparency and accessibility" of data collected under the rule. Stakeholders interviewed by the OIG complained that the publicly available database "lacks functionality for public use of information". And EPA staff agreed the system is "not user-friendly, and extracting data is a gruelling process for anyone not familiar" with it.
The OIG report, however, said that since communicating these concerns to agency staff, the agency has added additional options for accessing the data. This includes Excel versions of data, as well as a 'data dictionary' with a stated purpose of providing users assistance in navigating the information.
This improved accessibility, the report says, "helps the EPA to increase the agency's ability to effectively provide public access to CDR information – which ultimately enhances the public's ability to obtain exposure-related information about chemicals in US commerce".CDR data quality checks
The programme audit also found that while the agency conducts quality checks of the chemical data submitted by companies, there is a "lack of documented quality assurance and quality control policies and procedures".
Having these in place would help ensure consistent future checks, and safeguard against loss of institutional knowledge with employee turnover or absences, the report says.
In response to a recommendation to lay out these policies, the EPA committed itself to developing a standard operating procedure for conducting data quality checks each reporting cycle. It aims to complete this by 25 October.
The report says this is an "acceptable corrective action" that, when completed, will satisfy the intent of its recommendation.
https://chemicalwatch.com/69112/watchdog-report-prompts-improved-access-to-tsca-chemical-data
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Drinking Water Utilities Warn EPA Of Gaps As It Weighs PFAS Standards
Jul 30, 2018 | Inside EPA
By Suzanne Yohannan
Drinking water utilities are warning EPA not to leap ahead with regulatory actions on perfluorinated chemicals before significant gaps are addressed in detecting and treating the chemicals, determining their health effects and ensuring the country has enough laboratory capacity to handle a higher demand for chemical testing.
The Association of Metropolitan Water Agencies (AMWA), which represents publicly owned drinking water utilities throughout the country, cautions in comments submitted earlier this month that EPA's decisions on handling per- and polyfluoroalkyl substances (PFAS) will set precedent for how it addresses emerging contaminants in the future.
"Whether EPA sets a standard for PFAS under the Safe Drinking Water Act or develops a health advisory and/or guidance, the agency needs to be transparent about the state of the science, the health impacts, available treatment, cost and the source(s) of the contamination," AMWA says in its July 11 comments.
AMWA filed its comments in response to EPA's request for comment as part of its continuation of its PFAS national leadership summit and as it decides on its strategy for addressing the class of chemicals.
With as many as 4,500 chemicals in the PFAS class, the substances, known for their non-stick qualities, have been used in many consumer and industrial applications. But their occurrence in drinking water systems has alarmed communities, prompting a push by lawmakers and the public for a regulatory response.
Before he resigned, former EPA Administrator Scott announced several actions to address the substances, though officials and many citizen groups are pressing the agency to act quickly and aggressively.
As part of its effort, EPA is accepting comments from the public and recently extended the comment deadline from July 20 to Sept. 28.
In its comments, AMWA warns of gaps in detecting and treating PFAS, saying those need to be remedied before regulatory standards are set by the agency. It notes public water utilities have faced many difficulties in conveying the risks of contaminants to their customers as EPA health advisories can be misinterpreted by the public as a regulatory action rather than an advisory. EPA should be ready to aid utilities in managing any changes with regard to these contaminants, it says.
EPA in 2016 set drinking water health advisories for two of the most common PFAS, but has not established any enforceable drinking water standards for any of the class of chemicals.
In addition, "EPA should work to support and promote research related to PFAS detection, public health effects, and treatment and/or removal of these contaminants from drinking water," the group says.
In particular, on detection, it says the agency lacks a standard method for analyzing short-chain PFAS, such as GenX, in drinking water, although EPA plans to have a method ready by 2019. EPA should ensure a method for detecting short-chain PFAS is implemented and adequate laboratory capacity is available "to handle the increased demand before issuing any regulations or health advisories for PFAS chemicals like GenX," it says.
EPA also needs to not only increase the number of PFAS chemicals that it can detect in drinking water, but also standardize detection methods for other media, AMWA says. Further, the lack of research on the chemicals' public health effects should be addressed "so that utilities may focus their resources on those contaminants that present the most meaningful opportunity for health risk reduction." Health effects are unknown for many shorter-chain PFAS, used to replace the longer-chain PFAS that EPA required industry phase out, it says.
In addition, AMWA notes the gaps in treatment methods for removing PFAS from drinking water. "It is crucial that we have effective treatment technologies that are available and feasible to implement before any regulatory or non-regulatory action is taken," the groups says.
EPA should also work to prevent industrial releases of these chemicals and back remediation of existing contaminated sites, it adds.
Health Advisories
Meanwhile, New Jersey Department of Environmental Protection Commissioner Catherine R. McCabe in June 21 comments reiterates the state's position -- also backed by other states and academia -- that EPA's health advisories for two of the most common PFAS -- perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) -- are too weak.
"Decreased immune response for PFOS and low-dose developmental effects . . . for PFOA are well-established toxicological effects that are more sensitive than those used as the basis for the EPA Health Advisories," McCabe says. EPA's 2016 drinking water advisories are set at 70 parts per trillion (ppt) for the two chemicals individually or combined.
And McCabe in the comments warns EPA against continuing to minimize the importance of drinking water exposure to PFAS, or labeling the contaminants as a localized issue, as such minimization is contrary to the consensus by academia and New Jersey researchers and other governmental agencies. Exposures at levels below EPA's 70 ppt overwhelms the exposures the general population already receives via food and consumer products, the comments say.
The commissioner also tells the agency it should be a national leader on this issue and set drinking water standards for these and other unregulated contaminants or back state efforts to do so, rather than over-relying on unenforceable health advisories. New Jersey has been at the forefront of developing state drinking water standards for some PFAS, with other states and the public often referencing New Jersey's work -- which is recommending safety levels much more stringent than EPA's 2016 health advisories for PFOA and PFOS.
McCabe cautions that lack of action by EPA on setting enforceable drinking water standards known as a maximum contaminant levels (MCLs) "should not put states' MCLs in question."
On standard setting, McCabe also says EPA should create toxicity and risk data for a wider range of PFAS compounds and weigh the development of "toxicity equivalents" instead of values for every compound. And, New Jersey "strongly" recommends that the agency provide more clarity regarding federal regulatory authority by adding PFAS as a contaminant class to the Resource Conservation & Recovery Act/Comprehensive Environmental Response, Compensation & Liability Act hazardous substance list, she says.
In addition, EPA should set surface water quality standards for the chemicals, and it should evaluate dischargers of emerging contaminants such as PFAS and develop appropriate effluent limitation guidelines.
Further, McCabe asks EPA to use its full Toxic Substances Control Act authority to carefully review new and existing chemicals such as PFAS before allowing them into the marketplace, and to work with industry now to lower PFAS releases.
New England organizations representing water quality professionals also wrote comments to EPA urging careful consideration of the challenges of removing PFAS from wastewater, and note EPA should consider the expense.
They note that when setting policy EPA should be aware that rate-payers and taxpayers will ultimately pay for addressing PFAS in water and wastewater systems, and that the contamination is not due to municipalities or other entities that own these systems. They recommend, "Financial and technical aid should be provided in support of whatever is determined to be necessary."
Ohio Environmental Council, an environmental group, also submitted comments, reasserting a petition it filed with the agency in April to prompt it to develop rules for PFAS under the Clean Water Act and Safe Drinking Water Act to protect public health.
"While states and communities can lead in wastewater treatment and point source pollution management efforts, the EPA must establish a federal floor that mandates all states to take action against these substances," the council says.
https://insideepa.com/daily-news/drinking-water-utilities-warn-epa-gaps-it-weighs-pfas-standards
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State of Emergency Speeds Up Response to Michigan Water Crisis
Jul 30, 2018 | BNA Daily Environment Report
By Sam McQuillan
Michigan is securing more drinking water for residents of Kalamazoo County after issuing a state of emergency to address the high levels of dangerous fluorinated chemicals in the water in the city of Parchment and nearby Cooper Township.
Gov. Rick Snyder’s office issued the state of emergency July 29 following a July 26 local government warning to residents of the area in western Michigan to stop drinking the water.
Tests showed that Parchment’s drinking water contained 1,587 parts per trillion of per- and polyfluoroalkyl substances (PFAS), or more than 100 times what the Agency for Toxic Substances and Disease Registry said is safe. Fluorinated chemicals have been linked to low infant birth weights, immune system effects, and cancer.
“[The] state of emergency is about getting more resources going to where they’re needed,” Ari Adler, a spokesman for Snyder, told Bloomberg Environment. “Bottled water is coming from different sources and we’re in the process of trying to get a longer term source.”
While there are a number of sites in Michigan with groundwater contamination, “this would be the first where we’ve found drinking water contaminated,” Adler said.
A spokesperson for the Michigan Department of Environmental Quality couldn’t immediately be reached for comment.
The department keeps track of all the PFAS-contaminated bodies of water across the state. The chemicals were used in fire-retardant, nonstick, and waterproof products. They are most frequently found near chemical plants and military bases.
Kalamazoo County secured the first shipment of bottled water on its own after the high levels of PFAS were discovered on July 26, Adler said.
Two More WeeksKalamazoo County says it will distribute imported water to Parchment residents until the water system is cleaned.
Officials are tapping in to the nearby Kalamazoo city water system, flushing out Parchment’s contaminated lines and water towers with the PFAS-free water. The process should take about two weeks, Adler said.
Flushing is one of the fastest ways to get rid of contaminated water, according to Seth Kellogg, a geologist and member of the Scientists & Engineers Board of Directors of the National Groundwater Association.
Although the levels of PFAS found in Parchment are well over the association’s report of what’s considered safe, “it’s consistent with numbers we’re seeing in other sites across the country,” Kellogg said.
Parchment’s water contamination was discovered during testing of 1,800 smaller water systems across the state, Adler said. About half of the tests have been completed.
https://news.bloombergenvironment.com/environment-and-energy/state-of-emergency-speeds-up-response-to-michigan-water-crisis
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Texas Upstream Industry Producing More Oil, Natural Gas with Fewer People, Rigs
Jul 30, 2018 | Natural Gas Intelligence
By Carolyn Davis
The Texas upstream oil and gas economy continued to expand through the first half of 2018, with the Texas Petro Index (TPI) increasing in June for the 19th straight month to 203.4 from 200.7 in May and up 19.4% from the year-ago score of 170.3.
The TPI, developed for the Texas Alliance of Energy Producers by petroleum economist Karr Ingham, tracks growth rates and business cycles in the state’s exploration and production economy. The TPI is based at 100.0 in January 1995.
"We've seen extraordinary expansions in Texas oil and gas activity over the 23-year history of the Texas Petro Index," Ingham said. "What makes this one unique is the sheer amount of crude oil and natural gas produced in the state -- and the growth rates in production -- at lower levels of activity compared to the peak levels from the previous growth cycle."
Oil and gas prices, the statewide rig count, drilling permits, well completions and employment all are rising, but they continue to lag behind the pinnacles established in 2014, said Ingham.
However, crude oil production has moved into all-time record territory in 2018, surpassing 4 million b/d. Crude oil and natural gas production are expected to “easily” set new annual production records this year.
Texas oil production eclipsed 4 million b/d in February and reached an estimated 4.3 million b/d in June, an increase of 27%-plus from a year earlier. Through June, Texas operators have produced an estimated 745.2 million bbl of oil, up by 25% from the first half of 2017.
The June monthly average oil price, while up by more than 50% from year-ago levels at $63.75 West Texas Intermediate (WTI), “remains significantly lower than price levels in 2014 in advance of the collapse in prices.” The posted WTI price averaged $101.68/bbl in June 2014.
Natural gas production has grown more slowly in the state as producers mostly are targeting oil.
"About 92% of the active rigs in Texas are drilling for crude oil," said Ingham. "Natural gas production growth is largely accidental at this point, produced from wells that are drilled to produce crude oil."
More than one-third (35%) of the state’s gas production is classified by the Railroad Commission of Texas as casinghead gas, i.e. associated gas from crude oil production.
"Natural gas production growth is not the current goal of Texas oil and gas producers, and continued production expansion is pushing prices lower, especially in the Permian Basin, where the takeaway capacity for that gas is increasingly insufficient."
The rising shortage in Permian gas takeaway capacity has widened the negative differential between Waha hub in West Texas gas pricing by as much as a $1.00/Mcf or more compared to the Henry Hub and the Houston Ship Channel, said Ingham.
The statewide monthly average rig count has improved to 534 in June from a cyclical low point of 182 (and a weekly low point of 173) in May 2016, according to the report.
However, the June 2018 monthly average is 370 rigs lower compared to the peak monthly average of 904 in November 2014.
"It simply takes fewer rigs and fewer people to produce ever higher amounts of crude oil and natural gas," said Ingham. "The efficiencies achieved by Texas oil and gas producers, service companies and drilling companies are nothing short of stunning, and in part were borne of necessity during the deep contraction of 2015 and 2016.
“But this is what all industries strive to do -- produce more with less and at lower costs. The Texas oil and gas industry has been enormously successful at accomplishing these productivity gains to the great benefit of the American consuming public.”
The number of direct upstream oil and gas jobs from extraction, service and drilling companies, stood at an estimated 228,600 jobs in June. As of midyear, about 47,000 jobs have been added back to upstream payrolls following the loss of 115,000-plus jobs over the course of the downturn.
"Jobs have certainly been added back in the current expansion, and job growth continues moving into the second half of 2018," Ingham said. "But again, estimated upstream oil and gas employment as of June 2018 is down by over 68,000 jobs compared to peak industry employment levels in late-2014, and still crude oil production is at record levels and continues to climb."
The number of drilling permits issued in Texas through June was up by more than 10% from year-ago levels, but it also remains well below the number of permits issued midway through each year 2011-2014.
Texas continues to dominate the upstream landscape in 2018. At the midpoint of 2018, the state contributed fully 40% of U.S. oil production and 30% of domestic gas output. More than half of the working rigs in the country were in Texas, and nearly 54% of all U.S. direct upstream jobs were in the state.
As Texas oil and gas employment relative to total production has shrunk, the share of total state payroll employment comprised by upstream employment has diminished as well. June estimated direct upstream oil and gas employment makes up about 1.7% of total employment, from 2.5-3%.
http://www.naturalgasintel.com/articles/115238-texas-upstream-industry-producing-more-oil-natural-gas-with-fewer-people-rigs
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Environmentalists Seek High Court Order For CPP Critics To Justify Stay
Jul 30, 2018 | Inside EPA
By Dawn Reeves
Environmentalists are asking Supreme Court Chief Justice John Roberts to require opponents of the Obama EPA's Clean Power Plan (CPP) utility greenhouse gas rule to explain why the court's almost two-and-a-half year stay of the rule should remain in effect, noting that the legal challenges to the rule that prompted the stay have halted.
Several environmental groups that support the rule raised the issue in a July 27 letter to Roberts in the case West Virginia, et al. v. EPA, et al., in which the court in a 5-4 decision on Feb. 9, 2016, stayed the CPP's implementation “pending disposition of petitions for review in the United states Court of Appeals for the District of Columbia Circuit and of any petitions for certiorari in this Court.”
The groups are defending the CPP, which set first-time limits on power plant GHGs but which President Donald Trump has directed EPA to repeal and replace.
They write that the letter follows remarks from several D.C. Circuit judges “who highlighted litigants' 'continuing duty to inform th[is] Court of any developments which may conceivably affect the outcome.'”
An environmentalist familiar with the letter notes it is not a motion to lift the stay, but rather a status report on the litigation “prompted by opinions of the D.C. Circuit judges who have noted that the parties that sought the stay are now not pressing their lawsuits, meaning that the stay is being used for a purpose different than the purpose for which it was sought.”
The source adds that the timing of the letter to Roberts comes after the D.C. Circuit has “now twice raised the issue. . . . Whenever EPA's new proposal comes out, it will clearly be a long time until there is any final rule.”
When the D.C. Circuit issued its most recent 60-day extension of the stay on June 26, three judges offered statements noting that the merits review anticipated to follow the high court's stay of the CPP's implementation “has not materialized” almost two-and-a-half years later.
Alongside the stay extension, D.C. Circuit Judges David Tatel and Patricia Millett suggested the environmentalists go back to the Supreme Court, writing that the high court is “entitled to decide for itself whether the temporary stay it granted . . . ought to continue now that it is being used to maintain the status quo pending agency action.”
Judge Robert Wilkins, also joined by Millett, accused EPA, and state and industry opponents of the rule, of having “hijacked the Court's equitable power for their own purposes” and suggested that they should no longer avail “themselves of the Court's authority under the guise of preserving jurisdiction over moribund petitions.”
The environmentalists in their letter to Roberts argue that those judges' statements highlight that, “contrary to the premise of the stay orders, the litigation has come to a protracted standstill with the support of the parties that sought a stay in this Court. In light of these changed circumstances, the Court may wish to require the parties to explain why the stay should continue in effect.”
CPP Stay
But if the Supreme Court ultimately ends the stay, that would mean the CPP could take effect, since the D.C. Circuit never issued a ruling on the merits of the case, and as such there would be no decision to petition the Supreme Court to review.
The high court's membership is also poised to drop to eight justices, with the July 31 retirement of Justice Anthony Kennedy looming and no hearings yet set on his replacement nominee, D.C. Circuit Judge Brett Kavanaugh. Sometimes an EPA critic in appellate litigation, Kavanaugh sat for the arguments over the CPP and expressed some skepticism at times of the CPP's opponents arguments. Many expected Kavanaugh to side against the agency after the 2016 arguments in the CPP litigation, but he nonetheless called a key part of opponents' claim that EPA lacked threshold authority to issue the rule a “hall of mirrors.”
For now, the stay of the CPP remains in effect. The process for Roberts to address the environmentalists' letter is unclear, but the Supreme Court docket for the case does note it has been received.
The source familiar with the letter says there is no established process, and “because it's a letter informing the court of the status of proceedings below, there's no discrete action the court has to take. It's possible there will be no action; it's also possible that either the Chief Justice -- or if he refers it to the . . . whole court -- could ask the parties to respond to the letter and the points raised in the D.C. Circuit concurring opinions. But there is no set timetable for any of this.”
The letter to Roberts describes the long and convoluted history of the case, including that the full D.C. Circuit minus then-Supreme Court justice nominee Chief Judge Merrick Garland heard nearly seven hours of oral argument in September 2016.
The court never issued a ruling, and Trump then won the election and reversed course on defending the rule.
In March of 2017, EPA moved to put the litigation over the CPP in abeyance while it undertook administrative proceedings to consider revising or repealing the rule. The D.C. Circuit has placed the litigation on hold for 60-day periods ever since then.
The letter also notes that EPA has proposed a repeal of the CPP and earlier this month sent a draft replacement proposal to the White House for interagency review.
EPA told the D.C. Circuit in its most recent July 26 status report that it has asked the White House Office of Management & Budget (OMB) to expedite its review. EPA is hoping OMB will finish in August and clear the way for EPA to issue the proposal and take final action in the first part of 2019.
The letter to Roberts notes that despite that filing from EPA, the agency has not issued a proposed replacement and has not committed to a firm schedule, representing only its “intention and expectations” for the timeline.
https://insideepa.com/daily-news/environmentalists-seek-high-court-order-cpp-critics-justify-stay
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Regulator Exploring Changes to Gas Pipeline Safety Requirements
Jul 30, 2018 | BNA Daily Environment Report
By Sylvia Carignan
The Pipeline and Hazardous Materials Safety Administration wants to know whether it should require different safety measures for natural gas pipelines near new areas of population growth.
Pipeline operators, including Alliance Pipeline LP and Kinder Morgan Inc., suggested that monitoring the integrity of a pipe would be less costly—but just as safe—as the agency’s current requirements for replacing pipelines or reducing their pressure.
The agency will take public comment on the idea starting July 31, when a notice is scheduled to be published in the Federal Register.
The class location requirements are overdue for an update, the Interstate Natural Gas Association of America said.
“Despite dramatic engineering and technological shifts that have occurred since 1970, the class location change regulations have never been substantively revised,” Don Santa, the group’s resident and CEO, said in a July 30 statement.
High-Density AreasGas pipelines are assigned class locations based on the density of nearby buildings. Since pipelines located near high-density areas carry greater risks to public safety and property if they fail, the federal agency has specific requirements for reducing pressure, pressure testing, and replacement of pipelines in each class.
The agency previously requested comment on the topic in 2013. Alliance Pipeline said at the time that changing class location could result in replacing a well-maintained pipeline.
Kinder Morgan supported using parts of the agency’s integrity management program instead of mandating pipeline replacement, the company said in its 2013 comments.
The Interstate Natural Gas Association of America said in 2014 that it supportsretaining the class location system, since it has been in place for more than four decades, but the agency should consider blending integrity management principles with the requirements to determine whether a pipe should be replaced. The association’s members include Enbridge Energy Company Inc., National Grid, and TransCanada Corp.
https://news.bloombergenvironment.com/environment-and-energy/regulator-exploring-changes-to-gas-pipeline-safety-requirements-1
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Houston's Hilcorp Paying over $1B for San Juan Assets from Williams
Jul 30, 2018 | Houston Chronicle
By Jordan Blum
An affiliate of Houston's Hilcorp Energy will pay more than $1.1 billion to acquire the San Juan Basin gas pipeline and processing facilities in New Mexico and Colorado from Oklahoma-based Williams Partners.
Hilcorp's Harvest Midstream business will buy the system in the nation's Four Corners region that includes more than 3,700 miles of pipeline, two gas processing plants, and one carbon dioxide treatment facility in an area stretching from New Mexico's San Juan and Rio Arriba counties to La Plata County in Colorado. The pipeline system includes gathering capacity of 1.8 billion cubic feet of gas per day.
"This is an important investment for Harvest and part of our continued commitment to the Four Corners region," said Harvest CEO Jason Rebrook. "We believe this will be a significant economic benefit for the community. Our focus is on becoming the premier midstream services provider in the San Juan by reliably serving all of our customers."
Williams will use some of the proceeds to move into Colorado's DJ Basin. Williams said it is forming a joint venture with New York-based private equity firm KKR & Co. to buy Dallas-based Discovery DJ Services for nearly $1.2 billion from another private equity firm, TPG. Discovery DJ is a natural gas and oil gathering and processing company that's exclusively in the southern portion of Colorado's DJ Basin.
Williams will operate the joint venture in what will be a 50-50 financial partnership with KKR. However, Williams will initially own 40 percent and then allocate more funds to build up to 50 percent.
The Discovery assets include 60 million cubic feet per day of gas processing capacity with an another 200 million cubic feet a day of processing capacity currently under construction. Discovery also includes 130 miles of natural gas pipelines, as well as 260,000 acres dedicated for gas gathering and processing, plus an additional 60,000 acres for oil gathering.
https://www.chron.com/business/energy/article/Houston-s-Hilcorp-paying-over-1B-for-San-Juan-13116301.php
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What Happened When Fracking Came to Town
Jul 31, 2018 | The New York Times
By JoAnn Wypijewski
AMITY AND PROSPERITY
One Family and the Fracturing of America
By Eliza Griswold
318 pp. Farrar, Straus & Giroux. $27.At Page 51 of “Amity and Prosperity,” Eliza Griswold’s saga of fracking’s impact on the town of Amity in southwest Pennsylvania, I made a note in the margin: “Why People Hate Government.” By then her protagonist’s son, Harley Haney, had suffered mouth ulcers, severe abdominal pain, nausea, swollen lymph nodes and dizziness. Wilting in a recliner, he had missed a year and a half of middle school. His dog had died. The neighbors’ dogs had died. The tap water was running black and smelled foul. The air reeked. A quarter-mile up the hill, workers in Hazmat suits had applied 819 pounds of a carcinogen to contain a bacterial outbreak at a waste pond for the gas wells near his home.
Harley’s mother, Stacey Haney, suffered headaches, rashes and fatigue. His younger sister, Paige, had stomachaches and nosebleeds. The neighbors were sick, too, and one, Beth Voyles, kept a dead puppy in her freezer as potential evidence. She had been complaining to the state Department of Environmental Protection for months. An agent there said that the hydrogen sulfide in the local air was naturally occurring. A representative of the company that owned the gas wells, Range Resources, told Stacey to boil her water before drinking it. Harley’s condition was finally diagnosed: arsenic poisoning. Staying home sick from school had only made him worse. Toxins accrue.
It’s at this point that Griswold writes: “Gov. Ed Rendell, a Democrat, sliced the D.E.P.’s budget of $217,515,000 by 27 percent, one of the biggest cuts in its history. The governor also shaved 19 percent from the $113,369,000 budget of the Department of Conservation and Natural Resources” and “started leasing oil and gas rights on public land. In three separate sales, the state made $413 million by leasing 138,866 acres. This marked the beginning of one of the largest public sell-offs in Pennsylvania’s recent history.”
Like the governor, like their neighbors sitting atop Appalachia’s gas-rich Marcellus Shale, like the federal government and many thousands of other people across rural America, Stacey and Beth had leased gas rights on their land. Something so ordinary must be safe, the two women figured. And the money the drillers offered was tantalizing. That’s part of the tragedy. However grand their dreams (farmers’ hopes that gas royalties would make them millionaires), or modest (Stacey’s wish for $8,000 to build a barn), or abstract (consumers’ faith in clean, cheap natural gas), almost everyone wanted to believe in the fantastic deal. Griswold aims to count the costs.
Hydraulic fracturing, as she demonstrates, entails as much violence as the name implies. Putting aside the burden on roads, tranquillity and social relations, to frack a gas well means taking roughly four million gallons of water, poisoning it with chemicals, some of them proprietary secrets, and forcing this brew, together with some three million pounds of clay pellets or silica sand, into a well that extends horizontally a mile or two through shale. The shale cracks. The results: gas, fractured bedrock, depleted freshwater supplies and toxic waste. Now fortified with bacteria, heavy metals and additional toxins, the fracking fluid that returns to the surface presents a problem with no good solution. Some of it stays underground, where it combines with methane and can migrate into aquifers, streams and private wells. Imagine this process multiplied. Stacey’s eight acres lay amid five wells; her county, Washington, has 1,146. The state of Pennsylvania has 7,788. The United States has more than 300,000.
Politicians still call it clean. In the early 2000s, Congress exempted fracking from provisions of the Clean Air Act, the Clean Water Act and the Safe Drinking Water Act. Amid the wreckage of the financial crisis, President Obama touted it as a win for the economy and the environment. As secretary of state, Hillary Clinton pushed it on the world. After leaving office, in 2011, Governor Rendell became a paid consultant to a private-equity firm with investments in fracking. His former deputy chief of staff, another deputy, his D.E.P. chief and other erstwhile regulators enlisted in the corporate ranks of oil and gas.
The fracking boom muted more imaginative approaches to the common welfare, and suppressed honest appraisals of costs. In 2012, Obama’s E.P.A. announced that the brown, putrid water issuing from people’s taps in Dimock, Pa., posed no danger. In 2016, a Centers for Disease Control agency, using the same samples, declared Dimock’s water a health hazard. Every E.P.A. agent who knocked on Stacey Haney’s door promising aid disappeared into the mist; one eventually became environmental director of Chesapeake Energy. Lately, as landowners’ royalties have shrunk and the financial press warns that the boom looks like a bubble, systemic dials seem locked on “drill.” The current governor of Pennsylvania, Tom Wolf, a Democrat, recently requested more D.E.P. inspectors, not to address thousands of frack-related citizen complaints but to speed up permits for new drilling. D.E.P., some people say, stands for “Department of Energy Production” or “Don’t Expect Protection.”
Griswold reports so much government neglect, deception and collusion — here augmented with data from the Public Accountability Initiative, NPR’s StateImpact project and the nonprofit investigative site Public Herald — that as I read I abbreviated my marginal notes to “WPHG.” By the time her story reaches 2016, it’s plain that people who have lost their water, their home’s value, their farm animals and pets, their health and hope for relief would not be making conventional electoral choices. Beth Voyles voted for Donald Trump; Stacey Haney, for Jill Stein.
The broad political costs of fracking are not expressly Griswold’s subject, however. Her impressive research notwithstanding, “Amity and Prosperity” is at heart a David and Goliath story fit for the movies. It has everything but a happy ending: a bucolic setting concealing fortune and danger; poor but proud locals who’ve endured sequential boom-bust cycles of resource extraction (Prosperity is a neighboring town ravaged by long-wall mining); tough, reluctant victim-heroes; grisly scenes of animal die-off; and courtroom drama, as a tenacious husband-wife legal team takes on the industry and the state, wins one important case but can’t outlast its adversaries’ moneyed obstructionism. Stacey and Beth settle out of court and submit to a gag order. Harley gets healthier once the family abandons its home, but, with no illusions left, he finishes high school on the internet and takes a job laying gas pipeline. Advantage, Goliath.
Mood carries the story. We know Harley by his long alienation. We know the lawyer Kendra Smith by her mastery of an alphabet of toxins, her slog through documents and her ire as Range Resources refuses to disclose all its proprietary chemicals. We know Stacey by her dedication — to her kids and three jobs, to whatever tradition she can salvage and fight she can muster. Mostly we know her by her fury and her fears. The book’s prologue reproduces a raging note she posted on her forsaken farmhouse after thieves stripped it of metal. Through most of the action she strives to be polite: Don’t make anyone mad, she reasons, it’ll only get worse for you.
It gets worse anyway. Range Resources inexorably appropriates Amity’s allegiances and civic life. The county fair devolves into occupied territory, an echo of Griswold’s previous experience reporting in Asia and Africa. From so vital a perspective, one longs for at least a snapshot of national scale — the West pocked with frackpads, the almost daily earthquakes in Oklahoma from waste injection, the tens of thousands of people who’ve had no say in drilling near their homes, the workers risking damage, the question everywhere: Who will defend the water?
Griswold ascribes ideas to Stacey about “the American dream” and the need to “tough it out,” about the “price one paid for progress” and failing “through no fault of her own.” Maybe Stacey used those phrases (she is not directly quoted doing so), but she should have been spared banality. She fell for a con. Her own night terrors best convey her sense of responsibility and fracture: images of driving in reverse, of her children trapped or falling, of her inability to control anything — dreams from which she awoke “caught between gasping for breath and fearing the air.”
Until land is laid waste nearby, people don’t think much about sacrificed populations or the historic function of government rooted in colonization and corporatism. Thieving, or regulating theft, is a simple term for it. People who’ve lost their water to fracking, like those who live in impoverished, toxified communities everywhere, like the people of Flint, are on a continuum that began with the indigenous peoples, the enslaved Africans and the “waste people” (“refuse,” as Benjamin Franklin called poor Pennsylvanians), who were forced off the land, into bondage or penury at America’s dawn. The nature of oppression changes, but the levers of power that have helped some to prosper while allowing many to sink are hardened in place, and the persistent question, implicit in this valuable, discomforting book, is Who will unstick them?
https://www.nytimes.com/2018/07/31/books/review/eliza-griswold-amity-and-prosperity.html
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Patterson Fined $74K for Fire That Killed 5
Jul 31, 2018 | E&E Energywire
By Mike Soraghan
Federal worker safety officials announced yesterday they're seeking $74,000 in fines from Patterson-UTI Energy Inc. in connection with a January explosion and rig fire in Oklahoma that killed five men.
The Occupational Safety and Health Administration also fined two other companies about $45,000 for exposing employees to fire and explosion hazards.
The agency faulted the companies for failing to maintain control of the well, failing to inspect "slow-descent devices," allowing the use of an improper heat lamp that exposed workers to explosion risks and not implementing an emergency response plan.
"These employers failed to properly control hazards involved in oil and gas extraction activities, and the result was tragic," said OSHA Oklahoma City Area Office Director David Bates. "Employers are required to monitor their operations to ensure workplace health and safety procedures are adequate and effective."
Patterson said in a statement yesterday that it appreciates OSHA's "important work" and cooperated with the investigation but is contesting the investigators' findings.
"We have carefully reviewed the citation, and we have filed a notice of contest with OSHA," the company stated. "We remain committed to providing a safe working environment for our employees and others we work with in the field."
In a regulatory filing yesterday, Patterson also disclosed that EPA is investigating the fire and explosion, in addition to OSHA and the U.S. Chemical Safety Board. It's not clear what EPA would investigate, and attempts last night to reach a spokesperson for the regional office in Dallas were not successful.
The well explosion occurred Jan. 22 near Quinton, a rural community about 100 miles southeast of Tulsa. The rig burned for eight hours. The workers' bodies were found in the rig's control room. The rig was owned by Patterson-UTI Drilling Co. LLC, a subsidiary of Patterson-UTI Energy (Energywire, Jan. 23).
It was the deadliest oil field accident since at least 2010, when 11 men were killed in the BP PLC explosion in the Gulf of Mexico. The damaged BP well was permanently plugged.
Patterson-UTI has a troubled safety record. Since 2008, when a U.S. Senate committee called the Houston company "one of the worst violators of workplace safety laws," at least 12 of the company's workers have been killed on the job.
About a month after the Quinton explosion, a Patterson worker was seriously injured by falling pipe at another well in Oklahoma. OSHA closed its investigation this month without alleging violations.
Patterson-UTI CEO Andy Hendricks' bonus was reduced by an estimated $250,000 because of the fatal accident. The bonus was on top of his $854,000 salary. His total compensation, including stock awards, was listed as $14,253,839 (Energywire, May 23).
In addition to Patterson, Skyline Directional Drilling LLC was fined $8,148 and Crescent Consulting LLC was fined $36,586.
https://www.eenews.net/energywire/2018/07/31/stories/1060091669
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Russian Hacking Attempts Alarm Election and Energy Watchers
Jul 31, 2018 | E&E Energywire
By Blake Sobczak and Peter Behr
A cyberwar campaign by Russia-linked hackers to break into U.S. energy, manufacturing and aviation firms, while causing no reported damage, highlights U.S. officials' fears of disruption ahead of the November midterm elections.
Department of Homeland Security officials say the hacking campaign targeted hundreds of companies across various critical infrastructure sectors, including electric power utilities and nuclear plants, over the past two years.
"As a whole, the U.S. targets were focused in the energy sector, and we saw it across power generation, transmission and distribution," Jonathan Homer, chief of the industrial control systems group at DHS's Hunt and Incident Response Team, said at a July 23 web briefing.
Of hundreds of organizations hit by the Russia-linked hackers, he said "quite a few" were actually compromised, and in at least one case the attackers were able to get access to the controls behind a small power generator.
"They got to the point that they could turn the switches, but they didn't," he said (Energywire, July 24).
Cybersecurity experts have tied the grid-focused hacking campaign to the same Russian intelligence group — nicknamed "Fancy Bear" — accused of meddling in the 2016 U.S. presidential election by hacking Democratic Party computers.
The spies' apparent interest in the power grid has driven efforts by the Trump administration to review not just election systems' cyberdefenses, but the defenses of the grid networks needed to keep the lights on at voting booths and process electronic ballots.
"Cyber operations could seek to undermine the integrity or availability of election-related data," warned members of a Justice Department Cyber-Digital Task Force in a report issued earlier this month. "For example, adversaries could employ cyber-enabled or other means to target election-associated infrastructure, such as voter registration databases and voting machines, or to target the power grid or other critical infrastructure in order to impair an election."
What once seemed a far-fetched threat to election systems has taken on new urgency as suspected Russian hackers show sustained interest in interfering with U.S. computer systems.
Last week, Sen. Claire McCaskill (D-Mo.), considered an electorally vulnerable incumbent in the upcoming midterm elections, confirmed that one of her staffers was targeted by a "phishing" email linked to Russia's Main Intelligence Directorate. The attempted intrusion was first reportedby The Daily Beast.
"Russia continues to engage in cyber warfare against our democracy," McCaskill said in a statement Thursday. "I will continue to speak out and press to hold them accountable. While this attack was not successful, it is outrageous that they think they can get away with this."
Russian officials, including the country's president, Vladimir Putin, have repeatedly denied U.S. intelligence agencies' findings that they've directed cyberattacks on U.S. targets, from state election systems to the power grid.
President Trump has at times backed Putin's assertions that Russia did not meddle in the 2016 federal elections, only to roll back his comments and side with the U.S. community later. Trump warned recently on Twitter that he expects Russia to attempt to have an impact during this election cycle — to tip the scales toward Democrats.
"I'm very concerned that Russia will be fighting very hard to have an impact on the upcoming Election," he said. "Based on the fact that no President has been tougher on Russia than me, they will be pushing very hard for the Democrats. They definitely don't want Trump!"Security questions get an airing today
Whether Russian hackers attempt to infiltrate election systems or associated grid networks, even a single successful cyberattack on one of the 16 federally designated "critical infrastructure" sectors would trigger a tsunami of debate about the status of U.S. cyberdefenses.
A successful cyberattack on a local electric utility or gas pipeline that caused even a limited blackout would spur demands for new policies and more answers to the cybersecurity questions that have largely gone unanswered in unclassified forums.
Many of those questions will come to the fore during a DHS conference in New York City today, set to include senior homeland security officials, Energy Secretary Rick Perry, and several natural gas and utility CEOs. The event will feature a nonpublic panel discussion on "protecting national critical functions," among other topics.
"The Department of Energy, Department of Homeland Security and national labs have been working this challenge with utilities for nearly two decades," Andrew Bochman, senior cyber and energy strategist for the Energy Department's Idaho National Laboratory, told E&E News. "So we would characterize this event [the Russian campaign] more as a gradual step in the evolution of the threat versus a distinct or disturbing inflection point."
But, Bochman added, there is no reason for complacency or comfort about the threat.
"It is well-known that a persistent, well-funded adversary will get in, and there are several of these," he said. "The attackers are certainly improving, but the good news is that the defenders are, too."
Bochman said DOE's new Cybersecurity, Energy Security, Emergency Response (CESER) office is part of the federal effort to improve the speed and quality of government and industry collaboration on fast-moving threats. "While we cannot protect everything, by teaming more closely we can better protect the most important electric sector elements, as well as the grid as a whole," he said.
The Federal Energy Regulatory Commission has also moved to shore up security standards for the utility industry's supply chain of software and hardware components, through requirements set by the North American Electric Reliability Corp., which oversees the nation's bulk power system.
But FERC and NERC rules only apply to large power utilities, leaving out smaller companies known to have come under scrutiny from Russian hackers.
"We responded to organizations that were just a couple dozen of employees; we responded to a very, very large organization that covers a significant portion of the United States," Homer said during yesterday's briefing. "The size of the organization was not a determinate factor in whether they were targeted or not, in whether the threat actor wanted to get into those networks."
In one of the few confirmed instances of a cyber-enabled power outage globally, Russian hackers wrenched control of operational networks from three Ukrainian distribution utilities in 2015. The resulting blackout lasted only a few hours, but the playbook the attackers use — first "phishing" targets' corporate networks, then moving laterally into the control environment — appears to have been replicated in the U.S.-focused campaign.
Tom Alrich, a cybersecurity consultant who closely follows FERC's cyber regulation program, said it's not clear whether the federal rules on supply chain vulnerabilities can be effective, or whether U.S. regulators will ever write rules specifically covering "phishing" threats.
In an interview, Alrich said the Russian campaign exposes challenges to the federal cyber regulation of the high-voltage networks. To break into power utilities, the Russian hackers sought out the weakest link by targeting vendors that supply and maintain critical utility equipment or controls, rather than the utilities themselves.
Still, he said in a blog post that the recently disclosed hacking activity hasn't shown Russian hackers making "significant headway."
"While the utilities need to step up their efforts even further — and they are doing so — there is no need for Americans to lose sleep worrying whether a major cyber attack will bring down the U.S. power grid," Alrich said. "It isn't going to happen."
DHS officials have similarly offered assurances that the integrity of the U.S. grid was never in danger during the most recent campaign.
Rick Driggers, DHS's deputy assistant secretary for cybersecurity and communications, said yesterday that "DHS and the FBI found no evidence that the responsible actor — the Russian government — took any steps to threaten to shut down the electric grid.
"While hundreds of energy and non-energy companies were targeted, the incident where Russian government gained access to the industrial control system involved a very small generation asset that would not have impact on the larger grid if taken offline," he said.
https://www.eenews.net/energywire/2018/07/31/stories/1060091639
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Schumer Calls on Metro-North to Implement Positive Train Control
Jul 31, 2018 | News 12 Westchester
Metro-North has still not taken any action to implement potentially lifesaving technology on its trains, U.S. Sen. Charles Schumer said Monday in New Rochelle.
Positive train control is a system that can be used on railroads to prevent collisions caused by excessive speed and human error. Congress 10 years ago required all passenger railroads to fully implement PTC by the end of 2015.
Even though the deadline was extended to the end of 2018, Metro-North has asked for even more time from the Federal Railroad Administration, which Schumer calls disturbing and disappointing. He says the agency must publish its delayed schedule now.
Almost five years ago, a Metro-North train crash in the Bronx left four people dead. The train operator was found to have suffered from sleep apnea.
Metro-North said in a statement that it expects to file paperwork in the fall and be in full compliance with federal regulations by the end of the year.
http://westchester.news12.com/story/38768615/schumer-calls-on-metro-north-to-implement-positive-train-control
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(ACC Mentioned) Guest Comment: Iowa Senators Should Approve Kigali Amendment
Jul 31, 2018 | Quad City Times
By Jeanita McNulty
In recent months, there has been quite a bit of debate around global trade and how our current agreements have impacted families and communities across the country. Often, these conversations focus on whether we should create and protect jobs here in the United States or work together with our international allies. While that is a critical consideration for any trade negotiation, there are agreements that can accomplish both goals.
The Kigali Amendment is one such agreement. This amendment is an update to the Montreal Protocol, which is an international agreement originally developed and ratified when President Ronald Reagan was in office. Bottom line, the Kigali Amendment will result in $5 billion in additional American exports and 150,000 new domestic jobs, including more than 33,000 direct manufacturing positions, according to a recently released study. With the ongoing challenges in our manufacturing sector and more jobs being outsourced every year to low wage countries, this agreement will help American blue collar workers and American companies.
One of the reasons President Donald Trump became our president is that he promised to fight for American workers, and to only support trade deals that were good for the American people and especially American manufacturing workers. The Kigali Amendment clears the high bar the President has set for something to earn his support. I hope he evaluates the deal, reaches the same conclusion I have about how it is a win for America, and decides to send it to the U.S. Senate for ratification.
The Kigali Amendment is related to the technologies used in heating, air conditioning and refrigeration. Since first developed by American innovators, our nation has been the global leader in this marketplace and is already at the forefront in developing the next generation cooling technologies that will be used in homes and businesses across the globe in the coming years. With population growth, the international marketplace around this industry will more than double over the next ten years. Since the U.S. has always been the global leader in this area, we expect this expanded market will increase demand for American made products, technologies, and expertise. However, that depends on whether or not the Kigali Amendment is ratified in the Senate.PauseCurrent Time0:00/Duration Time0:00Stream TypeLIVELoaded: 0%Progress: 0%0:00Fullscreen00:00Mute
Right now, global trade practices in this industry have been unfair and illegal. The U.S. International Trade Council found that Chinese firms dumped millions of cheap coolants into our market. The Kigali Amendment will provide greater protections against these practices to ensure competition and trade practices are fair to everyone, including American workers.
As past chairwoman of the National Federation of Republican Women Armed Services Committee, I’m keenly aware of the struggle that some men and women in our military have finding employment. Many of these manufacturing jobs that could potentially be created by the Kigali Amendment are perfect for veterans. Manufacturing employers are often looking for new employees that are proven leaders and perform well under pressure. All of these are qualities we can find with our veterans.
A wide range of individuals and organizations support the Kigali Amendment, including the U.S. Chamber of Commerce, the National Association of Manufacturers, the American Chemistry Council, the American Council for Capital Formation, and a group of 13 Republican members of the U.S. Senate. As president, Donald Trump has been fighting for just this type of agreement. I hope he will call on the U.S. Senate to ratify the Kigali Amendment so we can rebuild America’s manufacturing base, grow jobs, and maintain our global leadership position in this critical industry.
https://qctimes.com/news/opinion/guest-comment-iowa-senators-should-approve-kigali-amendment/article_d21b2aff-2034-5dc7-8642-58956cffafed.html
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U.S. Supreme Court Won’t Halt Teenagers’ Climate-Change Lawsuit
Jul 30, 2018 | BNA Daily Environment Report
By Greg Stohr
The U.S. Supreme Court refused to halt a novel and sweeping lawsuit pressed by children and teenagers seeking to force the federal government to take steps against climate change.
Rejecting a Trump administration request, the high court let the case proceed toward a trial that’s scheduled for later this year. The administration sought to block further progress on the 3-year-old Oregon case until a federal trial judge acts on the government’s bid to throw out the lawsuit.
The justices’ order said the administration’s request was premature. The court added that breadth of the lawsuit’s claims was “striking” and the question of whether they can be decided by a court “presents substantial grounds for difference of opinion.” The justices said the trial judge should take those matters into account in considering whether to make a “prompt ruling” on other government efforts to end the lawsuit.
The group of mostly teenagers say government policies have exacerbated global warming in violation of their constitutional rights and those of future generations. They want the government to put in place a plan to phase out carbon emissions and stabilize the Earth’s climate.
The Trump administration faulted the trial judge for letting the case go forward, saying she had endorsed “a never-before-recognized fundamental right to a particular climate system that lacks any support in the Constitution, this court’s precedents, or this nation’s history and tradition.“
The Trump team inherited the case from the Obama administration, which had similarly tried to have the case thrown out.
The lawyers pressing the case said the government was trying to short-circuit the usual litigation process. They contended that “the harm to the climate system threatens the very foundation of life, including the personal security, liberties, and property” of the youths involved in the case.
The case is United States v. U.S. Dist. Ct., U.S., No. 18A65, 7/30/18.
https://news.bloombergenvironment.com/environment-and-energy/us-supreme-court-wont-halt-teenagers-climate-change-lawsuit
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In Blow to Trump, Justices Won't Halt Kids' Climate Case
Jul 30, 2018 | E&E News PM
By Amanda Reilly
The Supreme Court denied the Trump administration's long-shot bid today to halt a high-profile lawsuit brought by youth plaintiffs over the government's role in causing climate change.
In a brief order, the court called the administration's emergency application to stay discovery and a scheduled trial "premature."
The denial of the request could be Justice Anthony Kennedy's last action on the high court. His retirement is effective tomorrow.
A group of youth plaintiffs, currently ranging from ages 11 to 22, initially brought the suit against the Obama administration, alleging that the government had violated its duty to protect the public trust by ensuring that the atmosphere, water, seas, seashore and wildlife are safe for future generations.
The government — first the Obama administration and then the Trump administration — has tried several times to quash the suit. Both the U.S. District Court for the District of Oregon and the 9th U.S. Circuit Court of Appeals have greenlighted the suit.
The application to the Supreme Court was seen as a last-ditch effort to halt what plaintiffs have termed the "trial of the century" beginning in late October in front of the district court.
The administration presented its stay application to Kennedy, as he has been the justice who oversees the 9th Circuit. Kennedy referred the government's request to the full court.
While it rejected the administration's request, the Supreme Court appeared to recognize the substantial scope of the litigation.
The "breadth" of the claims brought by the youth plaintiffs is "striking," the court noted.
"The justiciability of those claims presents substantial grounds for difference of opinion," the order says. "The District Court should take these concerns into account in assessing the burdens of discovery and trial."
Justices also called on the district court to promptly rule on motions that the government has filed, including a bid to remove President Trump from the lawsuit and assertions that the plaintiffs' constitutional claims can't be heard by the courts.
https://www.eenews.net/eenewspm/2018/07/30/stories/1060091649
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Supreme Court Denies Trump Admin Request to Halt Youth Climate Lawsuit
Jul 30, 2018 | The Hill - E2 Wire
By Timothy Cama
The Supreme Court on Monday denied the Trump administration’s plea to halt proceedings in a landmark lawsuit by young people seeking stronger federal action on climate change.While rejecting the government’s request to stop the discovery process of obtaining evidence and depositions, the High Court nonetheless lodged criticisms of the case, which is known in lower courts as Juliana v. United States.
“The breadth of respondents’ claims is striking, however, and the justiciability of those claims presents substantial grounds for difference of opinion,” the justices wrote in the Monday notice, asking the District Court for the District of Oregon, where the case is pending, to consider those facts.
The Justice Department turned to the Supreme Court earlier this month to halt discovery after both the Oregon court and the San Francisco-based U.S. Court of Appeals for the 9th Circuit turned down their pleas to stop the case’s progression.
Administration attorneys sent their Supreme Court petition last month to retiring Justice Anthony Kennedy. He referred it to the full nine-justice court for a vote.
Monday’s order did not say how the justices voted, but a five-justice majority is necessary for the kind of stay the administration wanted.
The case was filed in 2015 by 21 child and young adult plaintiffs, represented by climate activist and scientist James Hansen. They argue that the federal government, led at the time by President Obama, needs to take stronger action against global warming.
Federal officials have tried at numerous steps to stop the case or the discovery process.
“This suit is an attempt to redirect federal environmental and energy policies through the courts rather than through the political process, by asserting a new and unsupported fundamental due process right to certain climate conditions,” the Justice Department wrote last month to the Supreme Court.
“Absent relief from the Ninth Circuit or this Court, the government will be forced to participate in a highly compacted period of discovery and trial preparation followed by a 50-day trial, all of which will itself violate bedrock limitations on agency decisionmaking and the judicial process.”
The denial by the 9th Circuit earlier this month was the second time the administration has sought an extraordinary order from that court to block discovery.
“We denied the government’s first mandamus petition, concluding that it had not met the high bar for relief at that stage of the litigation,” that court's judges wrote. “No new circumstances justify this second petition, and we again decline to grant mandamus relief.”
http://thehill.com/policy/energy-environment/399562-supreme-court-denies-trump-admin-request-to-halt-youth-climate
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$2.4 Billion Climate Adaptation Bill Poised to Pass in Massachusetts
Jul 30, 2018 | BNA Daily Environment Report
By Adrianne Appel
Massachusetts is on its way to borrowing $2.4 billion to safeguard its shoreline and communities against climate change-related storms and sea level rise.
The Massachusetts Senate is poised to act July 30 on a massive compromise bond bill after it cleared the House July 27. The bill, which was drafted by a House-Senate conference committee, is expected to pass before lawmakers adjourn for the year at midnight July 31. Conference committee bills can only be voted up or down and cannot be amended.
Gov. Charlie Baker (R) originally proposed a $1.4 bond bill and was expected to approve the final compromise bill, despite its hefty expansion. Baker lives in the coastal community of Swampscott and he introduced the measure in March after the state was hit with three major storms in a row that hammered his town and others nearby.
The bond would put money behind Baker’s 2016 Executive Order 569, which included a roadmap addressing climate through emissions caps, energy planning, and making communities more resilient.
Baker’s staff didn’t respond to requests for comment by Bloomberg Environment about the compromise environmental bond bill.
Sea Walls, Open SpaceThe conference committee bill approved by the House would authorize $225 million for coastal resource protection, open space preservation, and land and soil conservation. It would authorize $100 million for sea walls, jetties, and planting sea grass and using other measures to protect Massachusetts’ coasts from storm surges. Towns could receive about $110 million to draft plans for preparing against flooding, wind and extreme weather.
State and town dams would receive $85 million for repairs and maintenance.
The Massachusetts Audubon Society strongly supports the compromise bill, which includes a $30 million authorization for the state to purchase coastal properties that have repeatedly been hit by storms, spokesman Jack Clarke told Bloomberg Environment July 27.
“We’ve been working on this funding since 1980,” Clarke said.
No Plastic Bag BanThe Senate version of the bond bill had included a statewide ban on single-use plastic bags. House conferees wouldn’t agree to it, and it was dropped from the final draft bill, Rep. William “Smitty” Pignatelli (D), a member of the conference committee, told reporters July 27.
The Massachusetts Chapter of the Sierra Club was “very disappointed” that the bag ban isn’t in the final draft bill, Emily Norton, Massachusetts director of the group, said July 27 in a statement.
The Sierra Club has received funding from Bloomberg Philanthropies, the charitable organization founded by Michael Bloomberg. Bloomberg Environment is operated by entities controlled by Michael Bloomberg.
One-third of Massachusetts towns have bans in place on the bags, which can harm or kill marine animals, Norton said. The organization would continue fighting for a statewide ban, Norton said.
Water QualityThe bond bill also includes authorizations for efforts seemingly unrelated to climate change, such as $150 million for projects to improve air and water quality and $45 million for cleaning up hazardous materials.
The bill went into the House-Senate conference committee with $1.4 billion in spending authorization and emerged with another $1 billion, mostly in “earmarks” for pet projects of lawmakers throughout the state.
“It’s all local earmarks,” Clarke said.
https://news.bloombergenvironment.com/environment-and-energy/24-billion-climate-adaptation-bill-poised-to-pass-in-massachusetts
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EPA Seeks Candidates for Ozone Review Panel
Jul 30, 2018 | E&E News PM
By Sean Reilly
EPA is searching for candidates for an advisory panel to aid in a newly launched review of its national ground-level ozone standard.
The review panel will offer advice on the "scientific and technical aspects" of air quality criteria, according to a Federal Register notice released Friday that sets an Aug. 17 deadline for nominations.
EPA is looking for people with expertise in atmospheric science and chemistry, epidemiology, and other disciplines.
The ad hoc panel will work with the Clean Air Scientific Advisory Committee, the seven-member body formally charged with providing outside expertise to EPA on air pollution standards.
The current ozone limit, set is 2015, is 70 parts per billion. Under the Clean Air Act, the agency is supposed to assess the standards for ozone and five other common pollutants every five years.
EPA had announced the fresh review last month under a fast-track timetable that calls for its completion by the statutory deadline of October 2020 (Greenwire, June 25).
Recently adopted ground rules will require consideration of potential energy and economic effects. Under a separate policy put in place last fall, current EPA grant recipients are generally barred from serving on agency advisory committees, potentially limiting the pool of nominees for the ozone standard review panel.
https://www.eenews.net/eenewspm/2018/07/30/stories/1060091627
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New York City to Appeal Climate Nuisance Suit Dismissal
Jul 30, 2018 | Inside EPA
New York City will appeal a ruling by a federal district court judge dismissing its lawsuit seeking to recoup climate change-related damages from major oil companies, becoming the first city to move to take the issue to a higher court following a series of other dismissals of similar litigation.
Attorneys for Mayor Bill di Blasio gave notice in a July 26 filing that they will seek review by the U.S. Court of Appeals for the 2nd Circuit of Judge John Kennan's July 19 ruling to dismiss their case, City of New York v. BP, et al. However, an attorney says the city has not yet filed anything with the appellate court.
Keenan is the second federal district judge to dismiss a climate nuisance claim, after a rash of filings by cities, counties and one state seeking damages from fossil fuel producers.
A federal district judge in California dismissed a similar suit by San Francisco and Oakland, based on many of the same reasons, though the cities have not said they intend to appeal.
Most of the governments are seeking to bring these cases in state courts, and the companies are seeking to remove them to federal court. The city of Baltimore most recently filed a climate suit against oil companies in state court that the defendants say they intend to seek to move to federal court.
Another case in California brought by San Mateo and other counties is moving forward in state court after a different federal district judge rejected industry efforts to move it to federal court, but the oil companies are appealing that decision to the 9th Circuit.
https://insideepa.com/daily-feed/new-york-city-appeal-climate-nuisance-suit-dismissal
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