Preview Newsletter
PM ACC Clips Report - October 3, 2018
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(ACC Mentioned) Congress Passes Act to Reduce Marine Debris
Oct 3, 2018 | Waste360
The act calls on the federal government to help support waste management solutions to reduce marine pollution. -
(ACC Mentioned) Plastic Makers Endorse New G7 Innovation Challenge To Address Marine Plastic Litter
Oct 2, 2018 | Recycling Product News
Plastics makers in Canada and the U.S. have endorsed the G7 Innovation Challenge to Address Marine Plastic Litter. -
(ACC Mentioned) Lawmakers pass ‘Save Our Seas Act’
Oct 3, 2018 | Plastics Recycling Update
By Jared Paben
Congress has passed a bill reauthorizing a marine debris program. The legislation also asks President Trump to work with other countries on international waste management solutions. -
(ACC Mentioned) Scrap Plastic Sampling And Sorting Guidelines Released
Oct 3, 2018 | Plastics Recycling Update
By Jared Paben
Public and private entities regularly sample waste streams to glean data on the plastics that could be captured for recycling. Now, guidelines have been developed to standardize the process so results can be compared. -
(ACC Mentioned) Major U.S. And European Plastics Recycling Conferences Join Forces
Oct 3, 2018 | Plastics Recycling Update
By Editorial
Two of the largest recycling events in the United States and Europe have formed a strategic alliance. The move brings together the U.S.-based Plastics Recycling Conference and the Plastics Recycling Show Europe (PRSE) as the recycling of plastics takes on increasing global importance. -
Global Chemicals Industry And UN Agree Circular Economy Principles
Oct 3, 2018 | Chemical Watch
By Leigh Stringer
The International Council of Chemicals Associations and UN Environment have agreed a common understanding on what is needed to achieve a circular economy. -
California Prop 65 Requirements Trigger Compliance Confusion
Oct 3, 2018 | Chemical Watch
More than a month after updated warning requirements came into force for California’s Proposition 65, the regulated community is still grappling with the changes and a new wave of private enforcement litigation looms. -
N.Y. Council Delays Action On Contaminant Limits
Oct 3, 2018 | Associated Press (In E&E Greenwire)
The deadline for a New York state council to report on recommended limits for several emerging contaminants in drinking water has passed without any regulations proposed. -
EPA To Hold Mich. Roundtable On PFAS This Week
Oct 3, 2018 | E&E Greenwire
By Courtney Columbus
EPA announced this morning that it's holding a public roundtable event in Michigan on Friday about harmful chemicals known as PFAS that have contaminated local drinking water. -
9th Circuit Keeps PCB Tort Case In State Court
Oct 3, 2018 | Inside EPA
The U.S. Court of Appeals for the 9th Circuit has rejected chemical giant Monsanto Company's efforts to move state tort litigation seeking millions of dollars in damages and cleanup costs resulting from polychlorinated biphenyl (PCB) contamination from state to federal court. -
German REACH Registration Project Finds Low Compliance Rates
Oct 3, 2018 | Chemical Watch
Checks on more than 3,800 REACH dossiers in Germany have found that more than two thirds are non-compliant. -
New EPA Rule Strikes Language Listing Impact Of Climate Change On Children
Oct 3, 2018 | The Hill - E2 Wire
By Miranda Green
The Trump administration’s latest rule weakening the way a greenhouse gas is regulated in cooling units also strips out language on how climate change affects children, new documents show. -
California Extends Fuel Standards, 2030 Carbon Reduction Goals
Oct 3, 2018 | Natural Gas Intelligence
By Richard Nemec
The California Air Resources Board (CARB) extended the state's low carbon fuel standard (LCFS) to 2030, increasing the carbon reduction goal from 10% to 20%. -
EDF, Allies Present D.C. Circuit with Arguments for Closing “Toxic Loophole”
Oct 2, 2018 | Environmental Defense Fund
Environmental Defense Fund (EDF) and a coalition of seven other environmental, environmental justice, and public health organizations are asking the courts to close adamaging new EPA loophole for toxic air pollution. -
Trump EPA Asks Judges To Uphold 'Reasonable' Obama Rule
Oct 3, 2018 | E&E Greenwire
By Sean Reilly,
The Trump administration defended Obama-era rules to curb ozone-forming pollution that wafts across state lines in court today as critics prodded federal judges to reject the regulations. -
Ill. Governor Seeks Plant Shutdown After Downplaying Risks
Oct 3, 2018 | Associated Press (In E&E Greenwire)
Ill. Gov. Bruce Rauner (R) is now calling for the shutdown of a suburban Chicago plant suspected of emitting chemically polluted fumes that could elevate the risk of cancer.
Industry and Association News
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Transportation and Infrastructure News - There are no clips to report at this time.
Environment News
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(ACC Mentioned) Congress Passes Act to Reduce Marine Debris
Oct 3, 2018 | Waste360
The act calls on the federal government to help support waste management solutions to reduce marine pollution.
This week, Congress unanimously passed the Save Our Seas Act of 2018, and the move has been lauded by the Plastics Industry Association and the American Chemistry Council.
The act reauthorizes the National Oceanic and Atmospheric Administration’s Marine Debris Program and calls for federal help in supporting waste management solutions to reduce marine pollution. The act includes provisions for Congress to work with foreign waste leaders and to support research, development and investments on systems and materials that reduce the amount of waste that enters the oceans.
The Marine Debris Program will also work on outreach and education strategies with other federal agencies to address sources of marine debris.
Recycling Today has more details:
This week, the Senate and House by unanimous vote passed the Save Our Seas Act of 2018, which reauthorizes the National Oceanic and Atmospheric Administration’s Marine Debris Program and calls for the U.S. government’s help in supporting international waste management solutions to reduce marine debris.
In statements this week, the Plastics Industry Association and the American Chemistry Council, both based in Washington, applauded Congress for passing the Save Our Seas Act. Plastics says the bill will help reduce the amount of waste in the ocean and promote recycling in developing nations, as well as enhance research and development that could help spur innovation to reduce marine debris.
Cal Dooley, president and CEO of ACC, testified this week at the Senate’s hearing on Cleaning up the Oceans: How to reduce the impact of man-made trash on the environment, wildlife and human health.
https://www.waste360.com/legislation-regulation/congress-passes-act-reduce-marine-debris
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(ACC Mentioned) Plastic Makers Endorse New G7 Innovation Challenge To Address Marine Plastic Litter
Oct 2, 2018 | Recycling Product News
Plastics makers in Canada and the U.S. have endorsed the G7 Innovation Challenge to Address Marine Plastic Litter. The Innovation Challenge will incentivize the development of new technology and processes, generate new ideas and build on the successes and innovations happening now in the plastics value chain.
"Plastics don't belong in the natural environment, especially oceans," said Carol Hochu, President and CEO, Canadian Plastics Industry Association. "By working together with a focus on solutions, as we have here in Halifax, we all can improve the use and reuse of plastics."
"Achieving goals through the lifecycle of plastics requires the discovery and adoption of new technologies and improved processes. The G7 Innovation Challenge, along with our industry's focused targets, sets us all on a better path to getting plastics out of the marine environment," said Bob Masterson, President and CEO of the Chemistry Industry Association of Canada.
The Innovation Challenge is a positive step toward accelerating the kind of collaboration that is already happening:
• Earlier this year, plastic makers in Canada and the U.S. announced targets for 100 per cent of plastics packaging being re-used, recycled and recovered by 2040, and 100 per cent of plastics and packaging being recyclable or recoverable by 2030.
• Since 2011, the plastics industry have been implementing a global declaration to develop solutions for marine plastic litter. Today, more than 75 plastics associations in 40 countries have signed on to the declaration, and cumulatively they have undertaken 355 projects to help address plastic waste.
• Operation Clean Sweep, an initiative to keep plastics pellets, flake and powders out of the environment, has now been adopted by industry associations in 33 countries.
• Industry innovation in recycling and recovery is capturing more post-use plastic waste and turning it into valuable new materials and processed fuels.
"The Innovation Challenge is a welcome positive reinforcement of the direction the global plastics industry is moving, bringing solutions to the largest sources of ocean plastics, said Steve Russell, Vice President of Plastics for the American Chemistry Council."Marine debris is a global issue, but through the coordinated effort of industry, governments and NGOs we can strengthen recovery systems and prevent the loss of any plastics," said William R. Carteaux, President & CEO, Plastics Industry Association (PLASTICS). "We are committed to being part of the solution. If we're serious about solving the problem of marine debris, we need to invest in recycling infrastructure and innovations that make it easier for everyone to dispose of plastic products properly."
https://www.recyclingproductnews.com/article/29121/plastic-makers-endorse-new-g7-innovation-challenge-to-address-marine-plastic-litter
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(ACC Mentioned) Lawmakers pass ‘Save Our Seas Act’
Oct 3, 2018 | Plastics Recycling Update
By Jared Paben
Congress has passed a bill reauthorizing a marine debris program. The legislation also asks President Trump to work with other countries on international waste management solutions.
The U.S. Senate and House of Representatives last week voted by unanimous consent to approve the “Save Our Seas Act of 2018.” The American Chemistry Council (ACC) released a statement praising its passage and calling on President Trump to sign it into law.
“We have long supported the ‘Save Our Seas Act,’ bipartisan, bicameral legislation that will focus U.S. resources, technologies and investments in places where they are needed most,” ACC President and CEO Cal Dooley said in a statement. “Recent studies show ocean plastics most often result from poor waste management infrastructure, including insufficient collection, recycling and recovery facilities in rapidly developing countries.”
The bill was introduced Sept. 26 and passed the next day.
https://resource-recycling.com/plastics/2018/10/03/lawmakers-pass-save-our-seas-act/
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(ACC Mentioned) Scrap Plastic Sampling And Sorting Guidelines Released
Oct 3, 2018 | Plastics Recycling Update
By Jared Paben
Public and private entities regularly sample waste streams to glean data on the plastics that could be captured for recycling. Now, guidelines have been developed to standardize the process so results can be compared.
The Association of Plastic Recyclers (APR) this week unveiled the best management practices for sorting plastics during waste characterization studies. A Sept. 26 webinar introduced the standards to the industry.
Plastic waste characterization studies involve scooping samples of garbage or recyclables, sorting out the plastics and weighing them. The data helps reclaimers, materials recovery facility (MRF) operators, public recycling programs, state governments and others understand what’s in the plastic stream and how it’s changing over time. For reclaimers, it can also help inform decisions on capital investments to maximize recovery and, thus, revenue.
The problem is not all studies categorize and sort plastic items the same way, making comparisons difficult or impossible. APR’s best management practices are intended to provide standardization.
“What we know is that there’s a loss of clarity when we diverge from standards, so we can’t necessarily compare like items to like items if we’re not calling them and dividing them and sorting them in the same way,” Tonya Randell of More Recycling said during the webinar.
More Recycling conducts industry surveys to gather data for national plastics recycling reports, so the consulting film understands the importance of apples-to-apples comparisons, she said.
“The best management practices help us with better comparisons across the board,” she said.‘A great idea because it allows consistency’
Liz Bedard of APR and Stacey Luddy of More Recycling took the lead in creating the best management practices, with input from Cascadia Consulting, MSW Consultants, RSE USA, RRS and SCS Global Services. They were developed with support from the American Chemistry Council (ACC).
The effort started a couple of years ago, Bedard said, when APR’s Rigids Committee gathered various waste characterization studies and found the results couldn’t be compared. For example, one study may have sorted PET into eight different subcategories while another used four.
“Without that consistency, without that ability to compare, it was impossible for us to understand trends,” she said.
APR’s standards broadly place plastics into five categories: PET and HDPE bottles and jars, Nos. 3-7 bottles and small rigids, bulky rigids, film and flexibles, and other plastics.
Three sorting levels are provided, depending on how extensive a study is desired and how much money is available to pay for it. Level 1 means separating plastics into eight sub-categories, level 2 involves 17, and level 3 involves 29.
“These categories are based on marketable bales,” Bedard said. “We want this to very much be based on reality, what’s happening out there in the real world.”
The number of sub-categories varies. For example, all three levels require separating PET/HDPE into three sub-categories: PET, HDPE natural and HDPE color. “Those are the commodities that are really being pulled out by just about every program in the United States,” Randell said.
But the number of sub-categories jumps substantially in the 3-7s category – from one in level 1 up to 18 in level 3 – simply because of the huge variety of plastics in the 3-7 category.
Stacey Demers of SCS Engineers explained that the more categories you have, the more time it takes and, generally, the more expensive it becomes. Her firm conducts waste characterization studies for municipalities, states, businesses and institutions.
“Every time we do a different study, there’s always a different list of materials. Sometimes they’ve copied it from another study they’ve seen. Sometimes it’s just curiosity. Sometimes they’re not even sure why they have those categories,” she said. “So having … the best management practices put out for the different categories, I think, is a great idea because it allows consistency. It allows material that can fit into categories to help municipalities know the percentage of recyclable plastics that’s in their waste stream and what their program needs to target later on.”
https://resource-recycling.com/plastics/2018/10/03/scrap-plastic-sampling-and-sorting-guidelines-released/
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(ACC Mentioned) Major U.S. And European Plastics Recycling Conferences Join Forces
Oct 3, 2018 | Plastics Recycling Update
By Editorial
Two of the largest recycling events in the United States and Europe have formed a strategic alliance. The move brings together the U.S.-based Plastics Recycling Conference and the Plastics Recycling Show Europe (PRSE) as the recycling of plastics takes on increasing global importance.
The alliance brings together four key stakeholders:Resource Recycling Inc. of Portland, Ore.The Association of Plastic Recyclers of Washington, D.C.Crain Communications Inc. of DetroitPlastics Recyclers Europe of Brussels
“Plastics recycling is a worldwide industry. It makes sense to bring together the two biggest organizers in this space for the benefit of our exhibitors and attendees. It’s our collective hope that this will expand the opportunities for education and industry development,” said Brennan Lafferty, vice president at Crain Communications. Crain owns the Plastics Recycling Show Europe in a joint venture alongside industry group Plastics Recyclers Europe (PRE), which represents 80 percent of the plastics recycling content generated in Europe.
“I attended PRSE and was immensely pleased by the number and quality of the attendance, plus the depth of the accompanying speaker agenda. We’re very pleased to work together in providing the leading plastics recycling events in Europe and North America,” said Jerry Powell, the president of the Plastics Recycling Conference, which is owned by Resource Recycling Inc.
The Plastics Recycling Conference will hold its 14th annual event in March 2019 just outside Washington, D.C. The event draws 2,000 attendees annually alongside more than 200 exhibitors, 120 sponsors and 60 speakers.The Association of Plastic Recyclers (APR) supports the event and holds its annual committee meetings at the conference. APR represents companies who acquire, reprocess and sell the output of more than 90 percent of the post-consumer plastic container processing capacity in North America.
The Plastics Recycling Show Europe will host its third annual event in April 2019 at the RAI Amsterdam in The Netherlands. The event draws 1,400 attendees, more than 100 sponsors and exhibitors, 30 conference speakers and an awards ceremony recognizing advancements in European plastics recycling.
”The alliance will further boost plastics recycling initiatives, developments and projects on the global level,” said Ton Emans, president, Plastics Recyclers Europe. “These initiatives, including the Global Coalition to Harmonize Testing Protocols launched by PRE together with APR last year, are needed to streamline the plastic industry practices worldwide and to fight the marine litter more effectively.”
“As a longtime partner with Resource Recycling’s Plastics Recycling Conference, APR is pleased to learn that Crain Communications and Plastics News have entered into an agreement with Plastics Recycling Europe and the Plastics Recycling Conference to promote both events,” said Steve Alexander, APR president. “APR’s work with PRE to create a global definition of plastics recyclability and the Global Plastics Protocol have reinforced the importance of these broader collaborations, and will only serve to enhance the viability of plastics recycling as an industry on a worldwide scale.”
The alliance of these two recycling events also brings together important media partners. Plastics Newsand Plastics News Europe support the Plastics Recycling Show Europe. Resource Recycling magazine and Plastics Recycling Update support the Plastics Recycling Conference.
Other industry bodies supporting the Plastics Recycling Show Europe include the European Association of Plastics Recycling & Recovery Organisation (EPRO), European Plastics Converters, Petcore Europe, Plastics Europe and Vinyl Plus.
In addition to its longtime connection to APR, the Plastics Recycling Conference is supported by a number of industry groups, including the American Chemistry Council, the Institute of Scrap Recycling Industries and the National Association for PET Container Resources.
https://resource-recycling.com/plastics/2018/10/03/major-u-s-and-european-plastics-recycling-conferences-join-forces/
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Global Chemicals Industry And UN Agree Circular Economy Principles
Oct 3, 2018 | Chemical Watch
By Leigh Stringer
The International Council of Chemicals Associations and UN Environment have agreed a common understanding on what is needed to achieve a circular economy.
The two organisations met in China in September with the aim of finding out how the circular economy relates to the sound management of chemicals and waste. They also identified circular economy principles, opportunities, challenges and recommendations for policy makers.
Among these, it was agreed that a circular economy:can only be realised if the sound management of chemicals and waste is in place;requires sharing more knowledge and information on substances, compared with a linear system; andneeds collaboration at different levels, across the value chain, and involving academia, industry, government and the financial sector.
The meeting also highlighted that article manufacturers, brand owners and local communities should "not be overlooked".
Enabling policies that consider all stages of a product's life, including "a closure of loops at the end-of-life, while being transparent, risk-based and flexible in nature" are also needed.
A broad range of stakeholders and experts involved in the UN’s voluntary chemicals programme, the Strategic Approach to International Chemicals Management (Saicm), attended the meeting.
Outcomes will feed into a series of discussions – known as the intersessional process – on whether Saicm should continue beyond its 2020 mandate, or be replaced with an alternative framework. The third and final meeting will be held in February 2019. The organisations also hope that the conclusions will be considered at the national level.
"We’ve reached a common understanding that a circular economy is one in which resources and materials are continuously cycled to eliminate waste while creating value for all," said a spokesperson for Cefic, the ICCA’s secretariat.
https://chemicalwatch.com/70684/global-chemicals-industry-and-un-agree-circular-economy-principles
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California Prop 65 Requirements Trigger Compliance Confusion
Oct 3, 2018 | Chemical Watch
More than a month after updated warning requirements came into force for California’s Proposition 65, the regulated community is still grappling with the changes and a new wave of private enforcement litigation looms.
The law, which requires businesses to provide warnings to consumers exposed to any of more than 900 listed carcinogens and reproductive toxicants, was amended significantly in 2016.
After a two-year phase-in, the requirements for what constitutes a ‘clear and reasonable warning’ took effect on 30 August. But attorneys and the state agency that oversees the regulation, the Office of Environmental Health Hazard Assessment, said confusion remains.
Sam Delson, an Oehha spokesperson, said the agency continues to receive many calls and emails, although the volume has decreased significantly compared with the final weeks preceding full implementation.
Mr Delson said a "surprising number" of queries related to whether warning is required, or not, for a specific product – despite the fact that the new requirements did not change when this must be provided.
The agency also fields a high volume of questions involving warnings in languages other than English and on the internet, which must be provided by online retailers prior to a customer’s purchasing a product for which it is required.
Kim Sim, an attorney with law firm Conkle, Kremer and Engel, told Chemical Watch the new regulations are "very confusing and very complex".
The requirement that manufacturers name at least one substance for which they are providing warning has proven particularly challenging. Determining which one to include "can be tricky for companies to decide", she said. "Is one more scary to the public than another?"
Javaneh Nekoomaram, an attorney with Keller and Heckman, said "most companies" are opting to use a truncated on-product warning that does not require the name of the listed chemical to be included.
But, she said, companies are unclear when this shorter warning can be used. There are also questions about where warnings should be placed or posted in order to be ‘clear and reasonable’, including in internet advertising and catalogues, she added.
Litigation threat lurks
While businesses get to grips with the new requirements, the threat of litigation looms.
A unique aspect to Prop 65 is that private persons or organisations can take legal action against alleged violators of the law, and are awarded 25% of penalties assessed. This has given rise to an active – and often lucrative – litigation scene.
Several attorneys told Chemical Watch that they do not expect an immediate uptick in ‘bounty hunter’ lawsuits as a result of the new requirements. This is because the amended on-product warning requirements only apply to those products manufactured after 30 August, and it may be difficult for a private individual to determine a product’s manufacture date.
But Ms Sim said she expects an upward trend in lawsuits as more private enforcers – and more law firms – enter the ‘cottage industry’ of Prop 65 enforcement: "Unfortunately because certain aspects are not clear, there will probably be increased enforcement activity for some time."
'Low hanging fruit'
Ms Nekoomaram said that the focus of litigation is likely to remain on exposures where no warning is given, but that California may start to see more claims that warnings are inadequate because they deviated from the updated regulations.
"The new safe harbour warning provisions are more particular than the prior standards and companies may miss one of the standard components," she said, such as the pictogram, font size requirements, foreign language requirements, including a URL linking to the Oehha-managed Prop 65 website, or naming a listed chemical. These omissions "may look like low hanging fruit to bounty hunters".
Ms Sim said that a safe harbour warning is exactly that – a form of providing warning that can provide an affirmative defense in a lawsuit. Companies, however, retain the ability to provide different warnings and, if faced with litigation, could argue that the alternative they provided was "clear and reasonable".
But "that’s a risk that most businesses aren’t willing to take," Ms Sim said.
https://chemicalwatch.com/70738/california-prop-65-requirements-trigger-compliance-confusion
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N.Y. Council Delays Action On Contaminant Limits
Oct 3, 2018 | Associated Press (In E&E Greenwire)
The deadline for a New York state council to report on recommended limits for several emerging contaminants in drinking water has passed without any regulations proposed.
Instead, Gov. Andrew Cuomo (D) announced yesterday the state Drinking Water Quality Council will meet Oct. 17 to discuss a recent federal report recommending new minimum levels for polyfluoroalkyl chemicals such as perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS). The chemicals were widely used in nonstick coatings and firefighting foam.
The 12-member council was created by Cuomo and the Legislature in September 2017 after green groups criticized the state's handling of PFOA contamination in Rensselaer County. Statute required the council to recommend contaminant limits within a year.
Cuomo yesterday said $200 million from a fund approved in 2017 is available to help communities address water contaminants.
https://www.eenews.net/greenwire/2018/10/03/stories/1060100421
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EPA To Hold Mich. Roundtable On PFAS This Week
Oct 3, 2018 | E&E Greenwire
By Courtney Columbus
EPA announced this morning that it's holding a public roundtable event in Michigan on Friday about harmful chemicals known as PFAS that have contaminated local drinking water.
Per- and polyfluoroalkyl substances, or PFAS, have been used since the 1940s. In the release announcing the roundtable, EPA lists local and state officials, lawmakers like Rep. Fred Upton (R-Mich.), water utilities, groups and academia as participants.
Community members say the discussion will be a good step forward, but some are concerned about the short notice given by the agency.
James Clift, policy director of the Michigan Environmental Council, said he got the invite yesterday. "We are concerned about the short notice and that they're not getting input directly from the public," he said.
A draft agenda he received doesn't include time for public comment. It includes three topics of discussion: identifying PFAS, communicating PFAS and solutions to PFAS. Each is slotted to last half an hour and includes time for EPA officials to comment and for roundtable invitees to speak.
"My initial reaction is, where does protecting public health fall into those three?" Clift said. "It really does need to be about, how do we protect public health, how do we identify those sites that are presenting risks, and how do we move forward?"
The roundtable is "a chance to hopefully start a longer discussion. This is going to take many, many years to address," he added.
Cathy Wusterbarth, leader of the community action group Need Our Water, similarly criticized the short notice given by EPA.
"If they were really interested in our input, some time would have been given to organize that participation," she told MLive, which reported yesterday on the roundtable. "This seems like a calculated strategy to reduce input and participation."
Bonnifer Ballard, executive director of the American Water Works Association's Michigan section, was also invited to the roundtable. "Although I would have loved more notice, I think it's great that they're having an open meeting," she said.
Three EPA officials are scheduled to be present, including Peter Grevatt, director of EPA's Office of Ground Water and Drinking Water. Grevatt testified at House and Senate hearings on PFAS last month.
At the House hearing, lawmakers from Michigan pressed Grevatt to reschedule a community engagement in the state that had been canceled.
Grevatt said last week at the Senate subcommittee hearing that EPA was planning to hold a roundtable in Michigan. An EPA aide added that the agency was targeting Oct. 5 (E&E Daily, Sept. 27).
EPA has held PFAS community engagement events in five states, including New Hampshire, Pennsylvania and Colorado.
The EPA news release announcing the roundtable said the agency is evaluating whether a maximum contaminant level needs to be set for the PFAS chemicals PFOA and PFOS.
The agency said it's starting the steps required to propose designating PFOA and PFOS as "hazardous substances," is developing groundwater cleanup recommendations, and is developing toxicity values for substances GenX and PFBS.
Spokeswoman Molly Block said, “We hoped there would be broader community engagement, and we were planning for that, but after extensive discussions with the State of Michigan that did not materialize.
“Nevertheless, we look forward to Friday’s roundtable as we continue to address this issue in Michigan and across the nation.”
https://www.eenews.net/greenwire/2018/10/03/stories/1060100427
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9th Circuit Keeps PCB Tort Case In State Court
Oct 3, 2018 | Inside EPA
The U.S. Court of Appeals for the 9th Circuit has rejected chemical giant Monsanto Company's efforts to move state tort litigation seeking millions of dollars in damages and cleanup costs resulting from polychlorinated biphenyl (PCB) contamination from state to federal court.
In an unpublished opinion issued late last month, the court dismissed the company's claims that the case should be heard in federal court because it was ordered by the federal government to produce PCBs -- dealing a blow to its attempt to obtain a more favorable court venue.
“Monsanto argues that it acted under federal authority, because the federal government sponsored, required, and compelled the production of PCBs before, during, and after World War II,” the 9th Circuit panel says. “We disagree.”
The decision in State of Washington v. Monsanto Company, et al. is a win for Washington and other states, eight of which filed an amicus brief backing Washington's bid to keep its suit in state court.
The eight states said they wanted to protect their rights to pursue in state courts their claims enforcing environmental laws against national corporations.
In the appellate case, Monsanto sought to overturn a federal district court decision that ruled King County Superior Court, a state court, has jurisdiction.
The company fears if the suit remains in state court, the state will gain a “home court advantage,” Monsanto said in a brief filed in the case.
The case is the first of what is likely to be several state suits against Monsanto -- the sole manufacturer of PCBs in the United States from 1935-1979 -- for damages and cleanup costs for potentially hundreds of PCB-contaminated sites. In the suit, Washington alleges that PCBs have contaminated multiple waterbodies in the state, and says the state has expended significant funds to identify and lower sources of PCBs entering and contaminating public natural resources.
The litigation -- against a manufacturer of a product for environmental damages due to releases during and after the product's use -- is novel but follows similar actions taken in recent years by cities along the West Coast.
The decision comes after Aug. 29 oral argument in which judges raised doubts about Monsanto succeeding in overturning the lower court's ruling. During argument, Judge William Fletcher noted that Monsanto would need to “show a fair amount of direct control and direction by the government,” and signaled his doubts that the government told Monsanto to conceal risks or directed improper disposal.
The case on appeal centered on whether the federal-officer removal statute applies, although the court reviewed the case de novo. In particular, the court looked to whether there was a "causal nexus" between the plaintiff's claims and the actions the defendant took pursuant to a federal officer's direction. To meet the causal nexus requirement for removal, Monsanto must show “it 'act[ed] under' federal authority” and that those actions were “sufficiently related to plaintiff's claims,” the ruling says.
But the appeals court found that Monsanto invoices for sales of PCB products to the federal government and specifications for products advising the incorporation of PCBs “shows only that the federal government purchased off-the-shelf PCB products from Monsanto and recommended the use of PCBs as a component in defense specifications.” It fails to show the government “supervised Monsanto's manufacture of PCBs or directed Monsanto to produce PCBs in a particular manner, so as to come within the meaning of 'act[ed] under.'”
Second, it says, other documents Monsanto produced show the company “received tax incentives for producing PCBs, but again, do not show that the government supervised or controlled Monsanto's manufacture of PCBs.”
Finally, the court dismisses, as sufficient evidence of a causal nexus, letters in which the United States ordered Monsanto to accept a third party's purchase orders for the chemicals, pursuant to the Defense Product Act's section 101, and in which Monsanto responded with environmental concerns about products containing PCBs but ultimately accepted the order. The letters indicate the company was required to comply with section 101 of the law, the court says.
“However, compliance with federal law is not sufficient to establish that Monsanto 'act[ed] under' federal authority,” the circuit court says.
“The letters do not show ongoing federal supervision in the manufacture or production of PCBs,” it adds.
https://insideepa.com/daily-feed/9th-circuit-keeps-pcb-tort-case-state-court
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German REACH Registration Project Finds Low Compliance Rates
Oct 3, 2018 | Chemical Watch
Checks on more than 3,800 REACH dossiers in Germany have found that more than two thirds are non-compliant.
The REACH Compliance project, a joint effort between the Federal Institute for Risk Assessment (BfR) and the Environment Agency (UBA), concluded that the average rate of compliance is 31% for substances registered at more than 1,000 tpa and 44% for chemicals in the 100-1,000 tonnage band.
This compares with figures from Echa’s REACH evaluation progress report from March. Compliance checks on dossiers from 2008 to the end of last year showed that approximately seven in ten were not compliant. Echa said that 69% of the 1,350 dossiers in the >1,000 tonnage band and 77% in the 100-1,000 tonnage band it checked contained data gaps.
The German project, which began in 2014, was discussed at a BfR workshop on data quality in registration dossiers on 23-24 August, with conclusions released at the beginning of October.
The workshop aimed to inform stakeholders about the dossier quality of the majority of registrations for high tonnage substances and to facilitate dialogue between industry and regulators on how it can be improved.Project findings
The project investigated the availability of human health and environmental data in REACH registrations and how it complied with requirements on toxicological and ecotoxicological information as laid down in the Regulation.
By checking the available information on selected endpoints in a high number of dossiers, the institute added, the project provides a "representative outcome" on dossier quality.
An average of 70% of registrants, it found, commonly used the option to deviate from standard testing requirements and provide justifications for this.
However, alternative data provided in the dossiers (for example, using read-across to other substances) or justifications for data waiving or adaptations were often not sufficient, it said. On average 32% of these dossiers for substances at tonnage levels of >1,000 tpa were found to be "non-compliant" with REACH requirements on the assessed endpoints. The average rate of non-compliance was 19% for dossiers with substances at 100-1000 tpa.
BfR noted that for about 37% of the total dossiers a conclusion could not be reached due to issues with evaluation methodology.
"The outcome of the project indicates that increased efforts by industry and authorities are needed to achieve a higher rate of compliance for the chemical dossiers," BfR said.
At the workshop, Echa introduced its strategy for improving dossier quality following the final REACH registration deadline on 31 May.
BfR’s work is expected to feed into the agency’s plans. A combined approach concerning identified concerns on risks for humans and the environment will mean dossier evaluation procedures will be "optimised", it said.
Measures to encourage the updating and improving of dossiers, including the chemical safety report, are under consideration, the institute added.
https://chemicalwatch.com/70764/german-reach-registration-project-finds-low-compliance-rates
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New EPA Rule Strikes Language Listing Impact Of Climate Change On Children
Oct 3, 2018 | The Hill - E2 Wire
By Miranda Green
The Trump administration’s latest rule weakening the way a greenhouse gas is regulated in cooling units also strips out language on how climate change affects children, new documents show.
A draft proposal on heat-trapping chemicals known as hydrofluorocarbons or HFCs that was released Tuesday by the Environmental Protection Agency (EPA) does not include language the Obama administration had previously used pointing out how children could be impacted by global warming.
“Certain populations and life stages, including children, the elderly, and the poor, are most vulnerable to climate-related health effects,” the since-removed portion read in part.
“Impacts to children are expected from heat waves, air pollution, infectious and waterborne illnesses, and mental health effects resulting from extreme weather events.”
The EPA referred requests for comment to the White House. The White House did not respond to a request for comment.
The language change was first reported by E&E News.
EPA officials announced the new rule in mid-September, though the specific text of the change wasn't available online until this week.
The rule would do away with an Obama-era regulation that restricts HFCs, a known greenhouse gas that can contribute to ozone depletion, from being used as a refrigerant in household appliances.
The 2016 regulation would have phased out the use of the gas in appliances. The chemical is frequently used as a refrigerant substitute in air conditioners and refrigerators.
The EPA said the new rule is based off the agency’s own determination that the previous rule “exceeded its statutory authority” by extending a refrigerant management requirement meant for ozone depleting substitutes to the gas.
The text of the new rule also notes that the EPA did not study the effects of the rule change on children.
The phrase “climate change” existed three times in the 2016 rule in various sections. The phrase was struck out in every instance in the new rule.
The language change comes as the EPA last week announced to employees it was merging two key science offices as part of an overhaul of the Office of Research Development (ORD). Under the rearrangement the agency would disband the National Center for Environmental Research (NCER), a federal environmental office that works to test the effects of chemical exposure on adults and children.
Earlier in the week the EPA placed the director of its Office of Children’s Health Protection, Ruth Etzel, on administrative leave without explanation. Etzel told reporters she believed the move was done to ultimately shrink the office, an accusation EPA officials denied to The Hill.
https://thehill.com/policy/energy-environment/409675-new-epa-rule-strikes-language-listing-effects-of-climate-change-on
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California Extends Fuel Standards, 2030 Carbon Reduction Goals
Oct 3, 2018 | Natural Gas Intelligence
By Richard Nemec
The California Air Resources Board (CARB) extended the state's low carbon fuel standard (LCFS) to 2030, increasing the carbon reduction goal from 10% to 20%. CARB said the amendments were needed to "make the program more versatile and comprehensive" for fighting climate change.
Access to full text unavailable – subscription required. For full story: http://www.naturalgasintel.com/articles/115990-california-extends-fuel-standards-2030-carbon-reduction-goals
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EDF, Allies Present D.C. Circuit with Arguments for Closing “Toxic Loophole”
Oct 2, 2018 | Environmental Defense Fund
(Washington, D.C. – October 2, 2018) Environmental Defense Fund (EDF) and a coalition of seven other environmental, environmental justice, and public health organizations are asking the courts to close adamaging new EPA loophole for toxic air pollution.
The groups are challenging the loophole in the U.S. Court of Appeals for the D.C. Circuit. They filed their opening brief late last night.
“This loophole upends the whole concept of our country’s clean air protections. It was created unlawfully, and it risks exposing our families and communities to unacceptably high levels of toxic and dangerous pollutants such as benzene,” said EDF Lead Attorney Tomás Carbonell. “We look forward to presenting a strong case to the court that this loophole should be permanently closed.”
EPA’s new loophole applies to “maximum achievable control technology,” or MACT, standards for hazardous air pollutants under the Clean Air Act. These standards generally apply to large industrial facilities, like refineries and chemical plants, that emit high amounts of 187 dangerous or cancer-causing pollutants.
Those “major source” facilities had to comply with the MACT standards for as long as they operated – until January, when EPA suddenly announced the loophole. Now, facilities can opt out of the MACT if their pollution levels drop below the threshold.
Under the loophole, thousands of industrial facilities across the country would be eligible to operate with weaker, or no, air pollution controls. An EDF report found at least 18 major facilities in the Houston area alone that are eligible to use the loophole.
Then-EPA Administrator Scott Pruitt created the loophole unlawfully – in a four-page memo issued without notice or public comment and without considering the damage to Americans’ health and the environment.
The loophole is one of a long line of Trump administration attacks on America’s clean air protections – including attempts to undermine limits on climate pollution and toxic air pollution from power plants, protections on pollution from oil and gas facilities, and clean car standards.
Earthjustice, California Communities Against Toxics, Environmental Integrity Project, Louisiana Bucket Brigade, Ohio Citizen Action, Sierra Club, and Natural Resources Defense Council have joined EDF in the lawsuit against the toxic loophole. The state of California, which is also challenging the loophole, filed a separate brief yesterday in the D.C. Circuit.
https://www.edf.org/media/edf-allies-present-dc-circuit-arguments-closing-toxic-loophole
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Trump EPA Asks Judges To Uphold 'Reasonable' Obama Rule
Oct 3, 2018 | E&E Greenwire
By Sean Reilly,
The Trump administration defended Obama-era rules to curb ozone-forming pollution that wafts across state lines in court today as critics prodded federal judges to reject the regulations.
The 18 consolidated lawsuits before the U.S. Court of Appeals for the District of Columbia Circuit involve a variety of challenges to the agency's 2016 update to the Cross-State Air Pollution Rule, intended to curb power plant emissions of nitrogen oxides in 22 states that make it harder for downwind areas outside their borders to meet the 2008 ground-level ozone standard.
As a three-judge panel peppered all sides with questions, a Justice Department attorney representing EPA argued that the rule was in keeping both with the Clean Air Act's "good neighbor" provision and prior court rulings.
In the face of a "statutory gap" in the Clean Air Act, "there has to be a recognition of what is actually achievable and reasonable for those upwind states," DOJ attorney Amy Dona said in response to a question from Judge Sri Srinivasan. To do otherwise, Dona said later, could lead to the "absurd result" of states having to close down power plants.
To the Sierra Club and Appalachian Mountain Club, however, that reading falls short of the act's requirement to end "significant contributions" of upwind pollution by the statutory attainment deadlines for the 75-parts-per-billion ozone standard.
The Clean Air Act requires attainment "as expeditiously as practicable" with no allowance for "claims of technological or economic infeasibility," Earthjustice lawyers wrote in a brief this April on behalf of the two groups. At that point, a July attainment deadline for the 2008 standard was only three months away. Yet, the NOx emissions budgets for the 22 states were "too lenient" to eliminate significant contributions to downwind nonattainment by that time, the brief said.
It was a point that Earthjustice attorney Neil Gormley reiterated this morning. "It's not consistent with a deadline for attainment to allow significant contributions to nonattainment to continue after the deadline," he said. As the court had ruled in a previous interstate air pollution case, Gormley said, EPA's stance that it need only "consider" attainment deadlines is "wrong."
Asked by Judge Patricia Millett whether EPA thus had to require an end to upwind pollution by attainment deadlines, Gormley replied, "that's right." The environmental groups want the court to send the Cross-State Air Pollution Rule (CSAPR) update back to EPA, accompanied by a six-month window to come up with a substitute.
Wisconsin and some of the other upwind states covered by the update are seeking to have the rule thrown out altogether. EPA failed to reasonably consider the costs and benefits of the rule, said Misha Tseytlin, an attorney representing the state plaintiffs.
"This is a bedrock issue in this case," Tseytlin said.
That led Millett to skeptically contrast the case with the Supreme Court's 2015 ruling, which found that EPA failed to consider compliance costs in making the decision to regulate power plant releases of mercury and other hazardous pollutants.
"You don't have that language here," she said.
Also on the panel was Judge Robert Wilkins; all three are appointees of President Obama.
Ozone, a lung irritant linked to asthma attacks in children, is produced by the reaction of NOx and volatile organic compounds; the update of the Cross-State Air Pollution Rule is aimed at reducing power plant emissions of NOx in Wisconsin, Texas and 20 other states that make it harder for the downwind states to meet the 75 ppb limit.
A decade after EPA set the 75 ppb standard, close to one-third of nation's population — or more than 109 million people — live in areas that still don't meet that threshold, the environmental groups wrote in the April brief.
Those groups also object to "banked" emissions allowances, which they say allows states to exceed their allotted NOx budgets with credits from past years gained under a different trading program.Kavanaugh connections
For EPA, implementation of the good neighbor provision has been marked by a seesaw battle in the courts over the past decade. Its first attempt, the 2005 Clean Air Interstate Rule, was thrown out three years later on the grounds that it didn't do enough to protect public health. In 2011, EPA came up with the initial version of the Cross-State Air Pollution Rule, which was geared to curb NOx and sulfur dioxide emissions that foster compliance problems downwind.
In an opinion written by Judge Brett Kavanaugh — now President Trump's embattled nominee for a seat on the Supreme Court — the D.C. Circuit in 2012 threw out the original CSAPR rule, only to be reversed two years later by the Supreme Court. The litigation then went back to the D.C. Circuit. There, in another opinion written by Kavanaugh, the appellate court in 2014 upheld the underlying rule but found that EPA had "over-controlled" in some instances by setting state limits for NOx and sulfur dioxide that were more stringent than needed for downwind states to meet the relevant air quality standards.
The update to CSAPR, published in late 2016, was geared to addressing the court's concerns about the NOx budgets.
After finding that the 22 states in question had failed to come up with adequate plans of their own for meeting the good neighbor requirements, EPA imposed federal implementation plans to address NOx emissions. The D.C. Circuit's concerns about four states' sulfur dioxide budgets were dealt with separately.
Wisconsin and the other state plaintiffs now contend that EPA sidestepped a statutory requirement to analyze on "a state-by-state basis" whether the benefits of those plans outweighed the costs.
"In the end, EPA simply lacks the legal authority to put an end to all interstate emissions, and the agency has properly never claimed the desire or legal right to do so," the states said in a brief, also filed in April.
The case represents a rare instance of the Trump administration defending a major Obama-era environmental rule (Greenwire, Oct. 2).
EPA, in a draft determination officially dubbed the "Cross-State Air Pollution Rule Close-Out," has proposed using the update to CSAPR as a vehicle to satisfy good neighbor obligations related to the 2008 ozone standard by 2023. Delaware and other downwind states in the Northeast say that added measures are needed; under a court order, EPA must make a final determination by early December.
Last October, the D.C. Circuit denied a petition by Cedar Falls Utilities, based in northeast Iowa, to stay implementation of the rule (Greenwire, Oct. 16, 2017).
Not long before, the court also rejected utilities' request for a four-month delay in the briefing schedule on the grounds that the fate of nine petitions for administrative reconsiderations was still up in the air (Greenwire, Sept. 12, 2017).
https://www.eenews.net/greenwire/2018/10/03/stories/1060100435
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Ill. Governor Seeks Plant Shutdown After Downplaying Risks
Oct 3, 2018 | Associated Press (In E&E Greenwire)
Ill. Gov. Bruce Rauner (R) is now calling for the shutdown of a suburban Chicago plant suspected of emitting chemically polluted fumes that could elevate the risk of cancer.
Rauner yesterday joined a chorus of elected officials calling for the shutdown of a Sterigenics International facility in Willowbrook.
For more than three decades, the plant has used highly potent ethylene oxide gas to sterilize medical instruments and pharmaceutical drugs near densely populated neighborhoods and several schools.
Fellow Republicans from DuPage County have been clamoring for Rauner to take more aggressive action against the company.
Last week, Rauner would only say he has instructed the Illinois EPA to launch an investigation. The governor is now urging Attorney General Lisa Madigan (D) to seek a court order that would close the facility until a federal investigation shows a resumption of operations would not present an elevated health risk.
https://www.eenews.net/greenwire/2018/10/03/stories/1060100399
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