Preview Newsletter
ACC PM 12/17/2018
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(ACC Mentioned) Carteaux's Legacy: Saving and Transforming the Plastics Industry Association
Dec 17, 2018 | Plastics News
By Steve Toloken
Bill Carteaux’s 13-year tenure as CEO of the Plastics Industry Association came during a time of great change: the economic crisis in 2008, the shale gas resurgence and now public challenges over plastic waste. -
(ACC Mentioned) Faced with Challenges, Plastics Recycling Rate Slips
Dec 17, 2018 | Plastics News
By Jim Johnson
Post-consumer plastic bottle recycling in the United States edged lower last year due, in part, to a drop in recovery of pigmented high density polyethylene bottles. -
(ACC Mentioned) Norfolk Southern (NSC) Stock Declined While American Money Management Cut Holding by $492,840; Alpine Partners Vi Holding in Aetna New (AET) Increased by $12.53 Million as Market Value Were Volatile
Dec 17, 2018 | The Financial Examiner
By Tracy Fowler
American Money Management Llc decreased its stake in Norfolk Southern Corp (NSC) by 13.11% based on its latest 2018Q3 regulatory filing with the SEC. -
(ACC Mentioned) Wealthtrust Axiom Has Boosted By $1.22 Million Its Viacom New (VIAB) Position; Dynamic Capital Management LTD Boosted Norfolk Southern (NSC) Position By $2.65 Million
Dec 17, 2018 | The DMinute
By Clara Lewis
Dynamic Capital Management Ltd increased Norfolk Southern Corp (NSC) stake by 811.14% reported in 2018Q3 SEC filing. -
(ACC Mentioned) Epam Systems (EPAM) Shareholder Taylor Frigon Capital Management Has Cut Its Holding by $340,993 as Stock Declined; Blue Chip Partners Lowered Its Norfolk Southern (NSC) Stake as Shares Declined
Dec 17, 2018 | The FinReviewer
By Michael Higginson
Taylor Frigon Capital Management Llc decreased its stake in Epam Systems Inc. (EPAM) by 12.21% based on its latest 2018Q3 regulatory filing with the SEC. -
EPA Regulatory Environmental Law News Update November 2018
Dec 17, 2018 | National Law Review
By Bergeson & Campbell
On November 15, 2018, the U.S. Environmental Protection Agency (EPA) published a Federal Register notice announcing the availability of and seeking public comment on the first draft chemical risk evaluation under the Toxic Substances Control Act (TSCA), as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg). -
Company's Concerns About Baby Powder Date Back Decades
Dec 17, 2018 | E&E Greenwire
Johnson & Johnson Services Inc. was concerned about the safety of its iconic baby powder for decades and worked to discredit research that showed its product could contain asbestos, according to corporate documents, public records and interviews with experts. -
N.D. Sees Oil Production Falling Next Year
Dec 17, 2018 | E&E Energywire
By Mike Lee
North Dakota's oil production could start to taper off next year after hitting records for the last three months, the state's oil regulator said. -
Legendary Oil Trader Is Bullish On Oil Prices
Dec 17, 2018 | Oil Price, via Real Clear Energy
By Tsvetana Paraskova
Legendary oil trader Andy Hall, who was nicknamed oil ‘God’ for profitably predicting a bull run in oil prices in the past, told Bloomberg TV on Thursday that oil prices would rise from current levels, as they may have hit the bottom after plunging by 30 percent in just two months. -
Senators Urge CDC to Study Firefighters' Exposure to PFAS
Dec 17, 2018 | Inside EPA
A bipartisan group of senators is pushing federal health agencies to study the health effects of occupational exposures to per- and polyfluoroalkyl substances (PFAS) on firefighters and others in future studies on the chemicals, expressing disappointment that the agencies recently precluded the subjects from an ongoing investigation. -
PG&E Accused by Regulators of Falsifying Pipeline Safety Records
Dec 17, 2018 | E&E Energywire, via Bloomberg
By Mark Chediak
PG&E Corp., already under scrutiny for a deadly California wildfire last month, now faces potential penalties for allegedly breaking natural gas pipeline safety rules and falsifying records, state regulators said. -
(ACC Mentioned) Oil Companies, Railroads Clash Over Tank Car Reforms
Dec 14, 2018 | Houston Chronicle
By James Osborne
Three years after Congress ordered oil tank cars to be built heavier and stronger to reduce the chance of spills and deadly explosions that have rocked the United States and Canada in recent years, those reforms face potential delays as oil companies and the railroad industry clash over the safest way to move crude around the country. -
Diplomats Narrowly Avoid Failure At UN Climate Summit
Dec 17, 2018 | Forbes
By Dave Keating
Though Friday was intended to be the last day for negotiators devising the rulebook for the Paris Agreement at a UN climate summit taking place in Katowice, Poland over the last two weeks, talks dragged on through the weekend before an agreement could finally be reached on Sunday. -
ConocoPhillips Backs Carbon Tax Plan
Dec 17, 2018 | The Hill - E2 Wire
By Timothy Cama
Oil and natural gas giant ConocoPhillips Co. is backing an effort to impose a tax on carbon dioxide emissions. -
Trump Adds to his Ruinous Policies on Pollution
Dec 17, 2018 | Washington Post
By Editorial Board
As the story emerges about the criminals President Trump hired and promoted, it is hard to pay attention to a seemingly small announcement last Tuesday from the Environmental Protection Agency, redefining the extent of the EPA’s powers over the nation’s waters. -
SWEEP Standard — LEED for Waste and Recycling — Releases Ambitious Proposal
Dec 17, 2018 | Waste Dive
By Cole Rosengren
The Solid Waste Environmental Excellence Protocol (SWEEP) Municipal Standard has been published in draft form. Following the Leadership in Energy and Environmental Design (LEED) model, its goal is to evaluate "the environmental, economic and social aspects of providing municipal solid waste services."
Industry and Association News
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(ACC Mentioned) Carteaux's Legacy: Saving and Transforming the Plastics Industry Association
Dec 17, 2018 | Plastics News
By Steve Toloken
Bill Carteaux’s 13-year tenure as CEO of the Plastics Industry Association came during a time of great change: the economic crisis in 2008, the shale gas resurgence and now public challenges over plastic waste.
But the biggest long-term impact from his tenure, association leaders said, will likely be internal.
They credit Carteaux, who died Dec. 10 at age 59 from complications from leukemia, with guiding and preserving the association during the difficult years around the 2008 crisis so that the Washington-based organization remains relevant to the industry today.
“It’s not an understatement to say that the Plastics Industry Association might not be in existence without his leadership,” said Tad McGwire, who sits on the group’s eight-member executive board and is president of equipment maker Industrial Heater Corp.
Carteaux came to the job after a long career in the plastics machinery sector, and that industry knowledge and deep contacts helped him to maintain support for the association from companies, as everyone faced difficult decisions from the 2008 economic crisis, McGwire said.
That included maintaining and growing the NPE trade show, a major source of funding for the trade group, McGwire said.
Without Carteaux’s leadership, McGwire said, the group could have shrunk as member companies left, and that would have left it more narrowly focused, perhaps only doing political advocacy for specific industry segments that wanted to pay for that, and with a smaller NPE show for revenue and industry promotion.
“As such a strong cheerleader, he was able to keep external support,” McGwire said. “There’s no question the industry association would look very different today if not for Bill’s leadership and energy.”
Wylie Royce, chairman of the association and director of additive maker Royce Global, agreed Carteaux stabilized and possibly saved the group. In the five years before Carteaux took over in 2005, the association’s core budget had shrunk from $12 million to $8 million.
“I believe Bill’s legacy will be one of transformation,” Royce said. “When he started with [the association], it was in deep trouble financial trouble. It was also viewed as more of a ‘club’ than an effective association by many in industry.”
The group named Chief Operating Officer Patty Long as its interim president and CEO.
NPE and the move to Florida
Industry executives said Carteaux was very involved in both keeping the NPE show in 2009 from melting down, as companies threatened to pull out during the economic tumult, and in overseeing the move of NPE from Chicago to Orlando, Fla. for the 2012 edition. The fair is held every three years.
John Effmann, who was chairman of that first NPE in Florida, said Carteaux “was very supportive” of moving the show, which is owned by the association and is a significant revenue source.
“Bill was a good leader. It was a pleasure working with him, moving this whole process forward and remaking NPE into the show it is,” said Effmann, who is retired after a long machinery career.
The Great Recession had slammed NPE2009. For years while the show was in Chicago, exhibitors had complained about high costs and rigid union work rules, even in good economic times.
But the big downturn brought it to a head. Some machinery companies were faced with exhibiting at NPE2009 as they laid off employees.
“With the deep, deep recession that we’re in this year, the costs really exacerbated themselves,” Carteaux said in a Plastics News story at the time.
By moving to Florida, the association projected $10 million in exhibitor savings from lower costs for exhibiting, utilities and travel. Also important, according to the association, was that exhibitors would know their total costs upfront in Orlando, instead of getting surprise extra costs in Chicago.
Moving NPE was a risk, but it had to be done, executives said.
“We were going through one of the toughest times for this nation and the industry,” said Glenn Anderson, who is officer-at-large of the Plastics Industry Association board of directors and an executive at machinery maker Milacron Holdings Corp.
“At our greatest time of need, Bill was there. When the deck was stacked against us, he figured out a way to keep the industry moving forward in the toughest times of anyone’s career,” Anderson said.
The Great Recession
Similarly, the 2009 edition of NPE had faced difficult times. Major exhibitors had begun pulling out in the months leading up to the show, and leaders of the association feared a ripple effect as officials at other companies thought about withdrawing.
Carteaux and others worked quickly. He flew to Japan and Europe, home to some of the major machinery companies to publicly say they would leave NPE, to convince them to return or remain.
There was a catch, though: To lure them back, Carteaux and the association had to give steep discounts for exhibiting at the show.
That created a $3.2 million hole in the association’s budget, leading to layoffs and cuts. Royce said Carteaux told him the day the organization made those cuts “was the single worst day of his life.”
Still, industry officials said the response helped the association and NPE remain viable, and that provided a base for the show to grow in subsequent years. The 2018 edition was the largest ever, with 2,174 exhibiting companies in more than 1.2 million net square feet of sold-out floor space, the group said.
Anderson said Carteaux’s experience as an industry executive before joining the trade association, as the co-managing director at Demag Plastics Group, and before that head of Autojectors Inc., helped him communicate with executives as they weighed decisions around exhibiting at the show.
“Bill coming from the machinery sector was really an advantage for him and for us. He knew what the issues were and he knew what the challenges were,” he said. “And his background and his experience are going to be missed.”
Royce also highlighted the association broadening its membership base during Carteaux’s tenure, convincing consumer product companies that are customers of plastics companies to join under a new “brand owner” category.
While those companies may not make a big financial contribution to the association, they are high-profile members.
Along with his other work, he helped put the association on stronger financial footing, executives said.
“At the time [the association] needed not only an industry person but one who had the ability to turn companies around and have the experience of being responsible for a bottom line,” Royce said, adding that without Carteaux’s work, he, like McGwire, also questioned whether the association “would be in existence today.”
Partnering and policy work
Executives at other plastics industry associations also credit Carteaux for strengthening links between the groups, such as in the North American Plastics Alliance, an umbrella group of the industry from Canada, Mexico and the United States.
“Bill personally played a key role in bringing several different associations together,” said Steve Russell, vice president of the plastics division at the American Chemistry Council in Washington. “He was a bridge builder.”
That included working on creating close alignment between the industry groups on environmental issues like plastics waste and litter and on how to communicate the benefits of plastics, sustainability and life cycle analysis, Russell said.
“Speaking for ACC, we always knew that even if we disagreed on the details of something, we could do it without being disagreeable with each other,” Russell said.
There were some areas where building bridges proved difficult, however. The plastics association largely stayed out the debate on China tariffs, since its membership is deeply divided, but it did work with plastics associations in Canada and Mexico on crafting a common position on the replacement for NAFTA.
As well, Tony Radoszewski, the president of the Dallas-based Plastics Pipe Institute, said Carteaux worked to support the political priorities of the smaller industry associations liked his.
PPI’s chief legislative priority, supporting laws they say would open up government procurement for plastic pipe and overcome regulations favoring older materials like steel and concrete, became part of the industry’s annual Washington political fly-in, organized by Carteaux’s group.
Royce said that lately Carteaux had been very active with other groups and companies to craft a broader industry response to marine litter and plastics environmental concerns. Executives have said a significant announcement from industry could be coming in early 2019.
“Bill realized the threats to the industry that the marine litter and environment issues created,” Royce said. “He recognized that the association couldn’t solve these problems alone but could attempt to make our industry realize that these are real issues that require industry and public action to cure.”
But some of the industry positions on environmental issues have cost the association support.
Under pressure from environmentally minded investors, medical device maker Becton, Dickinson & Co. — the type of consumer product company Carteaux worked to bring in — earlier this year resigned from the association in a disagreement over environmental policy with the industry.
Specifically, the shareholders, the Sierra Club and others want the plastics industry to drop its campaign in state legislatures for state laws that prevent local governments from banning or taxing plastic bags and other single-use packaging.
They’re pressuring consumer product companies like Becton, Dickinson to withdraw from the plastics association to show unhappiness with the policy.
Royce said Carteaux wanted the industry to work with nongovernment organizations and others.
“He knew we couldn’t go it alone, but with everyone’s help, we would be able to make a real change, not just talk about it and attempt to fight the NGOs,” Royce said. “He was very much in favor of beginning an agenda of working with NGOs to solve the real problems, and not just spend money fighting a war of words.”
https://www.plasticsnews.com/article/20181217/NEWS/181219923/carteauxs-legacy-saving-and-transforming-the-plastics-industry
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(ACC Mentioned) Faced with Challenges, Plastics Recycling Rate Slips
Dec 17, 2018 | Plastics News
By Jim Johnson
Post-consumer plastic bottle recycling in the United States edged lower last year due, in part, to a drop in recovery of pigmented high density polyethylene bottles.
HDPE is the second-largest category of recycled post-consumer plastic bottles recycled in the country, behind PET bottles.
So the significant decrease in the pigmented portion of the HDPE recycling stream pushed the overall post-consumer bottle recycling rate down from 29.7 percent in 2016 to 29.3 percent in 2017, according to a new report from the American Chemistry Council and the Association of Plastic Recyclers.
Overall, some 2.8 billion pounds of post-consumer plastic bottles were recycled in 2017, compared with 2.906 billion in 2016.
PET bottle recycling accounted for 1.726 million pounds last year, compared with 1.753 million pounds in 2016. While that number dipped slightly, the recycling rate increased in that segment from 28.4 percent in 2016 to 29.2 percent in 2017. That’s because PET bottle resin sales dropped year over year, according to a report.
Natural HDPE bottle recycling increased from 30.1 percent to 30.7 percent, from 462.1 million pounds, to 473.8 million pounds.
But HDPE pigmented bottle recycling fell from 650 million pounds in 2016 to 568 million pounds in 2017. That’s a recycling rate decrease from 36.2 percent to 31.4 percent. And while that number dragged down the overall total, the recycling rate for pigmented HDPE last year is still higher than that for natural HDPE and PET.
The report, released Dec. 17, called 2017 “an exceedingly difficult year for plastic bottle recycling.”
Post-consumer polypropylene bottle recycling, a small segment of the market, fell by 3 percent from 20.2 to 17.2 percent, or 36.6 million to 31.1 million pounds from 2016 to 2017.
PP has been viewed as a small but growing market for post-consumer plastic bottles in recent years.
“Plastic bottle recycling is proving to be resilient in the face of short-term challenges,” APR President Steve Alexander said in a statement. The recycling industry is investing in infrastructure, which is a good sign for the long-term, he said.
ACC’s plastics division also pointed to the future.
“Increasing plastics recycling is a critical part of moving toward a more circular economy, and commitments made across the value chain — from brand owners to plastics makers to recyclers — give us good reason to be optimistic about the long-term prospects for plastics recycling,” said Steve Russell, ACC’s vice president of plastics, in a statement.
The most recent statistics now put the five-year compounded annual growth rate for plastic bottle recycling at 0.1 percent, the trade groups said.
The 106 million pound decrease in overall bottles collected for recycling represents a 3.6-percent drop from 2016 to 2017.
Factors into this decrease include lower overall resin sales into the market, light-weighting of containers and the right-sizing of containers. An example of right-sizing, over time, has been in the laundry detergent market where many manufacturers have concentrated their formulas allowing for the use of smaller bottles.
https://www.plasticsnews.com/article/20181217/NEWS/181219917/faced-with-challenges-plastics-recycling-rate-slips
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Dec 17, 2018 | The Financial Examiner
By Tracy Fowler
American Money Management Llc decreased its stake in Norfolk Southern Corp (NSC) by 13.11% based on its latest 2018Q3 regulatory filing with the SEC. American Money Management Llc sold 2,738 shares as the company’s stock declined 13.46% with the market. The institutional investor held 18,147 shares of the railroads company at the end of 2018Q3, valued at $3.28 million, down from 20,885 at the end of the previous reported quarter. American Money Management Llc who had been investing in Norfolk Southern Corp for a number of months, seems to be less bullish one the $40.62B market cap company. The stock decreased 1.15% or $1.74 during the last trading session, reaching $149.14. About 1.02M shares traded. Norfolk Southern Corporation (NYSE:NSC) has risen 10.53% since December 17, 2017 and is uptrending. It has outperformed by 10.53% the S&P500. Some Historical NSC News: 25/04/2018 – NORFOLK SOUTHERN CORP – QTRLY RAILWAY OPERATING RATIO, OR OPERATING EXPENSES AS A PERCENTAGE OF REVENUES, WAS 69.3 PERCENT; 25/04/2018 – NORFOLK SOUTHERN 1Q RAILWAY OPER REV $2.7B, EST. $2.68B; 25/04/2018 – Norfolk Southern Tops Views, Increases Buyback Program — Earnings Review; 15/05/2018 – NORFOLK SOUTHERN CEO SQUIRES SPEAKS AT BANK OF AMERICA CONF; 09/05/2018 – Norfolk Southern partners with Plug and Play to drive innovation in supply chain logistics; 30/04/2018 – Norfolk Southern receives American Chemistry Council award as industry-leading partner in responsible chemical transport; 23/04/2018 – NORFOLK SOUTHERN OFFERS TO EXCHANGE UP TO $1.5B OF NOTES; 20/03/2018 – General Electric announces 225 orders for refurbished locomotives; 23/04/2018 – DJ Norfolk Southern Corporation, Inst Holders, 1Q 2018 (NSC); 03/04/2018 – Norfolk Southern multi-state safety train tour underway
Alpine Partners Vi Llc increased its stake in Aetna Inc New (AET) by 162.02% based on its latest 2018Q3 regulatory filing with the SEC. Alpine Partners Vi Llc bought 62,020 shares as the company’s stock 0.00% . The institutional investor held 100,300 shares of the medical specialities company at the end of 2018Q3, valued at $20.35M, up from 38,280 at the end of the previous reported quarter. Alpine Partners Vi Llc who had been investing in Aetna Inc New for a number of months, seems to be bullish on the $ market cap company. The stock 0.33% or $0 during the last trading session, reaching $0. It is up 0.00% since December 17, 2017 and is . It has by 0.00% the S&P500. Some Historical AET News: 24/05/2018 – Insurance Goliath Sues Lawyers Representing HIV Patients For Aetna’s Own Privacy Breach, says Consumer Watchdog; 18/05/2018 – AETNA INC AET.N SETS QUARTERLY CASH DIVIDEND OF $0.50/SHR; 12/03/2018 – SURGERY PARTNERS INC – COWHEY JOINS SURGERY PARTNERS FROM AETNA; 25/05/2018 – LABCORP – CO, AETNA EXTENDED, EXPANDED EXISTING AGREEMENT, MAKING CO PREFERRED NATIONAL LABORATORY FOR SUBSTANTIALLY ALL AETNA MEMBERS FROM JAN 1, 2019; 26/03/2018 – Aetna CEO: Warren Buffett’s ‘tapeworm’ analogy fits – health-care costs squeeze the economy for trillions; 23/03/2018 – lnternationally Recognized Addiction Expert Educates Panel at Aetna Forum to Combat Opioid Epidemic; 26/03/2018 – Rising health-care cost are squeezing the U.S. economy for trillions of dollars, says Aetna Chairman and CEO Mark Bertolini; 27/03/2018 – AETNA SAYS IT WILL START SHARING DRUG DISCOUNTS NEXT YEAR; 13/05/2018 – Major health care players like, UnitedHealthcare, Aetna and Kaiser Permanente, are increasingly using virtual care or telehealth for primary care appointments and follow-ups; 24/04/2018 – EXPRESS SCRIPTS SAYS IT ALSO SEEKS REFUND IF NEW MIGRAINE DRUGS DON’T WORK, CAUSE MAJOR SIDE EFFECTS
More important recent Norfolk Southern Corporation (NYSE:NSC) news were published by: Benzinga.com which released: “Norfolk Souther Corporation (NYSE:NSC), CSX Corporation (NYSE:CSX) – The Word On Norfolk Southern: Wait Until February – Benzinga” on October 24, 2018, also Seekingalpha.com published article titled: “Norfolk Southern: Is This As Good As It Gets? – Seeking Alpha”, Bizjournals.com published: “Cousins Properties files plans for giant Norfolk Southern HQ in Midtown – Atlanta Business Chronicle – Atlanta Business Chronicle” on November 19, 2018. More interesting news about Norfolk Southern Corporation (NYSE:NSC) was released by: Bizjournals.com and their article: “Atlanta Norfolk Southern HQ project continues rolling, as Cousins Properties buys land for project – Atlanta Business Chronicle – Atlanta Business Chronicle” with publication date: November 23, 2018.
Since August 13, 2018, it had 0 insider buys, and 3 selling transactions for $6.41 million activity. Earhart Cynthia C had sold 2,370 shares worth $414,954 on Wednesday, August 29. Wheeler Michael Joseph sold 801 shares worth $138,216.
Investors sentiment increased to 0.92 in 2018 Q3. Its up 0.12, from 0.8 in 2018Q2. It is positive, as 32 investors sold NSC shares while 354 reduced holdings. 111 funds opened positions while 245 raised stakes. 187.99 million shares or 3.43% less from 194.66 million shares in 2018Q2 were reported. Lsv Asset Mngmt holds 0% of its portfolio in Norfolk Southern Corporation (NYSE:NSC) for 8,100 shares. 14,375 were accumulated by Murphy Pohlad Asset Management Ltd Co. Reliance Trust Of Delaware stated it has 6,613 shares. Buckingham Asset Limited Liability, a Missouri-based fund reported 65,476 shares. The Oklahoma-based Bokf Na has invested 0.13% in Norfolk Southern Corporation (NYSE:NSC). Advisory Services Ntwk Limited Liability owns 13,634 shares. Captrust Fincl Advisors, a North Carolina-based fund reported 13,565 shares. Moneta Gru Advisors Ltd Company accumulated 0.03% or 1,539 shares. Indexiq Ltd Limited Liability Company reported 32,849 shares. Fca Tx has invested 0.24% of its portfolio in Norfolk Southern Corporation (NYSE:NSC). Harbour Ltd Limited Liability Company has invested 2.23% in Norfolk Southern Corporation (NYSE:NSC). Utah Retirement Systems accumulated 52,505 shares. The Ontario – Canada-based Intact Inv has invested 0.16% in Norfolk Southern Corporation (NYSE:NSC). Independent Investors Inc holds 18,100 shares or 1.15% of its portfolio. Mcf Advisors Ltd Liability Com accumulated 949 shares or 0.03% of the stock.
Among 31 analysts covering Norfolk Southern Corp. (NYSE:NSC), 12 have Buy rating, 4 Sell and 15 Hold. Therefore 39% are positive. Norfolk Southern Corp. had 124 analyst reports since July 28, 2015 according to SRatingsIntel. Cowen & Co maintained the shares of NSC in report on Monday, October 5 with “Outperform” rating. The firm has “Sector Perform” rating by RBC Capital Markets given on Thursday, January 28. Oppenheimer maintained the stock with “Hold” rating in Wednesday, July 26 report. Scotia Capital downgraded Norfolk Southern Corporation (NYSE:NSC) rating on Tuesday, July 28. Scotia Capital has “Hold” rating and $90 target. As per Thursday, June 1, the company rating was maintained by RBC Capital Markets. As per Friday, September 29, the company rating was maintained by Cowen & Co. Credit Suisse maintained it with “Neutral” rating and $77 target in Friday, February 19 report. The stock of Norfolk Southern Corporation (NYSE:NSC) has “Hold” rating given on Thursday, January 25 by Robert W. Baird. The company was downgraded on Thursday, July 6 by Scotia Capital. As per Tuesday, September 12, the company rating was maintained by Cowen & Co.
Analysts await Norfolk Southern Corporation (NYSE:NSC) to report earnings on January, 23. They expect $2.33 earnings per share, up 37.87% or $0.64 from last year’s $1.69 per share. NSC’s profit will be $634.57M for 16.00 P/E if the $2.33 EPS becomes a reality. After $2.52 actual earnings per share reported by Norfolk Southern Corporation for the previous quarter, Wall Street now forecasts -7.54% negative EPS growth.
Among 24 analysts covering Aetna (NYSE:AET), 10 have Buy rating, 0 Sell and 14 Hold. Therefore 42% are positive. Aetna had 81 analyst reports since July 30, 2015 according to SRatingsIntel. On Tuesday, February 2 the stock rating was maintained by Jefferies with “Hold”. The firm earned “Hold” rating on Monday, October 23 by Piper Jaffray. Stifel Nicolaus maintained Aetna Inc. (NYSEAMERICAN:AET) rating on Tuesday, May 16. Stifel Nicolaus has “Buy” rating and $158 target. The rating was maintained by Piper Jaffray on Thursday, August 3 with “Hold”. As per Friday, June 9, the company rating was maintained by RBC Capital Markets. The firm has “Buy” rating given on Monday, May 15 by Cantor Fitzgerald. On Monday, October 23 the stock rating was maintained by Cowen & Co with “Buy”. RBC Capital Markets maintained the shares of AET in report on Monday, December 4 with “Buy” rating. The firm earned “Overweight” rating on Wednesday, September 16 by JP Morgan. Jefferies maintained the shares of AET in report on Friday, January 12 with “Hold” rating.
Alpine Partners Vi Llc, which manages about $522.85M US Long portfolio, decreased its stake in Dell Technologies Inc by 22,422 shares to 63,750 shares, valued at $6.19M in 2018Q3, according to the filing.
Investors sentiment decreased to 0.89 in Q3 2018. Its down 0.05, from 0.94 in 2018Q2. It dropped, as 46 investors sold AET shares while 300 reduced holdings. 86 funds opened positions while 223 raised stakes. 257.82 million shares or 2.48% less from 264.38 million shares in 2018Q2 were reported. Strs Ohio owns 174,952 shares. Johnson Fin Group Inc owns 14,944 shares or 0.31% of their US portfolio. Barclays Public Ltd Co has 0.06% invested in Aetna Inc. (NYSEAMERICAN:AET) for 428,173 shares. New York-based Boothbay Fund Mgmt Limited Liability Company has invested 1.22% in Aetna Inc. (NYSEAMERICAN:AET). Nomura stated it has 49,037 shares or 0.04% of all its holdings. The New York-based Roystone Capital Management Lp has invested 9.17% in Aetna Inc. (NYSEAMERICAN:AET). Smith Moore And has invested 0.21% in Aetna Inc. (NYSEAMERICAN:AET). Ls Inv Advsrs Ltd Liability stated it has 9,805 shares or 0.11% of all its holdings. D E Shaw And Co reported 1.86M shares stake. Quinn Opportunity Ptnrs Ltd Llc owns 15,000 shares. Zeke Ltd Com holds 0.11% of its portfolio in Aetna Inc. (NYSEAMERICAN:AET) for 6,334 shares. Girard Limited reported 781 shares. Coldstream Cap Mgmt Incorporated reported 0.02% of its portfolio in Aetna Inc. (NYSEAMERICAN:AET). Moreover, Tradewinds Limited Liability Corp has 0.01% invested in Aetna Inc. (NYSEAMERICAN:AET). Utah Retirement reported 59,514 shares stake.
https://finexaminer.com/2018/12/17/norfolk-southern-nsc-stock-declined-while-american-money-management-cut-holding-by-492840-alpine-partners-vi-holding-in-aetna-new-aet-increased-by-12-53-million-as-market-value-were-volatile/
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Dec 17, 2018 | The DMinute
By Clara Lewis
Dynamic Capital Management Ltd increased Norfolk Southern Corp (NSC) stake by 811.14% reported in 2018Q3 SEC filing. Dynamic Capital Management Ltd acquired 14,714 shares as Norfolk Southern Corp (NSC)’s stock declined 13.46%. The Dynamic Capital Management Ltd holds 16,528 shares with $2.98 million value, up from 1,814 last quarter. Norfolk Southern Corp now has $41.09 billion valuation. The stock decreased 4.22% or $6.64 during the last trading session, reaching $150.88. About 2.69 million shares traded or 16.53% up from the average. Norfolk Southern Corporation (NYSE:NSC) has risen 10.53% since December 17, 2017 and is uptrending. It has outperformed by 10.53% the S&P500. Some Historical NSC News: 06/04/2018 – DOT STB: Case Title: NORFOLK SOUTHERN RAILWAY COMPANY – ABANDONMENT EXEMPTION – IN DAYTON, MONTGOMERY COUNTY, OHIO; 25/04/2018 – NORFOLK SOUTHERN CORP – QTRLY COAL REVENUE $434 MLN VS $420 MLN; 16/03/2018 – Norfolk Southern response to TRC Capital’s ‘mini-tender’ offer; 25/04/2018 – Norfolk Southern Increases Expected Annual Shr Repurchases to $1.5 Billion; 25/04/2018 – NORFOLK SOUTHERN CORP – QTRLY MERCHANDISE REVENUE $1,605 MLN VS $1,584 MLN; 30/04/2018 – Norfolk Southern receives American Chemistry Council award as industry-leading partner in responsible chemical transport; 24/05/2018 – Norfolk Southern and New York State usher in a modern era for freight rail with dedication of new railroad bridge – the Genesee; 14/03/2018 – NORFOLK SOUTHERN CORP NSC.N : CREDIT SUISSE SAYS UNRAVELING OF COST IMPROVEMENT STORY AND DETERIORATION IN COAL FUNDAMENTALS ARE KEY RISKS TO TP; 24/05/2018 – Norfolk Southern announces BiTA membership; 25/04/2018 – NORFOLK SOUTHERN CORP – INCREASING EXPECTED ANNUAL SHARE REPURCHASES TO $1.5 BLN FOR 2018
Wealthtrust Axiom Llc increased Viacom Inc New (VIAB) stake by 150.38% reported in 2018Q3 SEC filing. Wealthtrust Axiom Llc acquired 37,000 shares as Viacom Inc New (VIAB)’s stock rose 1.10%. The Wealthtrust Axiom Llc holds 61,604 shares with $2.08 million value, up from 24,604 last quarter. Viacom Inc New now has $11.64 billion valuation. The stock decreased 1.07% or $0.31 during the last trading session, reaching $28.57. About 211 shares traded. Viacom Inc. (NASDAQ:VIAB) has declined 0.84% since December 17, 2017 and is downtrending. It has underperformed by 0.84% the S&P500. Some Historical VIAB News: 14/05/2018 – CBS, Viacom had agreed on price for deal before lawsuit; 22/05/2018 – Viacom’s SpongeBob keeps rights to ‘Krusty Krab’ restaurant name; 13/04/2018 – a walk down @Viacom – @CBSNews memory lane (@FoxBusiness from august 2016 on shari redstone pushing the merger and moonves resisting); 17/04/2018 – blacq: Viacom asks CBS to raise its bid by $2.8 billion: sources (Reuters) – Viacom Inc has asked CBS Corp to sw; 15/03/2018 – MTV’s Resurgence Continues As Network Launches Global Phenomenon “Ex On The Beach”; 16/05/2018 – Judge halts spiraling Redstone-CBS dispute, to issue ruling Thursday; 16/05/2018 – NATIONAL AMUSEMENTS SAYS IN COURT FILING IT EXPRESSED DISCOMFORT WITH THE CONTINUED CBS BOARD POSITION OF CHARLES GIFFORD GIVEN CERTAIN INCIDENTS THAT TOOK PLACE IN 2016 AND 2017; 01/05/2018 – Pond5 Taps Talent from Viacom and eBay for Roles of CTO and CRO, Respectively; 16/05/2018 – The showdown comes as the Redstones were seeking to merge CBS and Viacom; 14/05/2018 – BET Her and Bumble Present the 8th Annual WEEN Awards Hosted by Amanda Seales on Thursday, June 21, 2018 in Los Angeles
Among 9 analysts covering Viacom Inc (NASDAQ:VIAB), 2 have Buy rating, 0 Sell and 7 Hold. Therefore 22% are positive. Viacom Inc had 11 analyst reports since June 23, 2018 according to SRatingsIntel. The firm has “In-Line” rating given on Tuesday, October 23 by Imperial Capital. The rating was upgraded by Pivotal Research on Tuesday, July 31 to “Buy”. Morgan Stanley maintained Viacom Inc. (NASDAQ:VIAB) rating on Monday, October 15. Morgan Stanley has “Equal-Weight” rating and $34 target. The rating was downgraded by UBS on Monday, November 5 to “Neutral”. The firm has “Neutral” rating by Citigroup given on Wednesday, November 21. The rating was upgraded by Macquarie Research to “Outperform” on Thursday, September 20. The firm earned “Hold” rating on Thursday, November 29 by Goldman Sachs.
More notable recent Viacom Inc. (NASDAQ:VIAB) news were published by: Nasdaq.com which released: “Viacom (VIAB) Down 10.2% Since Last Earnings Report: Can It Rebound? – Nasdaq” on December 16, 2018, also Nasdaq.com with their article: “Viacom Inc. (VIAB) Ex-Dividend Date Scheduled for December 14, 2018 – Nasdaq” published on December 13, 2018, Nasdaq.com published: “Ex-Dividend Reminder: Viacom, Children’s Place and American Eagle Outfitters – Nasdaq” on December 12, 2018. More interesting news about Viacom Inc. (NASDAQ:VIAB) were released by: Nasdaq.com and their article: “Daily Dividend Report: ALL, YUM, O, GPC, VIAB – Nasdaq” published on November 19, 2018 as well as Nasdaq.com‘s news article titled: “U.S. Box Office Revenues Hit $11.1B: Can It Set a New Record? – Nasdaq” with publication date: December 13, 2018.
Among 11 analysts covering Norfolk Southern (NYSE:NSC), 8 have Buy rating, 1 Sell and 2 Hold. Therefore 73% are positive. Norfolk Southern had 16 analyst reports since June 25, 2018 according to SRatingsIntel. The stock of Norfolk Southern Corporation (NYSE:NSC) earned “Outperform” rating by Credit Suisse on Thursday, October 25. Loop Capital upgraded Norfolk Southern Corporation (NYSE:NSC) on Wednesday, October 24 to “Buy” rating. The firm has “Hold” rating given on Thursday, July 26 by Loop Capital. Citigroup upgraded it to “Buy” rating and $176 target in Monday, June 25 report. Morgan Stanley maintained Norfolk Southern Corporation (NYSE:NSC) on Monday, October 29 with “Underweight” rating. Credit Suisse maintained Norfolk Southern Corporation (NYSE:NSC) on Thursday, July 26 with “Outperform” rating. As per Thursday, October 25, the company rating was upgraded by Stifel Nicolaus. The stock of Norfolk Southern Corporation (NYSE:NSC) earned “Hold” rating by Stifel Nicolaus on Thursday, July 26. Bank of America downgraded Norfolk Southern Corporation (NYSE:NSC) rating on Thursday, October 18. Bank of America has “Neutral” rating and $182 target. The company was maintained on Thursday, October 25 by Robert W. Baird.
Investors sentiment increased to 0.92 in 2018 Q3. Its up 0.12, from 0.8 in 2018Q2. It improved, as 32 investors sold NSC shares while 354 reduced holdings. 111 funds opened positions while 245 raised stakes. 187.99 million shares or 3.43% less from 194.66 million shares in 2018Q2 were reported. Smithfield Communications reported 0.42% stake. Trustco Natl Bank Corp N Y invested in 0.9% or 4,606 shares. Lodestar Inv Counsel Limited Liability Il holds 0.04% or 2,100 shares in its portfolio. 110,730 are owned by Victory Capital. Montag A And Assocs Inc has 0.13% invested in Norfolk Southern Corporation (NYSE:NSC) for 8,315 shares. Commonwealth Of Pennsylvania Pub School Empls Retrmt Systems invested in 23,709 shares. Hendley And invested 1.61% of its portfolio in Norfolk Southern Corporation (NYSE:NSC). Interocean Cap Llc reported 0.37% stake. Texas Yale Cap Corporation invested in 7,520 shares. Quantitative Systematic Strategies Ltd Co holds 0.27% or 7,849 shares. Moreover, First Financial Corporation In has 0.08% invested in Norfolk Southern Corporation (NYSE:NSC) for 705 shares. Sumitomo Mitsui Asset Mngmt Comm Ltd reported 19,580 shares. Smith Asset Mgmt Group Lp owns 0.97% invested in Norfolk Southern Corporation (NYSE:NSC) for 188,807 shares. Cohen & Steers has 0.44% invested in Norfolk Southern Corporation (NYSE:NSC) for 826,214 shares. Edgemoor Advisors, a Maryland-based fund reported 3,448 shares.
Dynamic Capital Management Ltd decreased Wells Fargo Co New (NYSE:WFC) stake by 38,380 shares to 6,000 valued at $315,000 in 2018Q3. It also reduced M & T Bk Corp (NYSE:MTB) stake by 4,347 shares and now owns 1,600 shares. Lowes Cos Inc (NYSE:LOW) was reduced too.
Since August 13, 2018, it had 0 buys, and 3 sales for $6.41 million activity. Squires James A also sold $5.85M worth of Norfolk Southern Corporation (NYSE:NSC) on Monday, August 13. 2,370 shares were sold by Earhart Cynthia C, worth $414,954 on Wednesday, August 29. 801 shares were sold by Wheeler Michael Joseph, worth $138,216.
https://dminute.com/2018/12/17/wealthtrust-axiom-has-boosted-by-1-22-million-its-viacom-new-viab-position-dynamic-capital-management-ltd-boosted-norfolk-southern-nsc-position-by-2-65-million/
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Dec 17, 2018 | The FinReviewer
By Michael Higginson
Taylor Frigon Capital Management Llc decreased its stake in Epam Systems Inc. (EPAM) by 12.21% based on its latest 2018Q3 regulatory filing with the SEC. Taylor Frigon Capital Management Llc sold 2,489 shares as the company’s stock declined 10.97% with the market. The institutional investor held 17,896 shares of the technology company at the end of 2018Q3, valued at $2.46 million, down from 20,385 at the end of the previous reported quarter. Taylor Frigon Capital Management Llc who had been investing in Epam Systems Inc. for a number of months, seems to be less bullish one the $6.26B market cap company. The stock decreased 2.78% or $3.31 during the last trading session, reaching $115.94. About 171,819 shares traded. EPAM Systems, Inc. (NYSE:EPAM) has risen 22.16% since December 17, 2017 and is uptrending. It has outperformed by 22.16% the S&P500. Some Historical EPAM News: 09/05/2018 – EPAM Systems 1Q Rev $424.1M; 09/05/2018 – EPAM Systems 1Q EPS $1.15; 09/05/2018 – EPAM Systems Raises FY18 View To EPS $3.77; 04/04/2018 – $GLOB premium valuation to $EPAM and $LXFT should dissipate given higher business risk and lower financial transparency. $GLOB 40%-50% downside; 09/05/2018 – EPAM Systems 1Q Adj EPS 93c; 09/05/2018 – EPAM Systems Had Seen FY18 Adj EPS $4.0; 09/05/2018 – EPAM Systems Sees 2Q EPS 82c; 09/05/2018 – EPAM Systems Sees 2Q Adj EPS 98c; 15/03/2018 – EPAM SYSTEMS INC – ADJUSTMENTS TO ITS 2018 OUTLOOK RELATE SOLELY TO IMPACT OF CONTINUUM ACQUISITION; 15/03/2018 – EPAM SYSTEMS INC – NOW EXPECTS REVENUE GROWTH FOR FULL YEAR 2018 TO BE AT LEAST 26% REPORTED
Blue Chip Partners Inc decreased its stake in Norfolk Southern Corp (NSC) by 10.31% based on its latest 2018Q3 regulatory filing with the SEC. Blue Chip Partners Inc sold 2,058 shares as the company’s stock declined 13.46% with the market. The hedge fund held 17,896 shares of the railroads company at the end of 2018Q3, valued at $3.23 million, down from 19,954 at the end of the previous reported quarter. Blue Chip Partners Inc who had been investing in Norfolk Southern Corp for a number of months, seems to be less bullish one the $40.44 billion market cap company. The stock decreased 1.58% or $2.39 during the last trading session, reaching $148.49. About 1.47 million shares traded. Norfolk Southern Corporation (NYSE:NSC) has risen 10.53% since December 17, 2017 and is uptrending. It has outperformed by 10.53% the S&P500. Some Historical NSC News: 18/04/2018 – Norfolk Southern Closes Above 50-Day Moving Average: Technicals; 25/04/2018 – Norfolk Southern 1Q Net $552M; 30/04/2018 – Norfolk Southern receives American Chemistry Council award as industry-leading partner in responsible chemical transport; 27/03/2018 – Norfolk Southern appoints McClellan, Elkins to new positions; 16/03/2018 – DOT STB: Case Title: NORFOLK SOUTHERN RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN AURORA, PORTAGE COUNTY, OHIO; 26/04/2018 – NORFOLK SOUTHERN CORP NSC.N : JP MORGAN RAISES TARGET PRICE TO $157 FROM $150; 16/03/2018 – Norfolk Southern Remaining Neutral Toward TRC’s Offer; 09/05/2018 – NORFOLK SOUTHERN SAYS PARTNERS WITH PLUG AND PLAY TO DRIVE INNOVATION IN SUPPLY CHAIN LOGISTICS; 07/05/2018 – NORFOLK SOUTHERN RESPONDS TO FRA REQUEST FOR INFO ON AUTOMATION; 21/03/2018 – CFO Earhart Gifts 135 Of Norfolk Southern Corp
Analysts await EPAM Systems, Inc. (NYSE:EPAM) to report earnings on February, 15. They expect $1.03 earnings per share, up 24.10% or $0.20 from last year’s $0.83 per share. EPAM’s profit will be $55.63M for 28.14 P/E if the $1.03 EPS becomes a reality. After $1.07 actual earnings per share reported by EPAM Systems, Inc. for the previous quarter, Wall Street now forecasts -3.74% negative EPS growth.
More notable recent EPAM Systems, Inc. (NYSE:EPAM) news were published by: Globenewswire.com which released: “EPAM Reports Results for Fourth Quarter and Full Year 2017 – GlobeNewswire” on February 16, 2018, also Globenewswire.com with their article: “EPAM Reports Results for First Quarter 2018 NYSE:EPAM – GlobeNewswire” published on May 09, 2018, Gurufocus.com published: “EPAM Recognized As A Top 10 Travel, Hospitality & Logistics Service Provider By HFS – GuruFocus.com” on November 26, 2018. More interesting news about EPAM Systems, Inc. (NYSE:EPAM) were released by: Streetinsider.com and their article: “Fed up with Facebook, US fund managers look for alternatives – StreetInsider.com” published on December 06, 2018 as well as Seekingalpha.com‘s news article titled: “Luxoft Shares Oversold, Provide Good Return Potential – Seeking Alpha” with publication date: November 30, 2018.
Investors sentiment decreased to 0.89 in 2018 Q3. Its down 0.34, from 1.23 in 2018Q2. It dived, as 45 investors sold EPAM shares while 96 reduced holdings. 49 funds opened positions while 76 raised stakes. 47.91 million shares or 4.40% more from 45.90 million shares in 2018Q2 were reported. Oppenheimer Asset Mgmt Incorporated holds 0.04% of its portfolio in EPAM Systems, Inc. (NYSE:EPAM) for 11,892 shares. Marshall Wace Ltd Liability Partnership invested 0.03% of its portfolio in EPAM Systems, Inc. (NYSE:EPAM). 3,618 are owned by Creative Planning. Comerica Bank accumulated 2,276 shares. Cubist Systematic Strategies Limited Liability invested in 2,400 shares. Loomis Sayles & Ltd Partnership has 83,303 shares for 0.02% of their portfolio. Janney Capital Mgmt Lc owns 0.02% invested in EPAM Systems, Inc. (NYSE:EPAM) for 17,829 shares. Tower Rech Ltd (Trc) holds 0.01% of its portfolio in EPAM Systems, Inc. (NYSE:EPAM) for 1,072 shares. Wilbanks Smith & Thomas Asset Mngmt Limited Liability Company holds 0% or 19 shares. First Bancorporation Of Hutchinson stated it has 0.57% of its portfolio in EPAM Systems, Inc. (NYSE:EPAM). Great West Life Assurance Can invested in 0% or 5,636 shares. Swiss Bancorp has 0.01% invested in EPAM Systems, Inc. (NYSE:EPAM). Impact Limited Liability has invested 0.64% in EPAM Systems, Inc. (NYSE:EPAM). Mckinley Capital Management Ltd Liability Company Delaware reported 0.01% of its portfolio in EPAM Systems, Inc. (NYSE:EPAM). Synovus Fincl Corp holds 0% or 417 shares.
Since August 21, 2018, it had 0 insider purchases, and 3 selling transactions for $5.48 million activity. $2.86M worth of EPAM Systems, Inc. (NYSE:EPAM) was sold by Dvorkin Viktar. $2.14M worth of EPAM Systems, Inc. (NYSE:EPAM) was sold by Fejes Balazs on Monday, August 27.
Taylor Frigon Capital Management Llc, which manages about $151.84 million and $131.77M US Long portfolio, upped its stake in Radcom Ltd. (NASDAQ:RDCM) by 119,533 shares to 224,353 shares, valued at $2.52 million in 2018Q3, according to the filing.
Among 20 analysts covering EPAM Systems (NYSE:EPAM), 16 have Buy rating, 0 Sell and 4 Hold. Therefore 80% are positive. EPAM Systems had 60 analyst reports since August 6, 2015 according to SRatingsIntel. The firm has “Buy” rating by Monness Crespi given on Thursday, March 9. The company was maintained on Friday, March 16 by Needham. The stock has “Overweight” rating by Cantor Fitzgerald on Friday, November 2. The stock of EPAM Systems, Inc. (NYSE:EPAM) earned “Overweight” rating by KeyBanc Capital Markets on Monday, May 7. The stock of EPAM Systems, Inc. (NYSE:EPAM) has “Buy” rating given on Friday, October 5 by Citigroup. Barclays Capital maintained the shares of EPAM in report on Tuesday, November 8 with “Equal Weight” rating. Cowen & Co initiated the stock with “Outperform” rating in Friday, February 19 report. The firm has “Buy” rating by Citigroup given on Friday, October 13. The stock of EPAM Systems, Inc. (NYSE:EPAM) earned “Hold” rating by Credit Suisse on Tuesday, February 20. The stock of EPAM Systems, Inc. (NYSE:EPAM) earned “Outperform” rating by Wedbush on Monday, May 8.
Since August 13, 2018, it had 0 buys, and 3 insider sales for $6.41 million activity. 34,077 shares were sold by Squires James A, worth $5.85 million on Monday, August 13. Shares for $138,216 were sold by Wheeler Michael Joseph on Wednesday, November 7.
More recent Norfolk Southern Corporation (NYSE:NSC) news were published by: Seekingalpha.com which released: “Norfolk Southern: Is This As Good As It Gets? – Seeking Alpha” on November 28, 2018. Also Bizjournals.com published the news titled: “Cousins Properties files plans for giant Norfolk Southern HQ in Midtown – Atlanta Business Chronicle – Atlanta Business Chronicle” on November 19, 2018. Benzinga.com‘s news article titled: “Norfolk Souther Corporation (NYSE:NSC), CSX Corporation (NYSE:CSX) – The Word On Norfolk Southern: Wait Until February – Benzinga” with publication date: October 24, 2018 was also an interesting one.
Analysts await Norfolk Southern Corporation (NYSE:NSC) to report earnings on January, 23. They expect $2.33 EPS, up 37.87% or $0.64 from last year’s $1.69 per share. NSC’s profit will be $634.57M for 15.93 P/E if the $2.33 EPS becomes a reality. After $2.52 actual EPS reported by Norfolk Southern Corporation for the previous quarter, Wall Street now forecasts -7.54% negative EPS growth.
Blue Chip Partners Inc, which manages about $214.43M and $410.13 million US Long portfolio, upped its stake in Us Bancorp Del (NYSE:USB) by 20,951 shares to 114,959 shares, valued at $6.07M in 2018Q3, according to the filing. It also increased its holding in Chevron Corp New (NYSE:CVX) by 2,513 shares in the quarter, for a total of 69,824 shares, and has risen its stake in Dominion Energy Inc (NYSE:D).
https://finreviewer.com/2018/12/17/epam-systems-epam-shareholder-taylor-frigon-capital-management-has-cut-its-holding-by-340993-as-stock-declined-blue-chip-partners-lowered-its-norfolk-southern-nsc-stake-as-shares-declined/
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EPA Regulatory Environmental Law News Update November 2018
Dec 17, 2018 | National Law Review
By Bergeson & Campbell
TSCA/FIFRA/TRI
EPA Publishes First Draft TSCA Chemical Risk Evaluation:
On November 15, 2018, the U.S. Environmental Protection Agency (EPA) published a Federal Register notice announcing the availability of and seeking public comment on the first draft chemical risk evaluation under the Toxic Substances Control Act (TSCA), as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg). 83 Fed. Reg. 57473. The draft risk evaluation for Colour Index (C.I.) Pigment Violet 29 is intended to determine whether C.I. Pigment Violet 29 presents an unreasonable risk to health or the environment under the conditions of use, including an unreasonable risk to a relevant potentially exposed or susceptible subpopulation. According to the notice, EPA is also submitting these same documents to the TSCA Science Advisory Committee on Chemicals (SACC) to peer review the draft risk evaluation. EPA published a separate Federal Register notice on November 30, 2018, containing the peer review meeting details. 83 Fed. Reg. 61629. The SACC preparatory virtual pre-meeting will be on January 8, 2019. The four-day in-person meeting will be on January 29 to February 1, 2019. Comments on the draft risk evaluation are due January 14, 2019. EPA will provide all comments submitted on the draft risk evaluation to the TSCA SACC peer review panel, which will have the opportunity to consider the comments during its discussions. More information is available online.
EPA Withdraws Direct Final SNUR:
On November 16, 2018, EPA withdrew 28 significant new use rules (SNUR) previously announced under a direct final rule. 83 Fed. Reg. 57689. EPA received adverse comment from industry and non-governmental organizations (NGO) citing a range of objections to several of the SNURs. EPA was thus required to withdraw the SNURs and must propose them. The direct final rule was issued on September 17, 2018. 83 Fed. Reg. 47004. Also on September 17, 2018, EPA issued proposed SNURs covering the 28 chemical substances. 83 Fed. Reg. 47026. According to the November 16 notice, EPA will address all adverse public comments in a subsequent final rule based on the proposed rule.
U.S. Canada-RCC Stakeholder Forum Includes EPA-PMRA Breakout Session:
On November 19, 2018, EPA announced a meeting of the U.S.-Canada Regulatory Cooperation Council (RCC) Stakeholder Forum that took place on December 4, 2018. The RCC brings together senior regulatory officials, industry, and other members of the public from both sides of the U.S.-Canada border to promote economic growth, innovation, competitiveness, and job creation through the elimination of unnecessary regulatory differences between the U.S. and Canada. Canadian and U.S. regulators will provide progress reports on existing regulatory cooperation efforts and solicit public input on new opportunities for regulatory cooperation. During the forum, EPA’s Office of Pesticide Programs (OPP) and Canada’s Pest Management Regulatory Agency (PMRA) lead a breakout session that included updates on the successes of the 2016 work plan and cooperation between the two agencies pertaining to pesticide registration. The U.S. and Canadian agencies are working together to:
Collaborate on a bilateral pesticide re-evaluation for three neonicotinoid pesticides (i.e., imidacloprid, thiamethoxam, and clothianidin) employing a new pollinator risk assessment framework;
Develop best practices for coordinated work planning for the re-evaluation of registered pesticides;
Develop new and/or alternative approaches to testing and assessment, including reducing the need for animal testing wherever possible;
Align pesticide residue trial requirements by prospectively determining the number of residue field trials required for joint registrations; and
Jointly develop information technology solutions that facilitate the submission of applications to either regulatory authority.
EPA Announces Human Health Toxicity Assessments For GenX Chemicals, PFBS, And Related Compound Potassium Perfluorobutane Sulfonate:
On November 21, 2018, EPA announced a 60-day public comment period associated with the release of two draft toxicity assessments for public comment. 83. Fed. Reg. 58768. The two assessments are:
Draft Human Health Toxicity Values for Hexafluoropropylene Oxide (HFPO) Dimer Acid and its Ammonium Salt (GenX Chemicals); and
Draft Human Health Toxicity Values for Perfluorobutane Sulfonic Acid (PFBS) and Related Compound Potassium Perfluorobutane Sulfonate.
EPA developed the draft assessments to provide the health effects information available for GenX Chemicals and PFBS and describe in the assessments how that information was used to derive draft toxicity values. Following the closure of the public comment period, EPA will consider the comments, revise the draft documents, and consider the need for additional peer review, as appropriate, and then publish final toxicity assessments. The toxicity assessments for GenX Chemicals and PFBS are scientific and technical reports that include toxicity values associated with potential noncancer health effects following oral exposure (in this case, oral reference doses RfD)). The toxicity assessments and the values contained within are not risk assessments as they do not include exposure assessments or provide a risk characterization. Comments are due by January 22, 2019.
EPA Announces New Acting Deputy AA At OCSPP:
On November 26, 2018, EPA’s Office of Chemical Safety and Pollution Prevention (OCSPP) announced that Lek Kadeli joined OCSPP’s Immediate Office as Acting Deputy Assistant Administrator (AA) (Management). EPA states that Kadeli has extensive experience managing and supporting a wide range of environmental and human health-related programs. Kadeli has worked at EPA previously; for eight years he was the Principal Deputy AA in EPA’s Office of Research of Development (ORD), serving several periods during that time as ORD’s Acting AA. Kadeli has also served as Director for ORD’s Office of Resource Management and Administration; Chief of ORD’s Resources Planning and Execution Staff; Office of International Activities Senior Budget Officer; and as a budget analyst in the Office of Administration and Resource Management’s Office of Comptroller.
Most recently, Kadeli worked at the World Bank Group in Washington, D.C. as the co-program manager of the Pollution Management and Environmental Health Program, Environment and National Resources Global Practice. Kadeli holds a B.A. in Political Science from George Mason University and an M.A. in National Security Studies from Georgetown University.
EPA Seeks Comment On Several TSCA ICRs:
On November 27, 2018, EPA requested comment on several information collection requests (ICR) involving three different TSCA reporting obligations. The first addresses an ICR submitted to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA): ‘‘PCBs, Consolidated Reporting and Record Keeping Requirements,’’ identified by EPA ICR Number 1446.12 and OMB Control Number 2070–0112. 83 Fed. Reg. 60844. The ICR provides a detailed explanation of the collection activities and the burden estimate that is only briefly summarized in the notice. The action is a request to renew the approval of an existing ICR. The second involves “Premanufacture Review Reporting and Exemption Requirements for New Chemical Substances and Significant New Use Reporting Requirements for Chemical Substances” (EPA ICR No. 0574.18, OMB Control No. 2070–0012). 83 Fed. Reg. 60845. The third involves “Health and Safety Data Reporting, Submission of Lists and Copies of Health and Safety Studies,” identified by EPA ICR No. 0575.16 and OMB Control No. 2070-0004. 83 Fed. Reg. 60853. Comments on each are due by December 27, 2018.
EPA Issues Proposed Rule To Harmonize EPA-Specific Regulations In Revised Common Rule:
On December 6, 2018, EPA announced it was proposing a rule to harmonize the EPA-specific regulations regarding research involving human subjects conducted or sponsored by EPA or submitted to EPA for regulatory purposes with the revised regulations of the Federal Policy for the Protection of Human Subjects (Common Rule) issued on January 19, 2017 (82 Fed. Reg. 7149). 83 Fed. Reg. 62760. Specifically, EPA is proposing to amend Subparts C, D, K, and M of its regulations relating to human research. Subpart K, titled “Basic Ethical Requirements for Third-Party Human Research for Pesticides Involving Intentional Exposure of Non-Pregnant, Non-Nursing Adults,” contains the majority of the revisions. Subparts C and D will be revised to update several numerical citations and Subpart M will be revised to correct a typographical error. Comments on the proposed rule are due by February 4, 2019. More information is available in our blog.
EPA Seeks Comment On SACC Nominees:
On December 14, 2018, EPA published a Federal Register notice requesting public review and comments on the scientific experts nominated to be considered for ad hoc participation and possible membership on the TSCA SACC. 83 Fed. Reg. 64341. Nominations that were received in response to a prior notice are being considered for ad hoc participation on an as needed basis for the TSCA SACC’s peer reviews of EPA’s risk evaluations for chemical substances addressed under TSCA. In addition, all nominees are under consideration for TSCA SACC membership to fulfill short-term needs when a vacancy occurs on the chartered Committee. Brief biographical sketches of nominees to be considered for ad hoc participation and possible membership on the TSCA SACC are posted on the TSCA SACC website at http://www.epa.gov/?tsca-peer-review or may be obtained from the Office of Pollution Prevention and Toxics (OPPT) Docket (EPA-HQ-OPPT-2018-0605) at http://www.regulations.gov. Comments are due on January 14, 2019.
RCRA/CERCLA/CWA/CAA/SDWA/PHMSA
EPA Revises Superfund Target List And Amends Criteria For Adding Sites:
On November 20, 2018, EPA released a third revision to the Administrator’s Emphasis List of Superfund Sites Targeted for Immediate, Intense Action. EPA removed the West Lake Landfill site in Bridgeton, MO, from the list and added the Universal Oil Products, East Rutherford, NJ; Allied Paper, Kalamazoo, MI; and Madison County Anschutz Mine, Fredericktown, MO, sites to the list. With this update, there are 16 Superfund sites on the list. EPA also revised the criteria for adding sites to the list. EPA will now consider adding sites based on one or more of the following criteria:
Sites where the Administrator’s attention may help to enhance human health and environmental protection, promote more timely resolution of issues, advance more effective cleanup, or promote redevelopment opportunities;
Sites in diverse geographical areas and in various environmental settings;
Sites that are addressing different contaminants;
Both Fund and potentially responsible party lead sites; and
Sites that are representative of other sites, which can provide lessons learned and best practices for similar sites.
DOT Issues Immediately Effective Rule Setting Minimum And Maximum Civil Penalties:
On November 27, 2018, the Department of Transportation (DOT) issued an immediately effective final rule adjusting minimum and maximum civil penalties for the agencies under its authority. 83 Fed. Reg. 60732. The rule applies to the Federal Aviation Administration (FAA), the Pipeline and Hazardous Materials Administration (PHMSA), the Federal Railroad Administration (FRA), and other agencies. The rule implements the Federal Civil Penalties Inflation Adjustment Act of 1990 (FCPIAA). The FCPIAA and the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act) require federal agencies to adjust minimum and maximum civil penalty amounts for inflation to preserve their deterrent impact. The 2015 Act amended the formula and frequency of inflation adjustments. It required an initial catch-up adjustment in the form of an interim final rule, followed by annual adjustments of civil penalty amounts using a statutorily mandated formula. Section 4(b)(2) of the 2015 Act specifically directs that the annual adjustment be accomplished through final rule without notice and comment. The rule generally raises penalties by slightly over one percent.
PHMSA Proposes Revisions To HMRs To Align With International Standards:
On November 27, 2018, in a Notice of Proposed Rulemaking (NPRM), PHMSA proposed dozens of revisions to the hazardous materials regulations (HMR) aligning them with international HMRs. 83 Fed. Reg. 60970. PHMSA is proposing changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. PHMSA states that these revisions are necessary to harmonize the HMR with recent changes made to the International Maritime Dangerous Goods Code (IMDG Code), the International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), and the United Nations Recommendations on the Transport of Dangerous Goods -- Model Regulations (UN Model Regulations). Additionally, PHMSA proposes several amendments to the HMR that would allow for increased alignment with Transport Canada, Transportation of Dangerous Goods (Transport Canada TDG). Among other changes, PHMSA is proposing the following revisions to the HMRs:
Incorporation by Reference: PHMSA proposes to incorporate by reference the newest versions of various international hazardous materials standards, including: the 2019–2020 Edition of the ICAO Technical Instructions; Amendment 39-18 to the IMDG Code; the 20th Revised Edition of the UN Model Regulations; Amendment 1 to the 6th Revised Edition of the UN Manual of Tests and Criteria; and the 7th Revised Edition of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). Additionally, PHMSA proposes to update its incorporation by reference of the Transport Canada TDG Regulations to include: SOR/2016-95 published June 1, 2016; SOR/2017-137 published July 12, 2017; and SOR/2017-253 published December 13, 2017. Finally, in this NPRM, PHMSA proposes the adoption of updated International Organization for Standardization (ISO) standards.
Hazardous Materials Table: PHMSA proposes amendments to the Hazardous Materials Table (49 C.F.R. § 172.101) consistent with recent changes in the Dangerous Goods List of the 20th Revised Edition of the UN Model Regulations, the IMDG Code, and the ICAO Technical Instructions. Specifically, PHMSA is proposing to add, revise, or remove certain proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, bulk packaging requirements, and passenger and cargo aircraft maximum quantity limits.
Articles Containing Dangerous Goods: PHMSA proposes to add a classification system for articles containing hazardous materials that do not already have a proper shipping name. This proposal would address situations in which hazardous materials or hazardous materials residues are present in articles, and authorize a safe method to transport articles that may be too large to fit into typical packages.
Lithium Battery Test Summary: PHMSA proposes the inclusion of a lithium battery test summary requirement. The HMRs require lithium battery manufacturers to subject their batteries to appropriate UN design tests to ensure they are classified correctly for transport, and develop records of successful test completion. The proposed test summary would include a standardized set of elements that provide traceability and accountability, thereby ensuring that lithium cell and battery designs offered for transport meet the appropriate UN tests.
Baggage Equipped with Lithium Batteries: PHMSA proposes to amend the aircraft passenger provisions for carriage of baggage equipped with lithium batteries intended to power features such as location tracking, battery charging, digital weighing, or motors (sometimes referred to as “smart luggage”). Specifically, baggage equipped with a lithium battery or batteries would be required to be carried in the cabin of the aircraft unless the battery or batteries are removed.
Segregation of Lithium Batteries from Specific Hazardous Materials: PHMSA proposes requirements to segregate lithium cells and batteries from certain other hazardous materials, notably flammable liquids, when offered for transport or transported on aircraft. PHMSA is taking this action to promote consistency with the ICAO Technical Instructions and a recommendation (A16-001) from the National Transportation Safety Board (NTSB) stemming from the investigation of the July 28, 2011, in-flight fire and crash of Asiana Airlines Flight 991 incident that resulted in the loss of the aircraft and crew. The investigation report cited as a contributing factor the flammable materials and lithium ion batteries that were loaded together either in the same or adjacent pallets.
Alternative Criteria for Classification of Corrosive Materials: PHMSA proposes to include non-testing alternatives for classifying corrosive mixtures that use existing data on their chemical properties. Currently the HMRs require offerors to classify Class 8 corrosive material and assign a packing group based on test data. The HMRs authorize a skin corrosion test and various in vitro test methods that do not involve animal testing. Data obtained from testing, however, is currently the only data acceptable for classification and assigning a packing group. These alternatives would afford offerors the ability to make a classification and packing group assignment without the need to conduct physical tests.
Provisions for Polymerizing Substances: PHMSA is proposing to extend the sunset dates for provisions concerning the transportation of polymerizing substances from January 2, 2019, to January 2, 2021. This additional time will allow PHMSA to finalize research and analyze comments and data concerning the issue submitted to the docket for this NPRM. This information will allow PHMSA to have a more comprehensive understanding of polymerizing substances and further consider the most appropriate transport provisions for these materials.
Comments are due by January 28, 2019.
EPA Deletes Compound From List Of VOCs Regulated Under The Clean Air Act:
On November 28, 2018, EPA issued a final rule revising the regulatory definition of volatile organic compounds (VOC) under the Clean Air Act (CAA). 83 Fed. Reg. 61127. EPA deleted cis-1,1,1,4,4,4-hexafluorobut-2-ene (HFO-1336mzz-Z; Chemical Abstracts Service (CAS) Number 692-49-9) from the regulatory list of VOCs after determining that it makes a negligible contribution to tropospheric ozone formation. The products and industries most affected by this revision include polystyrene foam, urethane foam, air conditioning heating equipment, commercial industrial refrigeration equipment manufacturing, motor vehicle parts manufacturing, ship building and repair, and boat building. EPA deleted the compound in response to a 2014 petition from DuPont Chemicals & Fluoroproducts (DuPont). DuPont’s petition sufficiently demonstrated the negligible ozone formation potential of the compound. In addition to CAA regulations, this final rule will impact the regulation of this compound across other regulatory programs, including TSCA and the Emergency Planning and Community Right-to-Know Act (EPCRA). The rule will be effective on January 28, 2019.
EPA Publishes RCRA Airbag Exemption Rule:
EPA on November 30, 2018, published its final rule in the Federal Register promulgating a conditional exemption for recalled airbag inflators. 83 Fed. Reg. 61552. The rule was effective on November 30, 2018, but EPA is accepting comment on it until January 29, 2019. We summarized the rule in our November 2018 regulatory update, which is available online.
EPA Announces RMP Revisions Are In Effect:
On December 3, 2018, EPA issued a final rule stating that the amendments to the Risk Management Program (RMP) under the CAA that EPA promulgated on January 13, 2017 (82 Fed. Reg. 4594) are in effect as of December 3, 2018. 83 Fed. Reg. 62268. EPA delayed the rule’s effective date three times: on January 26, 2017 (82 Fed. Reg. 8499), March 16, 2017 (82 Fed. Reg. 13969), and June 14, 2017 (82 Fed. Reg. 27133). On August 17, 2018, the U.S. Court of Appeals for the District of Columbia Circuit vacated the June 14, 2017, rule that had delayed the effective date of the RMP amendments rule until February 19, 2019. On September 21, 2018, the Court issued its mandate which makes the RMP amendments now effective. The amendments are intended to modernize EPA’s RMP regulations as required under Executive Order (EO) 13650, which directs the federal government to carry out certain tasks intended to prevent chemical incidents, such as the explosion in West, Texas, on April 17, 2013. Specifically, the amendments are intended to address and improve accident prevention program elements; enhance the emergency preparedness requirements; and ensure Local Emergency Planning Committees, local emergency response officials, and the public can access information in a user-friendly format to help them understand the risks at RMP facilities and better prepare for emergencies.
EPA Proposes To Revise NSPS For Fossil Fuel-Fired Power Plants:
EPA announced its proposal to revise the New Source Performance Standards (NSPS) under the CAA for greenhouse gas emissions from new, modified, and reconstructed fossil fuel-fired power plants. EPA is proposing under CAA Section 111(b) to revise its determination of the best system of emission reduction (BSER) for these plants. This determination would replace EPA’s 2015 determination that partial carbon capture and storage (CCS) technology was the BSER for new coal units. Specifically, EPA proposes to determine that the BSER for newly constructed coal-fired units is the most efficient demonstrated steam cycle in combination with best operating practices. EPA blamed high costs and limited geographic availability of CCS for requiring revisions to the NSPS. The proposal includes four actions based on a revised BSER:
Revising the standards for newly constructed steam units as separate standards for large and small units. For large units, the proposed emission rate would be 1,900 pounds of carbon dioxide (CO2) per megawatt-hour on a gross output basis (lb CO2/MWh-gross). For small units, the proposed emission rate would be 2,000 lb CO2/MWh-gross.
Creating separate standards of performance for newly constructed coal refuse-fired units. Regardless of size, the proposed emission rate would be 2,200 lb CO2/MWh-gross.
Amending the standards for large modifications of steam generating units to be consistent with the standards for large and small newly constructed units.
Changing the standards of performance for reconstructed fossil fuel-fired steam units to be consistent with the emission rates for newly constructed units.
In addition to these proposed revisions, EPA seeks comment on whether and how to address concerns raised by stakeholders regarding the increased use of simple cycle aeroderivative turbines. EPA is also taking comment on the regulatory threshold under Section 111(b) that a source category “causes, or contributes significantly to,” air pollution. EPA asks for the public’s views on the proper interpretation of this phrase, EPA’s past approach to this requirement, and whether this requirement should apply differently in the context of greenhouse gases than for traditional pollutants. Comments will be due after the rule is published in the Federal Register.
EPA Releases WOTUS Replacement Rule Proposal:
On December 11, 2018, EPA’s Acting Administrator Andrew Wheeler announced EPA’s and the U.S. Army Corps of Engineers’ (Corps) release of their highly anticipated proposed replacement definition of “Waters of the U.S.” (WOTUS) that defines the scope of waters and wetlands that fall under federal Clean Water Act (CWA) jurisdiction. The 2018 WOTUS rule proposal is currently available in pre-publication format on EPA’s website here along with several fact sheets and other supporting materials. At this time, it is unclear as to what date EPA and the Corps will publish the proposal in the Federal Register and officially begin to accept public comment. More information is available in our memorandum.
EPA Proposes Revisions To Stormwater NPDES Permits For Construction Activities:
EPA on December 12, 2018, proposed revisions to the National Pollutant Discharge Elimination System (NPDES) general permit for stormwater discharges associated with construction activities. 83 Fed. Reg. 63858. EPA proposes to remove from the definition of “operator” the examples of the type of party that may be considered an operator. The revisions clarify that if a party wishes to obtain coverage under the 2017 Construction General Permit (CGP) for its stormwater discharges from construction activities, it is the operator who is responsible for submitting to EPA a Notice of Intent (NOI) for coverage under the permit. EPA also proposes to revise two erosion and sediment control requirements and one pollution prevention requirement in the 2017 CGP to clarify their intent. EPA further proposes to modify the 2017 CGP to clarify an individual operator’s legal responsibility for permit compliance in situations where there are multiple operators who divide permit responsibilities. Specifically, EPA proposes to remove references to joint and several liability from the current permit since they are, in EPA’s view, an inaccurate explanation of what the permit compliance duties are for multiple operators who share implementation responsibilities under the permit. Comments must be received by January 28, 2019.
EPA Streamlines Hazardous Waste Regulations For Pharmaceuticals:
EPA Acting Administrator Andrew Wheeler on December 11, 2018, signed a final Resource Conservation and Recovery Act (RCRA) rule streamlining standards for managing hazardous waste pharmaceuticals. The final rule will be published shortly in the Federal Register. Certain pharmaceuticals are regulated as hazardous waste under RCRA when discarded. This final rule removes these pharmaceuticals from full RCRA regulation and creates a new Part 266 Subpart P for the management of hazardous waste pharmaceuticals by healthcare facilities and reverse distributors. Healthcare facilities (for both humans and animals) and reverse distributors will manage their hazardous waste pharmaceuticals under this new set of sector-specific standards in lieu of RCRA generator regulations in Part 262. The new rule also prohibits the disposal of hazardous waste pharmaceuticals down the drain -- “sewering” -- and eliminates the dual regulation of RCRA hazardous waste pharmaceuticals that are also Drug Enforcement Administration (DEA) controlled substances. The rule maintains the household hazardous waste exemption for pharmaceuticals collected during pharmaceutical take-back programs and events. The new Subpart also codifies EPA’s prior policy on the regulatory status of nonprescription pharmaceuticals going through reverse logistics. Specifically, the rule reaffirms that non-prescription pharmaceuticals and other unsold retail items that have a reasonable expectation of being used/reused or legitimately reclaimed are not solid or hazardous waste. EPA also is amending the P075 acute hazardous waste listing of nicotine and salts to exclude certain U.S. Food and Drug Administration (FDA) approved over-the-counter (OTC) nicotine replacement therapies (NRT). The final rule also establishes a policy on the regulatory status of unsold retail items that are not pharmaceuticals and are managed via reverse logistics. The revisions promulgated by EPA will only be effective in those states that do not have final authorization of their base RCRA programs, i.e., Alaska and Iowa. EPA is, however, promulgating the prohibition of “sewering” hazardous waste pharmaceuticals under the authority of the Hazardous and Solid Waste Amendments (HSWA) in Section 3018 of RCRA. That prohibition thus will become effective in all states upon the effective date of the rule. The revisions will become effective in those states with RCRA authorized programs only when the states adopt the revisions, although they are not required to do so. The rule will become effective six months after it is published in the Federal Register. A pre-publication copy of the rule is available here.
FDA
FDA Advances Development Of New Consumer Survey Assessing Allergens In Cosmetics:
On November 8, 2018, FDA announced an opportunity for public comment on a pilot study entitled “Web-based Pilot Survey to Assess Allergy to Cosmetics in the United States.” 83 Fed. Reg. 55896. The web-based consumer survey will focus on allergens in cosmetics, including fragrances, hair products, makeup, nail products, and skin care products. The people invited to participate in the survey will be selected to be representative of U.S. adults. FDA states that the survey will “help the agency better understand consumer perceptions and awareness regarding allergens in cosmetics as well as consumer decisions about whether to purchase specific products or to avoid certain ingredients, when to contact a health care professional, and when to report an adverse event.” To conduct the survey, FDA must receive approval from OMB; if OMB approval is received, FDA states it expects to begin conducting the new consumer survey in 2019. Comments are due by January 7, 2019.
IFSAC Releases Report On Foodborne Illness Source Attribution For Salmonella, E. Coli O157, Listeria Monocytogenes, And Campylobacter:
On November 9, 2018, the Interagency Food Safety Analytics Collaboration (IFSAC), a collaboration among FDA, the Centers for Disease Control and Prevention (CDC), and the U.S. Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS), released a report titled “Foodborne illness source attribution estimates for 2016 for Salmonella, Escherichia coli O157, Listeria monocytogenes, and Campylobacter using multi-year outbreak surveillance data, United States.” FDA states that the authors used outbreak data to produce new estimates for foods responsible for foodborne illnesses caused by four pathogens in 2016. Together, these four pathogens cause 1.9 million foodborne illnesses in the United States each year. FDA included the following highlights in its news release:
Salmonella illnesses came from a wide variety of foods;
Escherichia coli O157 (E. coli O157) illnesses were most often linked to vegetable row crops (such as leafy greens) and beef;
Listeria monocytogenes illnesses were most often linked to dairy products and fruits; and
Campylobacter illnesses were most often linked to chicken after removing dairy outbreaks from the estimates.
FDA Reminds Constituents To Obtain Third-Party Certifications; Updates Guidance For Industry On Exports Of Milk, Seafood, Infant Formula, And Formula For Young Children To China:
On November 27, 2018, FDA updated its Constituent Update regarding its Memorandum of Understanding (MOU) with China to outline a certification process for certain exports, specifically to remind U.S. establishments that are currently listed on the dairy, seafood, and infant formula exports lists for China that the Certification and Accreditation Administration of the People’s Republic of China (CNCA) requires them to obtain third-party certification of compliance with the relevant standards, laws, and regulations of China by June 15, 2019, if they wish to maintain continued access to the Chinese market. To remain on the lists, establishments will need to submit evidence of their third-party certifications via the Export Listing Module (ELM)before the June 15, 2019, deadline. FDA also updated its related guidance for industry titled “Establishing and Maintaining a List of U.S. Milk and Milk Product, Seafood, Infant Formula and Formula for Young Children Manufacturers/Processors with Interest in Exporting to China” to further explain how establishments should apply to be included on FDA’s lists of exporters to China using the new ELM, how FDA intends to determine whether the establishment should be recommended for inclusion for specific products, and how FDA intends to update this information.
FDA Adds Resources To Assist Food Facilities With Biennial Registration Renewal:
On November 28, 2018, FDA issued a Constituent Update stating that it is adding resources to assist food facilities with their biennial registration renewals.Food facilities that are required to register with the FDA must renew their registration this year between October 1, 2018, and December 31, 2018. Two new resources FDA released to assist food facilities in this process are:
A recording of its October 25, 2018, webinar to walk stakeholders through the renewal process and answer questions; and
A fact sheet to explain what food facilities need to know about this year’s biennial registration renewal period. The fact sheet answers questions such as: Who needs to register? How can food facilities go about renewing their registration? And how can facilities save time during the renewal process?
Additional information on this year’s biennial registration renewal period can be found at the Food Facility Registration User Guide: Biennial Registration Renewal web page.
FDA To Allow Stakeholders To Comment On First And Second Installments Of Intentional Adulteration Draft Guidance Together:
On December 4, 2018, FDA issued a Constituent Update stating that stakeholders will be able to comment on the first two installments of the draft guidance for industry titled Mitigation Strategies to Protect Food Against Intentional Adulteration together. FDA states that even though the closing date for public comment on the first installment of the draft guidance is December 17, 2018, it intends to ask for comments on both the first and upcoming second installments during the comment period after the second installment is issued. The first installment, released in June 2018, was designed to support compliance with the Intentional Adulteration final rule (IA rule) under the Food Safety Modernization Act (FSMA). The second installment of the draft guidance will be presented in early 2019 alongside the first installment, and the public can view content from both together. FDA states it wants to give stakeholders an opportunity to consider the available guidance materials when drafting their comments. When the second installment is published, there will be an additional 120 days to comment on the expanded guidance. The first compliance date for larger businesses under the IA Rule is July 26, 2019.
FDA Issues RFI To Assess The Safety And Effectiveness Of OTC Antiseptic Drug Products:
On December 7, 2018, FDA announced that it issued a Request for Information (RFI) and established a docket to obtain data, information, and comments that will assist in assessing the safety and effectiveness of OTC food handler antiseptic drug products (i.e., antiseptic hand washes or rubs intended for use in food handling settings). 83 Fed. Reg. 63168. FDA states that it has “tentatively concluded that, based on FDA’s current categorization of other antiseptic products and considering factors that may include specific microorganisms of concern in food handling environments as well as the safety of repeated-exposure use patterns, food handler antiseptics may differ from antiseptic products addressed in other rulemakings.” Through this RFI, FDA is asking manufacturers of food handler antiseptics and other interested parties to submit safety and effectiveness data on OTC food handler antiseptics marketed for in commercial or regulated environments where growth, harvest, production, manufacturing, processing, packaging, transportation, storage, preparation, service or consumption of food occurs. FDA is also seeking comments and requesting data on definitions, eligibility, current conditions of use of food handler antiseptics, safety and effectiveness criteria, and test methods to demonstrate the safety and effectiveness of food handler antiseptics. Comments are due by February 5, 2019.
NANOTECHNOLOGY
SweNanoSafe Reports On ECHA Workshop On REACH Requirements For Nanomaterials:
The Swedish National Platform for Nanosafety (SweNanoSafe) has posted a report on the European Chemicals Agency’s (ECHA) November 8-9, 2018, workshop on the upcoming Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) information requirements for nanomaterials. The workshop was a preparatory step before the formal start of the update of ECHA’s guidance documents for nanomaterials through the Partner Expert Group. The timeframe for the work will be short as the finally agreed proposals should be adopted by the European Commission (EC) around November 2019. Thereafter, ECHA will publish the updated nanomaterial guidance on their homepage for immediate use.
EC Amends REACH To Require Information On Nanomaterials:
The EC announced on December 3, 2018, that it adopted amendments to several REACH Annexes to clarify the information requirements for nanomaterials. The EC states that “[t]he new provisions will have to be implemented for all substances in nanoform that fall within the scope of REACH, from the already widely used and registered ‘legacy’ nanomaterials in all their product grades and variations to the specifically engineered nanomaterials placed on the market by the newly founded SMEs.” ECHA’s December 3, 2018, press release states that nanoforms of substances are those covered by the EC’s recommendation for a definition of a nanomaterial. The information requirements will apply beginning January 1, 2020.
EPA Withdraws SNUR For Carbon Nanomaterial (Generic):
EPA published a Federal Register notice on December 4, 2018, withdrawing SNURs promulgated under TSCA for 26 chemical substances, including carbon nanomaterial (generic), that were the subject of premanufacture notices (PMN). 83 Fed. Reg. 62463. As reported in our October 2, 2018, blog item, EPA issued the SNURs through a direct final rule on October 3, 2018. EPA states that it received adverse comments regarding the SNURs identified in the direct final rule, and is withdrawing them. On October 3, 2018, EPA also issued proposed SNURs covering these 26 chemical substances. EPA states that it will address all adverse public comments in a subsequent final rule, based on the proposed SNURs.
EPA Withdraws SNUR For Single-Walled Carbon Nanotubes:
EPA published a Federal Register notice on December 7, 2018, withdrawing SNURs promulgated under TSCA for 28 chemical substances, including single-walled carbon nanotubes, that were the subject of PMNs. 83 Fed. Reg. 63066. As reported in our October 10, 2018, blog item, EPA issued the SNURs through a direct final rule on October 10, 2018. EPA states that it received adverse comments regarding the SNURs identified in the direct final rule, and is withdrawing them. On October 10, 2018, EPA also issued proposed SNURs covering these 28 chemical substances. EPA states that it will address all adverse public comments in a subsequent final rule, based on the proposed SNURs.
Canada’s Occupational Cancer Research Center Holds Seminar On Mitigating Exposures To Engineered Nanomaterials In The Workplace:
On December 7, 2018, the Occupational Cancer Research Center (OCRC) held a seminar on “Perspectives on Mitigating Exposures to Engineered Nanomaterials in the Workplace.” The seminar was part of the Occupational and Environmental Health seminar series supported by the Dalla Lana School of Public Health, Public Health Ontario, OCRC, and the Center for Research Expertise in Occupational Disease. Pat Rasmussen, Health Canada/University of Ottawa, gave the presentation, addressing several topics: the unique properties of engineered nanomaterials (definitions); control banding approach: Selection of control measures based on hazard and exposure (Canadian Standards Association (CSA)/ISO); harmonized tiered approach: To assess potential exposures in workplaces (Organization for Economic Cooperation and Development (OECD)); how research feeds into CSA/ISO and OECD exposure measurement and mitigation efforts; and accessing nano workplace safety information in Ontario.
LEGISLATIVE
Great Lakes Water Protection Act Introduced In Senate:
Senator Tammy Duckworth (D-IL) on November 15, 2018, introduced the Great Lakes Water Protection Act (S. 3630). The bill would amend the CWA to prohibit a publicly owned treatment works (POTW) from performing a bypass into the Great Lakes System. The bill defines “bypass” to mean “an intentional diversion of waste streams from any portion of the treatment facility.” Bypasses would be allowed if: necessary to prevent loss of life, personal injury, or severe property damage; if there is no feasible alternative to the bypass; the owner or operator of the POTW provides notice of the bypass; or the bypass will not cause effluent limitations to be exceeded and is for essential maintenance to ensure efficient operation of the treatment facility. This latter exemption would not apply, however, if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent the bypass and the bypass occurred during normal periods of equipment downtime or preventive maintenance. The legislation also would create the Great Lakes Cleanup Fund. The fund would be used to carry out programs and activities for improving wastewater discharges into the Great Lakes System, including habitat protection and wetland restoration programs and activities. The fund would be set at $250 million a year for fiscal years (FY) 2020 through 2024.
House Bill Would Require EPA To Review NESHAP For Ethylene Oxide:
Representative Daniel Lipinksi (D-IL) on November 20, 2018, introduced legislation to address air emissions of ethylene oxide. The Clean Up EtO Act of 2018 (H.R. 7168) would require EPA to review, and if necessary, revise the National Emission Standard for Hazardous Air Pollutants (NESHAP) applicable to emissions of ethylene oxide from regulated facilities. EPA would have nine months to do so. In addition, if EPA deems it necessary to revise the standards, the bill would require it to control emission of ethylene oxide from chamber exhaust vents.
Bipartisan Carbon Tax Bill Introduced In House:
On November 27, 2018, bipartisan lawmakers introduced a bill in the House of Representatives that would create a Carbon Dividend Trust Fund to encourage “market-driven innovation of clean energy technologies and market efficiencies which will reduce harmful pollution and leave a healthier, more stable, and more prosperous nation for future generations.” The Energy Innovation and Carbon Dividend Act of 2018 (H.R. 7173) was sponsored by Representatives Ted Deutch (D-FL), Francis Rooney (R-FL), Charlie Crist (D-FL), Brian Fitzpatrick (R-PA), and John Delaney (D-MD). It is the first carbon tax bill introduced in Congress in a decade. The bill would impose a tax of $15 per metric ton on carbon emissions, beginning in 2019. The tax would increase by $10 per metric ton every year thereafter. The tax would apply to greenhouse gas emitting fuels used by entities subject to the legislation. It also would apply to the sale or transfer of the fuels. Agricultural fuels used for “non-emitting purposes” would be exempt from the tax. The bill seeks to reduce carbon emissions in the U.S. by 33 percent over ten years and 90 percent by 2050. The bill also would impose a tariff on imports that are not subject to a similar tax in their country of origin.
Senate And House Bills Would Require EPA To Revise Air Standards For Ethylene Oxide:
On November 28, 2018, Senators Dick Durbin (D-IL) and Tammy Duckworth (D-IL) introduced a bill that would require EPA to revise ethylene oxide emissions standards under the CAA for medical sterilization and chemical facilities. The bill (S. 3671) also requires EPA to notify the public no more than 30 days after it learns that the new standards have been violated. Companion legislation (H.R. 7179) was similarly introduced in the House by Democratic Representatives Dan Lipinski, Brad Schneider, and Bill Foster.
Senate Bill Seeks To Transition U.S. To 100 Percent Zero-Emission Vehicles:
On November 28, 2018, Senators Jeff Merkley (D-OR) and Sheldon Whitehouse (D-RI), both senior members of the Senate Environment and Public Works (EPW) Committee, introduced legislation that would put the U.S. on the path to achieving 100 percent zero-emission vehicles (ZEV). The Zero-Emission Vehicles Act (S. 3664) builds on actions taken by ten states that have enacted state-level ZEV standards. The bill would set a comprehensive federal ZEV standard. By 2030 at least 50 percent of all new car sales in the U.S. must be ZEVs. The legislation then ramps up the percentage by five percent each year, with automobiles being ZEVs by 2040. The federal ZEV standard would include a crediting system. Each ZEV would receive one ZEV credit per vehicle. Plug-in hybrids and hybrids receive partial credits based on the estimated average portion of mileage traveled on the battery instead of fossil fuels. Fuel efficient vehicles can receive partial credits based on EPA’s estimated fuel savings. ZEV credits would be allocated to automobile manufacturers, and can be sold or banked for up to five years, until 2040. Revenues from the sales of ZEV credits will help support public infrastructure through the Highway Trust Fund.
Senate EPW Committee Holds Hearing On Nomination Of Alexandra Dunn To Lead OCSPP:
On November 29, 2018, the U.S. Senate Committee on EPW held a hearing on the nomination of Alexandra Dapolito Dunn to be the AA for EPA’s OCSPP. The hearing was webcast and is available on the EPW Committee website. In a rare sharing of bipartisan support for a Trump Administration nominee, Senator Sheldon Whitehouse (D-RI) introduced Ms. Dunn, stating “Ms. Dunn has a deep passion for working with communities, for environmental justice, and for leveraging the expertise of nongovernmental organizations.” Senator Tom Carper (D-DE) stated he was encouraged by her plans for the office. Ms. Dunn assured lawmakers that, if confirmed, she will “commit to implementing the law, following the law, and bringing all the provisions of the law to full effect.” Ms. Dunn also emphasized her intention, if confirmed, to leverage the experience and expertise of EPA career staff, including establishing “open door” hours dedicated to connecting with career staff. Ms. Dunn’s written testimony is available on the EPW Committee website. Senators were allowed to submit additional questions for the record (QFR) through November 29, 2018, for Ms. Dunn’s response by December 3, 2018. It is being reported that Ms. Dunn could be confirmed this year assuming there are no objections. Ms. Dunn has been serving as the Regional Administrator for EPA’s New England Region (Region 1) since January of this year. Prior to joining EPA, Ms. Dunn served as Executive Director and General Counsel for the Environmental Council of the States (ECOS), a national nonprofit, nonpartisan organization committed to helping state agencies improve environment outcomes for Americans. More information on Ms. Dunn’s experience and accolades is available in EPA’s press release announcing her nomination.
Illinois Lawmakers Introduce Bills To Update National Air Toxics Assessment For Ethylene Oxide:
On November 29, 2018, Illinois Democratic Senators Dick Durbin and Tammy Duckworth, along with their House colleagues Bill Foster, Daniel Lipinski, and Brad Schneider, introduced the Expanding Transparency of Information and Safeguarding Toxics (EtO is Toxic) Act of 2018 (S. 3691 and H.R. 7189). The legislation would require EPA to publish its Integrated Risk Information System (IRIS) and its National Air Toxic Assessment (NATA) assessments in the Federal Registry where it would be accessible to state and local health agencies, other federal agencies, and international health organizations.
House Bill Would Extend CFATS For Two Years:
On November 29, 2018, Representative John Ratcliffe (R-TX) introduced legislation that would extend by two years the Chemical Facility Anti-Terrorism Standards (CFATS) program. The four-year authorization of the CFATS is set to expire in January 2019.
Bill Would Repeal WOTUS Rule:
On November 29, 2018, Representative Jaime Herrera Beutler (R-WA) introduced a bill to repeal the controversial WOTUS rule and clarify that the CWA remains in effect as it has been interpreted for more than four decades. Representative Herrera Beutler stated that the current WOTUS rule expands the definition of “navigable waters” under the CWA to include water that is not “navigable” under any previous interpretation or common sense definition, including seasonal wet spots, puddles, and small man-made ditches. “WOTUS would require private landowners with such puddles and ditches on their property to obtain costly CWA permits when improving their land, costing thousands of dollars and years of wait time,” she explained. The bill (H.R. 7194) would clarify that “navigable waters” includes territorial seas, interstate waters that are navigable-in-fact, tributaries to the interstate, navigable-in-fact waters, and wetlands that have a continuous surface water connection to interstate, navigable-in-fact waters or their tributaries. The legislation also blocks the federal government’s ability to grant itself the authority to regulate seasonal wet areas, ponds, puddles, and ditches as “navigable waters,” whether on public or private property. The bill, titled Regulatory Certainty for Navigable Waters Act, would also require the Corps to act upon request within 60 days to determine whether water on a private property is a covered wetland under the CWA. The bill is viewed as a “messaging bill,” and Representative Herrera Beutler will likely reintroduce it in the 116th Congress.
Orphan Hardrock Mine Cleanup Bills Introduced:
On December 6, 2018, Senator Cory Gardner (R-CO) and Representative Scott Tipton (R-CO) introduced the Good Samaritan Remediation of Orphan Hardrock Mines Act of 2018, S. 3727 and H.R. 7226. The legislation would authorize EPA to establish a pilot program to promote the cleanup of orphan hardrock mines. Senator Gardner stated that “With the number of abandoned mines estimated to be as high as 500,000, Good Samaritans are needed to take necessary actions to clean up some of these sites.” Senator Gardner added that the assumption of liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the CWA has hindered cleanup of these sites. Under the bill, Good Samaritans could remediate the sites without the assumption of long-term liability.
Congressional Democrats Name Committee Leaders For New Congress:
Democratic lawmakers have chosen most of their Committee leaders for the incoming 116th Congress. The House Democratic Steering and Policy Committee made its recommendations, although the full caucus must approve the slate of choices, and a few must wait until the House speakership contest is settled. The Senate roster is set. The two Committees that oversee the bulk of issues of relevance to our clients are the House Energy and Commerce Committee (E&C) and the Senate EPW Committee. Representative Frank Pallone, Jr. of New Jersey will move up from the E&C Ranking Member slot to Chair of the Committee, while Senator Tom Carper of Delaware retained his Ranking Member slot on EPW.
MISCELLANEOUS
European Court Denies Appeal To Disclose Testing Information Related To Glyphosate Authorization:
On November 21, 2018, in the Court of Justice of the EU, the Fourth Chamber of the General Court (General Court/Fourth Chamber) issued a judgment in the appeal case T-545/11 RENV that denied all three pleas on appeal and prevented applicants Stichting Greenpeace Nederland and Pesticide Action Network Europe (Applicants) from receiving certain documents containing confidential information relating to the first authorization of the placing of glyphosate on the market as an active substance, specifically the complete list of all tests submitted by the operators seeking the inclusion of glyphosate in Annex I to Directive 91/414. The judgment provides a detailed history of the case, beginning in 2010 when Applicants requested access to the documents in question. In this initial case, the Secretary General of the Commission agreed with the Federal Republic of Germany’s decision to refuse access to the documents (contested decision) on the basis that disclosure in Article 4(2) of Regulation No. 1049/2001 would undermine the protection of the commercial interests of a natural or legal person. In upholding Germany’s decision, the Secretary-General found that there was “no evidence of an overriding public interest in disclosure” within the meaning of Article 4(2) of Regulation No. 1049/2001, and also that the information “did not relate to emissions into the environment” within the meaning of Article 6(1) of Regulation No. 1367/2006 concerning public disclosure of information on the environmental effects of glyphosate. As such, “protection of the interests of the manufacturers of that substance had to prevail.” The Applicants brought an action for annulment of the contested decision to the Registry of the General Court. After one of the documents at issue (a draft assessment report issued by Germany prior to the initial inclusion of glyphosate in Annex I to Directive 91/414) was produced to the court (but still not released to the Applicants), the General Court ruled to annul the contested decision. The Commission appealed this annulment, stating that the General Court erred in its interpretation of the term “information [which] relates to emissions into the environment.” The Court of Justice was persuaded by this argument, set aside the initial judgment, and referred the case back to the General Court. The case was then assigned to the Fourth Chamber. The dispute was limited to the part of the document at issue that “contains information on the degree of purity of the active substance, the ‘identity’ and quantities of all the impurities present in the technical material, the analytical profile of the batches, and the exact composition of the product developed.” For more information, see our full blog.
OMB Releases Report On Regulatory Reform:
OMB released its report detailing the regulatory reform results from FY 2018 (Regulatory Reform under Executive Order 13771: Final Accounting for Fiscal Year 2018). The results are, according to OMB: federal agencies accelerated the pace of regulatory reform in FY 2018; agencies eliminated $23 billion in overall regulatory costs; agencies issued 176 deregulatory actions and 14 significant regulatory actions, a 12 to 1 ratio; and 57 deregulatory actions were significant. Comparing significant deregulatory to significant regulatory actions yields a ratio of 4 to 1. In FY 2019, agencies anticipate saving a total of $18 billion in regulatory costs from final rules. This does not include “The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks,” which the proposed rule estimates will save between $120 and $340 billion in regulatory costs.
U.S. Government Report Issues Blunt Warnings About Consequences Of Climate Change:
On November 23, 2018, the U.S. Global Change Research Program (USGCRP) proclaimed stark warnings about the impact of climate change upon the U.S. Spanning over 1,600 detailed pages, the Fourth National Climate Assessment (NCA4) (available online) “is an authoritative assessment of the science of climate change,” according to the authors. Authored by scientists from 13 different federal agencies, the report is precise, methodical, and dire; among other things, the authors predict that if climate change impacts are left unchecked, the U.S. economy will shrink by at least ten percent. Virtually no aspect of current life and conditions in the U.S. will be untouched by the impacts of rising temperatures, the report concludes. The NCA4 is mandated by the Global Change Research Act of 1990 (Pub. L. No. 101-606, 104 Stat 3096–3104, November 16 1990, available online). The report warns that global warming “is transforming where and how we live and presents growing challenges to human health and quality of life, the economy, and the natural systems that support us.” It concludes that humans must act aggressively to adapt to current impacts and mitigate future catastrophes “to avoid substantial damages to the U.S. economy, environment, and human health and well-being over the coming decades.” The report assesses climate change’s impacts across a dozen broad areas.
NAFTA Replacement Signed:
On November 30, 2018, President Donald J. Trump, Canadian Prime Minister Justin Trudeau, and outgoing Mexican President Enrique Peña Nieto signed the U.S.-Mexico-Canada (USMCA) trade agreement to replace the North American Free Trade Agreement (NAFTA). The accord must be approved by Congress. President Trump sent the text of the USMCA to lawmakers on Friday on the hope that the lame duck Congress would pass it before Democrats retake the House in January. Aboard Air Force One returning from the G20 summit, President Trump on December 1, 2018, also stated that he will withdraw the U.S. from NAFTA, a move intended to force Congress to pass the USMCA quickly. If he follows through with the withdrawal, lawmakers will have six months to pass the measure. If they fail to do so, both NAFTA and the USMCA will be void. The agreement faces a tough battle in the next Congress. It will have to survive the gauntlet of Democratic leaders and allied labor and environmental groups who agree that the deal needs substantial revision. House Democratic Leader Nancy Pelosi, who is expected to be the Speaker of the House when the new Congress convenes, criticized the USMCA for failing to set up a system to enforce adequately labor and environmental standards, a complaint echoed by labor unions and environmental groups. Environmental groups have been highly critical of the USMCA; the Sierra Club said in a statement that the accord “takes a significant step backwards” from environmental protections. AFL-CIO President Richard Trumka on November 30, 2018, called for a major rewrite of the deal.
OSHA Proposes To Revise Beryllium Standard For General Industry:
On December 11, 2018, the Occupational Safety and Health Administration (OSHA) proposed to revise the beryllium standard for general industry (29 C.F.R. § 1910.1024). 83 Fed. Reg. 63746. On January 9, 2017, OSHA published a final rule revising the standard. 82 Fed. Reg. 2470. In that rule, OSHA concluded that employees exposed to beryllium and beryllium compounds at the preceding permissible exposure limits (PEL) were at significant risk of material impairment of health, specifically chronic beryllium disease (CBD) and lung cancer. OSHA thus lowered the 8-hour time-weighted average (TWA) PEL to 0.2 micrograms per cubic meter (µg/m3) to reduce this risk. In the final rule, OSHA issued separate standards for general industry, shipyards, and construction. In addition to the revised PEL for each of the three standards, OSHA also promulgated a new short-term exposure limit (STEL) of 2.0 µg/m3 over a 15-minute sampling period and an action level of 0.1 µg/m3 as an 8-hour TWA, along with ancillary provisions intended to provide additional protections to employees. These included requirements for exposure assessment, methods for controlling exposure, respiratory protection, personal protective clothing and equipment, housekeeping, medical surveillance, hazard communication, and recordkeeping. The December 11, 2018, proposal would amend the beryllium standard for general industry to clarify certain provisions and simplify or improve compliance. The compliance obligations affected by this rulemaking began on December 12, 2018. Other compliance obligations are not effective until 2019 or 2020. OSHA believes that the standard as modified by this proposal would provide equivalent protection to the current standard. Accordingly, OSHA will accept compliance with the proposed standard as compliance with the standard. The proposed rule would affect approximately 50,500 workers employed in general industry and is estimated to yield minor net cost savings to employers. The comment period on the proposal closes on February 11, 2019.
https://www.natlawreview.com/article/epa-regulatory-environmental-law-news-update-november-2018
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Company's Concerns About Baby Powder Date Back Decades
Dec 17, 2018 | E&E Greenwire
Johnson & Johnson Services Inc. was concerned about the safety of its iconic baby powder for decades and worked to discredit research that showed its product could contain asbestos, according to corporate documents, public records and interviews with experts.
Talc, the main ingredient in Johnson's baby powder, is often found near asbestos underground. Asbestos is a carcinogen that can lead to deadly cancers, including mesothelioma and ovarian cancer, decades after exposure.
In 1971, a company executive called for Johnson & Johnson to "upgrade" its talc quality control. He said the talc could be contaminated by asbestos.
Another executive wrote in 1973 that materials in the talc "might be classified as asbestos fiber" and the company's mines shouldn't be assumed to be free of asbestos.
Johnson & Johnson has lost several legal battles recently over asbestos and its baby powder.
Earlier this year, 22 women who have ovarian cancer won a suit against the company, claiming it was aware of the talc-asbestos connection (Greenwire, July 13). They were awarded $4.69 billion.
Also this year, Johnson & Johnson lost two additional cases brought by people who had mesothelioma.
When asbestos is potentially involved, it "puts the defense in a much more difficult position," said Nathan Schachtman, a lawyer who has defended asbestos companies. "You get a much higher degree of indignation from juries."
The company is appealing all three cases. It has also won three asbestos-related cases, and a handful of others were declared mistrials.
Johnson & Johnson continues to claim its product is safe and says attorneys have "cherry-picked" its memos.
Lawyers are reconsidering their strategy in the wake of the asbestos cases. "We knew for years that there was something about the talc that caused ovarian cancer, and there had been rumors about asbestos, but we were really being stonewalled by Johnson & Johnson about the documents we needed," said Michael Miller, a Virginia attorney whose firm represents hundreds of women who allege that longtime baby powder use caused their ovarian cancer.
https://www.eenews.net/greenwire/2018/12/17/stories/1060109855
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N.D. Sees Oil Production Falling Next Year
Dec 17, 2018 | E&E Energywire
By Mike Lee
North Dakota's oil production could start to taper off next year after hitting records for the last three months, the state's oil regulator said.
Oil from the Bakken Shale formation has been selling for $10 below West Texas Intermediate crude, which is the U.S. benchmark. And the state Department of Mineral Resources may force some producers to cut their output because they're flaring too much natural gas.
"The signals I'm hearing from industry — they're going to slow investment through the first quarter of next year," Mineral Resources Director Lynn Helms said Friday on a conference call.
North Dakota's production has been steadily recovering after the oil price crash of 2014 and 2015. It hit a record of 1.39 million barrels a day in October, the most recent month for which figures are available, after hitting new peaks in August and September.
The price in North Dakota has been under pressure because of falling prices for Canadian crude, Helms said on the call. Even after the controversial Dakota Access pipeline opened last year, a good portion of North Dakota's oil is shipped to Clearbrook, Minn., where it fetches the same price as oil from Alberta.
State regulations require the industry to steadily reduce flaring — burning natural gas at the well site rather than shipping it to market. Currently, about 20 percent of gas is burned off statewide, and the target is 15 percent. The limit is scheduled to fall to 12 percent, and it's likely that some companies won't meet the goal, Helms said.
https://www.eenews.net/energywire/2018/12/17/stories/1060109765
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Legendary Oil Trader Is Bullish On Oil Prices
Dec 17, 2018 | Oil Price, via Real Clear Energy
By Tsvetana Paraskova
Legendary oil trader Andy Hall, who was nicknamed oil ‘God’ for profitably predicting a bull run in oil prices in the past, told Bloomberg TV on Thursday that oil prices would rise from current levels, as they may have hit the bottom after plunging by 30 percent in just two months.
“I think with prices hovering around or a little over $50 a barrel, I think you would have to have a pretty negative outlook on the global economy to believe that prices will continue their downward trajectory,” Hall told Bloomberg TV in an interview, noting that he doesn’t see a global recession soon.
Moreover, a slump in oil prices like the one we’ve seen over the past two months typically slows down supply growth while boosting demand, if there isn’t a global economic slowdown.
Lower prices will undoubtedly impact U.S. production growth, Hall said, but added that the surge in American oil production above expectations has been the biggest surprise this year.
In the weeks leading up to the OPEC+ meeting in Vienna, Hall was one of the analysts expecting an OPEC-assisted rebound in prices.
“The balance of risk at this point favors some sort of recovery,” Hall said in an interview with Bloomberg in November, two weeks before OPEC and its Russia-led non-OPEC partners decided to cut a total of 1.2 million bpd of oil production for six month beginning in January, with an option to review the agreement in April.
Before the new OPEC+ deal, the stronger U.S. dollar against emerging-market currencies and concerns over the U.S.-China trade war were weighing on demand, while inventories were rising, according to Hall.
Hall, the oil trader who had bet on higher oil prices for more than a decade, continued to hold his bullish view even after the 2014 oil price crash. But in the summer of 2017, he closed his main fund Astenbeck after the fund posted double-digit losses.
“In short, Opec, the market and oil bulls have run out of runway,” Hall said in a letter to investors seen by the Financial Times in July 2017.
https://oilprice.com/Latest-Energy-News/World-News/Legendary-Oil-Trader-Is-Bullish-On-Oil-Prices.html
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Senators Urge CDC to Study Firefighters' Exposure to PFAS
Dec 17, 2018 | Inside EPA
A bipartisan group of senators is pushing federal health agencies to study the health effects of occupational exposures to per- and polyfluoroalkyl substances (PFAS) on firefighters and others in future studies on the chemicals, expressing disappointment that the agencies recently precluded the subjects from an ongoing investigation.
Sens. Jeanne Shaheen (D-NH) and Lisa Murkowski (R-AK) and 21 other senators sent a Dec. 13 letter to the heads of the Centers for Disease Control & Prevention (CDC) and Agency for Toxic Substances & Disease Registry (ATSDR) urging them to include firefighters' occupational exposures to PFAS in any future studies examining the negative links between PFAS and human health.
“As ATSDR continues its evaluation on the negative effects [of] PFAS, we urge you to take additional steps to ensure that the health implications of occupational exposure to these chemicals, particularly in firefighters, are sufficiently studied,” they say.
PFAS are a broad class of chemicals that are toxic, persistent, and bioaccumulative and that have been prompting growing concern around the country due to their presence in drinking water systems and links to adverse health impacts at low levels, including cancer and non-cancer effects.
The non-stick chemicals have been used widely in commercial and industrial applications, including in aqueous film-forming foam (AFFF), a fire suppressant used by firefighters to extinguish liquid fuel fires at military bases, airports and other sites.
The senators say they are disappointed by ATSDR's announcement that it will not include military and civilian firefighters as part of its study on the human health effects of PFAS contamination. The study, which marks the first-ever nationwide PFAS health impact study, was authorized by language that Shaheen inserted into the fiscal year 2018 National Defense Authorization Act (NDAA).
Section 316 of the NDAA calls on ATSDR to examine the implications on human health of PFAS contamination “'in drinking water, ground water, and any other sources of water and relevant exposure pathways,' which would include exposure pathways experienced by firefighters,” the senators write.
While the senators praise ATSDR's progress in implementing the study, they note that “as the underlying statute does not confine the agency's research to drinking water, we request CDC and ATSDR ensure that future studies investigating the negative associations between PFAS and human health include relevant chemical exposure pathways experienced by firefighters and others who may come in contact with these contaminants in an occupational setting.”
The letter responds to an earlier announcement by ATSDR Director Patrick Breysse that firefighters would not be part of the study.
According to an Oct. 2 Seacoastonline.com news report, ATSDR told a New Hampshire community that firefighters there would not be included in the study because ATSDR wanted to ensure a “consistent data sample,” and that the firefighters could have received additional PFAS exposures due to other “occupational factors.”
The senators note that PFAS -- a class of chemicals that numbers in the thousands -- are a byproduct of AFFF and have been tied to adverse health effects. “The potential ties between PFAS and various forms of cancer are of particular concern to military and civilian firefighters across the country who may have experienced long-term occupational exposure to PFAS due to the use of AFFF in firefighting and fire training exercises,” they write.
They add that several studies, including one completed by the CDC's National Institute for Occupational Safety and Health, found firefighters to be at higher risk for cancer than the general population.
https://insideepa.com/daily-feed/senators-urge-cdc-study-firefighters-exposure-pfas
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PG&E Accused by Regulators of Falsifying Pipeline Safety Records
Dec 17, 2018 | E&E Energywire, via Bloomberg
By Mark Chediak
PG&E Corp., already under scrutiny for a deadly California wildfire last month, now faces potential penalties for allegedly breaking natural gas pipeline safety rules and falsifying records, state regulators said.
The California Public Utilities Commission said Friday that the state's biggest utility owner systematically violated rules to prevent construction crews from accidentally damaging pipelines during excavations. PG&E also allegedly falsified records for locating and marking pipes from 2012 to 2017, according to the statement.
"Utility falsification of safety related records is a serious violation of law and diminishes our trust in the utility's reports on their progress," commission President Michael Picker said in the statement. "These findings are another example of why we are investigating PG&E's safety culture."
The commission said it will consider penalties against PG&E and ordered the utility to take "immediate corrective measures."
PG&E shares fell 2 percent in after-hours trading Friday. In a statement, the company said it failed to live up to its commitment to accurate and thorough reporting and record-keeping. PG&E is cooperating with the investigation and has taken action to meet regulatory standards related to records for marking and locating pipelines, spokesman Matt Nauman said.
PG&E already faces lawsuits and regulatory scrutiny as its equipment is probed in connection to the deadliest wildfire in California history, which killed 86 people in the Sierra Nevada foothills last month. After the blaze, Picker said he would open a sweeping review of the company's governance, structure and safety culture.
The commission ordered PG&E last month to adopt a number of safety recommendations in response to a 2010 gas-pipeline explosion that killed eight people in a San Francisco suburb.
https://www.eenews.net/energywire/2018/12/17/stories/1060109763
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(ACC Mentioned) Oil Companies, Railroads Clash Over Tank Car Reforms
Dec 14, 2018 | Houston Chronicle
By James Osborne
Three years after Congress ordered oil tank cars to be built heavier and stronger to reduce the chance of spills and deadly explosions that have rocked the United States and Canada in recent years, those reforms face potential delays as oil companies and the railroad industry clash over the safest way to move crude around the country.
This summer, an oil train using the retrofitted tank cars sanctioned by Congress crashed in northwestern Iowa, spilling more than 230,000 gallons of crude into already flooded fields around the tracks. Since then, Burlington Northern Santa Fe, one of the nation’s largest railroads with track across the western U.S., has been charging oil companies and refineries an inflated rate to run those refurbished cars on its tracks, pushing them toward a new and costlier model of tank car known as the DOT117J, which they argue is significantly safer.
A representative of the refining sector, who spoke on the condition of the anonymity over concern of a pending legal fight, said those rates for retrofitted cars were as much as 30 percent above the standard rate for oil trains.
The fight comes less than 16 months before the deadline to phase out an older model of tank car that Congress deemed not safe enough to run on the nation’s rail network, of which more than 1,500 cars were still in use as of June 30. The possibility that oil companies might no longer be able to use the retrofitted tank cars, known as DOT117Rs, is now raising the possibility of delays.
“The bottom line is in order to meet these deadlines we have to have both new and retrofitted cars,” said Mike O’Malley, president of the Railway Supply Institute, a trade group representing rail car builders. “If you just rely on new cars, it’ll be extremely difficult to meet these deadlines.”
Even as oil train use has declined from the boom year of 2014, railroads remain critical for the oil sector as it seeks to move record volumes of crude production that far exceed the capacity of U.S. pipelines. In places such as West Texas’ Permian Basin, North Dakota’s Bakken shale and Canada’s oil sands fields, the sector is reliant on tank cars while waiting on infrastructure that takes years to construct.
For now, the dispute with the railroads has no end in sight
A BNSF spokesman said the company was charging higher rates for the retrofitted cars but as contracts with shippers expire would “move towards DOT117J-only contracts.”
“We believe the DOT117J is the appropriate tank car to safely move crude oil in unit trains,” the spokesman said in an email. “Tank car lessors and builders are getting this message and will bring more DOT117J online.”
But those in the oil sector argue that Congress approved the retrofitted cars on the understanding that replacing tens of thousands of tank cars, many relatively new, was not feasible.
“Congress deemed these cars safe. (The Transportation Department), after extensive economic and risk analysis, did too, and based on its decision, over 16,000 tank cars have been retrofitted to meet the robust safety standards,” Rob Benedict, a senior director at refining trade group American Fuel and Petrochemical Manufacturers, said in a statement.
BNSF’s position has sent shudders not just through the oil sector but other industries, such as chemicals and ethanol, which use those same tank cars to move their products.
For now, it’s just one railroad company and the oil sector, but there is growing concern that other railroads might follow BNSF’s lead and apply the higher tariffs to other sectors, said Jeff Sloan, senior director of regulatory and technical affairs at the American Chemistry Council.
“These things have a way of catching on,” he said. “Rail customers tend not to have a choice. There’s usually just one railroad (available), so they can dictate terms on the rates and service and ancillary services. There’s not a lot of recourse.”
Congress passed tank car reforms in 2015 after a series of high-profile crashes beginning in 2013, when a runaway oil train plowed into the center of the small Canadian town of Lac-Megantic, Quebec, creating a fireball that burned much of the town to the ground and killed 47 people.
As the oil shale boom took off in areas such as West Texas and North Dakota where pipeline capacity was limited, producers were increasingly turning to rail. By 2014, almost 32 million barrels of crude were being moved by rail each month, a more than eightfold increase from 2011. With that increase came more crashes and explosions, from North Dakota to Alabama, Oregon to Virginia.
Oil tank cars are sold to last up to five decades, and oil companies balked at the prospect of having to replace tank cars that might have been only a couple years old. Congress, working in conjunction with Canadian regulators, decided on a compromise plan: Either buy new cars or upgrade existing cars to meet the new specifications, a significantly cheaper option.
Only the walls of the 117R measure between .44 inches and .5 inches thick, depending on the type of tank car that was retrofitted, according to the Railway Supply Institute. A 117J counts a wall thickness of .56 inches.
That might not sound like much, but in a lower-speed crash, that could be the difference between an oil tank car puncturing or not, said Fred Millar, an independent rail safety consultant.
“It’s all relative, of course,” he said. “If you’re traveling in a crude oil train at speeds like 50 or 60mph, you cannot build a tank car that will withstand puncture at that speed.”
For now the Federal Railroad Administration says the industry is still on track to meet its deadlines, with more than 6,500 new or retrofitted tank cars, or 38 percent of the total fleet, in operation as of June 30. The last of the pre-reform tank cars are scheduled to be out of commission by no later than May 2025.
Asked about the dispute over the retrofitted tank cars, an agency spokesman said, “that is a commercial decision which falls outside of FRA’s purview.”
In the meantime, after years of decline, oil train traffic is starting to tick up again, according to the Energy Department. In September, more than 16.3 million barrels of crude were moved by rail, almost double that of the same month the previous year.
https://www.houstonchronicle.com/business/article/Oil-companies-railroads-clash-over-tank-car-13468372.php
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Diplomats Narrowly Avoid Failure At UN Climate Summit
Dec 17, 2018 | Forbes
By Dave Keating
Though Friday was intended to be the last day for negotiators devising the rulebook for the Paris Agreement at a UN climate summit taking place in Katowice, Poland over the last two weeks, talks dragged on through the weekend before an agreement could finally be reached on Sunday.
The causes of the disagreements were myriad. The U.S. objected to provisions that would make distinctions between developing and developed countries. Brazil objected to provisions that would have baked in rules for cap-and-trade schemes. Turkey objected to being classified as a “developed” country, making it ineligible for climate finance. And four major oil exporters - the U.S., Russia, Saudi Arabia and Kuwait, objected to language that would have recognised the recent dire warnings about climate change in the IPCC scientific report.
In the end, the four countries would only sign up to language that welcomed the report's "timely completion", rather than the conclusions of the report.
The most difficult issues had to be put aside and saved for next year’s summit, to be held in Chile (Brazil retracted its offer to host the 2019 summit last month).
A rulebook outline was finally agreed after all-night negotiations on Saturday, but only by making it as non-objectionable as possible in order to get everyone to sign up to it. That, climate campaigners complain, has made for a less-effective approach with very little in the way of “rules” at all.
But the bigger complaint from climate campaigners was that this summit did not deliver any major new emissions reduction pledges or financial commitments. These sort of announcements are common at these summits, but this year countries went silent. A high-profile $200 billion pledge from the World Bank at the start of the summit was unable to motivate countries to take out their checkbooks.
No new action
The reticence to make new emissions reduction pledges may have been the result of apprehension over a political backlash at home. Diplomats anxiously watched the Yellow Vest protests in Paris, taking place at the same time as the summit in the very spot where the Paris Agreement was signed exactly three years ago. The protests were sparked by new environmental taxes on fuel championed by French President Emmanuel Macron.
“Our governments have failed us," said Harjeet Singh, a campaigner with ActionAid International, at the end of the summit. "Some of the most powerful countries in the world are led by reactionary climate deniers and their views have been allowed to water down the ambition and cooperation needed to avert catastrophic climate change."
As things stand, the emissions reductions pledged by countries so far would only be able to keep global temperature rise to under three degrees Celsius, far short of the two degrees committed to under the Paris Agreement and the 1.5 degrees scientists say is necessary to avoid catastrophic climate change.
“Rich countries have a moral and a legal responsibility to provide money and technology to developing countries to make their economies greener and tackle the impacts of climate change," he said. "Instead of taking this seriously, they pushed through a rulebook riddled with loopholes allowing them to avoid this responsibility."
However the politicians and diplomats involved tried to stress what was accomplished in Katowice.
"We have reached a balanced deal on the rules to turn the Paris Agreement into action," said EU climate and energy commissioner Miguel Arias Cañete. "The EU played an instrumental role in reaching this outcome, working with allies from both developed and developing countries and with major economies, in particular China, to raise ambition and strengthen global efforts to fight climate change."
Failure avoided
United Nations Secretary General António Guterres said the fact that the 156-page text was able to be agreed in the end meant that leaders have avoided a failure that would have resulted in "suicidal" consequences.
The rulebook defines the monitoring tools countries will use to measure how much they are reducing emissions and working toward their pledges in the agreement. It also defines how financial support is going to be given to poorer countries to help to both combat climate change and adjust to its effects.
https://www.forbes.com/sites/davekeating/2018/12/17/diplomats-narrowly-avoid-failure-at-un-climate-summit/#1a08880a5c11
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ConocoPhillips Backs Carbon Tax Plan
Dec 17, 2018 | The Hill - E2 Wire
By Timothy Cama
Oil and natural gas giant ConocoPhillips Co. is backing an effort to impose a tax on carbon dioxide emissions.
The company is pledging $2 million over the next two years to Americans for Carbon Dividends, an advocacy group that pushes a carbon tax, starting at $40 and rising thereafter, as part of a plan developed by the Climate Leadership Council and its leaders, former Republican secretaries of State James Baker III and George Shultz.
ConocoPhillips, the nation’s second largest oil producer, is also joining the Climate Leadership Council. Exxon Mobil Corp. the country’s largest oil company, joined the effort in October, and BP and Royal Dutch Shell were already onboard.
Under, the Baker-Shultz plan, all of the money brought in from the carbon tax would be distributed back to taxpayers as “dividends.” Axios first reported on ConocoPhillips joining.
“We are pleased to now join the CLC to continue the dialogue around carbon price policy development in the United States,” ConocoPhillips chief Ryan Lance said in a statement.
“We are delighted to welcome ConocoPhillips into Americans for Carbon Dividends and commend their leadership in supporting this important initiative,” said Trent Lott, former Senate majority leader Trent Lott and a co-chairman of Americans for Carbon Dividends.
“The mounting financial support from companies most impacted by carbon policies sends a clear message to members of Congress that corporate America is serious about addressing this issue.”
https://thehill.com/policy/energy-environment/421700-conocophillips-backs-carbon-tax-plan
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Trump Adds to his Ruinous Policies on Pollution
Dec 17, 2018 | Washington Post
By Editorial Board
As the story emerges about the criminals President Trump hired and promoted, it is hard to pay attention to a seemingly small announcement last Tuesday from the Environmental Protection Agency, redefining the extent of the EPA’s powers over the nation’s waters. Yet Mr. Trump’s legacy will not just be one of moral ruin in the White House. He and his agents are dramatically curtailing the federal government’s role in fighting pollution, changes that will take years to undo.
The EPA is redefining what bodies of water and hydrological features it can regulate. Features that are “Waters of the United States,” under the EPA’s definition, cannot be polluted or destroyed without a government permit. Everyone agrees that major bodies of water — such as the Chesapeake Bay and the Potomac River — qualify for protection. But what about the tributaries that feed the bay and the river? What about the streams that, in turn, feed them, or the adjacent wetlands? And what about the channels that interact with the system through flooding, storm runoff and groundwater connections?
Attempting to settle these long-running questions, President Barack Obama’s EPA took an expansive view of the agency’s jurisdiction, recognizing that large bodies of water are only as good as the water that feeds them. It might not seem obvious that streams that only run after a storm, or waters that lack surface connections to larger bodies of water, actually affect water quality far elsewhere. But that was the insight that animated the Obama rule. If it behaves like a tributary, Obama EPA officials insisted, it must be regulated.
Not surprisingly, farmers, builders and drillers did not like the rule, and Mr. Trump commanded a rollback almost immediately after entering the White House. The EPA responded Tuesday with a standard that would scale back federal oversight to a level not seen in decades. Ephemeral streams — which emerge only during a storm — would no longer be covered. Wetlands and other features that only have groundwater connections to larger bodies of water would also be exempt. Many man-made channels that flow into larger bodies of water would not be covered.
The new definition would give farmers license to dump fertilizers onto their land with far less care if the pollution makes its way downstream, or coal-mining interests that eviscerate mountaintops and drive the rubble into nearby valleys. Experts have warned with increasing alarm that this mountaintop-removal mining harms water quality and fish populations — and there is evidence it hurts people living nearby, as well.
The EPA insists that it is simply following the law as written. Yet there is a good case that the agency’s narrow view of its authority may, in fact, be illegal. The Supreme Court has offered mixed guidance, but the closest the court has come to a bottom line is this: The federal government has authority over large, navigable bodies of water and those with a “significant nexus” to them. That gives the EPA broad authority to recognize that, say, water flows below ground as well as above it.
Defining the waters of the United States has been a complex, years-long process, and the dispute is long past due to be settled. But not how the Trump administration would settle it.
https://www.washingtonpost.com/opinions/trump-adds-to-his-ruinous-policies-on-pollution/2018/12/16/3406542c-ffbf-11e8-ad40-cdfd0e0dd65a_story.html?utm_term=.b64a66802294
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SWEEP Standard — LEED for Waste and Recycling — Releases Ambitious Proposal
Dec 17, 2018 | Waste Dive
By Cole Rosengren
Dive Brief:
The Solid Waste Environmental Excellence Protocol (SWEEP) Municipal Standard has been published in draft form. Following the Leadership in Energy and Environmental Design (LEED) model, its goal is to evaluate "the environmental, economic and social aspects of providing municipal solid waste services."
The new municipal standard, as well as a forthcoming industry-specific standard, includes six categories – sustainable material management policy, waste generation and prevention, solid waste collection, post-collection recovery, post-collection disposal and innovation.
SWEEP is currently accepting comments, in accordance with American National Standards Institute procedure, through the end of January. From there, a consensus meeting will be held in Washington, D.C. on Feb. 12 and a balloting process will occur into the spring. The goal is to launch pilots with as many as 24 municipal or private entities by late 2019.
Dive Insight:
This new draft comes after more than two years of meetings and calls to hash out the finer points of how waste and recycling operations around the country can, and should, run under the most ideal conditions. The 18 members of the three committees behind all of this include many recognizable names from industry circuits on both the public and private sides. As envisioned, municipalities will eventually be able to apply for SWEEP certification or contract with certified service providers.
“The idea is to build a market of buyers and suppliers of sustainable materials management services and programs," Rob Watson, founder of both the LEED and SWEEP standards, told Waste Dive. “The main goal of the initial release of SWEEP is to begin establishing a common platform and getting it used."
The aim of this process is to have something both functional and motivational. There will be an emphasis on utilizing current resources (such as the SWANA Hauler Safety Toolkit) and existing data streams, while also encouraging more innovation wherever possible. According to Watson's estimates, only about 10% of operators would currently meet some of the highest tier standards.
“We’re trying to blend things that are relatively widely done — that are considered best typical practice — along with things that are a little bit more advanced, along with things that might be a bit of a reach."
Each category has multiple ways to earn credits, which will be organized under the following KPIs: efficiency and effectiveness, environmental performance, economic performance, public participation, working conditions and social impact.
The credits themselves span the full range of any municipal program — from reduction and recycling education, to collection technology, to post-collection or -disposal methods, all the way to end markets. Common themes include reducing greenhouse gas emissions, creating safe working conditions, ensuring facilities are good neighbors and emphasizing the best possible operational standards.
For example, a section on municipal post-collection recovery gets into the finer details of recovery rate accounting, MRF equipment and the distance of buyers for scrap or organic commodities within a matter of miles.
"[W]e’re hoping that we can take this crisis and help provide something of a roadmap or a template for the next phase in the industry as it moves more comprehensively into the future," said Watson, in reference to current commodity market changes spurred by China's scrap import restrictions.
While Watson recognizes there will still be many details to iron out in the months and years ahead, he's optimistic that the industry can benefit from this type of cohesive standard. Just as he saw a need to help clarifywhat exactly it means to be a "green building" with the LEED certification, he anticipates SWEEP could bring similar clarity to the broader industry at a time of a transition for recycling and beyond.
https://www.wastedive.com/news/sweep-standard-leed-waste-recycling/544478/
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