Preview Newsletter
PM ACC 1/8/2019
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(ACC Mentioned) Recology CEO: It’s Time to Tackle Plastics Crisis
Jan 8, 2019 | Resource Recycling
By Jared Paben
A business executive says his West Coast trash and recyclables company is prepared to bankroll a California ballot measure taking aim at single-use plastics. In an opinion piece published in the San Francisco Chronicle, Recology... -
EPA Denies TSCA Section 21 Petition Seeking Increased Asbestos Reporting
Jan 8, 2019 | The National Law Review
By Lynn L. Bergeson
On December 21, 2018, the U.S. Environmental Protection Agency (EPA) denied a petition filed under Section 21 of the Toxic Substances Control Act (TSCA) requesting that EPA initiate rulemaking to amend the TSCA Chemical Data -
US EPA Moves to Finalise Methylene Chloride Paint Stripper Rule
Jan 8, 2019 | Chemical Watch
By Kelly Franklin
The US EPA has submitted a final rule regulating methylene chloride paint strippers to the White House’s Office of Management and Budget (OMB) for review and approval. The move initiates the standard interagency review process... -
EPA Rules to Control Deadly Paint Stripper Under White House Review
Jan 8, 2019 | BNA Daily Environment Report
By Pat Rizzuto
Consumer and commercial uses of methylene chloride, a potentially deadly paint and coating stripper, would be controlled by the EPA under two rules being reviewed by the White House. The Environmental Protection... -
Wasserman Schultz Calls for More Federal Regulation After Dirty Ocala Water Makes News
Jan 8, 2019 | Miami Herald
By Samantha J. Gross
U.S. Rep. Debbie Wasserman Schultz called out to the U.S. Environmental Protection Agency and U.S. Attorney General’s office Tuesday, requesting they establish a proper system for regulating, monitoring and notifying people... -
Shuttered EPA Puts Pressure on N.C. to Fund Water Testing
Jan 8, 2019 | BNA Daily Environment Report
By Andrew M. Ballard
North Carolina can’t get toxicity test results for contaminated water samples from the federal government, putting new pressure on the state to fund its own testing. State regulators had previously sought funding for their own testing... -
ECHA Outlines Activities to Promote SVHC Substitution
Jan 8, 2019 | Chemical Watch
By Caterina Tani
During 2019 Echa will publish "user friendly" data on its website on alternative substances under REACH applications for authorisation and establish how to make better use of its data, the agency said. Its announcement follows... -
South Carolina Joins Lawsuit Against Trump Offshore Drilling Plan
Jan 8, 2019 | The Hill - E2 Wire
By Chris Mills Rodrigo
South Carolina's attorney general became the first Republican to join a lawsuit against the Trump administration's offshore drilling plan Monday. Alan Wilson (R) joined nine other states seeking to block seismic testing a... -
Trump Is Giving Oil Industry a Bye in Shutdown, Critics Allege
Jan 8, 2019 | BNA Daily Environment Report
By Jennifer A. Dlouhy
The partial U.S. government shutdown has docked fishing boats in Alaska, delayed public meetings on a proposed wind farm off the Massachusetts coast, and blocked pharmaceutical companies from seeking approval for new drugs. -
Big Oil to the Rescue? Drillers Bury CO2 for a Price
Jan 8, 2019 | E&E - Climatewire
By John Fialka
Many of the world's largest oil and gas companies are buying their way into renewable energies, developing carbon dioxide capture and storage facilities, and exploring battery technologies for electric vehicles. -
MBTA Secures PTC System Deployment Extension to 2020
Jan 8, 2019 | Railway Technology
The Massachusetts Bay Transportation Authority (MBTA) in the US has secured approval for its application to extend the deadline for Positive Train Control (PTC) system implementation. The Federal Railroad Administration (FRA) has... -
Record Amount of Canadian Oil Exported by Rail Raises Safety Concerns
Jan 8, 2019 | Global News
By Kaylen Small
Canadian crude oil exports by rail have skyrocketed to record levels, raising safety concerns amid the boom. In October 2017, Canada exported 137,178 barrels per day, according to National Energy Board statistics. -
Sharp Rise Seen for U.S. Greenhouse Gas Emissions in 2018
Jan 8, 2019 | BNA Daily Environment Report
By Eric Roston
U.S. greenhouses gas emissions rose sharply by 3.4 percent in 2018 after three years of decline, the biggest increase in a decade, according to a preliminary research report on Jan. 8. The increase was driven by carbon dioxide... -
US Carbon Emissions Spiked in 2018, Research Group Estimates
Jan 8, 2019 | The Hill - E2 Wire
By Timothy Cama
Carbon dioxide emissions in the United States shot up last year by the largest amount in eight years, according to an estimate released Tuesday. Research firm Rhodium Group said carbon output likely grew 3.4 percent... -
Governor Sets Emissions-Cutting Goals
Jan 8, 2019 | E&E - Greenwire
By Marc Levy
Gov. Tom Wolf (D) is stepping up the fight against climate change and setting targets to slash Pennsylvania's greenhouse gas emissions over the coming decades in a heavily populated and fossil-fuel-rich state. -
The Energy 202: Court Ruling May Give Environmental Activists More Fodder Against EPA
Jan 8, 2019 | The Washington Post
By Dino Grandoni
The Sierra Club, one of the nation's oldest environmental organizations, led a vocal campaign to oust Scott Pruitt by helping to reveal various managerial and ethical lapses by the former Environmental Protection Agency chief.
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(ACC Mentioned) Recology CEO: It’s Time to Tackle Plastics Crisis
Jan 8, 2019 | Resource Recycling
By Jared Paben
A business executive says his West Coast trash and recyclables company is prepared to bankroll a California ballot measure taking aim at single-use plastics.
In an opinion piece published in the San Francisco Chronicle, Recology President and CEO Michael Sangiacomo reflected on the ocean plastics problem and lack of markets for many recovered plastics. He also noted that the European Union (EU) is working to mandate recycled content in plastic bottles and ban certain single-use plastic products.
In the piece, published Dec. 24, he wrote that he sent a letter to the head of the American Chemistry Council (ACC) inviting the plastics industry to offer recycling solutions that are effective, scaleable and implemented in communities around the world. He said Recology would be a willing partner in the effort.
“That said, I do feel we are nearly out of time, as the planet’s oceans and wildlife are increasingly overrun by plastic waste,” Sangiacomo wrote. “If the plastics industry is unable to step forward with a set of policies and programs that reverses these unfortunate trends, Recology will work to place a comprehensive policy on the next statewide California ballot – building off the EU model. We are prepared to commit $1 million toward a signature-gathering effort to that end and will work with all who are willing to move this effort forward.”
Headquartered in San Francisco, Recology serves dozens of communities in California, Oregon and Washington with collection, recyclables sorting and marketing, composting, and landfilling services.
https://resource-recycling.com/recycling/2019/01/08/recology-ceo-its-time-to-tackle-plastics-crisis/
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EPA Denies TSCA Section 21 Petition Seeking Increased Asbestos Reporting
Jan 8, 2019 | The National Law Review
By Lynn L. Bergeson
On December 21, 2018, the U.S. Environmental Protection Agency (EPA) denied a petition filed under Section 21 of the Toxic Substances Control Act (TSCA) requesting that EPA initiate rulemaking to amend the TSCA Chemical Data Reporting (CDR) rule to increase reporting of asbestos. EPA denied the September 27, 2018, petition on the grounds that the petitioners, the Asbestos Disease Awareness Organization, American Public Health Association, Center for Environmental Health, Environmental Working Group, Environmental Health Strategy Center, and Safer Chemicals Healthy Families, did not demonstrate that it is necessary to amend the CDR rule. EPA posted a pre-publication version of the Federal Register notice. Due to the government shutdown, EPA has not yet published its response in the Federal Register.Background
Petitioners state that they support a “robust and comprehensive” risk evaluation of asbestos under TSCA Section 6(b), followed by rulemaking to ban asbestos under TSCA Section 6(a). Petitioners requested initiation of a rulemaking under TSCA Section 8(a) to amend the CDR rule. According to the petition, the requested CDR amendments would accomplish three purposes:Remove the exemption for CDR reporting for naturally occurring asbestos, thereby requiring reporting on importation and use of asbestos and asbestos-containing products in the U.S.;Lower the reporting threshold, eliminate exemptions for impurities and articles, and require reporting by processors to assure that EPA has the information on asbestos necessary to meet its TSCA responsibilities; andDetermine that reports submitted on asbestos are not subject to protection as confidential business information (CBI) because disclosure is necessary to protect against an unreasonable risk of injury to health under TSCA Section 14(d)(3).
Petitioners note that EPA selected asbestos as one of the initial ten chemicals to undergo risk evaluations under TSCA, as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act. In June 2018, EPA issued a problem formulation document outlining how EPA plans to conduct the risk evaluation. According to petitioners, EPA’s description of the asbestos uses that will be addressed in the risk evaluation “is limited, vague and incomplete and the Agency acknowledges that ‘the import volume of products containing asbestos is not known.’”
Petitioners describe the CDR rule as EPA’s primary tool under TSCA for obtaining basic information on the manufacture, importation, and use of chemicals and the nature and extent of exposure to these substances. Petitioners note that EPA advised a major asbestos importer and user (Occidental Chemical) that “asbestos is exempt from CDR reporting because it is a ‘naturally occurring substance.’” Petitioners claim that the “loophole in the rule has resulted in a troubling -- and wholly avoidable -- lack of reliable information about who is importing asbestos and in what quantities, where and how asbestos is being used in the US, and who is being exposed and how that exposure is occurring.” They ask EPA to close the CDR reporting “loophole” for asbestos by amending the CDR rule so asbestos is subject to reporting and to frame these reporting requirements broadly to assure that they capture all imports and domestic uses of asbestos and asbestos-containing products.Reasons for EPA’s Denial
EPA states that, after “careful consideration,” it has denied the petition. Below is a summary of the reasons EPA provides for its decision.
Require Immediate Reporting of Asbestos to CDR for the 2016 Reporting Cycle
EPA does not believe that the requested amendments would result in the reporting of any information that is not already available and known to EPA. EPA states that, after more than a year of research and stakeholder outreach, EPA believes that it is aware of all ongoing uses of asbestos and already has the information that EPA would receive if EPA were to amend the CDR requirements. Furthermore, even if EPA believed that the requested amendments would collect information on any unidentified ongoing uses, EPA would not be able to promulgate such amendments and require reporting in time to inform the ongoing risk evaluation or, if needed, any subsequent risk management decision(s). EPA notes that even if it amended the CDR rule, and chemical manufacturers could reasonably ascertain and provide the newly required information, EPA would be receiving information on manufacturing, import, and processing for conditions of use that may no longer be ongoing conditions of use. EPA compared the 2012 and 2016 U.S. Geological Survey Minerals Yearbook for asbestos, and found that “a number of importers of raw asbestos and asbestos-containing articles are exiting or have already exited the market.” EPA concluded that all or a significant part of the information they would report for activities undertaken during the 2016 CDR submission period (i.e., 2012-2015) “would likely consist of conditions of use that are no longer ongoing, and, thus, uninformative for the risk evaluation.”
Lift Exemption for Naturally Occurring Chemical Substances for Asbestos
In the notice, EPA “emphasizes that manufacturers and importers of asbestos are already required to report asbestos under the CDR rule if they meet the production volume threshold of 2,500 pounds and do not qualify for an exemption (including the naturally occurring substances exemption).” During the last CDR reporting cycle, two companies reported the import of asbestos for use in the chlor-alkali industry to make asbestos diaphragms. EPA states that it believes that the chlor-alkali industry is the only importer of raw, bulk asbestos, and that EPA already has sufficient volume, import, use, and hazard data from the industry to conduct the risk evaluation.
According to EPA, petitioners “mistakenly seem to believe that no domestically manufactured or imported asbestos is currently required to be reported under the CDR rule as a result of the exemption for naturally occurring substances.” EPA notes that while it found that the exemption for naturally occurring substances applied under the specific circumstances described in Occidental’s letter, it “did not find that the exemption applied for all ‘manufacturers or importers of asbestos or asbestos-containing products’ as claimed by petitioners.”
Require Reporting of Imported Articles Containing Asbestos
Under 40 C.F.R. Section 711.10(b), import of a chemical substance as part of an article is not subject to reporting under the CDR rule. A chemical substance is considered to be imported “as part of an article” if the substance is not intended to be removed from that article and has no end use or commercial purpose separate from the article of which it is a part. EPA states that although petitioners correctly noted that “a large number of the asbestos-containing products historically in use [were] articles,” these uses, as well as most uses of asbestos, have ceased and thus are not being evaluated as part of the ongoing asbestos risk evaluation. As identified in the problem formulation document for asbestos, currently imported articles include asbestos-containing sheet gaskets, other gaskets and packing, aftermarket automotive brakes/linings, other vehicle friction products, brake blocks, asbestos cement products, and woven products. EPA does not believe amending the CDR rule would be helpful in collecting additional import information on articles.
Petitioners requested that EPA require reporting for “all imported articles in which asbestos is present at detectable levels.” The information that manufacturers are required to report under the CDR rule is limited to information “known to or reasonably ascertainable” by the reporter, however, and EPA could not require manufacturers to test these products for the purposes of CDR reporting under TSCA Section 8. Because information reported under the CDR rule is limited to that which is “known to or reasonably ascertainable” by the reporter, even if EPA were to require the reporting of asbestos-containing articles, importers would rely on information readily available to them, such as safety data sheets (SDS) or other documentation provided by their foreign supplier. EPA states that it does not believe that making the requested amendment to the CDR rule would result in importers reporting articles that are not already known to EPA because it has conducted its own research to analyze SDSs and other evidence to determine the conditions of use of asbestos for the risk evaluation.
Lift the Byproduct and Impurity Exemption for Asbestos
Under 40 C.F.R. Section 720.30(g), a byproduct is exempt from reporting if its only commercial purpose is for use by public or private organizations that: (1) burn it as a fuel; (2) dispose of it as a waste, including in a landfill or for enriching soil; or (3) extract component chemical substances from it for commercial purposes.” Under 40 C.F.R. Section 720.30(h), any impurity or any byproduct that is not used for a commercial purpose is not subject to reporting. EPA states that, based on its extensive outreach and research in connection with developing the ongoing asbestos risk evaluation, it is unaware of any examples of asbestos as a byproduct. Thus, EPA anticipates there would be no new information reported if it were to lift the byproduct exemption for asbestos.
EPA states that petitioners requested that the exemptions be made inapplicable to asbestos “since the low levels of asbestos that have been found in makeup and crayons may be unintended contaminants that comprise byproducts and impurities.” According to EPA, these findings were made only after independent laboratory testing of final consumer products, however, and “petitioners make no attempt to explain why they believe these findings are the result of the manufacture of asbestos as a byproduct or impurity such that it would be reportable under the CDR rule if the Agency required such reporting.” EPA reiterates that the information required when reporting on a chemical is limited to information that is “known to or reasonably ascertainable” by the manufacturer.
Lower Asbestos Reporting Threshold to Ten Pounds
According to EPA, since asbestos is no longer mined in the U.S. and the only importation of raw asbestos is for production of asbestos diaphragms, for which yearly imports for each site well exceed the threshold of 2,500 pounds, lowering the reporting threshold would not provide additional information. EPA states that it believes that it already has sufficient import data from the chlor-alkali industry to support conducting the risk evaluation. While petitioners claim that the current reporting threshold “is too high in view of the absence of any safe level of exposure to asbestos and the need for comprehensive use and exposure information for the ongoing risk evaluation,” they fail to show that lowering the reporting threshold would provide any new information to EPA.
Add Processors of Asbestos to CDR
The CDR rule does not currently require processors of any chemical substances to report. EPA states that it knows of only two ongoing uses of asbestos that constitute processing: (1) the processing of raw asbestos into diaphragms; and (2) the fabrication of gaskets from imported asbestos-containing sheet gaskets. According to EPA, it well understands information on these uses as a result of direct communication with these processors. Accordingly, EPA does not believe that requiring processors of asbestos under the CDR rule will provide useful information not already in EPA’s possession.
Lift CBI Claims for All Reports to CDR for Asbestos
EPA states that petitioners’ request is not appropriate for a TSCA Section 21 petition. Under TSCA Section 21, any person can petition EPA to initiate a rulemaking proceeding for the issuance, amendment, or repeal of a rule under TSCA Sections 4, 6, or 8, or an order under TSCA Sections 4 or 5(e) or 5(f). Under this express statutory language, therefore, a TSCA Section 21 petition is not a vehicle to petition EPA to initiate an action under TSCA Section 14.
Moreover, according to EPA, even if petitioners could use the TSCA Section 21 mechanism to request an action under TSCA Section 14, they have not made a sufficient case for lifting CBI protections as described by either TSCA Sections 14(d)(3) or 14(d)(7). TSCA Section 14(d)(3) states that CBI “shall be disclosed if the Administrator determines that disclosure is necessary to protect health or the environment against an unreasonable risk of injury to health or the environment.” The asbestos risk evaluation is ongoing for the uses reported under the CDR rule, and EPA has yet to determine if these uses pose an unreasonable risk. In the absence of an unreasonable risk finding for a condition of use, EPA cannot make a determination whether disclosure is necessary under TSCA Section 14(d)(3). TSCA Section 14(d)(7) states that CBI “may be disclosed if the Administrator determines that disclosure is relevant in a proceeding under this Act, subject to the condition that the disclosure is made in such a manner as to preserve confidentiality to the extent practicable without impairing the proceeding.” EPA states that it believes that disclosure of CBI would have no practical relevance to the risk evaluation or risk determination, however, as the CBI claims are limited and EPA retains the ability to characterize the information without revealing the actual protected data.Commentary
EPA’s explanations and bases for denying the petitioned actions are legally compelling, well reasoned, and provide a clear and defensible rationale for its decision to deny the petition. It seems clear that EPA is expressing its belief there is not a significant gap in the understanding available to it on asbestos import, uses, and exposures, including from asbestos in imported articles, as a byproduct or impurity, from processing, and other aspects in the petition, such that the petitioned actions are justified. EPA also makes cogent arguments about the time that will elapse between the requested rulemaking (i.e., changing the CDR exemptions and reporting thresholds for asbestos and requiring retrospective reporting for the previous two CDR reporting periods) and when any data would be available to EPA for its review and consideration. EPA argues that, as a practical matter, changing the CDR reporting rules and requiring retrospective reporting will not yield little, if any, additional useful information.
One of the examples that petitioners include is an example of risk that may arise from the presence of asbestos as an impurity in “cosmetics.” Although EPA does not so state in its response, cosmetics and cosmetic ingredients are excluded from TSCA authority by TSCA Section 3(2)(B)(vi). Cosmetics are regulated by the U.S. Food and Drug Administration under the Federal Food, Drug, and Cosmetics Act. Even if EPA were to grant petitioners’ requests, cosmetic manufacturers and importers would have no obligation to report under CDR.
Whether EPA’s rationale and decision to deny the petition will be found acceptable by petitioners remains to be seen.
https://www.natlawreview.com/article/epa-denies-tsca-section-21-petition-seeking-increased-asbestos-reporting
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US EPA Moves to Finalise Methylene Chloride Paint Stripper Rule
Jan 8, 2019 | Chemical Watch
By Kelly Franklin
The US EPA has submitted a final rule regulating methylene chloride paint strippers to the White House’s Office of Management and Budget (OMB) for review and approval.
The move initiates the standard interagency review process that must take place before a significant rule can be finalised, and brings the agency a step closer to banning or restricting a substance under section 6 of TSCA for the first time in nearly 30 years.
The EPA issued a proposal to ban paint strippers containing methylene chloride – and restrict or ban products containing the replacement solvent n-methylpyrrolidone (NMP) – in early 2017.
But industry groups pushed back on the rule. Many asked the agency instead to consider the risk posed by the products as part of the two solvents’ ongoing risk evaluations under the reformed TSCA.
And under the Trump administration, the rulemaking – as well as two others addressing several uses of trichloroethylene (TCE) – appeared to be put on hold.
Consumer advocacy groups, however, began to increase pressure on the EPA to act on methylene chloride, amid reports of consumer deaths from product use.
After a meeting with campaigners, then-EPA Administrator Scott Pruitt announced last May that the agency would act to finalise the rule "shortly". But little movement was seen in the following months, and in November, a coalition of NGOs threatened to sue if the ban was not finalised within 60 days.
The final rule was received at OMB on 21 December 2018, in the final days before the EPA shutdown begandue to lack of funding.
Alongside the section 6 rule, the EPA also submitted a proposal to develop a training, certification and limited access programme for methylene chloride used in commercial paint and coating removal. This is listed as being in the 'prerule' stage.Campaigner pressure
Liz Hitchcock, director of Safer Chemicals, Healthy Families (SCHF), said her group is pleased that the agency is moving to finalise the rule. However, she added the NGO is "disappointed by indications that the measure will not protect thousands of workers whose lives and health are in danger as they come into contact with methylene chloride on the job".
According to SCHF, at least four people have died from exposure to these products since the proposal was issued two years ago, adding to some 60 deaths that have been linked to their use in the US since 1980.
Despite EPA action on the products being delayed, campaigners have successfully pressed retailers to halt sales. Eleven companies have made such commitments, including Lowe’s, Walmart, Home Depot and Amazon.
California’s Department of Toxic Substances Control, meanwhile, pointed to the EPA’s inaction as one of the drivers behind its decision to name paint removers containing methylene chloride a priority product under its Safer Consumer Products (SCP) programme.
The Halogenated Solvents Industry Alliance (HSIA), however, is among industry groups that have stood bythe use of the products, saying that they are "the best products for efficient and effective paint removal".
https://chemicalwatch.com/73151/us-epa-moves-to-finalise-methylene-chloride-paint-stripper-rule
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EPA Rules to Control Deadly Paint Stripper Under White House Review
Jan 8, 2019 | BNA Daily Environment Report
By Pat Rizzuto
Consumer and commercial uses of methylene chloride, a potentially deadly paint and coating stripper, would be controlled by the EPA under two rules being reviewed by the White House.
The Environmental Protection Agency recently sent a final rule that would restrict some consumer uses of methylene chloride to the White House Office of Management and Budget.
The agency also sent OMB a second proposal to require worker training for companies that strip paints, varnishes, bathtubs, and other coatings using solvents containing methylene chloride.
OMB’s approval is needed before the EPA can publish either rulemaking, although EPA couldn’t take that step during the partial government shutdown.
“People should not go to work at jobs knowing they could be exposed to a chemical that could kill them,” said Liz Hitchcock, director of Safer Chemicals Healthy Families coalition.
Hitchcock described the EPA’s move as a partial victory, although her organization supports a total ban on the use of methylene chloride in consumer and commercial stripping products. Its use as a stripping agent is only one type of many uses of the solvent.
It isn’t clear when the EPA submitted the rules to OMB.
They appeared on OMB’s website late Jan. 7, although that website said the EPA submitted them Dec. 21, Hitchcock said.
If OMB clears the rules, it would carry out former EPA Administrator Scott Pruitt’s announcement last May that he would restrict methylene chloride.
The Dow Chemical Co., Occidental Chemical Holding Corp., Olin Corp., and Solvay Holding Inc. were among the companies that made or imported 264 million pounds of methylene chloride in 2015, the most recent year for which EPA data is available.
https://news.bloombergenvironment.com/environment-and-energy/epa-rules-to-control-deadly-paint-stripper-under-white-house-review
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Wasserman Schultz Calls for More Federal Regulation After Dirty Ocala Water Makes News
Jan 8, 2019 | Miami Herald
By Samantha J. Gross
U.S. Rep. Debbie Wasserman Schultz called out to the U.S. Environmental Protection Agency and U.S. Attorney General’s office Tuesday, requesting they establish a proper system for regulating, monitoring and notifying people of water contamination in their area.
The Weston Democrat expressed her concern through a two-page letter to Acting EPA Administrator Andrew Wheeler and Acting Attorney General Matthew Whitaker, detailing the toxicity of chemicals in flame retardants — and found in the water supply of some unknowing Floridians.
A Herald/Times story published last week revealed that it took four months for state health officials to notify residents in the Ocala community about potentially elevated levels of the chemicals in their well water.
In August the state’s Department of Environmental Protection confirmed that the chemicals had been used at the Florida State Fire College before they were phased out of production in the early 2000s due to health concerns.
Emails obtained by the Herald/Times revealed that in September, state health officials began discussing means of informing the Fire College, but it wasn’t until late October that they discussed notifying the rest of the nearby community. While state health officials debated for months how to word messages to those affected and put off informational open houses because of Hurricane Michael, neighbors bickered with local health officials asking when their water would be tested. The open house was eventually rescheduled in December.
The congresswoman’s letter, which outlined some of the specifics detailed in the Herald/Times story, was sent hours before Sen.-elect Rick Scott’s 4 p.m. swearing-in. In her letter, Wasserman Schultz said she was particularly troubled by the lack of clarity that came out of the governor’s office after the situation in Ocala made news, and was even more disturbed by how a former deputy health secretary and whistleblower was fired after pushing back. Residents were eventually notified on Nov. 5 — one day before the midterm elections.
“This kind of potential political interference in matters of life and death deserves swift and thorough investigation,” she wrote.
Scott’s office rejected the suggestion that political considerations played any role in the notification timeline and directed reporters to the Department of Health for comment regarding the original story.
Through a spokesman, the Department of Health said: “Any assertion that this was not done as quickly as possible is false and irresponsible.”
After the Herald/Times story was published, the department released a statement criticizing the Herald’s reporting.
In 2002, the primary U.S. manufacturer of PFOS voluntarily phased it out of production because it was aware of the looming chemical exposure and health effects on the public. In 2006, eight major companies in the PFAS industry voluntarily agreed to phase out production for the same reason.
In a 2016 EPA advisory, the agency said exposure to these chemicals – known as PFOS (perfluorooctane sulfonate) and PFOA (perfluorooctanoic acid) – can seriously damage fetuses and cause kidney and testicular cancer among other maladies.
In her letter, Wasserman Schultz asked that the Department of Justice and EPA’s criminal investigation division look into possible negligence on the part of the Department of Health for the four-month delay.
“If state agencies responsible for protecting residents from these harmful chemicals took so long to notify residents, we must ask if they have a system in place to detect these contaminants and if they have set notification policies to prevent harm from befalling citizens,” she wrote. “By waiting so long to inform residents that they were drinking contaminated water, the Florida Department of Health put people’s health at severe risk and jeopardized their lives.”
At the end of the letter, the congresswoman noted that she sees echoes of Flint in Ocala’s situation, and noted a recent report from the EPA’s Inspector General that found weaknesses in management delayed a timely response to the crisis there.
“The recent contamination in Ocala demonstrates that EPA still has a long way to go,” she wrote.
https://www.miamiherald.com/news/local/environment/article224062645.html
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Shuttered EPA Puts Pressure on N.C. to Fund Water Testing
Jan 8, 2019 | BNA Daily Environment Report
By Andrew M. Ballard
North Carolina can’t get toxicity test results for contaminated water samples from the federal government, putting new pressure on the state to fund its own testing.
State regulators had previously sought funding for their own testing equipment, a request lawmakers denied last year. Environmental groups and local officials are urging the Legislature to look at that again when the 2019 session begins Jan. 9.
The North Carolina Department of Environmental Quality has been regularly sampling the surface and drinking water from the Cape Fear River near the Chemours Co.'s manufacturing plant at Fayetteville for fluorinated chemical contamination. Those samples have been sent to the Environmental Protection Agency’s lab in Athens, Ga., for analysis, but that facility has been closed as part of the federal government shutdown.
“With the Athens lab shuttered, the samples are now being kept in refrigeration at the [state] agency’s Fayetteville Regional Office for future testing and analysis,” Bridget Munger, a Department of Environmental Quality spokeswoman, told Bloomberg Environment.
Discharges CeasedGenX and other per- and polyfluorinated compounds are toxic. They are used to make stain resistant coatings for carpets, rain gear, fast food wrappers, and frying pans.
Discharges of those compounds of concern into the Cape Fear River have led to a state and federal investigation and several lawsuits against Chemours Co. and its past parent company DuPont.
Chemours stopped discharging GenX into the water after the investigations were launched in 2017. The company and state have reached a proposed deal to slash air emissions and take other control and reporting measures.
The federal shutdown issue highlights the need for the state agency to have the ability to process its own samples, Geoff Gisler, an attorney with the Southern Environmental Law Center, told Bloomberg Environment.During the 2018 legislative session, the Department of Environmental Quality sought a funding boost to purchase a mass spectrometer for such testing, but its request was denied. At the time, lawmakers opposing that funding boost pointed to the EPA’s ability to conduct the assessments.
Local officials also are seeking legislative action to boost the funding of projects aimed at addressing GenX and other contaminants in the Cape Fear River.In a Jan. 7 letter to regulators and lawmakers, the Brunswick County Board of Commissioners urged them to revise the way they prioritize state water treatment funding and support legislative appropriations and other actions to boost water treatment efforts related to GenX and other per- and polyfluorinated compounds.
https://news.bloombergenvironment.com/environment-and-energy/shuttered-epa-puts-pressure-on-nc-to-fund-water-testing
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ECHA Outlines Activities to Promote SVHC Substitution
Jan 8, 2019 | Chemical Watch
By Caterina Tani
During 2019 Echa will publish "user friendly" data on its website on alternative substances under REACH applications for authorisation and establish how to make better use of its data, the agency said.
Its announcement follows a stated commitment to continue to support initiatives to promote substitution of hazardous substances.
The pledge came in a paper circulated at the meeting of the competent authorities for REACH and CLP (Caracal) in November last year.
It is part of Echa’s first substitution strategy, published at the end of 2017.
In September last year, the agency said it planned to publish a new, "easy-to-digest" shortlist of safer alternatives to hazardous substances compiled from REACH authorisation applications.
It follows a call earlier in 2018 by France, Germany, Italy and Norway for the agency to reveal more information on substitution possibilities in authorisation applications.
NGOs have also called for more information on alternatives to be made public to encourage SVHC substitution.2019 plans
In the Caracal paper Echa said that during 2019 it will: provide "concrete" examples of how analyses of alternatives are carried out in practice, including making studies specifically demonstrating this;support supply chain workshops and substitution-related events organised by member states and industry and set up at least one training event on the analysis of alternatives; hold a series of meetings, including the 2nd European substitution network meeting (expected in May) and a special session of the Society of Environmental Toxicology and Chemistry (Setac) conference; and launch a substitution strategy for 2020-2022 by December this year.
Additionally it will establish with the directorate general of research and innovation how Horizon Europe would support substitution.
This is in line with a request made by industry associations to help companies look for substitutes through "positive" economic incentives.
The associations outlined the suggestion in a position paper which was sent to various EU authorities ahead of the Caracal meeting.
In particular, industry associations asked for the implementation of a European programme to boost investments and new technologies, such as the Horizon 2020.
The current substitution strategy is focused on four areas. These are capacity building, identification and promotion of a better access to funding and technical support, facilitating the use of data for substitution purposes and the development of network linked to SVHCs substitution.
The plan is linked to the action five of the second REACH review, published in March last year.Work review
The Caracal paper also assessed last year’s achievements and lesson learnt. Actions were carried out in all four areas of the substitution strategy, it said.
Some examples include Echa’s participation and organisation in about ten substitution supply chain workshops events and webinars, and the preparation of the information from all analyses of alternatives made in applications for authorisation (which will be available in 2019.)
Further examples include preliminary discussions with the European Commission services about possible future support from Horizon Europe and a number of networking activities.
However in the document, Echa recognised that substitution is still "Sunday church talk", referring to a place where people "have good intentions" in seminars and workshops but progress is "hard" to see in "real life".
https://chemicalwatch.com/73163/echa-outlines-activities-to-promote-svhc-substitution
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South Carolina Joins Lawsuit Against Trump Offshore Drilling Plan
Jan 8, 2019 | The Hill - E2 Wire
By Chris Mills Rodrigo
South Carolina's attorney general became the first Republican to join a lawsuit against the Trump administration's offshore drilling plan Monday.
Alan Wilson (R) joined nine other states seeking to block seismic testing and potential exploratory drilling off the East Coast.
“Once again the federal government seeks to intrude upon the sovereignty of the state of South Carolina,” Wilson said. “Such action puts our State’s economy, tourism and beautiful natural resources at risk. We are bringing suit to protect the State’s economy and the rule of law."
“We understand the need to have a long-term, reliable energy supply. However, any comprehensive energy strategy must comply with the rule of law. While oil and gas exploration could bring in billions of dollars, doing it without adequate study and precautions could end up costing billions of dollars and cause irreversible damage to our economy and coast.”
According to the states and environmental groups filing the suit in South Carolina's district court, seismic testing could harm marine life and in turn tourism.
South Carolina joins Maryland, Massachusetts, Connecticut, Delaware, Maine, New Jersey, New York, North Carolina and Virginia in the lawsuit.
The Trump administration has proposed opening the entire Atlantic coast, along with the Pacific coast and all around Alaska, to drilling.
The National Marine Fisheries Service, part of the National Oceanic and Atmospheric Administration, authorized five companies to conduct potentially damaging air gun tests in December.
But the Interior Department’s Bureau of Ocean Energy Management would have to give those companies permits before testing can begin.
https://thehill.com/policy/energy-environment/424317-south-carolina-joins-lawsuit-against-trump-offshore-drilling-plan
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Trump Is Giving Oil Industry a Bye in Shutdown, Critics Allege
Jan 8, 2019 | BNA Daily Environment Report
By Jennifer A. Dlouhy
The partial U.S. government shutdown has docked fishing boats in Alaska, delayed public meetings on a proposed wind farm off the Massachusetts coast, and blocked pharmaceutical companies from seeking approval for new drugs.
But the Trump administration is working overtime to make sure the shutdown doesn’t halt oil drilling too—in ways critics said could flout federal law.
“One of the principles of government is that you serve everybody equally,” but that isn’t what is happening here, said Matt Lee-Ashley, a former deputy chief of staff at the Interior Department. “The oil industry is still getting business as usual and everybody else is getting shut out, so it’s fundamentally not fair and it may be illegal too.”
Permits are still being issued for oil companies to drill on federal land and in the Gulf of Mexico.Photographer: Luke Sharrett/BloombergTo be sure, some government work on energy projects is at a standstill now. For instance, the shutdown appears to have halted environmental reviews of Dominion Energy Inc.’s $7 billion Atlantic Coast pipeline and TransCanada Corp.’s Keystone XL pipeline. Interior Department permits to conduct seismic surveys to help find oil in the Atlantic Ocean also have been held up by the impasse.
But the Interior Department is still issuing permits for oil companies to drill wells on federal land and in the Gulf of Mexico. It also is moving forward on oil development in the Arctic National Wildlife Refuge and other parts of Alaska, going so far as to convene public meetings over whether to allow pipelines and drilling rigs near wetlands that sustain caribou and threatened birds.
Agencies’ Actions
The department’s Bureau of Land Management, which conducted those meetings Jan. 5-6, and has two more planned this week, said it is using fiscal 2018 “oil and gas management appropriations” to keep the work going amid a standoff between Congress and Trump over fiscal 2019 spending.
A separate agency, the Bureau of Safety and Environmental Enforcement, is keeping staff on the job to process new permits to drill in coastal waters. Applications to modify drilling permits are being considered on a case-by-case basis, with the agency focusing on those needed to ensure safe operations.
“The permitting and enforcement activities that continue would allow industry to function during a government shutdown,” the offshore safety bureau said in its formal contingency plan.
It was a far different scene in 2013, when a funding dispute suspended work across the federal government for 16 days. During that shutdown, the Bureau of Land Management canceled at least one auction of oil and gas leases in New Mexico and stopped processing permits for drilling on federal land. (The offshore safety bureau relied on user fee revenue and nonappropriated funds to keep processing permits for coastal drilling, as is happening now).
Former President Barack Obama even highlighted the threat to the oil industry, pointing out at the time that the shutdown was hurting an industry Republicans are typically “very concerned about.”
‘Ugly as Possible’
The blueprint for which agency functions can keep going amid a shutdown is a 19th century law that bars the government from incurring new financial obligations in the absence of congressionally appropriated funding.
In practice, that means the government can continue functions that don’t depend on annual appropriations from Congress, such as activity financed by user fees or multiyear funds. Activities deemed necessary for the “safety of human life or protection of property” also are allowed.
But the decisions are subjective. For instance, during the 2013 shutdown, the Obama administration largely closed national parks and briefly erected barricades around some open-air monuments. This time, the Trump administration has kept more of those sites open.
“Under the Obama administration, it was in their interest to make the shutdown as conspicuous and as ugly as possible,” said Gordon Gray, director of fiscal policy at the American Action Forum. “In this case, the interest is clearly to mitigate as much as possible.”
Federal agencies have some latitude to decide what passes muster, but that discretion comes with risk for employees on the front lines. Federal employees who “knowingly and willfully” violate the 135-year-old Antideficiency Act face fines of as much as $5,000 and up to two years in prison.
Undermining the Public?
No one has been prosecuted under the law, but it is a “real threat” for agency budget officers, Gray said.
“From the perspective of the framers, it has a desirable chilling effect on freelancing by the executive branch,” he said. “Even if you don’t end up in front of a jury or in a courtroom, it’s not something you want to run afoul of.”
The nature of the law leads to clashes about what work can continue. For instance, the Bureau of Ocean Energy Management has postponed public meetings over developer Vineyard Wind’s bid to build a large-scale wind energy project off the Massachusetts coast 15 miles south of Martha’s Vineyard.
The public meetings held in Alaska last weekend were conducted by the Bureau of Land Management, even though its state office is closed, with workers furloughed and generally unable to field inquiries from the press and public. At issue is an agency rewrite of a management plan that walled off oil and gas development in roughly half of the 22.1-million-acre National Petroleum Reserve-Alaska, including near Teshekpuk Lake, an area that provides habitat for caribou and many species of birds.
By holding the meetings amid the shutdown—when the bureau website is frozen with outdated information—the Trump administration is undermining public consultation, said David Krause, an Arctic lands conservation specialist with the Wilderness Society.
“This administration is certainly willing to shirk a meaningful public process so it can sell off the globally significant Teshekpuk Lake special area to oil companies,” Krause said.
The Interior Department’s focus on energy development comes even as other activities grind to a halt.
“Can you imagine a fire department in a local community running out of money and then deciding it is only going to serve wealthy houses because it doesn’t have money to cover everybody?” said Lee-Ashley, now a senior director of environmental strategy at the Center for American Progress. “That’s kind of what’s going on here. The oil industry is still able to get the services they want from the federal government, but nobody else does.”
https://news.bloombergenvironment.com/environment-and-energy/trump-is-giving-oil-industry-a-bye-in-shutdown-critics-allege
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Big Oil to the Rescue? Drillers Bury CO2 for a Price
Jan 8, 2019 | E&E - Climatewire
By John Fialka
Many of the world's largest oil and gas companies are buying their way into renewable energies, developing carbon dioxide capture and storage facilities, and exploring battery technologies for electric vehicles.
Some of them straddle the globe to offer energy products in as many as 70 nations. On this stage, they are using their substantial financial and scientific clout to stake out strong positions in the low-carbon energy world.
One of the most ambitious portfolios is held by Equinor ASA, a company you may have never heard of. It's the newly renamed Statoil in Norway. It didn't use "oil" in its name to signal a growing emphasis in all energy markets.
"We are developing as a broad energy company, it has become natural to change our name," explained Eldar Sætre, the company's CEO.
Over the past four years, Equinor has taken ownership positions in projects all over the world. Its most ambitious joint venture is an alliance with five international oil majors to set up a carbon capture use and storage (CCUS) project in Teesside, an industrial area in northeast England. It will include a natural-gas-fired power plant equipped with technology to collect and concentrate its CO2 — and gases from other plants — for burial in a mineral formation under the North Sea.
Equinor's strategy has been to jump from existing businesses into related low-carbon ventures. It has already used its experience developing offshore oil and gas fields to make the leap into building offshore wind farms. It currently supplies wind power to the United Kingdom, including the world's first floating wind turbines and "Batwind," the first major battery facility to store wind power. It has an offshore wind farm serving Germany and plans to build "Empire Wind," a facility off Long Island, N.Y., that would power more than a million homes in the state.
According to an E&E News review of investment activities of major oil companies, Equinor's moves are not that unusual. Majors represent some of the most cash-rich and science-oriented companies on Earth, and they are moving at various speeds to reduce their financial exposure to the risks of climate change.
While future oil sales are expected to decline because of growing concerns about CO2 emissions, the introduction of carbon taxes and the eventual emergence of electric cars, the demand for electric power from solar and wind is projected to rise by at least 400 percent by 2040, according to a recent report by Exxon Mobil Corp.
For a company whose leaders had been viewing the oil business from Norway's pallid sunlight for over 50 years, does selling solar-generated electric power look like a great business to get into?
It seems to.
Equinor was already pumping oil and gas from offshore fields it owns near Brazil last year when it bought a 40 percent share in Scatec Solar, a company that sells solar power and builds and operates solar farms in relatively sun-rich Brazil.
Irene Rummelhoff, vice president of Equinor's "New Energy Solutions" division, called it a "sensible first step into the solar industry" that will provide "scaleable and profitable growth opportunities" in the future, according to a press release.
In its annual statement, Equinor says it expects to invest 15 to 20 percent of its capital expenditures in new energy solutions by 2030. There are more than 120 CCUS projects in the world, according to Equinor. Most of them, especially those in the U.S., are operated by oil companies that collect CO2 and pump it into existing oil and gas fields. They use the pressure of CO2 to push more oil and natural gas out of the ground.
Equinor's experience started with a tax problem.
Statoil, the predecessor to Equinor, had discovered two big natural gas fields underneath the North Sea. Carbon dioxide, which is often found in natural gas, amounted to 2.5 percent in one of them. That's fine. But the CO2 content of the second field was 9 percent. That's a problem because Norway imposes a stiff tax on CO2 emissions into the atmosphere, and Statoil had to figure out how to avoid the tax to make the new gas field profitable.
So it found a way to remove, compress and inject 6.5 percent of the CO2 into a sandstone formation under the sea. Since then, about 15.5 million metric tons of CO2 has been injected into the sandstone without any signs of leakage.
That led to another potential business. The capacity of the formation, called the Utsira Formation, is huge. It's 820 feet thick and capped by a rock formation that appears to make it leakproof.
The plan turned into "Northern Lights," a project proposed by Equinor, Royal Dutch Shell PLC and Total SA, to develop a storage facility that would remove and collect CO2 from various industries in Europe. The oil companies would transport the gas by ship to a terminal northwest of Bergen, Norway, and then use an existing pipeline to inject it into the Utsira Formation.
"This is a solution for many industries wanting to reduce emissions, but who have no way of storing their CO2," Sverre Overå, a project director in Equinor, said in a recent company report. "We would like to see a moderate price for handling CO2 on behalf of others. The ambition is clear that this will ultimately become an industry that can support itself."
The Teesside project in England was the first to be chosen for the majors' experiment with CCUS. That decision was made in November. Stuart Haszeldine, professor of carbon capture and storage at the University of Edinburgh, explained that "producing more electricity from renewable energy is a good thing, but that won't be enough on its own" to limit global warming. "We will have to capture and store far more CO2 if we want to curb climate change in time."
The problem, as he describes it, is the lack of a business plan to commercialize the collection, burial or reuse of CO2. "Right now, carbon capture and storage is too expensive and unprofitable for many players," Haszeldine said.
The professor said that storing CO2 can be done in a very safe way. "CO2 occurs naturally in large underground deposits in many places around the world, where it has been stored geologically for many millions of years." Norway, he noted, has found a place where it can store 1,000 years' worth of its emissions.
Climate scientists have predicted that if a commercial way to support CCUS is achieved, projects like Teesside and Northern Lights could be a giant safety valve. Right now, global emissions exceed the target required to keep warming below 2 degrees Celsius by 2050.
One scenario is called "going negative." That involves burning fuels such as wood or liquid "biofuels" now under development to make electricity. The resulting CO2 would be collected and reused or buried.
The concept — if the economics prove out — could begin to lower existing levels of CO2 from the Earth's atmosphere.
From Equinor's point of view, described in its "Energy Perspectives of 2018," majors see similar challenges on the horizon as the world approaches 2020. It predicts that nations may follow one of three diverging pathways just ahead. The most effective one, from a climate point of view, is named "Renewal," which calls for strong government policy coordination and support for projects that can help meet the global 2 C limit.
The second one, called "Reform," relies on world markets and technological developments to push for innovations. Equinor notes that support for carbon capture and storage remains "minuscule."
Finally, there's "Rivalry." And it may already seem familiar to the Trump administration. It poses a world where nations clash and decisions are made based on "other political priorities" apart from climate change.
Equinor notes that the world's two largest carbon emitters changed their policy positions after President Trump's promise to pull the U.S. out of the Paris Agreement by 2020. "China emerged as a cautious climate policy co-leader prior to the Paris conference, and is now — with the U.S. no longer running for leadership — widely expected to assume an even more central role."
The Norwegian company's view is that China is "not in position to fill the void left by the U.S.," but it expects that China will become part of a new coalition with the European Union and Canada to help shape the world's emerging climate change policies.
https://www.eenews.net/stories/1060111171
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MBTA Secures PTC System Deployment Extension to 2020
Jan 8, 2019 | Railway Technology
The Massachusetts Bay Transportation Authority (MBTA) in the US has secured approval for its application to extend the deadline for Positive Train Control (PTC) system implementation.
The Federal Railroad Administration (FRA) has extended the deadline to December 2020, which will enable the agency to complete the pending works.
In September last year, MBTA formally submitted an application seeking an extension to implement the PTC system across its network. The agency also submitted a revised schedule and sequence for implementation in November 2018.
PTC technology is a federally mandated safety control system that reduces train speed during potential hazards, as well as helping to prevent train collisions and human error.“The alternative schedule is a major milestone that will ensure we can continue building on the progress we’ve made to implement PTC.”
Currently, PTC implementation works across the MBTA Commuter Rail network and is in various stages of completion.
MBTA general manager Steve Poftak said: “Positive Train Control is without question the most significant investment we are making to upgrade the safety of our Commuter Rail system.
“Thanks to our partners at the FRA, the alternative schedule is a major milestone that will ensure we can continue building on the progress we’ve made to implement PTC.”
In order to submit a request for an extension, MBTA was required to complete all necessary work, including completion of wayside equipment installation and deployment of the PTC Configuration Management System.
It has also installed onboard equipment on the commuter rail fleet’s locomotives and control cars, provided PTC training to Keolis personnel and conducted field qualification testing on the Stoughton Pilot Line.
A division of the Massachusetts Department of Transportation (MassDOT), MBTA provides subway, commuter rail, bus and ferry services to eastern Massachusetts and parts of Rhode Island.
https://www.railway-technology.com/news/mbta-secures-ptc-system-deployment-extension-to-2020/
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Record Amount of Canadian Oil Exported by Rail Raises Safety Concerns
Jan 8, 2019 | Global News
By Kaylen Small
Canadian crude oil exports by rail have skyrocketed to record levels, raising safety concerns amid the boom.
In October 2017, Canada exported 137,178 barrels per day, according to National Energy Board statistics.
By May 2018, it was 198,788 barrels per day.
Then, in October 2018, rail exports hit a record high at 327,229 barrels per day — a 138.5 per cent volume increase in one year.
“The volume comes with the territory of being a successful place,” said Gian-Carlo Carra, a Calgary city councillor. “As we know, we don’t have pipelines to take Alberta products to tidewater and we’re going to be doing a lot of the heavy lifting with the rail infrastructure we have — and we’re very lucky to have such robust, nation-building infrastructure in the centre of our inland port.”
He said this oil conversation is akin to ones he has with Calgary residents about traffic volumes.
“It’s not volume that’s the issue. It’s speed that’s the issue,” Carra said. “We want to make sure that as more and more people move around and more and more products are moved around on rail that we’re becoming safer and safer and safer, and more environmentally sensitive.”
After CP tanker cars came off the tracks in Calgary near 30 Avenue S.E. at Alyth Road S.E. on Sunday, the Transportation Safety Board of Canada has opened an investigation. No product spilled in the incident.
Carra said that Sunday’s derailment was significant in that it highlighted a positive working relationship between all parties involved: CP Rail, firefighters, federal boards and different levels of government.
“It was low impact in the sense that they were empty cars but high impact in the sense that they went off the rails in a very sculptural way,” Carra said.
A CP train came off the tracks in southeast Calgary on Sunday.Mike Hills/Global News
Ryan Gill’s marketing firm, Communo, neighbours the tracks. He hasn’t noticed the increase in tanker traffic and isn’t worried anyway because he said the trains move slowly.
“How else are they supposed to move the oil with no pipeline?” Gill said.
Concordia University professor Ming Yuan Chen and PhD student Omar Abuobidalla have been researching how to make hazardous goods rail transport safer since the 2014 train derailment and fatal explosion in Lac-Mégantic.
The researchers are hoping to reduce accident potential, but if they occur, then the goal is to reduce the negative impact on people.
Abuobidalla said population areas and how they change over time have to be considered.
“It should be some relation between how much we transport and this team,” he said. “We have to increase the staff in the emergency response team.”
Chen said rail cars containing dangerous goods should avoid heavily-populated areas — but if that’s not an option, extra caution is necessary.
“From the knowledge that I have, it’s less risky using pipelines to transport the liquid material, if possible,” Chen said.
A pipeline is the safest and cheapest method to move oil; railway is the second cheapest way, he said.
“If you increase the amount of transportation, sooner or later you will have some incidents that will be happening,” Chen said.
Under the Transportation of Dangerous Goods Act and the Railway Safety Act, there are no limits to how much oil can be shipped by rail.
Transport Canada said safety rules have been improved with lower permitted speeds, hastened phase-out timelines for older tanker cars, more rail safety inspections and stronger rail tank car standards.
“Transport Canada has also taken significant actions to enhance public safety and further improve the safety of transporting dangerous goods by rail under the pillars of prevention, effective response and accountability,” a statement to Global News read.
https://globalnews.ca/news/4824795/canadian-oil-exports-rail-safety/
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Sharp Rise Seen for U.S. Greenhouse Gas Emissions in 2018
Jan 8, 2019 | BNA Daily Environment Report
By Eric Roston
U.S. greenhouses gas emissions rose sharply by 3.4 percent in 2018 after three years of decline, the biggest increase in a decade, according to a preliminary research report on Jan. 8.
The increase was driven by carbon dioxide emissions generated by industrial manufacturing, which had an annual increase of 5.7 percent, and commercial and residential buildings, which generated 10 percent more emissions, according to the report by the Rhodium Group.
“Limited progress” has been made in cutting emissions in these areas, adding to the difficulties for the U.S. to meet its reduction targets under the 2015 Paris climate agreement, the report by the research organization said.
Transportation, which remains the U.S. economy’s largest source of carbon dioxide, had a 1 percent annual increase of carbon dioxide emissions. In electricity generation, more coal-fired power plants were retired in 2018, but natural gas, another source of carbon emissions, supplied most of the growth in electricity demand, and power sector emissions had an annual increase of 1.9 percent.
The report called industry and buildings the “forgotten sectors” in carbon-reduction policy.
While regulators can raise efficiency standards and change building codes for new construction, they can’t do much to control energy use in existing homes and offices.
Manufacturing production increased last year, buoyed by a generally robust economy. But great news for factories can be a headache for carbon-cutters. “The industrial sector is still almost entirely ignored” by climate policy makers, the Rhodium report said.
“Absent a significant change in policy or a major technological breakthrough we expect the industrial sector to become an increasingly large share of US greenhouse gas (GHG) emission in the years ahead (including non-CO2 gases),” it added. “We expect it to overtake power as the second leading source of emissions in California by 2020 and to become the leading source of emissions in Texas by 2022.”
The overall 3.4 percent gain was the largest since an annual increase of 3.6 percent in 2010 when the U.S. was emerging from recession.
Industry and buildings make up about a third of U.S. carbon dioxide, with industrial sources contributing 22 percent and buildings 11 percent in 2016, according to the Environmental Protection Agency.
https://news.bloombergenvironment.com/environment-and-energy/sharp-rise-seen-for-us-greenhouse-gas-emissions-in-2018
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US Carbon Emissions Spiked in 2018, Research Group Estimates
Jan 8, 2019 | The Hill - E2 Wire
By Timothy Cama
Carbon dioxide emissions in the United States shot up last year by the largest amount in eight years, according to an estimate released Tuesday.
Research firm Rhodium Group said carbon output likely grew 3.4 percent, the second-largest annual increase in two decades, behind only 2010, a year of major economic growth.
The Tuesday report, if confirmed in more thorough research expected later this year by government and international bodies, shows a stark reversal from recent years, in which trends like natural gas replacing coal have led to year-after-year carbon reductions.
It also shows that the United States is even farther off-track in meeting the goals the Obama administration set for the Paris agreement — a pact that President Trump has said he plans to leave.
Rhodium said power sector emissions fell in 2018 but blamed the emissions increase on transportation, buildings and industry.
“The transportation sector held its title as the largest source of US emissions for the third year running, as robust growth in demand for diesel and jet fuel offset a modest decline in gasoline consumption,” the group said in its report.
“The buildings and industrial sectors also both posted big year-on-year emissions gains,” it said. “Some of this was due to unusually cold weather at the start of the year. But it also highlights the limited progress made in developing decarbonization strategies for these sectors.”
The report aligns generally with a December estimate by the Energy Information Administration, which forecast a 3 percent increase in carbon emissions for the year.
https://thehill.com/policy/energy-environment/424295-us-carbon-emissions-spiked-last-year-analysis-estimates
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Governor Sets Emissions-Cutting Goals
Jan 8, 2019 | E&E - Greenwire
By Marc Levy
Gov. Tom Wolf (D) is stepping up the fight against climate change and setting targets to slash Pennsylvania's greenhouse gas emissions over the coming decades in a heavily populated and fossil-fuel-rich state.
Wolf today issued an executive order that commits his administration to meeting certain targets, putting the state in a league with what the Center for Climate and Energy Solutions says are 20 other states that already set targets.
Wolf's administration contends that Pennsylvania is already feeling the effects of climate change and that damaging changes are coming, including more extreme weather, flooding, and pest and disease management challenges for farmers and ranchers.
"This is not something that is meant to be an abstraction," Wolf said this morning on KDKA-AM radio in Pittsburgh. "I mean, all over the state this past year we've had unusual weather."
The order is nonbinding and does not require future governors to follow it after Wolf leaves office when his second term ends in 2023. Making major progress will likely require agreements with the Republican-controlled Legislature.
The order comes as operators of nuclear power plants in Pennsylvania seek a subsidy to remain open and Wolf's administration works to get tougher on methane emissions from Pennsylvania's vast natural gas exploration fields.
Wolf wants to reduce emissions by 26 percent by 2025, based on 2005 levels, and by 80 percent by 2050. The goals are in line with 2015's landmark Paris climate agreement that President Trump pulled the United States out of.
Meeting 2025's goal seems to be within reach, since federal data show Pennsylvania's carbon dioxide emissions shrank more than 20 percent between 2005 and 2016, driven by a shift from coal to natural gas as a source for electricity generation. Wolf said the state has made progress toward the 2025 goal.
"We're about halfway to where I want us to be, so we have some work to do," Wolf said. "But I think part of what we have to do is say here's our goal, here's how we're going to be measuring this and we all need to get to a better place."
https://www.eenews.net/greenwire/2019/01/08/stories/1060111213
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The Energy 202: Court Ruling May Give Environmental Activists More Fodder Against EPA
Jan 8, 2019 | The Washington Post
By Dino Grandoni
The Sierra Club, one of the nation's oldest environmental organizations, led a vocal campaign to oust Scott Pruitt by helping to reveal various managerial and ethical lapses by the former Environmental Protection Agency chief.
Now with a recent court decision, the group hopes it can apply that same level of scrutiny to Pruitt's replacement.
In a Dec. 26 ruling, the U.S. District Court for the Northern District of California ordered the release of about 20,000 emails exchanged between industry groups and 25 Trump officials — including acting chief Andrew Wheeler — within the next 10 months, along with calendars and other documents.
With that 10-month timeline starting as soon as the federal government fully reopens, the decision means the Sierra Club and other environmental activists expect to learn a lot more about Wheeler's past work and that of other Trump EPA appointees over the coming year. The first batch of emails to be released, for example, concern communication between the agency and coal giant Murray Energy, for whom Wheeler once worked as a lobbyist, along with Wheeler's former employer Faegre Baker Daniels Consulting.
The Sierra Club sued to have the records released after the EPA failed to fulfill the Freedom of Information Act requests on time. It successfully argued in court that documents concerning Wheeler, who President Trump said he wants to nominate to run the agency permanently, should be made public as soon as possible.
“This is a big win for government transparency and accountability,” said Elena Saxonhouse, senior attorney at the Sierra Club. “FOIA really requires you to get these documents to requesters on a time frame where they’re still useful.”
The court rejected arguments from the EPA that it is too overwhelmed with FOIA requests to respond by the legal deadlines. Inquires to the EPA’s Office of the Administrator, for example, jumped from 203 during fiscal 2016 to 1,045 during the following 12-month period, after Trump took office. The agency had initially asked the court to have until 2022 — halfway into the next presidential term — to complete the requests.
The Sierra Club is also seeking documents from Bill Wehrum, the former corporate lawyer chosen by Trump to head the EPA’s Office of Air and Radiation; Nancy Beck, a former chemical industry lobbying now serving as one of the top officials at the Office of Chemical Safety and Pollution Prevention; and Albert “Kell” Kelly, a former head of a task force meant to revitalize the EPA’s toxic-cleanup program who once received a lifetime ban from the banking industry.
The 127-year-old environmental group has emerged as one of the Trump administration’s fiercest critics on environmental issues. During Pruitt’s time in office, the Sierra Club’s flurry of public-records requests uncovered a cozy relationship between Pruitt and business executives in industries the EPA regulates.
Previous emails the group obtained revealed that Pruitt used government resources to try to purchase a used mattress from Trump’s Washington hotel and to secure a Chick-fil-A franchise for his wife.
Those and other news stories about Pruitt’s ethical and managerial lapses led the White House to ask for Pruitt’s resignation in July.
U.S. Magistrate Judge Elizabeth D. Laporte cited Pruitt’s departure — and Wheeler’s subsequent elevation to the top of the agency — as among the “persuasive reasons for the urgency” of the Sierra Club’s requests for documents pertaining to him.
https://www.washingtonpost.com/news/powerpost/paloma/the-energy-202/2019/01/08/the-energy-202-court-ruling-may-give-environmental-activists-more-fodder-against-epa/5c33d18f1b326b66fc5a1bd6/?utm_term=.4b1485e9de3a
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