Preview Newsletter
PM ACC Clips Report - January 31, 2019
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(ACC Mentioned) OECD Puts Forward Idea for a Global MRSL for Plastics
Jan 31, 2019 | Chemical Watch
By Leigh Stringer
A report by the OECD recommends the development of a global manufacturing restricted substances list (MRSL) for plastics. The report, Considerations and criteria for sustainable plastics from a chemicals perspective, says such a... -
House Members Pick Science, Natural Resources Panel Assignments
Jan 31, 2019 | Inside EPA
House Democrats have announced the membership and subcommittee leaders for the chamber's science committee that shares authority over climate policy as well as key EPA activities like its risk-assessment program and research... -
California’s Becerra Gaining National Clout for Legal Challenges
Jan 31, 2019 | BNA Daily Environment Report
By Emily C. Dooley
He’s the top law enforcer for the world’s fifth-largest economy, and California Attorney General Xavier Becerra is at the forefront of fighting the Trump administration’s attempts to roll back, weaken, or kill environmental protections. At... -
China Is Counting On Trump-Xi Meeting to Settle Trade Fight
Jan 31, 2019 | Wall Street Journal
By Lingling Wei and Bob Davis
China is pinning its hopes on another meeting between President Trump and Chinese leader Xi Jinping to help solve the trade dispute between the world’s two largest economies, according to people briefed on the matter, as a wide... -
EPA Sends Proposed CDR Revisions for OMB Review
Jan 31, 2019 | Inside EPA
EPA has sent for White House review a proposed rule updating its chemical data reporting (CDR) program with changes, a measure that is expected to limit some reporting requirements as chemical sector officials are pressing... -
(ACC Mentioned) California Repeals Business Furniture Flammability Standard
Jan 31, 2019 | Chemical Watch
By Kelly Franklin
California has repealed a flammability standard for upholstered seating used in public spaces. The move will enable the seating to meet state requirements without the use of chemical flame retardants more easily. On 22 January the... -
Congressional Democrats Turn up the Heat on the EPA
Jan 31, 2019 | Chemical Watch
By Lisa Martine Jenkins
As the EPA reopens after being shuttered for four weeks, Democratic legislators have wasted no time in renewing pressure on the agency. And the focus of their scrutiny continues to fall on per- and polyfluoroalkyl substances... -
Lawmakers Press EPA for Science Behind Risk Evaluation
Jan 31, 2019 | E&E - Greenwire
By Cecelia Smith-Schoenwalder
Democrats on the House Energy and Commerce Committee want to see the science behind EPA's draft risk evaluation for a chemical it determined does not present a human health risk. Chairman Frank Pallone (D-N.J.) and Environment... -
New York Governor Announces Proposal to Expand Ingredient Disclosure
Jan 31, 2019 | Chemical Watch
By Kelly Franklin
New York governor Andrew Cuomo has announced a proposal to require on-package labelling and increased ingredient disclosure for consumer products. The concept, announced as part of his executive budget proposal, would... -
Methylene Chloride, NMP Products Remain at Major US Retailers
Jan 31, 2019 | Chemical Watch
By Lisa Martine Jenkins
A survey of 42 major US stores found that a majority were still selling methylene chloride or NMP paint strippers, despite the companies’ commitments to remove those products from shelves by the end of 2018. Major home improvement... -
OECD Says Its Chemical Work Saves $300m Annually
Jan 31, 2019 | Chemical Watch
By Leigh Stringer
The OECD says its environmental, health and safety (EHS) programme saves member countries and industry an estimated $309m per year. In its report, Saving costs in chemicals management how the OECD ensures benefits to... -
Echa Round-Up
Jan 31, 2019 | Chemical Watch
Echa has begun a targeted public consultation on additional information provided for a proposal for harmonised classification and labelling on 1-isopropyl-4-methylbenzene. In this the lead registrant has indicated the availability of... -
EU Drafting Implementing Regulation for New Substances Registration
Jan 31, 2019 | Chemical Watch
By Clelia Oziel
The European Commission is preparing an implementing Regulation under REACH to spell out registration procedures for new substances on the market, Commission sources have told Chemical Watch. And another may be on the way... -
Certain Chemicals May Be Passing From Mother To Baby Without You Realizing, New Study Finds
Jan 31, 2019 | Romper
By Vanessa Taylor
Industrial chemicals have become increasingly common in everyday life. They're almost impossible to get away from. But now, a study found that certain chemicals may be passing from mother to baby and there are some concerns about... -
FERC Delays on LNG Decision Frays Nerves
Jan 31, 2019 | Houston Chronicle
By James Osborne
The mysterious delay of a $4.5 billion liquefied natural gas facility on the Louisiana coast has turned a case before the Federal Energy Regulatory Commission into the subject of a Washington guessing game, raising fears that what had... -
House Calls for Climate Hearings Met With Busy Signal in Senate
Jan 31, 2019 | BNA Daily Environment Report
By Dean Scott
House Democrats almost seem to be in a competition over who can call for more hearings on climate change, but it is a message that hasn’t gotten very far in the Republican-controlled Senate. Sen. John Barrasso (R-Wyo.), who chairs... -
Ewire: 'Green New Deal' Bill Could Be Floated Soon
Jan 31, 2019 | Inside EPA
Key House and Senate Democrats are poised to offer a bill next week detailing their vision of a “Green New Deal,” putting some meat on the bones of what to date has been a broad set of principles to aggressively reduce greenhouse... -
Texas Regulators Failing at Enforcement — Report
Jan 31, 2019 | E&E - Greenwire
By Sean Reilly
Despite spewing hundreds of millions of pounds of illegal air pollution in recent years, Texas companies rarely face the threat of enforcement from state regulators, an environmental group charged in an analysis released this morning. -
Talks to Avoid a Messy Legal Fight over California's Emissions Rules Appear Stalled
Jan 31, 2019 | The San Diego Union Tribune
By Anna M. Phillips
Talks between the Trump administration and California over rules requiring automakers to steadily decrease car emissions are no closer to reaching a deal than when they began months ago, setting the stage for a protracted legal... -
UN Laments Widespread Failures to Protect Environment
Jan 31, 2019 | BNA Daily Environment Report
By Wachira Kigotho
Failure to implement and enforce environmental laws is one of the greatest impediments to mitigating climate change, reducing pollution, and preventing loss of habitat and species, the United Nations Environment Program said.
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(ACC Mentioned) OECD Puts Forward Idea for a Global MRSL for Plastics
Jan 31, 2019 | Chemical Watch
By Leigh Stringer
A report by the OECD recommends the development of a global manufacturing restricted substances list (MRSL) for plastics.
The report, Considerations and criteria for sustainable plastics from a chemicals perspective, says such a list could "support quality and consistency in recycling".
Primarily aimed at product designers, it sets out the discussions, outcomes and recommendations of a recent international workshop looking at the sustainable design of plastics.
Organised by the OECD and the Danish government, the 'Global Forum on Environment focusing on plastics in the circular economy – sustainable design of plastics from a chemicals perspective' took place in Denmark last year.
The report says the use of recycled plastic feedstock depends in part on the availability of its "known and appropriate quality".
"An effective system is needed to define the purity of recycled plastics, including grades, and to facilitate communication in the supply chain," the report adds.
In response to Chemicals Watch's request for more details on the proposal, the OECD said the idea has "not been further developed than what is in the report". This does not offer suggestions on who could lead on the development of the list.
Feasibility
Commenting on the proposal, the American Chemistry Council (ACC) said the recycling of durable goods can be challenging due to a lack of collection and inefficiencies in separating plastics from other materials.
"With respect to MRSLs, there are examples of useful approaches to reporting substances in certain industries, particularly the Global Automotive Declarable Substances List (Gadsl), on which ACC collaborates with global OEMs [original equipment manufacturers]," the ACC said.
Europe's chemicals industry association, Cefic, said it is still developing its position on the idea.
"All known constituents of plastic products should be disclosed in order to ensure informed decisions by manufacturers, consumers, authorities and other stakeholders along the supply chain, including waste managers and, in particular, recyclers," said Dolores Romano of NGO the European Environmental Bureau (EEB).
Ms Romano told Chemical Watch a global RSL for plastics substances would help "companies producing and marketing plastic articles avoid the most toxic chemicals, improving the safety for consumers and the environment".
Furthermore, she said, all known constituents of plastic products should be disclosed in order to ensure informed decisions by manufacturers, consumers, authorities and other stakeholders along the supply chain, including waste managers and, in particular, recyclers.
"We do believe it is feasible for the plastic industry to establish a global MRSL, the same as the textiles industry has done [through the Zero Discharge of Hazardous Chemicals (ZDHC) programme], despite also having a very complex supply chain," Ms Romano added.
She said avoiding the presence of toxic chemicals in plastic articles will also increase the quality and safety of recycled plastic materials, and therefore the confidence of companies and consumers in them.
Next steps
The idea of a global list is among other 'recommended next steps', presented in the OECD's report, that aim to encourage product designers, as well as brand owners and policy makers, to increase the use of sustainable plastics. These include: addressing global products and geographic differences; understanding how considerations and criteria for sustainable plastics relate to the intended longevity and durability of different plastic materials and products; and more information on the quality, composition and recyclability of plastics.
The OECD’s report says that databases and tools, such as product passports, are needed to provide information on constituents in recycled plastics.
However, each country "should not set up different databases", it says.
The report highlights the automotive industry's Gadsl list as "a good model for supply chain information that could be adopted for plastic products and constituents". This lists substances that are expected to be present in a material or part that remains in a vehicle at the point of sale. It was developed to create a "single, globally harmonised list" for the sector.
The report says that the OECD could help with the identification, development and improvement of tools for assessing the toxicity of plastic materials.
It suggests the report's recommendations are turned into a guidance document and that taskforces or small working groups could start the process.
https://chemicalwatch.com/73839/oecd-puts-forward-idea-for-a-global-mrsl-for-plastics
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House Members Pick Science, Natural Resources Panel Assignments
Jan 31, 2019 | Inside EPA
House Democrats have announced the membership and subcommittee leaders for the chamber's science committee that shares authority over climate policy as well as key EPA activities like its risk-assessment program and research agenda, while Republicans on the natural resources panel are naming their ranking members.
Science, Space & Technology Committee Chairman Eddie Bernice Johnson (D-TX) announced her panel's assignments in a Jan. 30 press release, praising a “strong group of members” that will consider a slate of issues related to EPA's use of science -- starting with a planned climate hearing that will be part of a broader push coordinated with the House energy and natural resources committees.
Heading the committee's environment panel with primary responsibility for EPA oversight and legislation on the agency's work will be Rep. Lizzie Fletcher (D-TX), along with subcommittee members Reps. Suzanne Bonamici (D-OR), Conor Lamb (D-PA), Paul Tonko (D-NY), Charlie Crist (D-FL), Sean Casten (D-IL), Ben McAdams (D-UT) and Don Beyer (D-VA).
“I am honored to be elected to serve as Chair of the Subcommittee on Environment. I look forward to working with my colleagues on the Committee as we examine and support the science relating to some of the most pressing challenges we face as Americans,” Fletcher said in a statement.
Beyond the environment panel, Rep. Mikie Sherrill (D-NJ) will head the subcommittee on oversight and investigations, while Lamb will chair the energy subcommittee.
Beyond the scientific issues that inform climate policy, the science committee as a whole will also have authority over EPA's Integrated Risk Information System (IRIS) program and its pending rule to overhaul the agency's use of science across all its activities -- both of which were the subject of hearings in 2018 when the panel was under Republican control.
Johnson and her subcommittee chairs could also continue looking into the basis for EPA's proposed withdrawal of Obama-era production limits on “glider” trucks, among other potential subjects for hearings and oversight actions.
Meanwhile, Republicans on the House Natural Resources Committee have also formalized their caucus assignments for the new Congress. According to a Jan. 30 release from Ranking Member Rep. Rob Bishop (R-UT), the ranking member on the energy and mineral resources subcommittee that handles mining and energy extraction will be Rep. Paul Gosar (R-AZ), with Rep. Tom McClintock (R-CA) as the ranking Republican on the water, oceans and wildlife subcommittee and Rep. Louie Gohmert (R-TX) as the top Republican on the oversight and investigations panel.
https://insideepa.com/daily-feed/house-members-pick-science-natural-resources-panel-assignments
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California’s Becerra Gaining National Clout for Legal Challenges
Jan 31, 2019 | BNA Daily Environment Report
By Emily C. Dooley
He’s the top law enforcer for the world’s fifth-largest economy, and California Attorney General Xavier Becerra is at the forefront of fighting the Trump administration’s attempts to roll back, weaken, or kill environmental protections.
At home, California’s first Latino attorney general also seeks to represent disadvantaged communities, prevent polluters from harming the environment, and support the state’s regulations on toxic chemicals.
Becerra, 61, oversees an office of more than 4,500 attorneys, peace officers, investigators, and others charged with representing state agencies in legal matters. The attorney general also has authority to intervene in consumer rights, health care, criminal justice, public safety, environmental, and other matters.
He also has national clout.
House Speaker Nancy Pelosi (D-Calif.) and Senate Minority Leader Chuck Schumer (D-N.Y.) tapped Becerra Jan. 29 to give the Spanish-language response to President Donald Trump’s State of the Union address Feb. 5.
“Xavier Becerra embodies the promise of America and his moral and vigilant leadership is a critical marker for all who believe that our country’s best days are still ahead of us,” Schumer said in a statement.
But not everyone is thrilled by his work.
“I’ve been very frustrated with a lot of his pronouncements as attorney general,” Rep. Doug LaMalfa (R-Calif.) said. “It doesn’t seem like he’s ever on the side of people that produce things in the state. It’s more about an anti-Trump agenda so it’s pretty tiresome.”
Environmental Lawsuits
On the environment front, Becerra hasn’t been quiet.
“I’m not interested in leaving my daughters and the next generations with a mess,” he told Bloomberg Environment.
Of his more than 45 lawsuits, motions, or comments filed against federal actions, more than half are environment-related. They include challenges to efforts to stall methane rules, roll back emission standards for cars, sell wild horses for slaughter, and weaken toxic air rules.
All of that litigation hampers efforts to find meaningful solutions to real challenges, Becerra’s critics say.
“It seems like he’s more interested in spending taxpayer dollars for political battles,” said California Assemblyman Devon Mathis (R), adding he would prefer Becerra to let regulatory agencies such as the state’s Air Resources Board and Water Resources Control Board focus on environmental matters so he could target public safety and other issues.
Just this week, Becerra joined nine other attorneys general pushing for new Federal Energy Regulatory Commissioner Bernard McNamee to recuse himself from evaluating power system resilience because of conflicts of interest.
“Commissioner McNamee is a former lobbyist for the fossil fuel industry and has demonstrated favorable bias towards dirty coal generators, rather than clean renewables that are more economically sustainable,” Becerra said. “He has already prejudged the outcome of the current grid resiliency proceeding and must recuse himself immediately.”
He also filed a brief Jan. 30 supporting the efforts of local governments in California suing Chevron Corp. saying cities and towns had a role to play “by holding accountable companies which profit from fossil fuels that exacerbate the effects of global warming.”
In response, Chevron said it was taking action to address potential climate change risks and that the lawsuits are counterproductive.
“These lawsuits threaten to damage the economy and hurt consumers by punishing a few companies in one industry who lawfully deliver affordable, reliable enegy,” Sean Comey, a Chevron senior advisor, said in an email.
On efforts to rescind California’s waivers to regulate tailpipe emission under the Clean Air Act, Becerra is blunt: “It’s not going to happen. We’re not going to let it happen. It’s a non-starter.”
Air Quality Work Paramount
His work protecting air quality is paramount, said Coalition for Clean Air Policy Director Bill Magavern.
“The air standards are just so important for California and really for the whole country,” he said. “Becerra and his team have really dug in and done their homework.”
His eyes will have to be set in California and nearly 2,700 miles away, supporters said.
“He needs to continue to balance his efforts on the national level with the equally important job of enforcing our state laws here at home,” Magavern said.
Two Worlds
Becerra’s career has taken him to both worlds.
The Sacramento native is married with three daughters. His mother is from Mexico and moved to the U.S. after meeting his father. Becerra graduated from Stanford, the first in his working-class family to get a bachelor’s degree, before going to Stanford Law School.
He first practiced law in 1984, representing people who were mentally ill, before later becoming a deputy attorney general in the state.
He left that position in 1990 after winning a seat in the state Assembly but served one term before setting his sights on Washington, where he spent the next 12 terms in the U.S. House. He was the first Latino to serve on the Ways and Means Committee, where he was a ranking member of its subcommittee on Social Security. He also served as chair of the House Democratic Caucus.
He left Washington when then-Gov. Jerry Brown appointed him at the end of 2016 to replace then Attorney General Kamala Harris, who became a U.S. senator and is now running for president. He took the oath of office in January 2017. In 2018 he was elected to a four-year term with nearly 61 percent of the vote.
“In additional to his professional experience, I believe his personal story uniquely qualifies him as California’s Attorney General,” Sacramento Police Chief Daniel Hahn said at his Jan. 7 swearing in ceremony.
Environmental Justice
Locally, Becerra also wants to ensure poor, disadvantaged, minority, and at-risk communities are protected from air pollution, dumping, and other environmental harms.
In February 2018, he established the Bureau of Environmental Justice to focus on how land use decisions, transportation, trade routes, and industrial operations affect areas disproportionately. That work will continue.
“These communities are the communities that suffer first and most from environmental degradation,” Becerra said. “It’s hitting them now.”
It has made him popular in the environmental justice community, where representatives say his office of attorneys are on the ground testifying at board and commission meetings and ensuring state environmental laws are followed.
When the Arvin City Council in 2018 wanted to expand buffer zones between oil and gas wells and homes, schools, and other locations, Becerra weighed in, saying the measure was legal and they had the authority, said Caroline Farrell, executive director of the Center on Race, Poverty, & the Environment.
“It was an important step toward making the city council confident moving forward,” Farrell said. “It was a real game-changer.”
When Andrea Vidaurre, a policy analyst with the Center for Community Action and Environmental Justice, ran into Becerra at a restaurant recently, she was surprised he knew of work his attorneys were doing in the Inland Empire, an area of Southern California covering western Riverside County and southwestern San Bernardino County that doesn’t always get a lot of political attention.
“He’s got, like, 100 other issues going on,” she said. “It speaks a lot that his office has been focused here.”
https://news.bloombergenvironment.com/environment-and-energy/californias-becerra-gaining-national-clout-for-legal-challenges
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China Is Counting On Trump-Xi Meeting to Settle Trade Fight
Jan 31, 2019 | Wall Street Journal
By Lingling Wei and Bob Davis
China is pinning its hopes on another meeting between President Trump and Chinese leader Xi Jinping to help solve the trade dispute between the world’s two largest economies, according to people briefed on the matter, as a wide gap remains between U.S. demands and what Beijing is willing to offer.
The Chinese delegation led by Vice Premier Liu He—Mr. Xi’s economic czar who is holding talks with American negotiators in Washington this week—has proposed to the U.S. that Mr. Trump meet with Mr. Xi in the seaside Chinese resort city of Hainan after his planned summit with the North Korean leader, Kim Jong Un, in late February, the people said.
In a tweet Thursday morning, Mr. Trump indicated he is open to a new meeting with Mr. Xi. “No final deal will be made until my friend President Xi, and I, meet in the near future to discuss and agree on some of the long standing and more difficult points,” Mr. Trump wrote.
Mr. Liu didn’t focus on the proposed meeting during Wednesday’s talks, said Myron Brilliant, executive vice president of the U.S. Chamber of Commerce, who has been briefed on the talks. Instead, he is saving that for his conversation this afternoon in the Oval Office with Mr. Trump.
The invite comes as Mr. Liu delivered a package of modest concessions for the trade talks that started Wednesday at he Eisenhower Executive Office Building near the White House, the people said. It includes more Chinese purchases of U.S. farm and energy products and promises to invite more American capital into the manufacturing and financial-services sectors.
But the offer falls short of what Washington has been asking for, which includes deeper changes in what it calls Beijing’s protectionist industrial policies that hamstring U.S. competitors. The two sides are still far from a deal, and they aren’t expected to agree today to a written framework with blanks left for areas where there is disagreement—the kind of document that is standard in trade negotiations.
“We are in the fifth inning of a nine-inning game,” said Mr. Brilliant. “The president sees this as an historic opportunity, but the question is whether the administration can deliver on a comprehensive deal with the Chinese.” The U.S. Chamber, along with many business groups, have been pushing the White House not to settle too easily with the Chinese and to insist on significant changes in Chinese industrial and technology policies.
In another tweet, Mr. Trump said “meetings are going well with good intent and spirit on both sides. China does not want an increase in Tariffs and feels they will do much better if they make a deal. They are correct.”
Later, he said in a tweet that he was “looking for China to open their Markets not only to Financial Services, which they are now doing, but also to our Manufacturing, Farmers and other U.S. businesses and industries. Without this a deal would be unacceptable!”
By agreeing to a meeting, some of Mr. Trump’s advisers believe the president is putting himself in a position where he will face enormous pressure not to escalate tariffs on Chinese goods from 10% now to 25% on March 2, as he has threatened. That’s because the build-up for the meeting—and the expectations of a deal—will be so high that a negative outcome would tank markets globally and batter both economies.
That is especially the case if the two leaders were to meet in China, as Chinese officials want. A decision then to raise tariffs would be a slap in the face for the Chinese leader, whom Mr. Trump regularly refers to as a friend. Instead, the pressure would be on the U.S. to reduce tariffs.
Some of Mr. Trump’s advisers are urging that he meet elsewhere with Mr. Xi, either in a third country or even at Mr. Trump’s Mar-a-Lago estate in Florida. Mr. Brilliant said he doubts a decision about the location will be made until closer to the March deadline.
“The best hope for getting a deal is a face-to face-meeting” between the two leaders, said Brookings Institution China scholar David Dollar. “The U.S. economy is decelerating and the pressure is on Trump is to make a deal.”
Mr. Dollar added that even keeping the current 10% tariffs in place “would be hard for Xi Jinping to accept.”
China Trade Talks: Why the U.S. Wants to End ‘Forced Tech Transfer’As representatives from the U.S. and China try to hammer out an agreement on trade, the White House is seeking to stop what it calls “forced technology transfer.” WSJ’s Shelby Holliday explains.
At the same time, Beijing is also unlikely to accept U.S. demands to remake its industrial policy and scale back the role of the state in the economy, said Cornell University China expert Eswar Prasad.
“The more likely scenario is a deal where Trump declares victory, which is relatively modest in scope, and the two sides de-escalate tension and continue discussions on complicated issues left unresolved,” said Mr. Prasad, who speaks regularly with Chinese officials.
When the two leaders met on Dec. 1 in Buenos Aires, expectations in the financial markets were so elevated for a deal that the president and his advisers felt he had little option but to agree to a truce.
At that time, the U.S. had threatened to boost tariffs to 25% from 10% on January 1. Instead the two sides agreed to a 90-day truce while negotiators tried to reach a deal. If they couldn’t, tariffs would increase at 12:01 a.m. on March 2.
Treasury Secretary Steven Mnuchin said on Fox Business Network on Jan. 29 that cuts in tariffs are a possibility. “Everything is on the table,” he said. Mr. Mnuchin and U.S. Trade Representative Robert Lighthizer have jockeyed for power over China policy for the past year.
At the Buenos Aires meeting, Mr. Trump named Mr. Lighthizer the top negotiator. Mr. Lighthizer has long argued to keep tariffs in place—or even boost them—to keep pressure on China. With Mr. Trump agreeing to meet with Mr. Xi, the president has effectively become the chief negotiator, giving Mr. Mnuchin a bigger chance to influence policy.
Corrections & Amplifications
Trade talks between the U.S. and China resumed on Wednesday, Jan. 30. An earlier version of this article incorrectly referred to talks having occurred on Tuesday, the day before. Also, Hainan, the location proposed for a meeting between President Trump and Chinese president Xi Jinping, is a province in China. An earlier version of this article identified Hainan as a city.https://www.wsj.com/articles/china-trade-negotiators-proposing-trump-xi-meeting-in-china-next-month-11548940089?mod=hp_lead_pos1
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EPA Sends Proposed CDR Revisions for OMB Review
Jan 31, 2019 | Inside EPA
EPA has sent for White House review a proposed rule updating its chemical data reporting (CDR) program with changes, a measure that is expected to limit some reporting requirements as chemical sector officials are pressing the agency to quickly finalize the rule in advance of the 2020 reporting cycle.
EPA Jan. 29 sent for White House Office and Management and Budget (OMB) review a proposed rule updating its CDR requirements to align with the 2016 Toxic Substances Control Act (TSCA), and to make other changes, including possibly limiting reporting requirements for certain substances.
OMB review generally takes 90 days but can take more or less time.
The “TSCA Chemical Data Reporting Revisions and Small Manufacturer Definition Update for Reporting and Recordkeeping Requirements Under TSCA Section 8(a)” will inform industry reporting of data that EPA uses to update its inventory of “existing” chemicals in commerce that are subject to regulation under TSCA and to prioritize substances for assessment and possible regulation.
The reporting also includes some data on chemical exposures.
In the rule, EPA is proposing to revise size standards for determining “small manufacturers,” which may qualify for exemptions or limited reporting and recordkeeping requirements under the CDR and other TSCA section 8(a) reporting rules.
The rulemaking also may consider industry feedback from the 2016 CDR reporting cycle and may revise reporting requirements for inorganic byproducts after a negotiated rulemaking between stakeholders on limiting reporting on byproducts that are recycled, re-used, or reprocessed failed to reach consensus in late 2017.
Industry officials have been clamoring for EPA to advance the CDR update rule before the next four-year reporting cycle in 2020. And some industry officials say these CDR revisions should be the last for a long time.
“While these proposed changes may be helpful to the reporting community, it is imperative that EPA move quickly with its proposals so stakeholders are fully educated well before the next reporting cycle in 2020,” the law firm Bergeson & Campbell PC, which represents chemical sector clients says in its 2019 forecast of chemical regulations.
“EPA has made changes in the last four cycles of CDR (or its predecessor, the Inventory Update Reporting (IUR) rule),” the law firm adds. “We hope that this upcoming adjustment will be the last for a while, so companies can set their internal processes with the confidence that no further changes are forthcoming."
The proposed rule comes as industry, environmentalists, and EPA have clashed over reporting for certain substances.
For example, EPA in December denied environmentalists’ petition calling on the agency to drop a number of CDR exemptions for asbestos, concluding the petitioners' proposals are unwarranted because they would not provide new information and would not affect EPA's ongoing asbestos risk analysis.
In late 2017, EPA sought public input on possible approaches for limiting CDR requirements under TSCA for inorganic byproducts that are recycled, re-used, or reprocessed after the negotiated rulemaking on limiting reporting for the substances broke down.
But in comments to EPA, industry and state regulators disagreed over potential revisions to the CDR, with industry arguing that the recently-updated TSCA requires the agency to reduce reporting burdens on inorganic byproducts, while states say any limits on data collection are contrary to the revised law.
https://insideepa.com/daily-feed/epa-sends-proposed-cdr-revisions-omb-review
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(ACC Mentioned) California Repeals Business Furniture Flammability Standard
Jan 31, 2019 | Chemical Watch
By Kelly Franklin
California has repealed a flammability standard for upholstered seating used in public spaces. The move will enable the seating to meet state requirements without the use of chemical flame retardants more easily.
On 22 January the state’s Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation (Bearhfti) repealed Technical Bulletin (TB) 133 – The Flammability Test Procedure for Seating Furniture for Use in Public Occupancies. In place since 1991, the standard had been developed to establish fire performance standards for furniture used in public settings, and included an ‘open flame’ test that was typically met through the use of flame retardants.
But in a statement of reason, Bearhfti said TB 133 has become "obsolete" in most areas, as it overlaps with the recently updated TB 117-2013.
Furthermore, it said, the use of organohalogen flame retardants typically used to meet TB 133 "present significant health risks to consumers, as established by overwhelming scientific research.
"The combination of confusion between the standards and the added health risks to consumers shows a clear need for a change to the regulatory language."
Mixed reactions
California’s move has been welcomed by furniture manufacturers and consumer safety advocates alike.
The Business and Institutional Furniture Manufacturers Association said it has urged the repeal of TB 133 for several years and that it worked with a range of groups to advance the change. "Bifma took the lead on the repeal project with presentations, cost studies, surveys, statistical reviews of fire data, and other activities that proved the repeal an appropriate decision for California," it said in a statement.
Arlene Blum, executive director of the Green Science Policy Institute, added that the move was a "win for both healthier furniture and fire safety."
But the North American Flame Retardant Alliance told Chemical Watch that repealing the open flame test would "reduce fire safety by weakening the fire performance requirements".
"Experts have long-considered upholstered furniture one of the consumer products with the greatest fire risk, while decades of experience show fire safety requirements have the greatest impact when applied to public occupancies where loss can be multiplied and more severe," said Nafra.
California allows flame-retardant free building insulation
Meanwhile, the California Building Standards Commission has updated its state building codes to allow for the use of flame retardant-free foam building insulation in below-grade applications.
The change will permit the use of foam insulation containing no flame retardants when installed below a minimum 3.5-inch thick concrete slab on grade. Certain labelling requirements apply for such products to prevent their misuse in vertical or above-grade applications, which must continue to meet certain surface burning characteristics.
The proposal had the backing of a wide array of NGOs, architecture firms, corporations, and firefighters. But it was opposed by foam insulation groups and the American Chemistry Council (ACC), who cited concern that the proposal is unjustified and would increase fire danger.
The Office of the State Fire Marshal (OSFM), however, said in its proposal that the scope is limited to an area that "would pose the lowest fire threat", and that testing confirms it will not create a fire hazard.
The GSPI – which has been championing removing flame retardants from building insulation for a decade – said California’s move represents "a beginning step towards flame retardant-free building insulation".
A similar code change proposal has been submitted to the International Code Council for consideration later this year, added the NGO.
https://chemicalwatch.com/73872/california-repeals-business-furniture-flammability-standard
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Congressional Democrats Turn up the Heat on the EPA
Jan 31, 2019 | Chemical Watch
By Lisa Martine Jenkins
As the EPA reopens after being shuttered for four weeks, Democratic legislators have wasted no time in renewing pressure on the agency.
And the focus of their scrutiny continues to fall on per- and polyfluoroalkyl substances (PFASs), after acting administrator Andrew Wheeler signalled in his recent confirmation hearing that he was unlikely to set an enforceable drinking water standard on the controversial class.
Answers sought on delayed PFAS study
This week, leaders of the House Energy and Commerce Committee reiterated a months-old request for more information on the delayed release of an Agency for Toxic Substances and Disease Registry (ATSDR) study on PFAS.
The study, ultimately released in June 2018, was the subject of significant controversy last year after internal documents surfaced suggesting that the EPA and White House were working to slow its publication.
And House Democrats – including Representatives Frank Pallone (D–New Jersey), Diana DeGette (D–Colorado) and Paul Tonko (D–New York) – said this week they are "deeply concerned that these actions appear to indicate that politics, and potentially industry interests, are being placed before public health, particularly in light of reports that EPA has decided to not set a drinking water limit for several toxic chemicals."
The lawmakers have requested that the EPA respond to its original May 2018 information requests by 12 February.
Wheeler responds to EPW
Meanwhile, the Senate Committee on Environment and Public Works (EPW) top Democrat Tom Carper (D–Delaware) highlighted the lack of action on PFASs as one of several areas of concern amplified by Mr Wheeler’s responses to questions raised by the EPW during his nomination hearing.
The written answers were released to the public by Mr Carper’s office this week, and address several queries related to the class of substances, including the extent to which the EPA will be evaluating state actions and the ATSDR study in its regulatory process.
Mr Wheeler described the study – which floated minimum risk levels (MRLs) for four PFAS chemicals that are lower than EPA’s recommended limits for PFOA and PFOS – as "an important step in the process for establishing a national primary drinking water evaluation".
"As a part of the evaluation, the EPA will continue to carefully review the draft ATSDR toxicological profile and will consider all newly available scientific information, including the science used to develop state standards," he added.
Mr Wheeler’s statements also included:a commitment to make public the results of a National Academy of Sciences (NAS) review of the agency’s methodology for collecting information on general chemical safety, as reflected in a letter he sent to the EPW in January 2019; a description of how the partial government shutdown has delayed the agency’s continued study of PFASs; and an assurance that a final rule on methylene chloride paint strippers is in interagency review.
Nevertheless, the Democrat’s concerns persist.
"I urge my colleagues to join me in urging Mr Wheeler to reverse course on these misguided proposals and restore public confidence in EPA’s critical mission," Mr Carper wrote.
https://chemicalwatch.com/73842/congressional-democrats-turn-up-the-heat-on-the-epa
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Lawmakers Press EPA for Science Behind Risk Evaluation
Jan 31, 2019 | E&E - Greenwire
By Cecelia Smith-Schoenwalder
Democrats on the House Energy and Commerce Committee want to see the science behind EPA's draft risk evaluation for a chemical it determined does not present a human health risk.
Chairman Frank Pallone (D-N.J.) and Environment and Climate Change Subcommittee Chairman Paul Tonko (D-N.Y.) wrote yesterday in a letter to acting EPA Administrator Andrew Wheeler that they were "deeply concerned" at the withholding of certain studies used in the draft risk evaluation for pigment violet 29.
Pigment violet 29 is a colorant used in paints, inks and yarns. It was one of the first 10 chemicals chosen by EPA to examine under the reformed Toxic Substances Control Act.
Not releasing the studies "sets a dangerous and unlawful precedent as the EPA continues to work towards completing Risk Evaluations on the current ten and all future chemicals under review," the lawmakers wrote.
The chemical's draft risk evaluation, which was published in November and is EPA's first under the new TSCA, found that it "does not present an unreasonable risk of injury to human health or the environment under the conditions of use."
Pallone and Tonko asked Wheeler to release studies on pigment violet 29 they say EPA labeled as "confidential business information." They also requested all documents and emails related to the decision to label the studies as such.
The lawmakers' letter echoes concerns that environmental health advocates expressed in their comments on the draft risk evaluation.
The Environmental Defense Fund wrote that EPA withheld 24 studies based on "a claim of business confidentiality by the data owners."
The group wrote that the agency's conclusion cannot be supported because "EPA lacks sufficient information to characterize the hazards, exposures, and risks presented by [pigment violet 29]."
EPA did not respond to a request for comment on the lawmakers' letter.
https://www.eenews.net/greenwire/2019/01/31/stories/1060119177
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New York Governor Announces Proposal to Expand Ingredient Disclosure
Jan 31, 2019 | Chemical Watch
By Kelly Franklin
New York governor Andrew Cuomo has announced a proposal to require on-package labelling and increased ingredient disclosure for consumer products.
The concept, announced as part of his executive budget proposal, would authorise the state’s Department of Environmental Conservation to require labelling for certain consumer products, and expand existing cleaning product ingredient disclosure requirements to personal care products.
"There are 1,000 known carcinogens that are in products that are used every day," the governor said. "We want to pass a Consumer Right to Know Act that labels those products that have those carcinogens".
Consumer product labelling
Details of the draft legislation, outlined in the governor’s 2020 executive budget legislation package, call for granting the state’s environmental department the authority to establish a consumer product labelling standard to inform consumers of products containing "any carcinogen, mutagen, endocrine disruptor or other chemicals of concerns identified by the department".
This could extend to children’s products, cleaners and any other product that could expose a user to a concerning substance through normal use.
The proposal also calls for reporting requirements and the development of a public education programme. This could include a requirement for retailers to post information for consumers’ benefit.
Personal care products
A separate article in the draft legislation takes specific aim at personal care products.
Existing federal laws that require ingredient disclosure for these, it says, "fail to adequately educate and protect consumers". The proposal therefore calls for such products to more fully disclose ingredients and to identify those identified as a chemical of concern on one or more lists.
This, it says, would "benefit consumers, encourage manufacturers to remove potentially harmful chemicals from their products, and encourage development of innovative methods, including green chemistry, to replace these ingredients with more environmentally preferable alternatives".
More specifically, the draft calls for manufacturers to post to their websites and disclose to the environment department a list of ingredients by weight, as well as relevant health and safety information.
And it stipulates that such information would need to be furnished biennially, as well as: prior to the sale of any new personal care product; when the formulation of a currently reported product is changed such that the predominance of the ingredients is changed; or when any referenced chemical of concern list is updated to include an ingredient present in a product.
"The more we know about our exposure to chemicals, the more frightening the situation is," Governor Cuomo said. "Consumers have the right to know what is in the products they use, and requiring labelling on designated products will provide consumers with the information they deserve."
The governor’s office could not be reached by press time for details as to how it plans to advance the legislation.
https://chemicalwatch.com/73888/new-york-governor-announces-proposal-to-expand-ingredient-disclosure
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Methylene Chloride, NMP Products Remain at Major US Retailers
Jan 31, 2019 | Chemical Watch
By Lisa Martine Jenkins
A survey of 42 major US stores found that a majority were still selling methylene chloride or NMP paint strippers, despite the companies’ commitments to remove those products from shelves by the end of 2018.
Major home improvement and paint retailers including Lowe’s, Sherwin-Williams, the Home Depot, Kelly-Moore and Autozone made commitments to phase out the sale of paint strippers containing methylene chloride and N-methylpyrrolidone (NMP) on the back of overwhelming evidence of the substances’ health hazards. These were among at least ten retailers that planned to ban the sale of the products.
However, in the first few weeks of 2019, environment and health advocates at Safer Chemicals Healthy Families visited 42 retailers in order to monitor compliance with the agreement. They found that 62% of the stores they visited were still selling either methylene chloride or NMP paint stripper products. The stores had varying levels of non-compliance with their commitments.none of the 12 Lowe’s stores surveyed carried products with methylene chloride, but four carried one NMP paint stripper; the company pledged to remove those products when contacted by SCHF; none of the seven Sherwin-Williams stores carried NMP-based products, but two stores carried methylene chloride products; a spokesperson for the retailer told SCHF that every store would be re-checked on 18 January, though the company did not respond to a request for confirmation that those checks had been carried out;none of the three Kelly-Moore stores visited were still selling paint strippers containing methylene chloride, but one was found to contain NMP; the company’s spokesperson told SCHF that they will resend a memo to all Kelly-Moore’s stores reminding them of the company’s commitment to ban the products;all 11 of the Home Depot stores were still selling methylene chloride-based paint strippers and five of 11 also sold NMP-based products; andeight of nine AutoZone stores surveyed had methylene chloride products on their shelves, but none had NMP-based paint strippers.
Methylene chloride paint strippers in particular have come under fire from public health advocates because dozens of people have died as a result of using the products. Family members of the victims have joined SCHF and the Vermont Public Interest Research Group to sue the EPA for failure to enact a considered ban on the substance.
The agency issued the original proposal to ban or restrict the two solvents from paint removal applications in early 2017. According to SCHF, at least four people have died from exposure to methylene chloride since then.
Chemical Watch approached all five retailers for comment but had not received a response at the time of publication.
SCHF plans to similarly monitor other retailers that have made the commitment, such as Walmart. It praises those who have stepped up for taking actions that are "likely saving lives" and put pressure on regulators to make these market interventions unnecessary.
"This new in-store research underscores why we need federal action and enforcement by the EPA, to ensure that no toxic paint strippers remain on store shelves," said SCHF in a statement.
Late last month, the EPA submitted for interagency review a final TSCA section 6 rule to regulate methylene chloride paint strippers. But the rule will not address NMP products, and there are signals it will exclude occupational uses.
https://chemicalwatch.com/73844/methylene-chloride-nmp-products-remain-at-major-us-retailers
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OECD Says Its Chemical Work Saves $300m Annually
Jan 31, 2019 | Chemical Watch
By Leigh Stringer
The OECD says its environmental, health and safety (EHS) programme saves member countries and industry an estimated $309m per year.
In its report, Saving costs in chemicals management how the OECD ensures benefits to society, the organisation says estimated savings have grown by 75% since 2010 and by 240% since 1998.
The savings are spread across industrial chemicals, biocides and pesticides (see table).
Its EHS programme helps member governments "optimise the use of their resources, reduce non-tariff barriers to trade, and save industry time and money by cooperating to test and evaluate the safety of industrial chemicals, pesticides, biocides, nanomaterials and products of modern biotechnology".
OECD countries: agree on overall policies; develop harmonised instruments for their implementation; and set frameworks for, and participate in, work-sharing.
Data acceptance
Much of the savings are accrued through the EHS programme's Mutual Acceptance of Data (MAD) system, which includes the Guidelines for the Testing of Chemicals and the Principles of Good Laboratory Practice (GLP).
The OECD says MAD saves the chemicals industry the expense of duplicate testing for products that are marketed in more than one country. It also provides a "common basis for cooperation among national authorities and avoids creating non-tariff barriers to trade".
In addition, since 2010 there has been an increase in the number of OECD member countries and non-member full adherents to the MAD. "This means that the reduction in duplicative testing is now spread across more countries and hence the savings are greater," it says.
The report adds the OECD’s EHS Programme provides a forum for countries to exchange technical and policy information, which creates greater confidence in, and acceptance of, each other’s approaches. This "ultimately fosters more efficient, effective and more closely harmonised national chemicals management programmes".
The OECD is trying to get China on the MAD programme.
In addition to financial savings, the OECD says 32,702 animals have avoided being used to test industrial chemicals.
Non-quantifiable benefits
The organisation says the quantifiable savings "only tell part of the story".
The report also describes the programme’s "equally important non-quantifiable benefits", such as: harmonised tools for testing and assessing nanomaterials, generating savings to governments and industry; harmonised tools to identify the risks of endocrine disruptors; harmonised templates for reporting information used for the risk assessment of chemicals; and reduced need for national government inspections of chemical test facilities in other countries.
The estimated savings, it says, are just a snapshot of the benefits that have already accrued, and this figure is expected to rise as the results of more EHS projects become available in the coming years.
Annual savings from EHS programme. Source OECD.
https://chemicalwatch.com/73869/oecd-says-its-chemical-work-saves-governments-industry-300m-annually
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Jan 31, 2019 | Chemical Watch
Targeted public consultation
Echa has begun a targeted public consultation on additional information provided for a proposal for harmonised classification and labelling on 1-isopropyl-4-methylbenzene. In this the lead registrant has indicated the availability of an unpublished acute toxicity study in Daphnia magna that could change the classification proposal.
A public consultation is open until 11 February 2019.
CLH proposals and intentions
Echa has received proposals to harmonise the classification and labelling for:
N,N-dimethyl-p-toluidine. Germany is proposing harmonised classifications of acute toxicity 3 and 4, carcinogenicity 2, and Stot RE 2. And specific concentration limits of Oral: ATE = 139 mg/kg bwInhalation: ATE = 1,4 mg/L (mists); and 6-[C12-18-alkyl-(branched, unsaturated)-2,5-dioxopyrrolidin-1-yl]hexanoic acid. Austria is proposing a harmonised classification of reproductive toxicity 1B, H360FD.
It has also received a new intention for:2-ethyl-2-[[(1-oxoallyl)oxy]methyl]-1,3-propanediyl diacrylate. France is proposing harmonised classifcations of carcinogenicty 2, aquatic acute 1, M-factor=1 and aquatic chronic 1, M-factor=1.
Testing proposals
And the agency has invited third parties to submit scientifically valid information and studies on five testing proposals on the following four substances:1,3,2-dioxathiolane 2,2-dioxideN-(3-aminopropyl)-N'-C16-18 (evennumbered), C18 unsaturated alkyl -propane-1,3-diaminereaction mass of N,N,N',N'-tetrabutylmethylenediamine and dibutylaminereaction products of acrylic acid with 2,2'-[oxybis(methylene)]bis[2-ethylpropane-1,3-diol]
The deadline for submitting information is 11 March.Board of Appeal announcements
The BoA has published announcements of two new appeals related to data-sharing disputes: in case A-024-2018, the appellant Symrise AG, Holzminden is the lead registrant of the substance 3-phenylpropan-1-ol; and in case A-023-2018, the appellant Oxiteno Europe SPRL is lead registrant of the substance isopenyl acetate.
In both, the appellants are asking for the decision to be annulled in which Echa decided they had failed to make every effort to reach an agreement with the claimant, another registrant of the substance, over data-sharing.
Guidance
Echa has released a guide on how to act during dossier evaluations. The document explains how dossiers are processed and how registrants should act after receiving the draft or adopted decision.
It also highlights changes that have come in since 1 January. These have meant that dossier decisions are sent to all non-compliant registrants of a substance.
The agency has also released a guide on how to report changes in identity under the REACH and CLP Regulations. This latest document replaces ‘Practical guide 8: How to report changes in identity of legal entities’.
The latest guide is available in English, with translations are expected at a later date.
EUON
The EU observatory for nanomaterials is seeking topic suggestions for future studies on nanomaterials. EUON conducts at least three studies a year to address knowledge gaps that are of interest to the general public and the research community.
It is looking for studies that address:
questions relating to the health and safety of nanomaterials, including hazard and risk assessment, exposure or worker safety and protection;
specific issues surrounding consumer or worker uses.
markets for nanomaterials, focusing on those in the EU.
The scope can be on nanomaterials in general, a specific nanomaterial, or a defined group and it should be possible to execute within three to nine months.
The studies should be based on desk research and surveys and not require experimental facilities, for example for conducting animal or other laboratory studies, it says.
The outcome and study reports will be made publicly available on the EUON website.
If a topic is selected, the proposer may be contacted for further information. The deadline for proposals is 7 February.
And the agency is also seeking feedback, via a short questionnaire, on how its European Observatory for Nanomaterials (EUON) is performing and could be improved to better meet the needs of users.
The resource provides information on nanomaterials, on a range of subjects from safety to innovation to a wide audience. It covers existing EU legislation and the presence and uses of specific substances on the EU market.
Seac draft opinion reminder
The agency has issued a reminder that it wants comments on the draft opinion released by its Socio-economic Analysis commitee(Seac) on the proposed restriction of hazardous substances in tattoo inks and permanent make-up.
Echa prepared the proposal along with Denmark, Italy and Norway.
The deadline for comments is 11 February 2019.
https://chemicalwatch.com/73877/echa-round-up
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EU Drafting Implementing Regulation for New Substances Registration
Jan 31, 2019 | Chemical Watch
By Clelia Oziel
The European Commission is preparing an implementing Regulation under REACH to spell out registration procedures for new substances on the market, Commission sources have told Chemical Watch. And another may be on the way to toughen up the requirements for dossier updates.
It is intended that the first implementing regulation, still in draft form, will explain how REACH registration provisions will operate following the expiry in June 2018 of the transitional regime that applied to 'phase-in' substances. These are chemicals that were already on the market when REACH was adopted in 2007.
Echa has received dossiers for 21,551 phase-in chemicals and believes the majority of the substances currently used on the market have been registered, even as NGOs say there may be thousands of unregistered chemicals.
The Commission said the new implementing regulation would aim to provide clarifications regarding: calculation of tonnage in registering substances; applicability of reduced REACH registration requirements; and continuing obligations of existing registrants of phase-in substances to jointly update their registration dossiers after 1 June 2018.
No further details have yet been revealed, but the draft regulation is currently going through the Commission's "internal procedures and obligations" and member states will vote on it in the context of the REACH Committee.
"The Commission's intention is that the vote will take place in the first quarter of 2019," a source said.Article 22
The Commission is also considering drafting another implementing act to boost the frequency at which registration dossiers are updated, amid concerns over high levels of non-compliance in REACH dossiers.
Some EU member states and Norway have called for an implementing Act to clarify Article 22 of REACH, to ensure companies regularly review and update dossiers. The Commission's second REACH review called for actions to encourage dossier updates and, last September, Echa announced a major revamp of compliance processes.
The EU executive is mulling "what options are available", the Commission said, and they include an implementing act that would provide "further detail regarding the timing and circumstances in which dossiers need to be updated".
It will also propose amending Echa’s compliance target, currently set at 5% of dossiers registered under each tonnage band. The new target should be "a further incentive" for companies to comply with registration duties, the Commission said. It did not disclose the new target.
Echa is already using "intelligent strategies" to prioritise compliance checks, it added, but it could also consider "amending or adding new criteria" for prioritisation "to achieve the highest impact with dossier evaluation."
A German study last year found registration dossiers to be non-compliant for some 32% of substances at 1,000 tonnes per year or above. Echa's seventh enforcement project (Ref-7) started in January and will focus on dossier compliance.
Cefic said it would welcome a draft implementing regulation on Article 22 as it would provide more clarity "on what needs to be updated in dossiers and when."
The clarification will be helpful for everyone, Cefic said, "for authorities to better assess whether a dossier needs to be updated or not and for registrants to proactively update their entries, if needed."
https://chemicalwatch.com/73879/eu-drafting-implementing-regulation-for-new-substances-registration
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Certain Chemicals May Be Passing From Mother To Baby Without You Realizing, New Study Finds
Jan 31, 2019 | Romper
By Vanessa Taylor
Industrial chemicals have become increasingly common in everyday life. They're almost impossible to get away from. But now, a study found that certain chemicals may be passing from mother to baby and there are some concerns about it. None of this is any mom's fault, because these chemicals are passed without anyone realizing. The research, though, presents a lot of new concerns surrounding these super common chemicals.
In a study recently published in the journal Environment International, researchers at the Karolinska Institutet in Sweden found that PFAS chemicals, which are in all kinds of consumer products, may pass from pregnant woman to fetus through the placenta during pregnancy and build up in fetal tissue.
PFAS stands for perfluoroalkyl substances (and polyfluoroalkyl substances). According to the U.S. Environmental Protection Agency, PFAS are "a group of man-made chemicals that includes PFOA, PFOS, GenX, and many other chemicals." The EPA noted that PFAS have been made and used in a variety of ways since the 1940s.
These chemicals are water-resistant and grease-resistant, according to the Karolinska Institutet, so they're often used in common products like frying pans, food packaging, clothes, cleaning products, and more.
PFAS can build up in living things over time and there's even some evidence that being exposed to PFAS can cause "adverse human health effects," according to the EPA. Now, researchers have uncovered information that points to the need to better understand how PFAS may be impacting babies.
Researchers focused on six PFAS substances, as outlined by the study's abstract: perfluorooctanesulfonic acid (PFOS), perfluorooctanoic acid (PFOA), perfluorononanoic acid (PFNA), perfluorodecanoic acid (PFDA), perfluoroundecanoic acid (PFUnA), and perfluorohexane sulfonic acid (PFHxS).
For the study, researchers worked with tissue samples from 78 embryos and fetuses aged 7 to 42 weeks from biobanks in Sweden and Denmark, according to EurekAlert!. Researchers discovered that PFAS levels were highest in the lung and liver tissue (sometimes as high as adults) and lowest in the brain, according to the Karolinska Institutet.
This means that, when a baby is born, they already have a stored amount of these chemicals in their lungs, liver, brain, and beyond.
"The compounds were detected in all analyzed tissues, suggesting that PFASs reach and may affect many types of organs," researchers wrote in the study's abstracting, adding, "Collectively, our results demonstrate that PFASs pass the placenta and deposit to embryo and fetal tissues, calling for risk assessment of gestational exposures."
Researchers are calling for additional studies to be done, so they can better understand how these chemicals are moving through the placenta and what sort of affect they may ultimately have. They noted in the study's abstract, for example, that PFAS chemicals were higher in male fetuses than female.
Outside of household products, PFAS chemicals can be found in a few other places. According to the EPA, food and drinking water can sometimes be impacted. Dr. Pauliina Damdimopoulou, senior researcher, said the main source of PFAS chemicals now is food, such as fish, milk, meat, and eggs, as per the Karolinska Institutet. In addition, PFAS chemicals have been found in some drinking water — the Trump administration's EPA has decided not to regulate PFOA and PFOS under the Safe Drinking Water Act, as Politico reported.
Right now, a lot more research needs to be done to fully understand these results. But, they will hopefully lead more researchers to examine just how PFAS chemicals are impacting babies and adults alike.
https://www.romper.com/p/certain-chemicals-may-be-passing-from-mother-to-baby-without-you-realizing-new-study-finds-15912704
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FERC Delays on LNG Decision Frays Nerves
Jan 31, 2019 | Houston Chronicle
By James Osborne
The mysterious delay of a $4.5 billion liquefied natural gas facility on the Louisiana coast has turned a case before the Federal Energy Regulatory Commission into the subject of a Washington guessing game, raising fears that what had been a predictable approval process for the nation’s booming natural gas exports is becoming mired in partisan politics.
Following the death of Commissioner Kevin McIntyre this month, FERC’s commissioners are split 2-2 between Democrats and Republicans. Typically, that is not a problem for the independent commission, which has the reputation for bipartisanship. But suspicions were piqued last month when, without explanation, FERC pulled from the agenda of its Dec. 20 meeting a final decision on the Calcasieu Pass LNG facility, funded by the Virginia private equity group Venture Global LNG, and then left it off again at their next meeting Jan. 22.
“That is incredibly uncommon. It was an indicator they didn’t have the necessary votes for an approval,” said Charlie Riedl, executive director of the trade group Center for Liquefied Natural Gas. “The fact the projects haven’t gotten a vote are indicative the politics have changed. That’s the only logical conclusion you can draw.”
Investment in U.S. LNG facilities has taken off in recent years, driven by a glut of cheap domestic natural gas and increasing global demand for a cleaner burning alternative to coal. Should the impasse on Calcasieu Pass continue, it will raise questions not only about that project, but a dozen other LNG terminals slated to come before the commission in the years ahead, including projects in Freeport, Corpus Christi, Port Arthur and the Rio Grande Valley.
Earlier this month, the co-CEOS of Venture Global, Robert Pender and Michael Sabel, wrote to FERC urging them to take action at their January meeting, warning unexpected delays could turn off investors.
“Financial markets are acutely aware of, and dependent upon, the transparency, reliability, and predictability of the commission’s regulatory process and time frame,” they wrote.
The cause of the delay is unknown. As is their practice, FERC and the commissioners have declined to comment on the Calcasieu Pass project, citing the ongoing case before them.
But that has led to rampant speculation about what is holding up the decision, with theories ranging from hardening political lines to worsening climate change forecasts, which in turn has raised concerns that getting approval for LNG projects could become more difficult. Much of the attention is focused on Cheryl LaFleur, a Democrat and former executive vice president of the utility National Grid, who has the reputation as the swing vote on the commission.
“It looks like Commissioner LaFleur has changed her opinion, because she had been approving projects,” Riedl said. “What we don’t know is what she wants to see done. She hasn’t shared that publicly.”
But reading LaFleur’s thinking on greenhouse gas emissions is a fraught undertaking.
She has criticized the commission’s Republican majority for adopting a policy that says FERC will no longer consider greenhouse gas emissions on pipeline applications unless contracts with power plants or other customers are already in place, to allow for an exact accounting of how much gas was sold and the associated greenhouse gas emissions. LaFleur argues that emissions from pipelines can be estimated without contracts in place and the FERC policy violates federal law, which requires officials take climate change into account in their decision making.
On LNG projects, however, she has downplayed climate change’s relevance. In a hearing last month, she raised a 2016 court case in which the D.C. Circuit Court of Appeals ruled it was the Department of Energy, not FERC, which is responsible for considering greenhouse gas emissions from LNG exports.
“That has implications for the scope of our environmental review,” she said.
Political pressure is building on Democrats to take a stand on climate change, with politicians nationwide calling for a rapid shift away from fossil fuels and New York Gov. Andrew Cuomo blocking natural gas pipelines through his state.
Projections on climate change are growing increasingly dire, with the United Nations scientific panel on climate change issuing a report last year warning that if greenhouse gas emissions went unchecked, the planet would see devastating droughts and wildfires, inundated coastlines and the mass-killing off of coral reef as soon as 2040. A federal government report in December found that the climate change is accelerating and its effects could drain hundreds of billions of dollars from U.S. economy every year, starting in the second half of the century.
In the worst case scenario, the report said, the costs could reach 10 percent of the nation’s annual economic output — which today would equal about $2 trillion.
“I am not gifted with the ability to look into Commissioner LaFleur’s mind,” said Gillian Giannetti, an attorney with the environmental group Natural Resources Defense Council. “But FERC has been wrestling with the need for pipelines and how to quantify and consider greenhouse gas emissions indirectly caused by pipelines and affiliated projects like LNG.”
Democratic pressure on FERC is only likely to increase in the years ahead, with politicians as diverse as the self-described democratic socialist Rep. Alexandria Ocasio-Cortez, D-New York and billionaire and former New York City Mayor Mike Bloomberg calling for a “Green New Deal” through which the federal government invest in carbon-free energy projects — though with heated debate on the timing and details.
The shift is evident among even Republican appointees on FERC. FERC Chairman Neil Chatterjee, a former chief of staff to Sen. Majority Leader Mitch McConnell, wrote a Facebook post from a vacation in Cancun last year worried about a mass of algae on the beach, the rapid growth of which in the Caribbean Sea has been linked with climate change.
“Climate change is real. Man has an impact,” Chaterjee posted. “We must take steps to mitigate emissions asap while being sensitive to communities that get hurt during the transition. Please let’s all be rational and work together. I’m ready.”
Likewise, when McIntyre reopened FERC’s policy on new gas pipelines last year, he asked for input on how climate change and other environmental issues should be considered.
So far, the debate around greenhouse gas emissions has been largely theoretical, with FERC continuing to approve pipelines at a swift pace despite their contribution to climate change, said Jonathan Peress, senior director of energy market policy at the Environmental Defense Fund.
“They have different perspectives about the scope and depth of the greenhouse gas analysis, but it has had virtually no impact on the actual permitting of pipelines,” he said.
The commission is not scheduled to meet again until Feb. 21, and the agenda for that meeting is not scheduled to be released for two weeks. In the meantime, Riedl, the executive director of the LNG trade group, said he was urging the White House to nominate a fifth FERC commissioner to replace McIntyre and break the deadlock, though he admitted the ongoing trade war and border wall fight were making his work more difficult.
“They have been tight-lipped,” he said. “But the reality is this administration has greater fires burning than a new FERC commissioner.”
https://www.chron.com/business/energy/article/FERC-delays-on-LNG-decision-raises-nerves-13574329.php
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House Calls for Climate Hearings Met With Busy Signal in Senate
Jan 31, 2019 | BNA Daily Environment Report
By Dean Scott
House Democrats almost seem to be in a competition over who can call for more hearings on climate change, but it is a message that hasn’t gotten very far in the Republican-controlled Senate.
Sen. John Barrasso (R-Wyo.), who chairs the Senate Environment and Public Works Committee, said his panel already touches on climate in infrastructure hearings and in recent confirmation hearings held on Trump administration picks to head the EPA and the Federal Highway Administration.
He and other Republicans also cited a busy agenda, including deals that are needed to avoid the government shutting down again after a short-term spending deal expires Feb. 15 and confirming more Trump judicial and executive branch nominations, such as Attorney General nominee William Barr.
Only one Senate chairman, Lisa Murkowski (R-Alaska), has plans for multiple Senate hearings, saying the Energy and Natural Resources Committee can’t ignore the impact of rising temperatures, melting sea ice, and thawing permafrost that is affecting her state.
Murkowski “intends to hold hearings in the near future on a variety of topics and technologies to help reduce our nation’s emissions and move us toward a cleaner energy future,” committee spokesperson Nicole Daigle said in a Jan. 30 statement.
But over at the Senate environment panel, which under Democratic control repeatedly moved broad climate legislation over Republican objections, most recently in 2010, the chairman doesn’t see the need for a hearing specifically on the climate issue.
“You know, it is brought up in every hearing that we have,” Barrasso told Bloomberg Environment. It was brought up in the nomination for the federal highway administrator on Jan. 29, he said, and during the panel’s Jan. 16 confirmation hearing on Andrew Wheeler, the Environmental Protection Agency’s acting chief.
Bipartisan Backing
Barrasso doesn’t see the need “to have a specific hearing on this or that” climate issue, but said he is working in a bipartisan way on climate issues—including backing more incentives for carbon capture with Democrats who see it as a tool to fight global warming such as Sen. Sheldon Whitehouse (D-R.I.).
But the environment panel isn’t the only committee keeping hearings climate-free in the Republican-controlled Senate. There is virtually no interest in the Senate Agriculture, Commerce, or Transportation committees, even as Democratic House heads of Energy and Commerce, Natural Resources, Science, Transportation, Oversight, Agriculture, and Foreign Affairs all expect to have hearings in the 116th Congress.
The House Energy and Commerce Committee on Jan. 30 announced that its Environment and Climate Change Subcommittee will hold what will likely be House Democrats’ first climate hearing Feb. 6, focusing on the environmental and economic impacts of climate change.
Also in the House, even the chairman of the new Select Committee on the Climate Crisis, Rep. Kathy Castor (D-Fla.), is already planning climate hearings in and out of Washington, and Castor doesn’t even have her committee roster yet.
“Yes, we intend to have field hearings to travel to communities that have been severely impacted,” she said, such as “rural areas, agricultural areas, and urban communities that help tell the story and then focus on solutions being developed all across this country.”
Both chambers should be focusing on increasing concerns over the planet’s warming, Castor said, pointing to the recent report from the Intergovernmental Panel on Climate Change, which warned that time is running out for nations that set a global goal to keep temperatures from rising more than 2 degrees Celsius (3.6 degrees Fahrenheit) above pre-industrial times.
Other Agendas Cited
House chairmen such as Natural Resources’ Raul Grijalva (D-Ariz.) said they aren’t surprised with the lack of interest in the Senate but vow House hearings will produce climate legislation that will put the onus on the Senate to act.
“It would be nice and it would be a good complement” to have the Senate also focusing on the climate issue, Grijalva said. “But we’re going to do what we need to do here, and in doing so move the pressure and responsibility” to the Senate.
“We can only do what we can do.”
In the Senate, the Commerce, Science, and Transportation Committee only has a slice of the climate issue, including oversight of NOAA, but it hasn’t always been dormant on the issue. In 2012, the Commerce panel, then under Democratic control, moved a bill that President Barack Obama later signed to bar the European Union from extending carbon caps to U.S. airlines.
Sen. John Thune (S.D.), now the chamber’s second-ranking Republican, offered compromise language endorsing a “worldwide approach” to curbing the sector’s greenhouse gas emissions, which Democrats saw as an important concession endorsing a global solution to a growing source of emissions.
Thune, the Commerce Committee’s former chairman, said whether to hold a climate hearing isn’t exactly a top-tier issue with he and other GOP committee members.
“It’s not, obviously,” he told reporters Jan. 30. “I’d be surprised if there is much support for that,” he said, citing higher priority issues including telecom, internet privacy, transportation, and the U.S. transition to 5G cellular service.
https://news.bloombergenvironment.com/environment-and-energy/house-calls-for-climate-hearings-met-with-busy-signal-in-senate
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Ewire: 'Green New Deal' Bill Could Be Floated Soon
Jan 31, 2019 | Inside EPA
Key House and Senate Democrats are poised to offer a bill next week detailing their vision of a “Green New Deal,” putting some meat on the bones of what to date has been a broad set of principles to aggressively reduce greenhouse gases and boost support for the economy, though even supporters agree there is no chance it will advance this Congress.
Axios reports that Sen. Ed Markey (D-MA) and Rep. Alexandria Ocasio-Cortez (D-NY) could float a Green New Deal bill “as soon as next week.” It is unclear how closely a bill would hew to a draft outline circulated in the weeks after the midterms that calls for 100 percent renewable energy within 10 years, a federal jobs guarantee for those affected by the shift to low-carbon power and other issues.
But various news reports -- and even some supporters of the proposal -- agree on one thing: It is dead on arrival in the current Congress.
“How could you [get it passed before 2020]?” said Ocasio-Cortez's spokesman, Corbin Trent, in an interview with the Washington Post. “I think we need to get this thing fixed up before we get it passed. Now we have to spend some time fleshing it out.”
Varshini Prakash of the Sunrise Movement -- a youth-focused environmental group that has been one of the most prominent champions of the Green New Deal in recent months -- told Bloomberg that “there is no actual pathway for legislation.”
Instead, the group will be “pushing any Democrat who wants to be on the slate ahead of the 2020 primary to be strong on climate and back a Green New Deal.”
This article reports that House Speaker Nancy Pelosi (D-CA) is in a “bind” on the subject because she does not want to alienate moderates in her caucus who are wary of an aggressive climate policy unlikely to become law in the Trump era, even as energy from the progressive wing of the party was key to Democrats' takeover of the House and would be important in the 2020 elections.
Pelosi herself has put climate change at the center of her agenda, saying in her first address as speaker earlier this year that Congress must “face the existential threat of our time: the climate crisis."
The Atlantic is also looking at the cold, hard politics of passing legislation, writing that Democrats' biggest stumbling block -- assuming they defeat President Donald Trump in 2020 and retain the House -- could be the Senate.
Re-taking the upper chamber is no small feat, the story notes, and even then Democrats likely would have a slim majority and would have bring along centrists such as coal state Sen. Joe Manchin (D-WV), who has opposed climate mitigation policy even as he accepts climate science.
Democrats' “narrow path” for passing a bill could include scrapping the legislative filibuster -- considered a third rail -- or forcing a climate bill through with a simple majority using budget “reconciliation,” though the latter step includes various procedural potholes that could stymie any legislation.
Otherwise, the party must attract nearly 10 Republican senators to join them on a major climate bill, a step that is hard to imagine in the current political environment.
https://insideepa.com/daily-feed/ewire-green-new-deal-bill-could-be-floated-soon
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Texas Regulators Failing at Enforcement — Report
Jan 31, 2019 | E&E - Greenwire
By Sean Reilly
Despite spewing hundreds of millions of pounds of illegal air pollution in recent years, Texas companies rarely face the threat of enforcement from state regulators, an environmental group charged in an analysis released this morning.
From 2011 through 2017, chemical plants, gas processors and other industrial facilities reported almost 29,000 unauthorized "upset" events stemming from equipment breakdowns, employee mistakes and other problems, Environment Texas said in the analysis.
During that seven-year period, the number of such events that drew fines from the Texas Commission on Environmental Quality (TCEQ) totaled 646, or about a 2.2 percent ratio.
For 2017 alone, some 4,100 upset events led to the release of more than 63 million pounds of benzene, hydrogen sulfide and other pollutants, up 27 percent from the preceding year, the group found.
"The data show that polluters routinely violate the law, but TCEQ too often lets them off the hook," Luke Metzger, the executive director of Environment Texas, said in a news release.
More than half of that pollution occurred in the Midland area in West Texas, where an oil drilling boom in the Permian Basin is in full swing.
Almost 4 million pounds of unauthorized releases came from a compressor station on the Trans-Pecos pipeline, for example, according to state data collected in the analysis. A gas processing plant in Seminole, another West Texas locality, accounted for another 1.1 million pounds, the analysis found.
In 2017, TCEQ levied fines stemming from 58 upset events, although most, if not all, of those had occurred in prior years. It was not immediately clear how many 2017 cases have since spurred enforcement action.
Andrea Morrow, a commission spokeswoman, did not immediately reply to a request for comment today on the analysis, which is a follow-up to a similar report released two years ago.
At that time, Morrow said that the commission consistently pursues enforcement "against non-compliant regulated industries in accordance with a vigorous, clearly articulated regulatory framework" (Greenwire, July 10, 2017).
Today's report urges officials to make a half-dozen changes, including adopting mandatory minimum penalties for upset events and developing a plan to improve compliance. The report also recommends that the state eliminate "affirmative defense," a regulatory waiver that allows companies to escape fines if they meet certain conditions.
Although EPA in 2015 ordered states to eliminate affirmative defense provisions, Texas "basically thumbed its nose" at that requirement, Metzger said in an interview. Texas is also among the states challenging the 2015 order in lawsuits pending before the U.S. Court of Appeals for the District of Columbia Circuit.
At the Trump administration's request, proceedings in that litigation have been on hold for almost two years. As E&E News reported last fall, EPA was at one point mulling the possibility of rolling back the 2015 requirement, although it has yet to take any public step in that direction (E&E News PM, Sept. 25, 2018).
In the meantime, Metzger said he's hopeful that the Texas Legislature will address affirmative defense in its current session.
https://www.eenews.net/greenwire/2019/01/31/stories/1060119185
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Talks to Avoid a Messy Legal Fight over California's Emissions Rules Appear Stalled
Jan 31, 2019 | The San Diego Union Tribune
By Anna M. Phillips
Talks between the Trump administration and California over rules requiring automakers to steadily decrease car emissions are no closer to reaching a deal than when they began months ago, setting the stage for a protracted legal battle.
Behind the scenes, negotiations have been largely cosmetic and unproductive, according to officials in Washington and California with direct knowledge of the talks.
Unlike the Obama-era negotiations that led to the creation of national fuel efficiency and emissions standards, the current talks have lacked detailed technical analysis and regular input from the agencies’ career staff, according to the officials, who declined to be named, citing the sensitivity of the discussions.
Instead, administration officials have repeated the same set of talking points or steered the conversation to small talk, they said.
Several officials briefed on the discussions said they were reluctant even to describe them as negotiations, given the lack of substance.
And partly because of the 35-day partial government shutdown, the last discussion between the Environmental Protection Agency, Department of Transportation and California Air Resources Board took place nearly two months ago on Dec. 4, according to EPA spokeswoman Molly Block.
“I’ve seen a lot of going through the motions,” said Jody Freeman, a Harvard environmental law professor who is not involved in the current talks but worked on the first set of national vehicle emissions standards under President Obama. During those negotiations, Freeman said she required agency staff with technical expertise to be deeply involved.
“I haven’t seen, through this entire process, the signs of a real push by the auto industry or the administration to get to agreement [with California],” she said.
California and senior administration officials began far apart and there they remain.
Last year the EPA announced plans to relax fuel economy and tailpipe emission rules put in place during the Obama administration that were designed to cut down on planet-warming greenhouse gases. California vowed to plow ahead, holding tight to its legal authority to maintain stricter standards.
Despite their differences, the two sides began talking quietly last year in an attempt to avoid a court battle that could leave automakers subject to conflicting regulations and divide the market between states that follow California’s requirements for cleaner cars and states using the Trump administration’s scaled-back standard.
Thirteen states and the District of Columbia have adopted California’s rules, accounting for nearly 40% of all new vehicles sold in the U.S., according to the Union of Concerned Scientists, a nonprofit group.
During his confirmation hearing earlier this month, Acting EPA Administrator Andrew Wheeler said that he was working to reach a compromise with California. He said he had met three times with the chair of the California Air Resources Board, Mary Nichols.
“We've had numerous conversations. My staff has worked with her staff for months now,” he told the Senate Environment and Public Works Committee. “We would love to have a 50-state solution.”
However in a statement to The Times, Nichols sounded a note of deep frustration with Wheeler.
She said that in abandoning the emissions standards adopted by the previous administration and attacking California’s authority to enforce its own rules, the acting administrator had “failed to use his authority to protect the health and welfare of all Americans.”
“This is a blow not just to California but to all the states who follow our regulatory approach,” Nichols said. “States are prepared to defend our rights against federal overrides by all legal means.”
Carbon dioxide emissions from vehicles already rank among the major contributors to climate change and they are expected to account for an even greater portion in the future. For this reason, the national fuel efficiency standards aimed at getting the nation’s cars and trucks to average more than 50 miles per gallon by 2025 are often considered one of the country’s most effective steps to fight global warming.
In August, the Trump administration unveiled a proposal to freeze mileage targets after 2020. In addition to ending California’s unique authority to set its own, tougher greenhouse gas emissions standards, the plan would nullify the state mandate that automakers sell a certain number of electric vehicles.
Automakers, who had complained that the Obama-era regulations were too costly, asked the Trump administration to relax them. But even they were caught off guard by the aggressiveness of the proposal, and some have since advocated for a more moderate approach in hopes of avoiding a lengthy legal battle.
Still, it remains unclear how forcefully automakers have pushed back against the administration’s plans.
California officials have proposed that if the current fuel efficiency rules remain in place through 2025, they would be willing to make it easier for automakers to meet those requirements by taking advantage of existing loopholes. In exchange, the Trump administration would have to agree not to challenge the state’s power to set its own pollution standards.
According to people with knowledge of the talks, agency officials have not responded to this proposal.
During Wheeler’s nomination hearing, Sen. Thomas R. Carper (D-Del.), the top Democrat on the committee, said he had “heard that the Trump administration now plans to finalize a 0.5% annual increase in the stringency of the standards, a rate that is 10 times weaker than the current rules.”
EPA officials have said they are still working on a final draft of the rules.
California has already sued the Trump administration to block the EPA’s efforts to weaken the existing standards. And if talks fail, more litigation inevitably will follow, reviving old arguments about whether California has the legal authority under the Clean Air Act to set its own standards.
Meanwhile, regulators in China and Europe are going forward with tougher standards of their own to curb auto emissions.
“I think the worst case scenario is lost years of progress, which may be critical for climate change,” said Paul Cort, an attorney for the environmental advocacy group Earthjustice. “I don’t think you can stop the progress that’s happening. It’s just it could be slowed here in the U.S.”
https://www.sandiegouniontribune.com/news/us-politics/la-na-pol-california-trump-car-emissions-20190131-story.html
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UN Laments Widespread Failures to Protect Environment
Jan 31, 2019 | BNA Daily Environment Report
By Wachira Kigotho
Failure to implement and enforce environmental laws is one of the greatest impediments to mitigating climate change, reducing pollution, and preventing loss of habitat and species, the United Nations Environment Program said.
It can also interfere with economic growth as natural resources are exploited in an unsustainable manner, driven in part by organized crime engaged in illegal trade practices.
Since 1972, countries have enacted more than 1,100 environmental agreements and developed many other national and regional legal frameworks.
As of 2017, 176 countries out of the U.N.'s 193 member states had environmental laws and regulations while more than 50 had established 350 environmental courts and tribunals.
But in its first-ever global report on the environmental rule of law released earlier this month, the U.N. agency attributes governments’ weak enforcement of these legal frameworks to a lack of political will and a perception that environmental rules hinder economic development.
“It’s clear that without environmental rule of law, development cannot be sustainable,” said Joyce Msuya, acting executive director of U.N. Environment Program and assistant secretary-general.
Tipping Points
Although environmental laws have become commonplace, they too often exist mostly on paper in both developed and developing countries, the report said.
“Implementation and enforcement is irregular, incomplete, and ineffective,” said Carl Bruch, senior attorney and director of international programs at the Environmental Law Institute in Washington and lead author of the report.
Countries trying to strengthen the implementation of their environmental laws face an unprecedented backlash, the report said.
“Resistance to environmental laws has been most dramatic in the harassment, arbitrary arrests and detentions, threats, and killing of environmental defenders such as forest rangers, government inspectors, local activists and professionals working to enforce environmental norms,” it said.
The report also highlighted a rising number of attacks on environmental defenders among indigenous communities.
In 2016, more than 200 indigenous defenders of the environment were killed in 24 countries worldwide, Terry Tamminen, chief executive officer of the nonprofit Leonardo DiCaprio Foundation, said in the the report.
With inadequate enforcement of environmental laws, the U.N. agency recommends that governments empower organizations, including nongovernmental groups, with the capacity to inspect, prosecute, and adjudicate environmental violations.
“A failure to have robust environmental institutions can create a system of broader institutional weakness which can result in corruption,” the authors said.
Eyes on Costa Rica
Corruption and weak environmental institutions also create an uncertain investment climate and frequently lead to the decline of natural resources and the growth of organized crime, according to Bruch.
Organized crime rakes in $7 billion to $23 billion annually from the illegal sale of rare plants and wildlife on the black market, the U.N. agency estimated.
“Illegal trade in environmental contraband—including ozone depleting substances, illegal timber and minerals, wildlife, and fisheries—is estimated to be the fourth most lucrative international criminal enterprise, after drug trafficking, counterfeiting, and human trafficking,” the report said.
UNEP’s Msuya urged countries to emulate Costa Rica, which is heavily dependent on natural resources.
Costa Rica has doubled its forest cover to more than 50 percent of its land space and is on track to be climate-neutral by 2021, among other markers of progress.
“The country has increased life expectancy to more than 79 years and built per capita income to almost $9,000 while setting and meeting ambitious environmental goals,” Msuya said.
https://news.bloombergenvironment.com/environment-and-energy/un-laments-widespread-failures-to-protect-environment
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