ACC PM 28/02/19

Industry and Association News

1. (ACC Mentioned) ACC Wants Chemicals Buying Part of China Trade Deal

   Feb 28, 2019 | Plastics News

   By Steve Toloken
   
   
   As negotiators shuttle between China and the United States trying to strike a trade deal, the American Chemistry Council is urging that chemicals and plastics get specific consideration in any potential agreement.
2. Exclusive: UK Chemicals Industry Says Brexit Could Cost Sector £500 Million

   Feb 28, 2019 | Reuters (In The New York Times)

   By Noah Browning
   
   
   UK chemicals companies face being shut out of a common EU products registry after Brexit and would need to pay around half a billion pounds to set up a British counterpart, the head of the Chemicals Industry Association told Reuters.

TSCA News

3. US EPA Round-Up

   Feb 28, 2019 | Chemical Watch

   The US EPA has issued TSCA 5(a)(3)(c) findings for two substances subject to pre-manufacture notices (PMNs).

Chemical Management News

4. (ACC Mentioned) Industry Calls for Clarity on China's Draft Chemical Regulation

   Feb 28, 2019 | Chemical Watch

   By Sunny Lee
   
   
   Industry has given a mixed response to China’s new draft Regulation on the Evaluation and Control of Chemical Substances.
5. Toxic Paint Strippers: Ace Hardware (Finally) Acts; Trump EPA Stalls (Press Release)

   Feb 28, 2019 | Safer Chemicals, Healthy Families

   By Sujatha Bergen, Mike Schade and Daniel Rosenberg
   
   
   On Monday, Ace Hardware Corporation became the 13th U.S. retailer to publicly commit to stop selling and distributing paint removers that contain the toxic chemicals methylene chloride and N-methylpyrrolidone (NMP).
6. Glyphosate Contamination in Food Goes Far Beyond Oat Products

   Feb 28, 2019 | Environmental Working Group

   By Alexis Temkin and Olga Naldenko
   
   
   Seems like every time a government agency or public interest group tests food for Monsanto’s weedkiller glyphosate, which has been linked to cancer, they find it.
7. US EPA Budget Contains Wins for Animal Testing Alternatives

   Feb 28, 2019 | Chemical Watch

   By Lisa Martine Jenkins
   
   
   Congress has directed the US EPA to use and promote alternatives to "unnecessary" animal testing, a move welcomed by advocacy groups who have long pressed for avoiding the use of animals in determining chemical toxicity.
8. California Considers Two Prop 65 Safe Use Determinations

   Feb 28, 2019 | Chemical Watch

   California’s Office of Environmental Health Hazard Assessment is taking up two requests to issue Safe Use Determinations (SUDs) under Proposition 65.
9. Outdoor Apparel Brand Gore Delays PFCs Phase-Out Goal

   Feb 28, 2019 | Chemical Watch

   By Leigh Stringer
   
   
   US outdoor clothing brand, WL Gore & Associates, says it will not meet its 2020 commitment to phase out the use of per- and polyfluorinated chemicals (PFCs) "of environmental concern" from 85% of its products.
10. EU Grants Authorisations on Use of 1,2-Dichloroethane

    Feb 28, 2019 | Chemical Watch

    The European Commission has granted three companies authorisations for four uses of 1,2-dichloroethane.
11. EU Flame Retardants Threshold Still Too High, Say NGOs

    Feb 28, 2019 | Chemical Watch

    A new concentration limit on toxic flame retardants such as decaBDE is a "permission slip" to contaminate children's toys, according to some NGO.
12. Echa Committees Alert to Inadequate Dose Selection in Animal Tests

    Feb 28, 2019 | Chemical Watch

    By Emma Davies
    
    
    Doses of chemicals administered during animal tests are sometimes too low to give clear toxicity results, according to a report from a joint workshop hosted by Echa's Member State and Risk Assessment Committees (MSC and Rac).
13. Information Missing from Three-Quarters of REACH Dossiers

    Feb 28, 2019 | Chemical Watch

    By Luke Buxton
    
    
    Echa found important information missing from almost 75% of REACH registration dossiers it checked for compliance during 2018.

Energy News

14. Tellurian Says it is Well-Positioned to Meet Current Timeline for Driftwood LNG Project

    Feb 28, 2019 | Platts

    By Harry Weber
    
    
    Tellurian maintained Wednesday its expectation it will reach a final investment decision and begin construction on its Driftwood LNG export terminal by the end of June, as it released its latest financial results.
15. U.S. Energy Chief Warns Anti-OPEC Bill Could Drive Up Oil Prices

    Feb 28, 2019 | BNA Daily Environment Report

    By Ari Natter and Catherine Traywick
    
    
    Energy Secretary Rick Perry warned that U.S. legislation to rein in OPEC’s power over oil markets could have the unintended effect of raising energy prices.
16. No Signs Global Fossil Fuel Demand Will Wane, IEA Chief Says

    Feb 28, 2019 | BNA Daily Environment Report

    By Bobby Magill
    
    
    The coming end of the fossil fuel age globally is very much exaggerated, International Energy Agency chief Fatih Birol told a Senate panel Feb. 28.
17. IEA Chief: ‘Full Impact’ of U.S. Shale on World Energy Still to Come

    Feb 28, 2019 | PoliticoPro - Whiteboard

    By Darius Dixon
    
    
    The surge in U.S. oil and natural gas development from shale formations is only now beginning to be felt in the global market, Fatih Birol, the executive director of the International Energy Agency, said today.
18. Perry Announces $24M for CCS, Talks Emissions

    Feb 28, 2019 | E&E Greenwire

    By Kelsey Brugger
    
    
    Energy Secretary Rick Perry this morning announced $24 million in research grants for carbon capture technologies, which he said would allow the country to continue to produce coal and natural gas "with near-zero emissions."
19. Perry: New York Energy Moves 'Jeopardizing Lives'

    Feb 28, 2019 | PoliticoPro - Whiteboard

    By Kelsey Tamborrino
    
    
    Energy Secretary Rick Perry blasted one of his favorite foes this morning: The state of New York.
20. Federal Court Rebukes DOE Efforts to Freeze Regs

    Feb 28, 2019 | E&E Greenwire

    By Ellen M. Gilmer
    
    
    A federal court in New York has overturned the Department of Energy's effort to sideline an energy efficiency rule focused on air conditioners.
21. Renewables, EVs Pushed in State-Level 'Green New Deal'

    Feb 28, 2019 | E&E Greenwire

    By Jeffrey Tomich
    
    
    Two years after Illinois passed legislation to expand renewables and subsidize nuclear plants, many of the same key players are proposing a bolder and more ambitious bill to slash carbon emissions and spur jobs and economic growth equitably across the state.

Chemical Security News

22. House and Senate Homeland Security Panels to Move Forward on CFATS Reauthorization

    Feb 28, 2019 | Inside Cybersecurity

    By Maggie Miller
    
    
    Bipartisan leaders of both the House Homeland Security and the Senate Homeland Security and Governmental Affairs committees plan to push forward a bill to reauthorize DHS’ Chemical Facility Anti-Terrorism Standards, but with some disagreements over how many cyber changes should be made to the existing standards.
23. Cybersecurity a Focus for McCurdy as Natural Gas Group’s CEO

    Feb 28, 2019 | BNA Daily Environment Report

    By Rebecca Kern
    
    
    Dave McCurdy first dealt with cybersecurity as head of the House Intelligence Committee, then continued working on it as the leader of trade groups for electronics, cars, and natural gas.
24. Spill at Ala. Water Treatment Plant Sends Dozens to Hospitals

    Feb 28, 2019 | AP (In E&E Greenwire)

    More than 50 people were sent to hospitals around Birmingham, Ala., following a chemical spill at a water treatment plant.

Transportation and Infrastructure News

25. Manufacturers Press Hill for $1T Investment

    Feb 28, 2019 | E&E Greenwire

    By Maxine Joselow
    
    
    The National Association of Manufacturers today called on Congress to deliver the $1 trillion infrastructure plan sought by President Trump since last year.

Environment News

26. Senate Confirms Wheeler to Lead EPA

    Feb 28, 2019 | The Hill - E2 Wire

    By Miranda Green
    
    
    The Senate on Thursday voted to confirm Andrew Wheeler as administrator of the Environmental Protection Agency (EPA) in a 52-47 mostly party-line vote.
27. Senate Set to Confirm Ex-Coal Lobbyist to Lead Top U.S. Environment Regulator

    Feb 28, 2019 | Reuters (In The New York Times)

    By Humeyra Pamuk
    
    
    The U.S. Senate is poised on Thursday to confirm President Donald Trump's candidate, a former coal lobbyist, to lead the nation's top environmental regulator, a nomination that has infuriated conservation groups and Democrats.
28. Dems Wrestle Over How to Vote on ‘Green New Deal’

    Feb 28, 2019 | The Hill - E2 Wire

    By Alexander Bolton
    
    
    Senate Democratic leaders are grappling over how to vote on a controversial climate change proposal that is being championed by progressives and mocked by conservatives.
29. EPA Seeks Ecologists to Boost Roster of Clean Air Advisers

    Feb 28, 2019 | BNA Daily Environment Report

    By Amena H. Saiyid
    
    
    The EPA, under pressure from its science advisers, is seeking ecologists who have expertise in ozone and fine airborne particles as it aims to review federal air quality standards for the pollutants by the end of 2020.

Industry and Association News

1. (ACC Mentioned) ACC Wants Chemicals Buying Part of China Trade Deal

   Feb 28, 2019 | Plastics News

   By Steve Toloken

    As negotiators shuttle between China and the United States trying to strike a trade deal, the American Chemistry Council is urging that chemicals and plastics get specific consideration in any potential agreement.

   ACC CEO Cal Dooley suggested Feb. 27 that as Presidnet Donald Trump's administration presses China to buy more U.S. farm goods and aircraft, it should make sure that chemicals are on the list, since they've been among the hardest hit sectors in the tariff fight between Washington and Beijing.

   "If the president also seeks a commitment from China to purchase more U.S. goods, then chemicals, the heart of all U.S. manufacturing, offer the most promising and advantageous opportunity for U.S. export growth," Dooley said, in a statement.

   ACC argued that the chemical sector has suffered as the two countries have put tariffs on about $300 billion in total trade. As part of the broader fight, China has slapped tariffs on $11 billion in U.S. chemical and plastics exports, in retaliation for U.S. tariffs on $15 billion in Chinese chemicals and plastics exports, ACC said.

   Dooley said much of the $202 billion in shale gas related investment in new U.S. chemical and plastics production is targeted at export markets, suggesting it's a good choice for purchase commitments.

   "Chemicals have been one of the key sectors affected by the U.S.-China trade dispute since the beginning — and now, they could serve as one of the pillars underpinning a potential resolution," Dooley said. "To get there, we strongly urge the U.S. and China to agree to exclude all chemical products from their respective tariff lists."

   An ACC spokesman said there is no specific indication that chemicals and plastics would get purchase commitments in any deal. But the association pointed to recent Trump administration statements touting pledges from Beijing to buy more U.S. agricultural, energy and manufactured and industrial goods.

   Dooley made the comments in response to U.S. Trade Representative Robert Lighthizer's testimony to Congress earlier in the day on the ongoing trade talks.

   President Trump said on Feb. 24 he would hold off on a March 1 deadline to raise U.S. tariffs from 10 percent to 25 percent on $200 billion in Chinese exports, citing progress in the ongoing talks.

   In testimony before the House Ways and Means Committee Feb. 27, Lighthizer did not directly address ACC's suggestion. But he did say that larger structural changes were a key priority and that additional purchases of goods would not resolve U.S. concerns.

   "This administration is pressing for significant structural changes that would allow for a more level playing field — especially when it comes to issues of intellectual property rights and technology transfers," Lighthizer said. "The issues on the table are too serious to be resolved with promises of additional purchases. We need new rules."

   The head of the House Ways and Means Committee, Rep. Richard Neal, D-Mass., said he supported the Trump administration's tougher approach and also said commitments of additional purchases would not be enough.

   "As we near the finish line, we are hearing once again about very large purchase commitments for commodities like soybeans and natural gas, along with aircraft," Neal said. "This administration has chosen to take the path of a high-risk confrontation with China. It must hold out for a good deal — a structural deal."

   https://www.plasticsnews.com/article/20190228/NEWS/190224822/acc-wants-chemicals-buying-part-of-china-trade-deal#
   

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2. Exclusive: UK Chemicals Industry Says Brexit Could Cost Sector £500 Million

   Feb 28, 2019 | Reuters (In The New York Times)

   By Noah Browning

   UK chemicals companies face being shut out of a common EU products registry after Brexit and would need to pay around half a billion pounds to set up a British counterpart, the head of the Chemicals Industry Association told Reuters.

   The sector - which includes companies such as Ineos, Johnson Matthey, Croda and Synthomer - is bound to the European Union by an especially dense web of laws and safety standards as well as supply chains which loop back and forth repeatedly across the English channel.

   If the UK crashes out of the EU without a deal, it will immediately be excluded from a strict set of EU laws on safety and production of chemicals called REACH and locked out of a Helsinki-based data registry underpinning trade called ECHA.

   The government is planning to copy REACH guidelines and set up a domestic registry in case of a no-deal Brexit, but the industry and campaigners are wary of the plan.

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   "Companies have been generating and submitting data to Helsinki for a decade. We estimate submitting that again to a UK REACH would cost them a total of around half a billion pounds," Stephen Elliott, chief executive of the Chemicals Industries Association, told Reuters.

   "Our line since the day after the vote for Brexit has been that the industry is registering zero percent appetite given the interconnectedness with the EU," he added.

   ECHA plans to open a near three-week "Brexit window" ending on March 29 - when Britain is due to leave the EU - for UK chemicals firms to register subsidiaries in EU countries in order to gain access.

   For some companies, it may be cheaper than seeking to access data from ECHA on a case-by-case basis, in which looking up information on even a single chemical product can cost tens of thousands of pounds.

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   With 60 percent of UK chemicals exports going to the EU, and 75 percent of its imports coming from the bloc, it's common for a single chemical or product to be bought, developed and sold back and forth repeatedly between the UK and EU countries.

   Strategies employed by chemicals companies include stocking up before Brexit day, gaining EU access by setting up a presence in a member country or winding down UK sales.

   Prime Minister Theresa May hopes parliament will ratify a divorce deal with the EU which will give businesses an 18-month interim period to adjust to the rules of a new relationship.

   Deal or no deal, chemicals businesses face deep uncertainty.

   While May's government hopes to stay a party to REACH after an exit agreement, EU officials have said such a move may require staying in the bloc's common market or subjecting its activity to the European Court of Justice.

   But leaving both bodies has been a main plank of Brexit supporters, who say they curtail British sovereignty.

   Kate Young, a campaigner with industry watchdog group CHEM Trust, warned that parting with ECHA might see the sector increasingly deregulated and lead to a relaxation of safety and environmental standards.

   "The bureaucracy is stretched given all the preparation for Brexit and the government has a deregulation target of 9 billion pounds, which is a huge disincentive to strict standards," Young said.

   "We're concerned that as the EU makes progress and goes forward, the UK will just be falling back."

   https://www.nytimes.com/reuters/2019/02/28/business/28reuters-britain-eu-chemicals-exclusive.html
   

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TSCA News

3. US EPA Round-Up

   Feb 28, 2019 | Chemical Watch

   TSCA ‘not likely’ determinations

   The US EPA has issued TSCA 5(a)(3)(c) findings for two substances subject to pre-manufacture notices (PMNs). These "not likely to present an unreasonable risk" determinations will allow the substances to come to market without restriction.

   They cover:P-18-0238: a saccharide reaction product with acid anhydride, etherified, intended for use as a binder for wood panels; andP-19-0008: a polymer intended for use as a component of certain coating resin products and as an additive for corrosion protection.Access to TSCA CBI

   The agency has authorised one contractor – Abt Associated Inc of Rockville, Maryland – to access information submitted under TSCA, including some information that has been claimed as confidential business information (CBI).

   The company has been granted access to data submitted under all sections of TSCA to assist the Office of Pollution Prevention and Toxics (OPPT) in developing chemical profiles that focus on TSCA work plan chemicals, among others.

   https://chemicalwatch.com/74733/us-epa-round-up
   

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Chemical Management News

4. (ACC Mentioned) Industry Calls for Clarity on China's Draft Chemical Regulation

   Feb 28, 2019 | Chemical Watch

   By Sunny Lee

   Industry has given a mixed response to China’s new draft Regulation on the Evaluation and Control of Chemical Substances.

   There are fears that the draft will create a heavy burden for industry. One source told Chemical Watch the proposals are unreasonable because "the new regulation appears to apply to all chemical substances including, presumably, pharmaceuticals, pesticides and cosmetics."

   And a chemical consultancy in China said that, while companies in the country have largely welcomed the expanded regulation, they have strong concerns about elements of the draft law and hope the government will make revisions to address these.

   It said many companies are concerned about the proposals for annual reporting rules. These only offer exemptions for small volume substances imported or manufactured in volumes under 100kg a year. And, for the first time, downstream users would also be required to submit annual reports. The consultancy suggested the proposals should be changed to make annual reporting a requirement only for substances imported or manufactured in quantities exceeding one tonne per year.

   The consultancy, which did not wish to be named, said clarity was needed on the rules for simplified notifications under the new law.

   Under the existing regulation, MEP Order 7, companies can submit simplified notifications for low volume substances (under one tonne per year), for polymers and for substances used in R&D.

   But the draft law removes these provisions. Instead, companies will be required to resubmit the same information under a ‘record notification’, for substances in the same category.

   The consultancy would like to see the proposals changed so that companies do not have to file record notifications. It argues the ministry will already have the information it requires from the initial simplified notification.US industry support

   Support for the legislation and its potential has, however, come from industry in the US.

   Michael Walls, vice president of Regulatory and Technical Affairs at the American Chemistry Council (ACC), said: "The draft appears to create important opportunities to leverage data and information developed in foreign jurisdictions, while respecting the need to protect confidential information."

   The Regulation "might be further strengthened with a reference to reliance on the best available science, applying a weight of scientific evidence in decision-making," he added. "This would help ensure that the quality, relevance and reliability of scientific information will be considered by the authorities in reaching decisions."

   The draft law, which the Ministry of Ecology and Environment (MEE) released for public consultation in January, will overhaul the management of both new and existing chemical substances in China. Consultation on the draft closed on 20 February.

   New substances in China are currently regulated under MEP Order 7, but there are no regulations in place for the evaluation and control of existing substances.

   The proposed framework is similar to TSCA in the US and the Chemical Substances Control Law (CSCL) in Japan. It gives the MEE full authority to assess the environmental risks of existing substances and restrict or ban them. Like North American regulatory systems, the framework will be fundamentally based on the assessment of risk and not just hazard.

   If implemented, the draft rules will affect all companies producing, importing or using chemical substances in China.

   The MEE did not respond to requests for comment.

   https://chemicalwatch.com/74740/industry-calls-for-clarity-on-chinas-draft-chemical-regulation?q=%22american+chemistry+council%22
   

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5. Toxic Paint Strippers: Ace Hardware (Finally) Acts; Trump EPA Stalls (Press Release)

   Feb 28, 2019 | Safer Chemicals, Healthy Families

   By Sujatha Bergen, Mike Schade and Daniel Rosenberg

   On Monday, Ace Hardware Corporation became the 13th U.S. retailer to publicly commit to stop selling and distributing paint removers that contain the toxic chemicals methylene chloride and N-methylpyrrolidone (NMP).

   This latest commitment comes after a sustained campaign by the Natural Resources Defense Council (NRDC) and Safer Chemicals, Healthy Families’ Mind the Store campaign to call on Ace Hardware to act to protect its customers from these dangerous products. After several letters from advocates to the company’s leadership, an online petition signed by more than 90,000 consumers, a failing grade in Safer Chemicals, Healthy Families’ annual retailer report card and letters to almost all 4,000 co-op owners, the company committed on television on Monday that it will phase out these products by July 1, 2019. Note — Ace Hardware stores are independently operated and local stores may still buy toxic paint strippers from other distributors besides Ace at the national level.

   While this commitment is a step forward, it leaves consumers at risk of buying products linked to dozens of deaths for too long. Instead of allowing these products to be sold for several more months, and not guaranteeing that the independent Ace stores cease their sales of toxic paint strippers, we urge the company to request its co-op owners issue an immediate ‘stop sale,’ and ensure that they are pulled from the shelves immediately. Recognizing the public health risks of continued sales of these products, both Lowe’s and The Home Depot have implemented this ‘stop sale’ policy, and Ace should follow suit.

   In May 2018, Lowe’s was the first major U.S. retailer to commit to phasing out these products, saying it would do so by the end of the year. That has led to a major domino effect in the retail sector. Home Depot, AutoZone, Sherwin-Williams, Kelly-Moore, and Canadian Tire quickly followed with the same commitment. More recently, Walmart announced it would phase out these products in its U.S., Canada, Central America, and Mexico stores by the end of February 2019 and Amazon committed to stopping sales this spring. Just last week, Menards committed to action on toxic paint strippers. And now Ace is committed to doing the same, albeit on a delayed timeline.

   Methylene chloride, a primary ingredient in many paint strippers and coatings, is a serious public health threat for both consumers and workers. Easily inhaled, the chemical turns into carbon monoxide in the body and can threaten users with quick suffocation and heart attacks. It also likely causes cancer.

   To date, the chemical is responsible for more than 60 deaths in the United States, many of them contractors and DIYers. In 2017, for instance, 31-year-old Drew Wynnepurchased a methylene chloride paint stripper to remove paint from the floor of the walk-in refrigerator at his South Carolina start-up coffee company. The day after he used the product, his business partner found him dead on the floor. Wynne’s death certificate said he was overcome by the chemicals in the paint stripper, primarily methylene chloride.

   NMP, which has been used as a substitute for methylene chloride, poses its own risks: Studies have shown that it can impact fetal development and cause miscarriage and stillbirth. According to the U.S. Environmental Protection Agency (EPA), more than 60,000 U.S. workers and 2 million consumers are exposed to methylene chloride and NMP annually. The agency proposed in 2017 to ban both chemicals from paint strippers, but despite recognizing the dangers, President Trump’s EPA has failed to adopt these strong Obama-era rules which necessitated the consumer campaign to compel definitive action by the retail sector to protect its customers.

   As major retailers continue to remove paint strippers containing methylene chloride and NMP from their shelves, the Trump EPA appears determined to put more people at risk of disease and death from exposure for as long as possible. EPA’s Toxics Office — which has yet to make a policy decision out of step with the chemical industry’s desires — appears to have a two-part strategy:

   First, delay acting on the 2-year old proposed ban for as long as possible. The Agency has refused to finalize a ban on MC (or NMP) in paint strippers, despite concluding that it poses an unreasonable risk to consumers, workers, and others.  In response to this delay strategy, NRDC and Safer Chemicals, Healthy Families along with several partners, including the Vermont Public Interest Research Group, Labor Council for Latin American Advancement, Earthjustice, and mothers of two young men who died using the products since EPA proposed the ban, recently filed lawsuits against the EPA for its failure to protect the public from these dangerous products.

   Second, to relieve growing public, political and legal pressure, and to give the appearance of caring about protecting the public, it appears the Agency is preparing to finalize a plan to ban consumer uses and sales of methylene chloride-based paint strippers but continue to allow commercial sales to contractors and other professionals.  This approach – currently under review by the White House – is essentially a PR stunt – pretending to protect the public, but actually creating a legal loophole that will guarantee workers, consumers and others continue to be harmed as a result of exposure to these products. The EPA plan, to the extent information is available, would substitute a worker certification and training program, in lieu of a ban on commercial sales.  There are multiple problems with this approach, including:There is no meaningful way to ensure that consumers and DIY-ers will not be able to purchase and use MC-based paint strippers, a problem EPA already concluded when it considered a ban solely on consumer uses;A worker certification and training program is a major undertaking (one that EPA has not even formally proposed; the White House is apparently only reviewing a notice from EPA about a possible future proposed rule), which will take years to establish, and which will be difficult to administer and enforce – meanwhile, workers will remain unprotected;Even with a work certification and training program, exposure and deaths will undoubtedly still occur – as EPA concluded previously when considering this option, and which is supported by the history of OSHA’s efforts to address the risks posed by MC to workers;Commercial uses – even by workers wearing proper protective equipment such as respirators and gloves – will still pose a risk to bystanders, including co-workers, and people near where the chemical is being used, such as those living in apartment buildings next to or above where it is being used;EPA appears to have no plans to finalize the associated proposed ban on NMP, despite EPA already having found that safer and effective alternatives exist.

   EPA is well aware of these fatal flaws of its fig-leaf proposal, but the decision-makers at the Agency don’t seem to care.  It is a certainty that more people will die while methylene chloride remains on the market in paint strippers, but to the Trump EPA and the chemical industry, that’s a price of maintaining business as usual that they’re willing to pay.

   The public should not have to pay the price with lost lives simply because EPA remains in the pocket of Dow, DuPont, Monsanto and other giant chemical corporations. Until the grip the chemical manufacturers currently hold on EPA is broken, Ace Hardware and other retailers must act quickly to stop sales and keep these dangerous toxic paint strippers from harming the public.

   https://saferchemicals.org/2019/02/28/toxic-paint-strippers-ace-hardware-finally-acts-trump-epa-stalls/
   

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6. Glyphosate Contamination in Food Goes Far Beyond Oat Products

   Feb 28, 2019 | Environmental Working Group

   By Alexis Temkin and Olga Naldenko

   Seems like every time a government agency or public interest group tests food for Monsanto’s weedkiller glyphosate, which has been linked to cancer, they find it.

   Last year, two rounds of tests commissioned by EWG found glyphosate – the active ingredient in Roundup and the most widely used herbicide in the world – in more than 95 percent of popular oat-based food samples. Today we are releasing the results of tests of 12 wheat-based products, including five samples of dried pasta and seven samples of cereal.

   Glyphosate was detected in all of the wheat-based foods. Pasta samples contained glyphosate at levels ranging from 60 to 150 parts per billion. Cereal samples had lower levels, with most just above the limit of detection, possibly due to the variety of wheat used or cross contamination.EWG Tests of Pasta and Wheat-Based Cereal for Glyphosate

    

   Product

   Name

   Glyphosate (parts per billion)*

   Dry pasta

   Mueller’s Penne

   60

   Dry pasta

   Mueller’s 100% Whole Grain Penne

   150

   Dry pasta

   Harris Teeter 100% Durum Semolina Penne Rigate

   60

   Dry pasta

   Signature Select Thin Spaghetti

   120

   Dry pasta

   Barilla Whole Grain Rotini

   130

   Wheat-based cereal

   Kellogg’s All Bran Buds

   20, 30, 20

   Wheat-based cereal

   General Mill’s Wheat Chex

   10, 20, 20

   Wheat-based cereal

   Kellogg’s Frosted Flakes

   ND

   * Single samples of pasta products were tested, and three samples of the same cereal brand were tested for glyphosate. ND = none detected. EWG test methodology can be found in previous reports on glyphosate in oat-based products.

   Source: EWG, from independent laboratory tests.

   Methodology can be found in previous EWG reports on glyphosate in oat-based products.

   Backing up our findings, recent tests by the Canadian Food Inspection Agency found glyphosate contamination in 80 to 90 percent of popular wheat-based products such as pizza, crackers and pasta.Glyphosate Detection in Wheat, Grain and Bean Samples by the Canadian Food Inspection Agency.

    

   Product

   Percent of Samples with Glyphosate

   Pizza

   90

   Wheat flour

   88

   Crackers

   84

   Fresh pasta

   84

   Cooked pasta

   83

   Dried pasta

   80

   Oats

   75

   Chickpea flour

   70

   Lentils

   67

   Source: EWG, translated and adapted from reports by the Canadian Broadcasting Corporation.

   Last fall, the Food and Drug Administration released long-awaited test data of glyphosate in foods, which found the weedkiller in 63 percent of corn samples and 67 percent of soybean samples. Yet the agency failed to include other foods in which glyphosate is likely to be found, including those made with oats and wheat.

   Most glyphosate is sprayed on “Roundup ready” corn and soybeans genetically engineered to withstand the herbicide. Increasingly, glyphosate is also sprayed just before harvest on wheat, barley, oats and beans that are not genetically engineered. Glyphosate kills the crop, drying it out so it can be harvested sooner than if the plant were allowed to die naturally.

   According to the National Agricultural Statistics Service, in 2017 approximately 12.4 million pounds of glyphosate were applied to various varieties of wheat grown in the U.S. Of those varieties, more than 58 percent of the acreage of durum wheat, commonly used to make pasta, was sprayed with glyphosate.

   While U.S. government agencies continue to fall short of their responsibilities, EWG and other public interest organizations have continued our efforts to bring Americans the truth about glyphosate in our food.

   Earlier this month, Friends of the Earth tested 30 samples of oat products and 27 samples of dry pinto beans, and found glyphosate in every sample tested. And on Monday, U.S. PIRG released results of tests on 15 beers and five wines. In all but one of the samples, glyphosate was found at levels five to 100 times lower than what is found in oats.

   Earlier tests by the Canadian Food Inspection Agency from 2015–2016 found glyphosate in other grain and bean products, including buckwheat and barley, kidney and pinto beans, and chickpea products. The Canadian public interest groups Environmental Defence and Équiterre followed up on these results, with tests that found glyphosate in hummus and several wheat-based products, like crackers and tortillas.

   Understanding the scope of glyphosate contamination in our food supply is critical to protecting public health, as more scientific evidence continues to link glyphosate with cancer, specifically non-Hodgkin lymphoma. In the latest research on glyphosate and cancer risk, researchers analyzed several studies on exposure to glyphosate-based herbicides and cancer in agricultural workers and identified a 41 percent increase in cancer risk for the highest exposed group.

   Glyphosate should not be found in food, especially those frequently consumed by children. Help EWG get glyphosate out of our food. Sign our petition and urge food companies like General Mills, Quaker and Kellogg’s to stop using crops sprayed with glyphosate.  

   https://www.ewg.org/news-and-analysis/2019/02/glyphosate-contamination-food-goes-far-beyond-oat-products
   

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7. US EPA Budget Contains Wins for Animal Testing Alternatives

   Feb 28, 2019 | Chemical Watch

   By Lisa Martine Jenkins

   Congress has directed the US EPA to use and promote alternatives to "unnecessary" animal testing, a move welcomed by advocacy groups who have long pressed for avoiding the use of animals in determining chemical toxicity.

   The recently approved 2019 federal budget and an accompanying report from a House of Representatives appropriations subcommittee contain a handful of wins for those who oppose animal testing.

   These include a bipartisan amendment to the federal spending bill, urging the EPA to reduce taxpayer funded animal testing by "promoting the adoption of cutting-edge methodologies that allow chemical screening more efficiently and cost-effectively".

   The amendment was co-sponsored by Representatives David Joyce (R-Ohio) and Debbie Wasserman-Schultz (D-Florida).

   EPA’s efforts to advance New Approach Methodologies (NAMs) for testing and risk assessments under the amended TSCA were also specifically highlighted. Lawmakers encouraged the agency to develop human biology-based approaches for chemical assessments, with an emphasis on the use of tiered testing approaches.

   Congress also recommended that the agency report on its  "progress to date to research, develop, validate and translate effective nonanimal chemical testing methods that characterise toxicity pathways", as well as how those methods can be coordinated across federal agencies.

   Additionally, nonanimal toxicity testing is included as a potential research topic for the agency to pursue via partnerships with institutes, foundations and universities in 2019 and 2020.

   The White Coat Waste Project, an animal rights advocacy group, celebrated the move as "progress", noting that the organisation submitted letters to Congress from more than 55,000 supporters.EPA research funding

   Meanwhile, the EPA’s $8.8bn budget largely maintains research funding at 2018 levels.

   The Science and Technology budget of $643,763,000 – which includes research and toxicity testing – rejects the president’s proposed cut of nearly $200m, although it sits nearly $63m below the FY 2018 enacted level.

   The budget’s for research into chemical safety and sustainability programme, which includes the computational toxicology and endocrine disruptor programmes, however, remains in line with 2018 enacted levels at $113,935,000.Congress has directed the US EPA to use and promote alternatives to "unnecessary" animal testing, a move welcomed by advocacy groups who have long pressed for avoiding the use of animals in determining chemical toxicity.

   The recently approved 2019 federal budget and an accompanying report from a House of Representatives appropriations subcommittee contain a handful of wins for those who oppose animal testing.

   These include a bipartisan amendment to the federal spending bill, urging the EPA to reduce taxpayer funded animal testing by "promoting the adoption of cutting-edge methodologies that allow chemical screening more efficiently and cost-effectively".

   The amendment was co-sponsored by Representatives David Joyce (R-Ohio) and Debbie Wasserman-Schultz (D-Florida).

   EPA’s efforts to advance New Approach Methodologies (NAMs) for testing and risk assessments under the amended TSCA were also specifically highlighted. Lawmakers encouraged the agency to develop human biology-based approaches for chemical assessments, with an emphasis on the use of tiered testing approaches.

   Congress also recommended that the agency report on its  "progress to date to research, develop, validate and translate effective nonanimal chemical testing methods that characterise toxicity pathways", as well as how those methods can be coordinated across federal agencies.

   Additionally, nonanimal toxicity testing is included as a potential research topic for the agency to pursue via partnerships with institutes, foundations and universities in 2019 and 2020.

   The White Coat Waste Project, an animal rights advocacy group, celebrated the move as "progress", noting that the organisation submitted letters to Congress from more than 55,000 supporters.EPA research funding

   Meanwhile, the EPA’s $8.8bn budget largely maintains research funding at 2018 levels.

   The Science and Technology budget of $643,763,000 – which includes research and toxicity testing – rejects the president’s proposed cut of nearly $200m, although it sits nearly $63m below the FY 2018 enacted level.

   The budget’s for research into chemical safety and sustainability programme, which includes the computational toxicology and endocrine disruptor programmes, however, remains in line with 2018 enacted levels at $113,935,000.

   https://chemicalwatch.com/74698/us-epa-budget-contains-wins-for-animal-testing-alternatives
   

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8. California Considers Two Prop 65 Safe Use Determinations

   Feb 28, 2019 | Chemical Watch

   California’s Office of Environmental Health Hazard Assessment is taking up two requests to issue Safe Use Determinations (SUDs) under Proposition 65.

   The determinations, which can be requested by regulated parties, represent formal opinions by the agency as to whether a Prop 65 warning is required for specific exposures.

   The first request relates to four WOODWISE wood filler products. The requester, Design Hardwood Products, has requested a determination that exposure to crystalline silica (airborne particles of respirable size) from these products do not present a significant risk of cancer under Prop 65, and therefore do not require a warning.

   A separate request came from a trade group, the Vision Council. It is seeking a SUD on exposure to bisphenol (A) from specified eyewear products manufactured or sold by its member companies.

   Comments on both SUDs will be accepted until 8 April.‘Clear and reasonable' warning in rental cars

   In a separate notice, Oehha has proposed to adopt a new section to its regulations for how ‘clear and reasonable’ Prop 65 warnings may be provided in rental cars.

   The amendments seek to address concern from the rental car industry that displaying a Prop 65 warning sticker on a window could result in a car being more readily identifiable as a rental, and thus make it more vulnerable to break-ins. The proposal therefore lays out several ‘safe harbour’ warning transmittal methods.

   The comment deadline on the proposal is 22 April.

   https://chemicalwatch.com/74726/california-considers-two-prop-65-safe-use-determinations
   

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9. Outdoor Apparel Brand Gore Delays PFCs Phase-Out Goal

   Feb 28, 2019 | Chemical Watch

   By Leigh Stringer

   US outdoor clothing brand, WL Gore & Associates, says it will not meet its 2020 commitment to phase out the use of per- and polyfluorinated chemicals (PFCs) "of environmental concern" from 85% of its products.

   PFCs are used in a wide range of applications for their water, oil and stain resistance. Because it is a major user of the substances, the outdoor apparel industry has been a particular focus of discussions surrounding concerns over them.

   The company – which makes Gore-Tex outdoor products – announced in 2017 that it would remove PFCs of environmental concern from 85% of its products, including jackets, gloves and accessories, by the end of 2020, and from remaining consumer fabrics by 2023.

   The company has been developing and moving to new synthetic fluoropolymer PTFE membranes, which can be manufactured without using PFCs of concern as polymerisation aids.

   However, according to its 2018 Responsibility Update report, Gore has had to push back its 2020 deadline due to "technical challenges" associated with implementing alternatives in some applications.

   "Due to the technical challenges we have not yet fully achieved the commercial capability and scale to meet our aggressive 2020 goal," said Jon Hammerschmidt, sustainability technical champion for Gore Fabrics.

   "Although we had technical breakthroughs in finding new and high performing materials free from PFCs of environmental concern, commercialising PTFE made without [these substances] will take longer than we originally expected," Jon Hammerschmidt, Gore

   "Although we had technical breakthroughs in finding new and high performing materials free from PFCs of environmental concern, commercialising PTFE made without [these substances] will take longer than we originally expected," Mr Hammerschmidt said.

   Developing durable water repellent treatments free from PFCs of environmental concern, for highly demanding end uses, remains a significant challenge.

   Despite the setback, Mr Hammerschmidt said the company is still confident that it will meet its end of 2023 full phase-out target.

   "With close external collaboration we have focused our work on the most promising routes and are still on track to achieve our goal," he added.Regrettable substitution

   In addition to PTFE, the company has been looking into other membrane materials that are not based on fluorinated substances. "Following the evaluation of a range of options, we now have a focused effort on the most promising development paths," said Mr Hammerschmidt.

   In recent years, the outdoor industry has largely converted from long-chain (C8) to short-chain PFCs in durable water repellent (DWR) treatments. Global action to address some long-chain PFCs, such as PFOA and PFOS, is ongoing because of their persistence in the environment.

   "The outdoor industry was singled out for their use of these [long-chain] chemicals and subsequently encouraged to make rapid changes away from the C8 PFOA and PFOS," Jane Turnbull, sustainability project manager for industry body the European Outdoor Group, told Chemical Watch.

   The change, she said, to C6 short-chain fluorine-based formulations was driven by this pressure and the need to continue to offer the high level of performance the industry is recognised for and that its  customers demand.

   "At the point that the changes were made, the evidence for lasting impact caused by C8 was still in its infancy, let alone a fuller understanding of what a switch to C6 would bring, beyond lower toxicity and bioaccumulation characteristics of short-chain chemistries," Jane Turnbull, European Outdoor Group

   But this was done "without publicly available data that, it should be argued, was needed to also understand shifting burdens into other stages of the product lifecycle," she said.

   "At the point that the changes were made, the evidence for lasting impact caused by C8 was still in its infancy, let alone a fuller understanding of what a switch to C6 would bring, beyond lower toxicity and bioaccumulation characteristics of short-chain chemistries," added Ms Turnbull.

   Earlier this month, the US EPA published its long-awaited federal plan to manage the risks posed by per- and polyfluoroalkyl chemicals (PFASs), the broader group of chemicals that includes PFCs.

   https://chemicalwatch.com/74716/outdoor-apparel-brand-gore-delays-pfcs-phase-out-goal
   

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10. EU Grants Authorisations on Use of 1,2-Dichloroethane

    Feb 28, 2019 | Chemical Watch

    The European Commission has granted three companies authorisations for four uses of 1,2-dichloroethane.

    The Commission’s move comes after last September’s REACH Committee meeting unanimously approved the conditional use of the substance by Akzo Nobel Chemicals, Microbeads AS and Orgapharm.

    The substance is listed as an SVHC under REACH Annex XIV. It is a carcinogen and had a sunset date of 22 November 2017.

    https://chemicalwatch.com/74728/eu-grants-authorisations-on-use-of-12-dichloroethane
    

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11. EU Flame Retardants Threshold Still Too High, Say NGOs

    Feb 28, 2019 | Chemical Watch

    A new concentration limit on toxic flame retardants such as decaBDE is a "permission slip" to contaminate children's toys,  according to some NGO.

    The new limit of 500 mg/kg for brominated flame retardants, known as BDEs, was agreed last week, when the EU Council of Ministers reached a provisional agreement with the European Parliament to update the Persistent Organic Pollutants (POPs) Regulation.

    The Health and Environment Alliance (HEAL), Arnika Association and the International POPs Elimination Network (Ipen) said that by endorsing this limit the European Parliament and Council "accept leav[ing] our children at risk of contamination from persistent organic pollutants".

    The new threshold is 'unintentional trace contaminant value' for the cumulative sum of all BDEs, including decaBDE, where they are present in mixtures and articles. This is half the level initially proposed in the parliament, but still significantly higher than the level NGOs campaigned for.

    The NGOs said a study they conducted last year found that 92% of laboratory tested consumer products, including plastic toys, purchased in 19 European countries are contaminated with BDEs. The flame retardants primarily come from recycled electronic waste.

    The chemicals are known to disrupt the thyroid function and cause neurological and attention deficits in children and are "nothing to play with", the NGOs said.

    And the new rules conflict with obligations under the Stockholm Convention, which prohibits the recycling of articles containing decaBDE, said Joe DiGangi, Ipen's senior science and technical advisor. "This sets the stage for a conflict at the upcoming Conference of the Parties."

    Contamination through the recycling of BDEs also unintentionally introduces dioxins, another group of highly hazardous substances, into recycled plastic products, the NGOs said.

    https://chemicalwatch.com/74672/eu-flame-retardants-threshold-still-too-high-say-ngos
    

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12. Echa Committees Alert to Inadequate Dose Selection in Animal Tests

    Feb 28, 2019 | Chemical Watch

    By Emma Davies

    Doses of chemicals administered during animal tests are sometimes too low to give clear toxicity results, according to a report from a joint workshop hosted by Echa's Member State and Risk Assessment Committees (MSC and Rac).

    Rac members have identified some animal toxicity studies conducted on biocides or pesticides where top doses do not give clear results. In some cases, this has resulted in an inconclusive outcome on classification and labelling under the CLP Regulation, according to the committee.

    Echa held the workshop in October 2018 to discuss:dose selection in systemic toxicology tests;germ cell mutagenicity – testing and strategic issues; andin vitro testing for skin sensitisation.

    A number of OECD test guidelines refer to a maximum tolerated dose (MTD), but the term is used inconsistently in animal tests, according to the workshop report.

    While some toxicologists consider the MTD to correspond to severe effects, others look for modest changes in body weight, it explains. Workshop attendees agreed that "further clarity" on the concept is urgently needed.

    It is too early to conclude from REACH dossier evaluation whether there is general trend for selecting low-dose levels for tests or "merely an increasing awareness of this as a problem", adds the report.

    However, it emphasises that harmonised classification and labelling (CLH) and REACH dossiers should justify why particular dose levels have been selected.

    Workshop attendees agreed that an optimal top dose should be at or around the level where clear signs of toxicity are observed, while avoiding unnecessary animal suffering.

    Tests also contain low and mid doses. Attendees agreed that the optimal mid dose should also provide some toxicological effects. It should ideally be just at or above the point where effects of concern become significant, the report says.

    Rac and the MSC have agreed on a "watching brief" to assess the "magnitude of inadequate dose level selection for regulatory purposes" and to review the rationale for selecting doses.

    "We are now more alert to the low-dose issue," said Watze de Wolf, MSC chair. "In dossier evaluation and substance evaluation, Echa and member states will pay more attention to it," he added. "We don't know yet if it's a general issue. If we see it in a specific case we will take action."

    If the committees come across many low-dose cases, more general action will need to be taken, he said.TGR tests

    Workshop attendees also discussed proposals to request in vivo tests on reproductive (germ) cells during REACH dossier evaluation, as part of the transgenic rodent assay (TGR).

    Echa currently requires registrants carrying out TGR tests to collect reproductive cells and store them in a freezer for five years. If the TGR shows that a chemical is a mutagen for somatic cells – all cells except reproductive ones – it recommends that the germ cells are then analysed.

    At its December 2018 meeting, the MSC agreed that it should be possible to request germ cell information as part of REACH dossier evaluation, without going through substance evaluation.

    The workshop participants suggested that germ cells should be analysed when positive results are obtained in somatic cells and/or there is no clear conclusion about germ cell genotoxicity based on existing information.

    While discussing non-animal methods for skin sensitisation, the workshop touched on the OECD's defined approaches (DA) for interpreting data.

    Further work is needed to address uncertainties associated with the DAs, states the workshop report. These include false negative and positive predictions, potency determination and applicability domain-related issues.

    In addition, workshop participants found that using them for classification and potency assessment might be difficult without further updated classification criteria for in vitro methods. Additional supporting data, such as relevant information on potency from similar substances, would also help, as would agreed CLP Guidance on assessing DAs.

    Industry stakeholders and representatives from a range of organisations including the European Commission, the European Food Safety Authority, the EU's Joint Research Centre and the OECD attended the workshop.

    https://chemicalwatch.com/74697/echa-committees-alert-to-inadequate-dose-selection-in-animal-tests
    

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13. Information Missing from Three-Quarters of REACH Dossiers

    Feb 28, 2019 | Chemical Watch

    By Luke Buxton

    Echa found important information missing from almost 75% of REACH registration dossiers it checked for compliance during 2018.

    Figures from a report on annual evaluation activity released on 28 February show the agency asked registrants for more details for 211 dossiers out of 286 evaluated.

    Every year, according to Article 54 of REACH, Echa publishes annual statistics about progress made in evaluation. Most registrants update their dossiers with compliant information once the agency makes a request.

    In total Echa assessed 484 registrations either under compliance check or under testing proposal examination. This corresponded to 420 substances.

    The agency issued 379 draft decisions: 211 on compliance checks and 168 on testing proposal examination. The selection of registrations for compliance check was mainly based on a potential hazard- or exposure-based concern.

    At the end of the year, there were still 45 dossiers undergoing compliance check and 65 dossiers undergoing testing proposal examination.Adopted decisions

    Echa adopted 274 final decisions in which 888 information requests were made. Out of these 274 decisions, 144 were compliance check decisions and 130 originating from testing proposal examinations.

    At the end of 2018, there were another 174 compliance check and 109 testing proposal examination draft decisions from the previous year in still being decided.

    The agency closed 52 compliance check cases and 44 testing proposal examination cases after a draft decision was been sent, as "scientifically-relevant data or important administrative changes" led to termination of the ongoing decision-making procedure.

    Two draft decisions were referred to the Commission for decision making, both related to the design of the extended one-generation reproductive toxicity study design.

    Bjorn Hansen, Echa executive director said that efforts are needed "from all actors" to ensure that the safety data companies provide complies with the law.

    "As an agency, we will further improve the efficiency of our work on compliance checks." He added that both Echa and member states "must do more to accelerate the evaluation process".

    Companies also need to treat their registrations "as business cards", he said, adding that compliant registration dossiers are their key "investment to a predictable and sustainable future".

    Reacting to the report, European Chemical Industry Council Cefic said the EU chemicals industry is committed to making REACH work. "We acknowledge that data gaps need to be tackled more swiftly and efficiently and Cefic is liaising with Echa and member companies to facilitate this work. Cefic is now assessing how we can further help our members with this process."Substance evaluation

    In 2018, Echa and member state authorities progressed with 114 substance evaluations.  Evaluation was completed for 22 substances resulting in 16 draft decisions and six conclusions.

    Another 11 draft decisions were sent as a result of follow-up evaluation and 15 substance evaluations, from previous evaluation years, were concluded.

    Of the 21 substance evaluation conclusions published in 2018, six concluded that the risks are sufficiently controlled with existing measures, and 15 concluded that further risk management measures are necessary.

    Tatiana Santos from NGO The European Environmental Bureau (EEB) said the report shows "there is a mountain to climb on chemical safety in Europe".

    Where officials have the information they need to declare a substance unsafe, "in most cases no action follows", she said. "We welcome that Echa has pinpointed the challenges. It should now act by revoking faulty dossiers and sending a signal that the days of lax regulation are over. Both governments and Echa need to raise their game to protect citizens and the environment."

    Earlier this month, the NGO released a report which reviewed data from community rolling action plan (Corap) on substance evaluation. It found three-quarters of substances found to pose a serious risk to human health or the environment under REACH are allowed on the European market without any regulatory action. 

    And in October last year a major exercise by German authorities reported that checks on more than 3,800 REACH discovered 32% for substances at tonnage levels of 1,000tpa and above were found to be non-compliant.

    https://chemicalwatch.com/74729/information-missing-from-three-quarters-of-reach-dossiers
    

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Energy News

14. Tellurian Says it is Well-Positioned to Meet Current Timeline for Driftwood LNG Project

    Feb 28, 2019 | Platts

    By Harry Weber

    Tellurian maintained Wednesday its expectation it will reach a final investment decision and begin construction on its Driftwood LNG export terminal by the end of June, as it released its latest financial results.

    The developer also provided current cost estimates for the proposed terminal, affiliated feedgas pipelines and upstream assets it intends to add to its portfolio to support the combined project. In a regulatory filing, Tellurian said geopolitical and market supply and demand issues could impact its forecasts and planning.

    The update and disclosures come at a time when the US is poised to become a much bigger player in the global supply of LNG, with the number of domestic liquefaction terminals in operation expected to double by the end of 2019. Price volatility, international trade tensions and the outcome of commercial efforts continue to create a level of uncertainty for the next wave of export projects, of which Driftwood is a part.

    "For example, new or increased tariffs on materials needed in the construction process have been proposed or may be proposed in the future and such new or increased tariffs could materially increase construction costs," Tellurian said in an annual filing with the Securities and Exchange Commission. "In particular, tariffs on imported steel may significantly increase our construction costs."

    Under Tellurian's business model, securing sufficient equity investment partnership agreements is critical to being able to fund construction of the Louisiana liquefaction terminal. Customers are being asked to pay an up-front fee for an equity interest in Driftwood Holdings, which will consist of entities including the terminal.

    That will give the customers the right to lift 1 million mt/year of LNG from Driftwood for the life of the terminal. No firm equity investment deals have been announced to date, though India's Petronet is exploring the possibility of making such an investment.

    Tellurian said in a statement it remains on track to make an FID and begin construction in the first half of this year. Tellurian will retain as much as 11.6 million mt/year of capacity from Driftwood to market on its own. In December, Tellurian said it had reached a preliminary 15-year supply deal with commodity trader Vitol for 1.5 million mt/year of LNG from the facility. Startup is targeted for 2023.

    Besides the terminal, Tellurian has purchased shale acreage to produce some of its own feedgas supplies and it has proposed building three pipelines to move gas to Driftwood as well as to other customers.RELATED SPECIAL REPORTSupercooled: The evolving LNG fleet driving the global gas boom

    The global LNG fleet grew at its fastest rate ever in 2018, with newer and better technologies. But was this enough to absorb the vast amount of new LNG supply coming 2019, mainly from the US, and still keep freight rates at affordable levels?DOWNLOAD 

    In the regulatory filing, Tellurian said it currently estimates the total cost of the Driftwood project to be approximately $28 billion, including owners' costs, transaction costs and contingencies. A spokeswoman said the total also includes the cost of the three pipelines and the cost of acquiring upstream assets. The filing said the total excludes interest costs incurred during construction of the Driftwood terminal and other financing costs.

    The developer has a $15.2 billion lump-sum turkey contract with Bechtel that covers the engineering, procurement and construction costs for the liquefaction terminal, which will include up to 20 trains each expected to produce up to 1.38 million mt/year of LNG.

    https://www.spglobal.com/platts/en/market-insights/latest-news/natural-gas/022819-tellurian-says-it-is-well-positioned-to-meet-current-timeline-for-driftwood-lng-project
    

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15. U.S. Energy Chief Warns Anti-OPEC Bill Could Drive Up Oil Prices

    Feb 28, 2019 | BNA Daily Environment Report

    By Ari Natter and Catherine Traywick

    Energy Secretary Rick Perry warned that U.S. legislation to rein in OPEC’s power over oil markets could have the unintended effect of raising energy prices.

    “I think we need to be really careful before we pass legislation that may have an impact that goes way past its intended consequences,” Perry said in a press conference in Washington on Feb. 28.

    The No Oil Producing and Exporting Cartels Act—approved by the House Judiciary Committee earlier this month—would authorize the Justice Department to pursue antitrust action against the cartel for manipulating oil prices.

    While the producer group hasn’t set prices since the 1980s, its members periodically agree to boost or cut production to keep the oil market in balance.

    Yet, President Donald Trump has accused the group of artificially boosting prices and proponents say OPEC’s efforts to manage the oil market pushes up the cost of American gasoline.

    Perry countered those attacks, suggesting that oil market management is necessary to keep prices stable.

    Without coordination, “you could have a massive amount of energy supply come into the marketplace and impact producers to the point of losing those individuals over time,” he said.

    When OPEC producers pumped without constraints in 2014, global oil prices tanked, pushing many U.S. shale producers to take drastic measures to survive a low oil price environment.

    Now, the cartel and its allies, including Russia, are cutting output to help offset the growth of American production, which is at record-high levels.

     https://bnanews.bna.com/environment-and-energy/u-s-energy-chief-warns-anti-opec-bill-could-drive-up-oil-prices

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16. No Signs Global Fossil Fuel Demand Will Wane, IEA Chief Says

    Feb 28, 2019 | BNA Daily Environment Report

    By Bobby Magill

    The coming end of the fossil fuel age globally is very much exaggerated, International Energy Agency chief Fatih Birol told a Senate panel Feb. 28.

    Globally, the oil market is growing “strongly,” and any notion that oil, in addition to coal and natural gas, will wane in global economic importance anytime soon is mistaken, despite growing interest in electric vehicles, Birol said, speaking before the Senate Energy and Natural Resources Committee.

    “Global oil demand growth is not driven by the cars. It is driven by trucks, aviation, and the petrochemical industry,” Birol said.

    The U.S. will supply 70 percent of the growth in global oil production through 2025, Birol said.

    The IEA’s projections for the long-term growth in fossil fuels come as scientists and many Democrats call for cutting carbon emissions to address global warming.

    A United Nations report published in October said global carbon emissions must peak and fall dramatically by 2030 to avoid the worst consequences of climate change. 
    ‘Dynamism’ in Oil Demand

    But Birol suggested the globe is not on that path.

    The IEA has raised its expectation for global oil demand by 2 million barrels per day because of the “strong dynamism” of oil demand in petrochemicals and aviation, Birol said.

    “The efficiency measures currently implemented only slow down the growth of oil demand, which we expect to reach 106 million barrels/day by 2040,” Birol said in written testimony.

    Aging oil fields will produce less and less oil each year in that time, he said.

    Oil demand reached 99.79 million barrels per day in 2018, according to IEA data. 
    Coal, Carbon Capture

    Coal will be a major player in global electricity generation for decades to come even as demand for coal plateaus and solar and wind power represent about 50 percent of the growth in electricity generation worldwide over the next 20 years, Birol said.

    Carbon capture and storage technologies will be important to decarbonizing the electric power sector, and it should be a focus of U.S. research and development, Birol said.

    Energy Secretary Rick Perry, speaking alongside Birol at a press conference earlier in the day, called carbon capture an Energy Department research focus.
    Renewables

    Birol said solar and wind power production are growing as they become cheaper, but the U.S. will face challenges integrating wind and solar into its power grids.

    He said renewables growth in the U.S. will require power grids to become more flexible by relying on coal, natural gas, and nuclear power plants, and electricity storage technology, as backup for when wind and solar power cannot be produced.

    Birol, speaking with Perry, hailed Texas as a renewable energy success story, where wind power generation tripled over the past decade. Energy policy there has allowed the state to effectively integrate wind onto its grid better than other regions, he said.

    “I also believe that nuclear should be seen as a key asset in the United States,” Birol said, warning that China will eclipse the U.S. as the global leader in nuclear power generation within 10 years.

    Nuclear energy is expected to fall from 20 percent of the U.S. supply of electricity today to about 7 percent in 2040, keeping U.S. carbon emissions higher than they could be if nuclear power were a greater share of the country’s energy supply, he said.

    https://bnanews.bna.com/environment-and-energy/no-signs-global-fossil-fuel-demand-will-wane-iea-chief-says
    

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17. IEA Chief: ‘Full Impact’ of U.S. Shale on World Energy Still to Come

    Feb 28, 2019 | PoliticoPro - Whiteboard

    By Darius Dixon

    The surge in U.S. oil and natural gas development from shale formations is only now beginning to be felt in the global market, Fatih Birol, the executive director of the International Energy Agency, said today.

    “My belief is that the world has not seen yet the full impact of [the] shale revolution,” he told reporters at a press conference at DOE headquarters alongside Energy Secretary Rick Perry. “The first phase finished by mainly using shale oil and gas for the United States domestically. Now, the export phase comes and this will have major, long-lasting implications for global oil and gas markets.”

    Birol noted that there were only five liquefied natural gas import facilities overseas in 2000, but that figure will have ballooned to 49 around the end of next year. He also said that about two-thirds of the LNG export market growth over the next six years is slated to come from the U.S., which will compete with Qatar and Australia.

    “This is going to change the entire dynamics of gas markets, gas security, gas pricing, among others,” he said. “There are huge expectations around the world for U.S. LNG.”

    https://subscriber.politicopro.com/energy/whiteboard
    

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18. Perry Announces $24M for CCS, Talks Emissions

    Feb 28, 2019 | E&E Greenwire

    By Kelsey Brugger

    Energy Secretary Rick Perry this morning announced $24 million in research grants for carbon capture technologies, which he said would allow the country to continue to produce coal and natural gas "with near-zero emissions."

    "Without carbon capture, any climate target is virtually impossible to meet," the secretary said today. "We believe that you can't have a serious conversation about reducing emissions without including nuclear energy and carbon capture technology."

    The former Texas governor appeared with International Energy Agency Executive Director Fatih Birol at DOE headquarters in Washington.

    "The reality is by 2040 the world will still rely on fossil fuels for 77 percent of its energy uses," Perry said, perched over a podium that he noted was built by a 3-D printer at the Oak Ridge National Laboratory. "Our goal is to produce that in a cleaner way."

    The grant announcement comes at a time when President Trump continues to repeatedly mock climate change and tout "energy dominance."

    Perry stressed the need to swiftly build out American infrastructure "to deliver our historic energy supply."

    He said he was "pleased" to see the Federal Energy Regulatory Commission's decision last week to approve the Calcasieu Pass liquefied natural gas export facility in Louisiana.

    When asked how that FERC decision could affect the 11 other similar projects in the queue, Perry said each project stands alone. He added that over the next 18 months, the U.S. will increase LNG export capacity by 150 percent.'Great progress'

    Perry said the administration has made "great progress in renewable energy." He said, "America is now the world's second-largest generator of solar and wind power," adding that wind power is expected to exceed hydropower for the first time this year.

    Birol said Perry's home state of Texas has outpaced Europe in terms of power production from wind and solar. The IEA chief said he brought that news as a gift to Perry, like the French tradition of offering fine wine to your host.

    Perry quipped, "You can bring the wine, too."

    Birol said oil demand remains "robust" for the next several years. "It may be misleading to just look at changes in the [automobile] sector. Oil demand is not coming from just the cars," he said, pointing to trucks and aviation.

    Birol mentioned a Wall Street Journal headline from 2012 that said by 2020 the U.S. would take over Saudi Arabia as the top oil producer.

    At that, Perry jumped in and interrupted him: "I don't know how shocked any of you are by this headline," said the secretary.

    He said seven years ago, "the cries of disbelief were rather substantial even from the then-current administration." He called it "fascinating" that the projection "is now become a reality."

    And Birol, who also appeared before the Senate Energy and Natural Resources Committee this morning, added the story is not over. "We have not seen yet the full impact of the shale revolution," he said.Questions on CCS

    As for the $24 million for carbon capture, the goal is to reduce the cost of the technology. But skeptics doubted the economics would pencil out.

    "I think it sounds good — like, hey, we're out there keeping coal alive," said Adele Morris, an energy policy senior fellow at the Brookings Institution. "But coal is going to be gone by the time CCS becomes cost-effective."

    Morris said, "The reality is they should be focused on helping the folks in coal country develop a new economy rather than trying to convince them they are going to keep doing what they are doing with CCS."

    The IEA's outlook through 2040 has the share of power generation from renewables rising to above 40 percent. Coal will see some increase in developing countries but continue dropping elsewhere.

    David Hawkins, climate policy chief for the Natural Resources Defense Council, said funding the projects was "worthwhile" but "we cannot count on any of this research delivering real-world emission reductions without climate policies."

    https://www.eenews.net/greenwire/2019/02/28/stories/1060122691
    

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19. Perry: New York Energy Moves 'Jeopardizing Lives'

    Feb 28, 2019 | PoliticoPro - Whiteboard

    By Kelsey Tamborrino

    Energy Secretary Rick Perry blasted one of his favorite foes this morning: The state of New York.

    The secretary — who has long criticized the heavily Democratic state — told the Conservative Political Action Conference that restrictions on energy infrastructure threatened the diversity of supply and could result in power outages.

    "These states that limit that because of their political concerns jeopardize their future of their citizens, not just economically but literally, I will suggest, jeopardizing their lives," Perry said.

    Perry touted President Donald Trump's commitment to diversifying the U.S. energy supply and he also criticized New York for its resistance to new gas pipelines.

    "The sad thing is that not all Americans are getting to enjoy that because of some bone-headed political decisions that are made from time to time," Perry said. "In this case, New York, which won't allow those pipelines to transverse."

    Perry pointed instead to states like Pennsylvania, where "there's a real renaissance going on" because of the development of their natural resources.

    "Cross the border into New York, and it may look like old-time poverty that we've hoped we'd gotten past in this country," he added.

    https://subscriber.politicopro.com/energy/whiteboard
    

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20. Federal Court Rebukes DOE Efforts to Freeze Regs

    Feb 28, 2019 | E&E Greenwire

    By Ellen M. Gilmer

    A federal court in New York has overturned the Department of Energy's effort to sideline an energy efficiency rule focused on air conditioners.

    The U.S. District Court for the Southern District of New York last week found DOE skirted the law when it suspended provisions of a January 2017 rule that required certain efficiency test procedures for central air conditioners and heat pumps.

    The Trump administration suspended the requirements at the behest of manufacturer Johnson Controls International, which triggered a lawsuit from the Natural Resources Defense Council and Democracy Forward. The agency ultimately allowed the standards to go into effect but temporarily exempted Johnson Controls. It then urged the New York district court to dismiss the case as moot.

    Senior Judge Robert Sweet refused to do so and instead resolved the case in the advocacy groups' favor, saying DOE cannot be trusted to keep the requirements in effect.

    "In the context of the regulatory and judicial actions related to this case, it is reasonable to expect that DOE may reissue a delay of the Test Procedures Rule at any time it feels that JCI's exemption is threatened," the Carter appointee wrote.

    Sweet ruled DOE misused a provision of the Administrative Procedure Act allowing agencies to suspend regulations in certain circumstances when "justice so requires." He found the agency's rationale for the delay severely lacking, noting that "DOE's reasoning was less than a sentence long."

    "This is a victory not only for consumers and the environment, but for the basic rule of law," Democracy Forward attorney Jeffrey Dubner said in a statement. "The Trump administration has once again been caught bending the rules for corporate interests and been held to account."

    Federal courts have knocked down numerous other efforts by the Trump administration to use the same APA provision to delay regulations that were already in effect.

    DOE did not respond to a request for comment this morning.

    https://www.eenews.net/greenwire/2019/02/28/stories/1060122681
    

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21. Renewables, EVs Pushed in State-Level 'Green New Deal'

    Feb 28, 2019 | E&E Greenwire

    By Jeffrey Tomich

    Two years after Illinois passed legislation to expand renewables and subsidize nuclear plants, many of the same key players are proposing a bolder and more ambitious bill to slash carbon emissions and spur jobs and economic growth equitably across the state.

    The "Clean Energy Jobs Act" immediately drew comparisons to the "Green New Deal" when it was announced this morning at news conferences in Chicago and Springfield by a group of three dozen Democratic legislators, environmental groups, and labor and businesses leaders.

    The bill is meant to build on the state's 2016 Future Energy Jobs Act and aligns with many of the policy goals of Gov. J.B. Pritzker (D), who has pledged to put Illinois on a pathway to 100 percent renewable energy by midcentury.

    "It will lead to clean energy, jobs and cleaner air across the state," said Jen Walling, executive director of the Illinois Environmental Council, who chaired the energy and environment committee for Pritzker's transition team.

    S.B. 2132 in the Senate and its companion bill in the House, H.B. 3624, seek to eliminate carbon emissions from Illinois' power sector by the end of next decade by establishing a 50 percent renewable energy standard. The bill also includes a 100 percent renewable goal by 2050.

    In addition to requiring the Illinois Power Agency to buy carbon-free energy, the bill would direct the Illinois EPA to regulate carbon emissions from the power sector starting in 2020 by establishing annual caps that would be ratcheted down each year over the next decade.

    The bill doesn't specifically call for the continued operation of Exelon Corp.'s dozen nuclear plants, but the utility was part of negotiations, and lead sponsor Sen. Cristina Castro (D) said the bill's supporters are "willing to sit down with all of the key stakeholders" to discuss how to meet the carbon reduction goals.

    The bill is ambitious on many fronts, including the amount of new wind and solar development that would be required to meet half of the state's energy needs in a decade — an estimated 24,000 megawatts.

    Right now, Illinois only gets about 8 percent of its energy from renewable resources, and the state's current renewable energy standard calls for reaching 25 percent by 2025.

    The measure is also bold because it would also mean the end for coal as a power plant fuel in the state, one that ranks among the top five producers and users.

    Transportation is another of the bill's four "pillars." While the legislation wouldn't regulate vehicle emissions — the leading source of greenhouse gases in Illinois — it aims to remove the equivalent of 1 million gasoline and diesel-powered vehicles from the state's roadways by 2030, in part by incentivizing electric vehicles.

    Like the "Green New Deal," the Illinois bill goes beyond energy and contains significant economic and social components aimed at ensuring that the benefits of the state's clean energy transition are shared across the state.

    The goals of the legislation grew out of 60 community meetings across the state organized by the Illinois Clean Jobs Coalition, a group of environmental, businesses, labor and faith groups that organized in 2015 to push legislation that ultimately became the Future Energy Jobs Act.

    Numerous provisions in the bill announced today, such as the creation of workforce "hubs," job training and tax incentives, are specifically aimed at boosting low-income and minority neighborhoods as well as coal plant and mine workers and communities that have been hit hardest by fossil fuel pollution.

    "We need the benefits of clean energy to reach all 102 counties in Illinois, rural and urban," said Rep. Ann Williams (D), the bill's lead sponsor in the House and chairwoman of the House Energy and Environment Committee. "The bill is ambitious, but it's achievable."

    https://www.eenews.net/greenwire/2019/02/28/stories/1060122703
    

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Chemical Security News

22. House and Senate Homeland Security Panels to Move Forward on CFATS Reauthorization

    Feb 28, 2019 | Inside Cybersecurity

    By Maggie Miller

    Bipartisan leaders of both the House Homeland Security and the Senate Homeland Security and Governmental Affairs committees plan to push forward a bill to reauthorize DHS’ Chemical Facility Anti-Terrorism Standards, but with some disagreements over how many cyber changes should be made to the existing standards.

    “This committee is acting early this Congress to get a reauthorization bill across the finish line,” House Homeland Security Chairman Bennie Thompson (D-MS) said during a hearing Wednesday on the CFATS program. “However, I..

    §  Access to full text unavailable – subscription required.

    Story can be found here:.

    https://insidecybersecurity.com/daily-news/house-and-senate-homeland-security-panels-move-forward-cfats-reauthorization
    

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23. Cybersecurity a Focus for McCurdy as Natural Gas Group’s CEO

    Feb 28, 2019 | BNA Daily Environment Report

    By Rebecca Kern

    Dave McCurdy first dealt with cybersecurity as head of the House Intelligence Committee, then continued working on it as the leader of trade groups for electronics, cars, and natural gas.

    As he steps down Feb. 28 as CEO of the American Gas Association, addressing the threat is one of his proudest accomplishments.

    “The threat is real and, if anything, increasing,” McCurdy wrote in a final letter to the more than 200 AGA member companies. “Adversary nation-state capabilities exist that match U.S. capabilities. This is not a time to rest on past efforts, but a time to continue to focus and build.”

    Strengthening the natural gas industry’s posture on cybersecurity threats is one of McCurdy’s biggest accomplishments, gas industry and Department of Homeland Security leaders agreed.

    “There’s no doubt that Dave has been a champion for this industry in being a proactive liaison between his members and the government,” Karen Harbert, the CEO of the U.S. Chamber of Commerce’s Global Energy Institute and McCurdy’s successor as CEO.

    Outsiders gave McCurdy a positive assessment as well.

    “Natural gas is such a huge portion of the national economy now, and I think McCurdy did as well as he could under the circumstances that he had at that time,” said Ronald Marks, a former CIA official and member of the council of executives for Auburn University’s Center for Cyber and Homeland Security.Millions of Intrusions

    The utility sector faces millions of attempted cyberintrusions a day, and while a cyberattack hasn’t successfully shut down the U.S. power grid, many analysts agree it is likely just a matter of time.

    The persistence of that threat was evident last spring, when a cyberattack on a shared data network forced four natural gas pipeline operators to temporarily shut down computer communications with their customers.

    The companies said no gas service was interrupted and the shutdown of customer transactions was done as a precaution.

    “Our team at AGA, the industry, everyone is stepping up on this, and I think the sense of urgency has increased,” McCurdy told Bloomberg Environment as he prepared to leave the trade association. “It’s a constantly evolving, persistent threat and we are a target.” ‘Analog to Digital’

    McCurdy chaired the House Intelligence Committee during part of his 14 years as a Democratic House member representing Oklahoma’s 4th District. He later served as CEO of the Electronic Industries Alliance and CEO of the Alliance of Automobile Manufacturers.

    “I was involved in the dawn of this technology from analog to digital, both in Congress and the private sector, electronics sector, autos, and now here,” McCurdy said.

    Gas company executives who worked closely with McCurdy said he stressed the importance of being proactive on cybersecuriry threats, from leading on setting industrywide standards to setting up a peer-review program so companies could learn from one another.

    He also has urged Congress to increase funding for the Transportation Security Administration, which oversees pipeline security.

    “Dave would not let us just sit there,” said Pierce Norton, president and CEO of Oklahoma-based ONE Gas, one of the U.S. largest natural gas utilities, who chaired AGA’s board in 2017.

    Bob Kolasky, head of the Homeland Security Department’s National Risk Management Center, also said McCurdy elevated the importance of risk information sharing between industry and government.

    “There’s been a paradigm shift in the energy industry over the last half-dozen years about the fact that senior executives are now investing in the importance of taking cybersecurity seriously, and I think Dave gets a good deal of credit for that,” Kolasky said.

    McCurdy said one of his biggest cyber accomplishments was orchestrating a meeting of the Oil and Natural Gas Sector Coordinating Council at AGA headquarters in October 2018, which includes top leaders from the gas industry, Homeland Security, TSA and the Energy Department, to launch a pipeline cybersecurity initiative.

    Jim Torgerson, CEO of Connecticut-based Avangrid and current chair of AGA’s board, said, “We needed a leader who understood what the industry was facing, and his being able to work with the government in many areas just proved to be great asset.” Still Top Issue

    McCurdy said he won’t be leaving the energy sector altogether and will continue to serve on several energy- and defense-related boards, including the Center for Strategic and Budgetary Assessments.

    But, he said the timing of his exit after the AGA held its 100th anniversary in 2018 felt appropriate. He said he feels confident leaving it in the hands of Harbert, who will be AGA’s first female CEO starting April 1.

    Harbert said she also will make cyber a top issue.

    “The perpetrators of cyber, whether it be nation-states or individual hackers, their techniques will continue to evolve in the same way the industry itself has to evolve so that it is able to address these threats in real time,” she said.

    Going forward, Harbert will have her work cut out for her.

    “Cybersecurity will be an even larger job under her tenure,” said Chris Bronk, a University of Houston professor of computer and information systems and associate director of the Center for Information Security Research and Education. “It will involve even more significant government participation.”

     https://bnanews.bna.com/environment-and-energy/cybersecurity-a-focus-for-mccurdy-as-natural-gas-groups-ceo

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24. Spill at Ala. Water Treatment Plant Sends Dozens to Hospitals

    Feb 28, 2019 | AP (In E&E Greenwire)

    More than 50 people were sent to hospitals around Birmingham, Ala., following a chemical spill at a water treatment plant.

    Authorities tell news outlets that irritating gas caused by a mixture of ferric sulfate and sodium hypochlorite caused breathing problems for about a dozen workers.

    Roughly 40 more people were sent to hospitals as a precaution. Authorities say exposure to the chemicals can cause respiratory problems, nausea and headaches.

    The water system says none of the injuries are believed to be life-threatening.

    The spill occurred yesterday morning at a Birmingham Water Works plant along a heavily traveled suburban highway.

    Authorities asked people living and working in the area to stay inside to avoid the fumes. Officials with the water system say the water is still safe to use. 

    https://www.eenews.net/greenwire/2019/02/28/stories/1060122663
    

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Transportation and Infrastructure News

25. Manufacturers Press Hill for $1T Investment

    Feb 28, 2019 | E&E Greenwire

    By Maxine Joselow

    The National Association of Manufacturers today called on Congress to deliver the $1 trillion infrastructure plan sought by President Trump since last year.

    In a new report released today, the industry heavyweight outlined its vision for a broad infrastructure package in the 116th Congress. Chief among the report's recommendations is spending roughly $1.09 trillion over the next 10 years.

    In particular, the report calls for doling out $713 billion to highways, $123 billion to bridges, $128 billion to airports and $90 billion to public transit.

    Trump repeatedly touted a $1 trillion infrastructure plan last year, only to see talks fizzle on Capitol Hill. Lawmakers on both sides of the aisle are now looking to renew the push for a broad infrastructure deal, although they disagree on how to pay for it (E&E Daily, Feb. 8).

    NAM President Jay Timmons and NAM's board of directors chairman, David Seaton, unveiled the report today during a site visit to a freeway project in Chandler, Ariz.

    "Every year, America is falling further behind on infrastructure," Timmons said in a statement. "Today, infrastructure investment is only one-third of what it was in 1960, and without action on infrastructure, we will lose 5.8 million jobs by 2040."

    He continued, "But with an injection of $1 trillion in American infrastructure over time, we will create 11 million jobs. There's clearly bipartisan support to modernize and revitalize our infrastructure, so now we're calling on Congress to act."

    Notably, the 44-page NAM report does not endorse a particular funding mechanism. Rather, it presents a broad array of funding options for lawmakers to consider.

    The first option is increasing the federal gasoline tax by 15 cents and the federal diesel tax by 20 cents. Congress hasn't raised the gas tax of 18.4 cents per gallon since 1993, meaning it hasn't kept pace with inflation.

    Other options include implementing a vehicle-miles-traveled fee of 1 cent per mile for cars and 4 cents per mile for trucks, imposing a $100 registration fee on electric vehicles and a $5 registration fee on all vehicles, and increasing the Harbor Maintenance Fee by 25 percent.

    Some conservatives have long complained that electric vehicles don't use gasoline, so they don't pay their fair share of the gas tax, threatening the long-term solvency of the Highway Trust Fund.

    The Congressional Budget Office released an analysis last month showing that the Highway Trust Fund's transit account will be drained of money by 2021 unless Congress intervenes.

    The NAM report also calls for leveraging investments from the private sector. Trump's plan last year faced criticism for relying too much on public-private partnerships.

    NAM originally released the report, titled "Building to Win," ahead of the 2016 presidential election. Today's release represents an updated version.

    https://www.eenews.net/greenwire/2019/02/28/stories/1060122679
    

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Environment News

26. Senate Confirms Wheeler to Lead EPA

    Feb 28, 2019 | The Hill - E2 Wire

    By Miranda Green

    The Senate on Thursday voted to confirm Andrew Wheeler as administrator of the Environmental Protection Agency (EPA) in a 52-47 mostly party-line vote.

    Every Democrat voted against Wheeler, while Sen. Susan Collins (Maine) was the only Republican to vote against him.

    Collins in a statement Wednesday said she would not vote for Wheeler, a former energy lobbyist, because of his track record backing policies that weaken rules protecting are pollution and lowering car emissions.ADVERTISEMENT

    “While Mr. Wheeler is certainly qualified for this position, I have too many concerns with the actions he has taken during his tenure as Acting Administrator to be able to support his promotion,” said Collins, who had backed confirming Wheeler last year to be EPA’s deputy administrator.

    Sen. Joe Manchin (W.Va.), the only Democrat who voted to confirm Wheeler as EPA’s deputy administrator, voted against him on Thursday. He cited Wheeler’s failure to make progress on clean drinking water standards, among other issues.

    “When I voted to confirm Mr. Wheeler to be Deputy Administrator of the EPA, I did so because I thought the President deserved to have his team in place. I also believed that I could work with Mr. Wheeler,” Manchin said in a statement.

    “Today, I voted against him to be the permanent Administrator of the EPA because as Acting Administrator, he hasn’t demonstrated a desire or a will to make any meaningful progress on clean drinking water standards and has rolled back clean air standards that are directly impacting West Virginians, both concerns that I have raised with him.”

    Wheeler has lead the EPA in an active capacity since former Administrator Scott Pruitt resigned on the heels of ethics controversies in July. He will be the agency’s second leader under President Trump. Trump nominatedWheeler to take over the role of EPA administrator in early January.

    At his confirmation hearing, Wheeler doubled down on the EPA’s efforts under Trump to streamline environmental regulations, which in many instances meant dramatically re-writing, challenging and shrinking agency rules put in place under former President Obama.

    Wheeler in his opening remarks highlighted 13 major deregulatory actions he had overseen in his six months heading the EPA on an acting basis, including proposals to roll back environmental regulations for power plants and vehicle emissions and protections for small waterways. He said it saved Americans “roughly $1.8 billion in regulatory costs.”

    Democrats blasted Wheeler for continuing the Trump administration’s deregulatory agenda, which included a dramatic drop in enforcement against polluters.

    But several lawmakers credited Wheeler for a shift in tone from Pruitt.

    Sen. Tammy Duckworth (D-Ill.) thanked Wheeler for his accessibility.

    “It’s been a nice change to your predecessor,” she said.

    Pruitt who left the administration after a series of controversies, including his taking first-class flights on EPA business, his rental of a room in Washington at the price of $50 per night from the wife of an energy lobbyist and questionable international visits to the Vatican and Morocco.

    “Mr. Wheeler is certainly not the ethical bereft embarrassment that Scott Pruitt proved to be,” said Sen. Tom Carper (D-Dela.).

    This is Wheeler’s second stint at the EPA. He previously worked in the agency’s Office of Pollution Prevention and Toxics in the early 1990s where he twice earned the agency’s bronze medal. Wheeler later worked for Sen. James Inhofe's (R-Okla.) congressional office and then as a lobbyist in the energy and natural resources sector for nearly a decade at law firm Faegre Baker Daniels.

    Wheeler has come under criticism for continuing to hold meetings with various fossil fuel industry leaders, including some who his former company represented. A review of his public schedule conducted by CNN in February found that between last April and August, Wheeler attended more than 50 meetings with representatives of groups regulated by the EPA. In comparison, he met with three nonprofit environmental groups during that time.

    Republicans cheered Wheeler’s confirmation.

    “During the last administration, the EPA issued punishing regulations that would hurt the economy and raise costs on families,” Sen. John Barrasso(R-Wyo.), chairman of the Senate Natural Resources Committee, said in a statement. “Under Acting Administrator Wheeler’s leadership, the EPA has taken a different approach. The agency is now putting forward proposals that both protect our environment and allow the country’s economy to flourish.”

    The confirmation drew ire from Democrats and environmentalists.

    “Andrew Wheeler is going to be the architect of the Republican plan to make sure we don’t do anything on this climate catastrophe,” Sen. Ed Markey (D-Mass) said during the Senate’s floor debate on Thursday. Markey is the lead sponsor of the Senate’s Green New Deal resolution that aims to jumpstart green energy jobs while getting the country running on complete renewable energy.

    May Boeve, executive director of 350.org, said casting a vote for Wheeler would green light the “complete dismantling” of EPA’s regulatory power to the benefit of coal and oil lobbies.

    “Like his predecessor, Andrew Wheeler is deep in the pockets of oil and coal executives, evidenced by the dozens of meetings he has prioritized with industry representatives during his time as Acting EPA Administrator,” she said.

    https://thehill.com/policy/energy-environment/432033-senate-confirms-wheeler-to-lead-epa
    

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27. Senate Set to Confirm Ex-Coal Lobbyist to Lead Top U.S. Environment Regulator

    Feb 28, 2019 | Reuters (In The New York Times)

    By Humeyra Pamuk

    The U.S. Senate is poised on Thursday to confirm President Donald Trump's candidate, a former coal lobbyist, to lead the nation's top environmental regulator, a nomination that has infuriated conservation groups and Democrats.

    Environmental Protection Agency acting Administrator Andrew Wheeler, a Washington insider with years of experience working as a congressional staffer, was nominated by Trump in January to permanently replace Scott Pruitt, who resigned in July after widespread criticism for alleged ethical missteps.

    Wheeler's nomination has cheered business interests eager to see reduced regulation, but upset Democrats and conservation groups worried that environmental rollbacks under the Trump administration are going too far.

    Despite the majority that Trump's fellow Republicans hold in the Senate, his confirmation process was not without complications.

    ADVERTISEMENT

    Susan Collins, a moderate Republican senator from Maine, has said she would oppose Wheeler's nomination, arguing his efforts to roll back standards on emissions blamed for climate change took the country in the wrong direction.

    Wheeler also faced a brief pushback from five Republican senators from oil states over what they perceive as his support of policies favorable to the ethanol industry. The corn and oil industries have conflicting interests.

    While running the EPA on an interim basis, Wheeler oversaw the weakening of Obama-era rules limiting carbon and mercury emissions from power plants and standards on carbon dioxide emissions from cars and trucks. He has also advanced an initiative to lift a summertime ban on higher ethanol blends of gasoline that was enacted to curb smog.

    "Andrew Wheeler should not lead EPA," Democratic Senator Tom Udall said. "Throughout his career, he’s advocated for measures that pollute our air and water, hurt public health, and will do long-term economic damage. And his record on climate change is simply disqualifying," he said.

    Like Pruitt, Wheeler held nearly 20 times more meetings with industry representatives than with conservationists during his first two months on the job, according to a copy of his schedule reviewed by Reuters.

    During his confirmation hearing in January, he said he did not believe climate change was a major crisis - a stance that resonates with Trump's skepticism but which clashes with the scientific consensus that global warming will have devastating consequences if not addressed urgently.

    https://www.nytimes.com/reuters/2019/02/28/us/politics/28reuters-usa-epa-wheeler.html
    

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28. Dems Wrestle Over How to Vote on ‘Green New Deal’

    Feb 28, 2019 | The Hill - E2 Wire

    By Alexander Bolton

    Senate Democratic leaders are grappling over how to vote on a controversial climate change proposal that is being championed by progressives and mocked by conservatives.

    The plan, offered by firebrand Rep. Alexandria Ocasio-Cortez (D-N.Y.) will be voted on on the Senate floor later this year in a GOP-led effort to divide Democrats and get them to go on the record about the “Green New Deal.”

    But Senate Democratic Leader Charles Schumer (N.Y.) has floated a plan with his caucus to vote present on the ambitious legislation. It remains to be seen if Senate Democrats will embrace Schumer’s strategy.

    Senate Majority Leader Mitch McConnell (R-Ky.) on Wednesday panned the Green New Deal as “the far-left’s Santa Claus wish list dressed up to look like serious policy.”

    The nonbinding legislation calls for the federal government to achieve net-zero greenhouse gas emissions, eliminate pollution as much as technologically feasible and provide training and high-quality education so that “all people of the United States” can participate in the Green New Deal mobilization. McConnell says the Senate will vote on the Green New Deal before the August congressional recess.

    A Democratic senator familiar with internal deliberations said that Schumer reached out to his more liberal colleagues who are running for president to make sure they’re on board with the present vote strategy.

    However, not all Democrats are on the same page.

    Sen. Joe Manchin (D-W.Va.), who once famously filmed a campaign ad in which he shot then-President Obama’s cap-and-trade climate proposal with a hunting rifle, said Wednesday he’s likely to vote “no.”

    “I got to work with reality. I got to make sure we have the benefit of affordable energy,” Manchin said.

    Asked about his colleague’s plan to vote present on the Green New Deal, Manchin responded, “They can do what they want to do. I’m not a present-type guy.”

    Other Democrats from coal-producing states, such as Sen. Bob Casey Jr. (Pa.) and Jon Tester (Mont.), said Wednesday they’re still reviewing the Green New Deal.

    Sen. Ed Markey (D-Mass.), the Senate co-sponsor of Ocasio-Cortez’s Green New Deal resolution, said he’s working with Schumer and declined to say whether he would vote present instead of “yes” on his own proposal. The House measure has 89 Democratic co-sponsors while the Senate legislation has 11. The six Democratic senators who have launched presidential bids are official backers of the Green New Deal and have touted it on the campaign trail.

    At a time when polls show that Democratic voters are highly energized over climate change, some Democrats don’t think it’s smart to shy away from a bold proposal being touted by one of the party’s fastest-rising stars, Ocasio-Cortez.

    “There’s some difference of opinion about whether it goes far enough or too far, whether it was rolled out in the best way,” Senate Minority Whip Dick Durbin (D-Ill.) said of the Green New Deal.

    “I will give credit to the sponsors, especially my friend Ed Markey. We need to, as a nation, take this issue seriously and waste no time in doing it,” Durbin added.

    Sen. Jeff Merkley (Ore.), an outspoken liberal who is mulling a presidential bid in 2020, praised the Green New Deal as a strong proposal.

    “We have a whopping big problem. Second, we need to boldly address it. Investing those funds will create millions of jobs. We need to make sure the benefits of clean energy and jobs go to the communities that have often been bypassed,” said Merkley, who is a co-sponsor.

    But a Democratic senator who faces a competitive reelection race in 2020 dinged it for leaving too much to the imagination.

    “There are a lot of specifics that are missing,” the lawmaker said. 

    The Republican move to force a vote on Democratic legislation is similar to when the GOP went on offense to vote on Obama’s budgets in 2012 and 2015. Democrats accused Republicans of playing politics, and the measures were rejected 98-1 and 99-0, respectively.

    In prior elections, climate change legislation was seen as a significant liability for Democrats in tough races.

    Centrist Democrats such as former Sens. Mary Landrieu (La.) and Evan Bayh (Ind.) urged Obama at the end of 2009 to stop talking about cap-and-trade legislation, fearing it would boomerang on Democrats politically. 

    Democrats lost control of the House in 2010 after Speaker Nancy Pelosi(D-Calif.) launched a frenzied and ultimately successful effort to pass a comprehensive climate change bill in 2009.

    Senate Democrats, however, never took up cap-and-trade after then-Senate Majority Leader Harry Reid (D-Nev.) said it faced too much Republican opposition. Democrats subsequently kept control of the Senate in Obama’s first midterm election.

    Beyond the Green New Deal, Democrats are undecided about whether they should put together a package of proposals to address climate change — as they did for infrastructure issues in the 115th Congress with their “Blueprint to Rebuild America’s Infrastructure.”

    Some Senate Democrats say the party should try to build bipartisan support for climate change legislation expected to pass the House later this year. Others say there’s little hope of getting votes on substantive proposals while Republicans control the Senate.

    “There’s all sorts of different opinions about the Green New Deal, whether we do our own, whether people tout what they’ve been doing,” said a Democratic senator who requested anonymity to discuss internal deliberations.

    Schumer has tried to bridge the divisions by getting all 47 members of his caucus to support a nonbinding resolution stating that climate change is real and caused predominantly by human activity and should be addressed by immediate action from Congress and the administration.

    A Democratic aide said the resolution will let Democrats go on the offensive by pressuring Republicans to take public positions on whether climate change is real and manmade.

    “We’re going on offense to demand that they admit climate change is real, it’s manmade, it’s caused by humans and you have to act. They’ve been silent. We’re flipping the script,” the aide said. “Climate change is something that two-thirds of the country now believes is a serious threat.”

    “We’re trying to show the clear divide, that we’re the ones that wants to address it and the Republicans are the ones standing in the way,” the source added.

    Recent polls show that public attitudes are shifting on climate change — as they have on gun control, another issue that was seen in the past as a weakness for Democratic candidates.

    A survey conducted by Yale and George Mason universities in December showed that the proportion of Americans alarmed by climate change has doubled over the past five years. An NBC/Wall Street Journal poll from December showed that two-thirds of respondents say action is needed to address climate change.

    Schumer took to the Senate floor Wednesday to give GOP colleagues a taste of what to expect.

    “I heard Leader McConnell knocking the Green New Deal, I would ask the leader — and we’re going to keep asking him, and every Republican in this chamber — what they would do about climate change,” Schumer asked.

    He called McConnell’s plan to force a vote on the Green New Deal “a diversion” and “a sham.”

    “Not a single bill has been brought to the floor to deal with climate change in the five years Leader McConnell has been majority leader. What is your plan, Leader McConnell?” he said.

    Regardless, Senate Democrats still have to wrestle over what substantive climate change proposals to push in 2019 and 2020.

    Schumer sent a letter to President Trump in December insisting that any future infrastructure package include funding to transition to a clean-energy economy. He proposed modernizing the electric grid and investing in renewable energy, sewer and water infrastructure.

    Sens. Sheldon Whitehouse (D-R.I.) and Brian Schatz (D-Hawaii) plan to introduce a carbon tax or carbon fee proposal that would assess a fee on fossil fuels that produce greenhouse gases. Durbin said there could also be support for legislation that would authorize the Treasury Department to issue bonds to support investments to combat the impact of climate change.

    Sen. Ron Wyden (Ore.), the senior Democrat on the Senate Finance Committee, wants to end tax breaks for what he calls “dirty energy.”

    “I want to throw 40 tax breaks on energy, which are basically dirty energy tax relics, in the garbage can and substitute three: one for clean energy, one for clean transportation fuel and one for energy efficiency,” he said.

    Merkley, meanwhile, is pushing legislation to restore the tax credit for purchasing electric cars and to set up a fund to allow municipal metro systems to buy electric buses. 

    https://thehill.com/homenews/senate/431938-dems-wrestle-over-how-to-vote-on-green-new-deal
    

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29. EPA Seeks Ecologists to Boost Roster of Clean Air Advisers

    Feb 28, 2019 | BNA Daily Environment Report

    By Amena H. Saiyid

    The EPA, under pressure from its science advisers, is seeking ecologists who have expertise in ozone and fine airborne particles as it aims to review federal air quality standards for the pollutants by the end of 2020.

    The agency’s Feb. 28 notice, comes after four of the Clean Air Scientific Advisory Committee’s seven members in December said the panel lacks the diversity in scientific expertise needed to weigh the complicated science behind the air quality standards for fine airborne particle pollution without input from additional experts.

    Until a month ago, acting Administrator Andrew Wheeler had insisted that the seven members of the advisory committee had the experience and expertise needed to complete their reviews.

    He said there was no need to reinstate subcommittees or ad hoc advisory panels of additional experts to finish the work.

    The committee is racing to complete the reviews of the 2015 standards for ozone—a known lung irritant—and the 2012 standards for fine airborne particle pollution by the end of 2020.

    The deadline was set by former EPA Administrator Scott Pruitt and panned by existing advisers as too aggressive.

    The advisers made similar comments during the committee’s first public teleconference during a November 2018 teleconference to discuss the EPA’s draft plan for reviewing the ozone limits.

     https://bnanews.bna.com/environment-and-energy/epa-seeks-ecologists-to-boost-roster-of-clean-air-advisers

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