PM ACC Clips Report - March 12, 2019

Industry and Association News

1. (ACC Mentioned) Guest Column: GCO-II and Managing Chemicals and Waste beyond 2020

   Mar 12, 2019 | Chemical Watch

   Mike Walls, vice president of regulatory and technical affairs at the American Chemistry Council, and Véronique Garny, Cefic director of product stewardship, examine the GCO-II findings as the 4th Session of the UN Environment...
2. (ACC Mentioned) Global Goal for Chemicals Won’t Be Achieved, Says UN Report

   Mar 12, 2019 | Chemical Watch

   By Leigh Stringer
   
   
   The global goal to minimise adverse impacts of chemicals and waste will not be achieved by 2020, according to a major UN report. The 2020 goal was set out in 2006 under the UN’s global non-binding chemicals programme...
3. Global Chemicals Outlook II: More Ambitious Action Urgently Needed

   Mar 12, 2019 | Chemical Watch

   By Leigh Stringer
   
   
   Key findings of a UN report, on the global state of play of chemicals, set out potential issues associated with their expected growth in production and consumption, as well as solutions to address them. The 68-page summary report...
4. What Trump Proposed in His 2020 Budget

   Mar 11, 2019 | Washington Post

   By Kate Rabinowitz and Kevin Uhrmacher
   
   
   The Trump administration released its 2020 budget request on Monday, proposing major cuts to federal government spending. While the cuts are unlikely to become reality — Congress has rejected many of Trump’s previous requests...
5. The Energy 202: Trump's Budget Seeks Cuts to Climate Research and Renewable Energy Programs

   Mar 12, 2019 | Washington Post

   By Chris Mooney, Brady Dennis, Darryl Fears and Sarah Kaplan
   
   
   The 2020 Trump administration budget overview document, released on Monday, doesn’t even bring up the subject of climate change in laying out the president’s major priorities. Yet as in prior years, it telegraphs what the U.S...
6. Trump’s 2020 Budget Would Cut EPA Funding by 31%

   Mar 12, 2019 | EcoWatch

   By Olivia Rosane
   
   
   President Donald Trump released his budget for fiscal year 2020 on Monday, to a general outcry from environmental groups who say it underfunds key programs and agencies. EcoWatch has already reported on its biggest ask — $8.6...

TSCA News

7. (ACC Mentioned) EPA Takes Closer Look at Confidentiality of Safety Studies under TSCA

   Mar 12, 2019 | Chemical Watch

   By Kelly Franklin
   
   
   The US EPA says that it is going to be "much more careful" with how it approaches the protection of confidential business information (CBI), following public outcry over its withholding of health and safety data supporting a TSCA...

Chemical Management News

8. EPA Set to Issue Rules Limiting Solvent in Some Paint Strippers

   Mar 12, 2019 | BNA Daily Environment Report

   By Pat Rizzuto
   
   
   A final rule restricting some consumer uses of the toxic methylene chloride in paint strippers will soon be released by the EPA, an agency spokesman told Bloomberg Environment March 12. The Environmental Protection Agency will also...
9. N.M.: Air Force Needs to Do More to Clean up Jet Fuel

   Mar 12, 2019 | AP (In E&E - Greenwire)

   By Susan Montoya Bryan
   
   
   The U.S. Air Force has excavated thousands of tons of soil and treated millions of gallons of water contaminated by jet fuel at a base bordering New Mexico's largest city, but state regulators say the military still has more cleanup to do.
10. Confusion Remains Over PFAS Regulation

    Mar 12, 2019 | Wisconsin Public Radio

    By Phoebe Petrovic
    
    
    Gov. Tony Evers' budget proposes a small amount of money for investigating PFAS contamination in Wisconsin. As concern over such contamination grows among government officials and state residents, confusion over how best to...
11. Treatment Technologies for PFAs in Industrial Water

    Mar 12, 2019 | Water Tech Online

    By Joseph Cotruvo
    
    
    Perfluoalkyl chemicals are organic chemicals whose hydrogen atoms have been replaced by fluorine. Polyfluoroalkyls have had many of the hydrogens replaced by fluorine. More than 4,000 perfluorinated and polyfluorinated substances...
12. Chemical Regulation Concerns Remain as Brexit Nears

    Mar 12, 2019 | Plastics News

    By Sarah Houlton
    
    
    With three weeks until the United Kingdom's deadline to separate from the European Union, significant concerns remain about its ability to maintain a chemical trade. Robin Teverson, a member of Parliament and chairman of the...

Energy News

13. Senate Panel Votes to Ban Some Forms of Fracking

    Mar 12, 2019 | AP (In E&E - Greenwire)

    By Curt Anderson
    
    
    Some forms of hydraulic fracturing would be banned in Florida under a bill that cleared a state Senate committee yesterday, with environmental groups and other opponents contending a major loophole could still threaten water...
14. Wheeler Promotes 'Cleaner' US Fossil Fuel Exports

    Mar 12, 2019 | Inside EPA

    EPA Administrator Andrew Wheeler is urging other countries to buy U.S. fossil fuel exports, arguing the fuels are “cleaner” than alternatives purchased in other countries because domestic environmental standards are generally stronger.
15. EPA Chief Tells World to Buy "Cleaner" American Energy

    Mar 12, 2019 | Houston Chronicle

    By James Osborne
    
    
    EPA Administrator Andrew Wheeler claimed Monday that U.S. fossil fuels were "cleaner" than those from other countries, encouraging foreign customers to buy American oil, coal and natural gas. He said domestic environmental...
16. ANWR Drilling Critics Hidden from Public — Report

    Mar 12, 2019 | E&E - Greenwire

    By Kelsey Brugger
    
    
    Newly leaked Interior Department documents raise questions about the environmental review of oil drilling in the Arctic National Wildlife Refuge's coastal plain. The documents show that federal scientists drafted 18 memos...
17. Senators Call for Truce on Climate Change

    Mar 12, 2019 | Houston Chronicle

    By James Osborne
    
    
    After years of bitter stagnation in the Senate on climate change, a leading Republican and a leading Democrat are calling for a truce. Senators Lisa Murkowski, R-Alaska, and Joe Manchin, D-W.V., speaking at the CERAWeek by IHS...

Chemical Security News

18. Chemical Safety Board Asks for More Money, Not Closure

    Mar 12, 2019 | BNA Daily Environment Report - Occupational Safety

    By Sam Pearsonhttps://news.bloombergenvironment.com/safety/chemical-safety-board-asks-for-more-money-not-closure
    
    
    The U.S. Chemical Safety and Hazard Investigation Board says it needs a funding boost, rather than the elimination the White House reportedly will again propose. The board, with an annual budget of $12 million, is facing proposed...
19. Are New United States Regulations Coming for Accidental Releases into Air?

    Mar 12, 2019 | HazMat Management

    By Louis A. Ferreira, Willa B. Perlmutter, and Guy J. Thompson
    
    
    On February 4, 2019, a federal court ruled that the U.S. Chemical and Safety Hazard Board must issue regulations within one year that set forth reporting requirements for accidental releases of hazardous substances into the ambient...

Transportation and Infrastructure News - There are no clips to report at this time.

Environment News

20. Wheeler to Address Employees

    Mar 12, 2019 | E&E - Greenwire

    By Kevin Bogardus
    
    
    EPA Administrator Andrew Wheeler will address agency employees this Thursday. Wheeler invited EPA staff to attend in person or watch online his speech at 1 p.m. Thursday from the Map Room in headquarters, according to an internal...
21. Watchdog Amps up Call for Wheeler Lobbying Probes

    Mar 12, 2019 | E&E - Greenwire

    By Corbin Hiar
    
    
    A left-leaning watchdog group escalated its calls today for investigations of EPA chief Andrew Wheeler and his former lobbying firm. In a follow-up complaint sent to the clerk of the House, the secretary of the Senate and — for the first...
22. Ewire: Wheeler Confirms EPA Will Preempt California Vehicle Rules

    Mar 12, 2019 | Inside EPA

    EPA chief Andrew Wheeler is confirming that the agency will preempt California and other states from regulating vehicle greenhouse gases when the agency and the Transportation Department (DOT) finalize a joint rollback of...
23. EPA Head Rules out Future Negotiations with California over Car Emissions

    Mar 12, 2019 | The Hill - E2 Wire

    By Miranda Green
    
    
    Newly confirmed EPA chief Andrew Wheeler blamed politics Monday is ruling out any re-opening of talks between the Trump administration and California over proposed changes to the federal vehicle emissions standard. Wheeler said...
24. NYC’s Small Businesses Want Congestion Pricing

    Mar 12, 2019 | Environmental Defense Fund

    By Andy Darrell
    
    
    Most people following New York City’s traffic and transit problems understand that more traffic and congestion is bad for air quality and commute times. And they know that the city’s buses and subway system need significant...

Industry and Association News

1. (ACC Mentioned) Guest Column: GCO-II and Managing Chemicals and Waste beyond 2020

   Mar 12, 2019 | Chemical Watch

   Mike Walls, vice president of regulatory and technical affairs at the American Chemistry Council, and Véronique Garny, Cefic director of product stewardship, examine the GCO-II findings as the 4th Session of the UN Environment Assembly (Unea-4) meets in Nairobi.

   As the global population and demand for limited resources grows, there is an urgent need for new ways to increase sustainability and the circularity of materials/products. Chemistry plays an essential role in driving progress across all three dimensions of sustainable development – environmental, social and economic – and is helping to address and overcome the world’s most pressing sustainability challenges.

   Achievement of the 17 UN Sustainable Development Goals (SDGs) will not be possible without the power of chemistry. The International Council of Chemical Associations (ICCA), the worldwide voice of the chemical industry, is committed to accelerating progress towards the SDGs. 

   From disinfection technologies to ensure clean drinking water, innovative roofing and window treatments to increase energy efficiency, and plastic packaging that prolongs the shelf life of food and reduces food waste, chemistry plays an integral part in providing sustainability solutions.

   GCO-II findings

   The Second Global Chemicals Outlook (GCO-II) recognises the importance of chemicals to society and to achieving the SDGs. As the report notes, manufactured chemicals have improved public health, food security, and quality of life for individuals around the world. By using new renewable energy sources and technologies that depend on the power of chemistry, we have become more efficient, affordable and scalable.

   The chemical industry supports the call in the GCO-II for global implementation of policies to manage chemicals and waste. We believe that their sound management is critical to protecting against risks to human health and the environment. However, there are elements of the GCO-II that could be improved. For example, the report notes that more work needs to be done to refine the calculation of the "cost of inaction". Effectively, health and environmental effects are multifactorial and this aspect was not deeply analysed.
   

   Sustainable consumption and production rely on innovation. We are pleased to see dialogue on sustainable chemistry initiated in this edition of the GCO. Safer and sustainable chemicals are, and will continue to be, designed considering the full lifecycle process, while recognising trade-offs will need to be addressed. Scientific knowledge is evolving and more research will identify the real impact of chemicals in our daily life. Our industry is committed to help in the process with its Long-Range Research Initiative.

   As a way of reducing the release of pollutants, the GCO-II stresses the need for a circular economy. As chemistry provides the building blocks for more than 96% of all manufactured goods, our industry plays an integral role in reimagining the products, technologies, resources and systems that will power a more circular, sustainable economy. The chemical industry is committed to playing a key role in the systemic transition to this. Circular economy initiatives must embrace a holistic view that considers the economic, environmental, and societal impacts of a product or material through its lifecycle.

   As more developed countries pursue such goals, there are still countries that lack basic chemical and waste management regimes. As the GCO-II highlights, there is still a significant need for development and implementation of effective chemical and waste management around the globe. More progress is needed to reach the Strategic Approach to International Chemicals Management (Saicm) goal of achieving the sound management of chemicals and waste by 2020.

   Improvements needed in implementation

   The needs of developed countries are distinct from those of developing and emerging economies. Saicm’s unique voluntary, multi-stakeholder, and multi-sectoral approach provides a valuable forum to discuss the many challenges facing the universal adoption and implementation of national policies to safely manage chemicals and waste. Through Saicm, UN Environment and the chemical industry have partnered to help developing countries and countries in transition develop chemical and waste management public policies, regulatory instruments and capacity.

   The chemical industry’s key contribution to Saicm is its Responsible Care® Global Charter and capacity-building initiatives. Responsible Care encourages collaborative work between domestic and international industry, government, and local authorities to help demonstrate best practices in safe chemicals management around the globe and promote continuous improvement. This involves deploying Responsive Care experts to support safe and more sustainable chemical plants and supply chains, which can help contribute to safer workplaces and communities, and sustainable growth.

   A key example of this is ICCA’s initiative to support local governments in their efforts to improve the legislative chemicals management framework. The ICCA developed and offers a regulatory toolbox based on the fundamental principles derived from industry’s Responsible Care programme and our Global Product Strategy. This toolbox promotes greater understanding of assessment and use of chemicals and encourages sound regulations where needed. The ICCA recommends basic chemicals management schemes to be adapted to each country level of legislative and regulatory system.

   We consider data sharing, implementation of the Globally Harmonized System (GHS) of classifying and labelling chemicals and safety data sheets (SDSs), key elements of a basic regulatory approach.  Step-wise implementation of these will allow assimilation and putting into practice of basic chemical management concepts. In addition, regulatory cooperation between governments should promote convergence of approaches, even as governments may pursue different priorities.  

   As drafted, the GCO-II report says the industry’s Responsible Care needs to improve its effectiveness. However, it minimises the impact of our initiatives. The commitment to excellence and continuous improvement under the Responsible Care Global Charter cannot be effective unless it is broadly embraced by the industry and its commercial partners including small- and medium-size enterprises (SMEs). This challenge is best exemplified in countries such as India and China. Chemical federations adopted Responsible Care in 1994 and 2014 respectively and major chemical manufacturers have signed the Global Charter as a sign of our industry’s unified commitment to safe chemicals management. However, tens of thousands of SMEs are currently in need of training in chemicals management practices.
   

   ICCA’s capacity-building efforts in India, China and other countries focus on improving chemicals management practices for large-, medium- and small-size companies and, in turn, encourages them to take these to their commercial partners to help them in improving their systems.

   Today, hundreds of global signatories have signed the Responsible Care Global Charter and Responsible Care is practiced in 68 countries around the world. This represents 82% of global chemical production and 96% of the world’s largest chemical companies.  

   Saicm beyond 2020

   Stakeholders are currently discussing the future of Saicm beyond the end of its 2020 mandate. A multi-stakeholder framework enables all relevant stakeholders to help build a stronger foundation for sound management of chemicals more broadly than any alternative approach.

   While global approaches – including the Stockholm and Minamata Conventions – are appropriate for certain substances, Saicm has highlighted that the key contribution to the sound management of chemicals worldwide needs to come from effective and pragmatic regulatory approaches at the national level, supported by voluntary initiatives such as Responsible Care. With its voluntary, multi-stakeholder structure, Saicm is uniquely positioned to provide guidance and international support for these efforts.

   To maximise Saicm’s effectiveness, we support the development of tangible indicators for measuring progress on sound chemicals management and focusing its limited resources on the core objective of establishing basic capacity to manage chemicals safely throughout the world.

   The chemical industry believes there has been significant progress since the Saicm process was launched in 2006. Although its 2020 goal may not yet have been fully achieved, it is important to note what has worked, and how we can build on these successes.

   The industry is committed to working with governments and other stakeholders to help define the future of sound chemicals management in Saicm.

   https://chemicalwatch.com/74961/guest-column-gco-ii-and-managing-chemicals-and-waste-beyond-2020
   

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2. (ACC Mentioned) Global Goal for Chemicals Won’t Be Achieved, Says UN Report

   Mar 12, 2019 | Chemical Watch

   By Leigh Stringer

   The global goal to minimise adverse impacts of chemicals and waste will not be achieved by 2020, according to a major UN report.

   The 2020 goal was set out in 2006 under the UN’s global non-binding chemicals programme, the Strategic Approach to International Chemicals Management (Saicm).

   But a summary version of the second Global Chemicals Outlook (GCO II) report says, despite international agreement, reached at high-level UN conferences, and significant action already taken, "scientists continue to express concerns regarding the lack of progress" made.

   Despite international agreement, reached at high-level UN conferences, and significant action already taken, 'scientists continue to express concerns regarding the lack of progress' made

   The 68-page summary report, which follows on from an earlier policy makers report, was published yesterday at the Unea-4 conference in Nairobi. It comes just weeks before the full report is due to be released during the Saicm Open Ended Working Group (OEWG) meeting in Montevideo next month. This is being held to establish whether the programme should continue beyond its 2020 mandate, or be replaced with an alternative framework.

   The GCO II summary finds that despite "significant progress" made, major implementation gaps remain. In particular, developing countries, and economies in transition, still lack basic chemicals and waste management systems.

   It highlights that the Globally Harmonised System (GHS) for classification and labelling has not been implemented in more than 120 countries, mostly developing nations and economies in transition.

   Many, it says, still lack pollutant release transfer registers (PRTRs), poison centres and capacities for hazard and risk assessment and risk management.

   Gaps remain in managing industrial chemicals and consumer products, with regulations on lead in paint being a "revealing indicator". As of September 2018, only 37% of countries had confirmed they have legally binding controls on lead in paint. And, even if regulations on specific chemicals are in place, implementation and enforcement may pose challenges, it says.

   Progress remains insufficient, the summary says, and there is an "urgent need to take concerted action to develop basic chemicals management systems in all countries".

   Chemical production and consumption is shifting to emerging economies, in particular China. The Asia-Pacific region is projected to account for more than two-thirds of global sales by 2030 and cross-border e-commerce is growing 25% annually.

   With such growth expected, the report says industry’s involvement in global chemicals management has "not been sufficient".

   "While industry is involved through programmes such as [the international Council of Chemical Associations'] Responsible Care programme, universal coverage is yet to be achieved," it says.

   However, speaking on behalf of the ICCA, vice president of regulatory and technical affairs at the American Chemistry Council (ACC), Mike Walls, told Chemical Watch recently that he does not agree with this conclusion on the 2020 goal, saying that "we've made significant progress".

   "A more appropriate approach to the discussion is considering what we have achieved and how we can continue to build on successes as opposed to bemoaning the fact that we haven't completely achieved the 2020 goal as articulated in the Rio declaration," he added.

   The ICCA is pushing for a "reinvigorated" Saicm programme.Saicm

   The 2018 independent evaluation of Saicm found that it is "unique in its ambition as an inclusive multi-stakeholder, multi-sector voluntary policy framework".

   The evaluation also found that the programme creates a "collaborative space for raising awareness, increasing knowledge and reducing risks".

   However, it points out weaknesses, such as:insufficient sectoral engagement;the capacity constraints of national focal points;lack of tools to measure progress; andlimited financing of activities.

   https://chemicalwatch.com/74963/global-goal-for-chemicals-wont-be-achieved-says-un-report
   

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3. Global Chemicals Outlook II: More Ambitious Action Urgently Needed

   Mar 12, 2019 | Chemical Watch

   By Leigh Stringer

   Key findings of a UN report, on the global state of play of chemicals, set out potential issues associated with their expected growth in production and consumption, as well as solutions to address them.  

   The 68-page summary report, which follows on from an earlier policy makers report, was published yesterday at the Unea-4 conference in Nairobi. It comes just weeks before the full Global Chemicals Outlook II report is due to be released during the Saicm Open Ended Working Group (OEWG) meeting in Montevideo next month. The meeting is being held to establish whether the programme should continue beyond its 2020 mandate, or be replaced with an alternative framework.

   The summary report has ten key findings:The size of the global chemical industry exceeded $5 trillion in 2017. It is projected to double by 2030. Consumption and production are rapidly increasing in emerging economies. Global supply chains, and the trade of chemicals and products, are becoming increasingly complex.Driven by global megatrends, growth in chemical-intensive industry sectors (for example construction, agriculture, electronics) creates risks, but also opportunities to advance sustainable consumption, production and product innovation.Hazardous chemicals and other pollutants (such as plastic waste and pharmaceutical pollutants) continue to be released in large quantities. They are ubiquitous in humans and the environment and are accumulating in material stocks and products, highlighting the need to avoid future legacies through sustainable materials management and circular business models.The benefits of action to minimise adverse impacts have been estimated in the high tens of billions of US dollars annually. The WHO estimated the burden of disease from selected chemicals at 1.6 million lives in 2016 (this is likely to be an underestimate). Chemical pollution also threatens a range of ecosystem services.International treaties and voluntary instruments have reduced the risks of some chemicals and wastes, but progress has been uneven and implementation gaps remain. As of 2018, more than 120 countries had not implemented the Globally Harmonized System of classification and labelling of chemicals.  Addressing legislation and capacity gaps in developing countries and emerging economies remains a priority. Also, resources have not matched needs. There are opportunities for new and innovative financing, such as through cost recovery and engagement of the financial sector.Significant resources can be saved by sharing knowledge on chemical management instruments more widely, and by enhancing mutual acceptance of approaches in areas ranging from chemical hazard assessment to alternatives assessment.Frontrunner companies – from chemical producers to retailers – are introducing sustainable supply chain management, full material disclosure, risk reduction beyond compliance, and human rights-based policies. However, widespread implementation of these initiatives has not yet been achieved.Consumer demand, as well as green and sustainable chemistry education and innovation (for example through start-ups), are among the important drivers of change. They can be scaled up through enabling policies, reaping the potential benefits of chemistry innovations for sustainable development.Global knowledge gaps can be filled. This can be achieved, for example, by taking steps to harmonise research protocols, considering health or environmental impact information and harm caused to set and address priorities (for example emerging issues), and strengthening the science-policy interface through enhanced collaboration of scientists and decision-makers.

   Solutions to these problems do exist, the report says, such as innovations in green and sustainable chemistry, moving to safer alternatives, adopting common approaches to chemicals management, accelerating hazard assessment and making the implementation of GHS classifications a priority.

   But in the summary foreword, Joyce Msuya, UN environment acting executive director says "a solution is only as good as the will to implement it".

   "Whether the growth in chemicals becomes a net positive or a net negative for humanity depends on how we manage the chemicals challenge," said Ms Msuya.

   "What is clear is that we must do much more, together."

   The report says that the global goal to minimise adverse impacts of chemicals and waste will not be achieved by 2020.

   Ms Msuya says some progress in managing chemicals through national and stakeholder action, international treaties and voluntary instruments has been made. However "at our current pace, we will not achieve [the 2020 goal] goal.

   "Now, more than ever, key influencers such as investors, producers, retailers, citizens, academics and ministers must act," she says.

   "We cannot live without chemicals. Nor can we live with the consequences of their bad management.

   https://chemicalwatch.com/74975/global-chemicals-outlook-ii-more-ambitious-action-urgently-needed
   

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4. What Trump Proposed in His 2020 Budget

   Mar 11, 2019 | Washington Post

   By Kate Rabinowitz and Kevin Uhrmacher

   The Trump administration released its 2020 budget request on Monday, proposing major cuts to federal government spending. While the cuts are unlikely to become reality — Congress has rejected many of Trump’s previous requests — the budget is an important signal of the administration’s priorities and suggests a major funding fight in October.

   Proposed changes to funding in Trump’s budget -31%

   Environmental Protection Agency -24%

   State and USAID -19%

   Transportation -16%

   Housing and Urban Development -15%

   Agriculture -14%

   Interior -12%

   Health and Human Services -12%

   Education -11%

   Energy -10%

   Labor -2%

   Justice -2%

   NASA -2%

   Treasury +5%

   Defense +7%

   Homeland Security +8%

   Veterans Affairs

   In the document, Trump calls for large budget increases to defense and border security alongside substantial cuts to government benefits. Trump’s budget proposal for the last fiscal year similarly proposed increased defense spending and cuts to other departments. Congress did not act on many of his recommendations. The budget is likely to face even more of an uphill battle with Democrats now in control of the House.

   Key proposed additions

    Adds more than $33 billion to the Department of Defense budget, for a total of $718 billion, 57 percent of the proposed federal discretionary budget

    Allocates $8.6 billion to build sections of a wall along the U.S.-Mexico border, on top of the close to $7 billion Trump already announced in his national emergency declaration

    Sets aside $750 million to establish a paid parental leave program and $1 billion for a one-time fund to help underserved populations and encourage company investment in child-care

    Commits $291 million toward ending the spread of HIV in the United States within a decade, a promise Trump made in his State of the Union last month

   Key proposed cuts

   -Cuts $845 billion over the next 10 years from Medicare, the federal program that gives health insurance to older Americans

   -Removes $241 billion from Medicaid, the health-care program for low-income Americans, over the next decade as part of an overhaul that shifts more power to states

   -Slashes $220 billion from the Supplemental Nutrition Assistance Program (SNAP) over the next decade, with proposed reforms including mandatory work requirements and food box delivery service in lieu of cash benefits for low-income families

   -Reductions to the federal student loan programs that total $207 billion in the next 10 years and include eliminating Public Service Loan Forgiveness and subsidized student loans

   Below are descriptions of the administration’s budget proposals for most major federal agencies. While mandatory spending programs — which account for over 60 percent of the federal budget — like Medicare and food stamps are discussed, the budget number does not include these programs.  

   Agriculture Department
   

   The Trump administration is seeking to cut the Department of Agriculture’s discretionary budget by $3.6 billion, or 15 percent from the 2019 estimate, while also slashing by $17.4 billion the funds available to the Supplemental Nutrition Assistance Program (food stamps). The budget would also reduce federal crop insurance subsidies, with a projected savings of $22.1 billion by 2029, and cut spending for conservation programs and foreign food aid. The subsidies protect farmers against loss of crops due to natural disasters or loss of revenue because of declines in the prices of agricultural commodities.

   The budget requests $5.8 billion total to serve food stamp participants and reintroduces the proposal for a Blue Apron-style food box delivery service in lieu of cash benefits for low-income families that was widely rejected by food assistance experts when President Trump proposed it in 2018.

   Defense Department

   Under the requested budget, the Department of Defense would receive $718 billion in 2020, a 4.9 percent increase over the prior year. The entire national defense budget, which includes money for defense-related activities at other federal agencies, including the National Nuclear Security Administration, would be $750 billion, a 34 percent increase from the prior year. Among other priorities, the Pentagon money is slated to go to the creation of a U.S. Space Force, a 3.1 percent pay increase for the military, and investments in hypersonic weapons, artificial intelligence and autonomous weaponry. It continues investments in a vast modernization of the American nuclear arsenal. The defense budget includes more than $9 billion “as an emergency requirement to address border security and hurricane recovery.”
   

   Education Department

   The budget requests $62 billion for the Education Department, a 12 percent decrease from what was enacted for 2019. The Trump administration wants to pull out $2 billion from the reserves for the Pell Grant program, the primary source of federal grant aid for millions of students whose families typically earn less than $60,000 a year. Advocacy groups say raiding the reserves could jeopardize the grant program in the future.
   

   Energy Department

   President Trump's budget request for the Energy Department seeks to boost coal and nuclear energy, while making cuts to programs intended to foster renewable energy and combat climate change.

   For instance, the administration proposes a significant cut for the agency's Office of Energy Efficiency & Renewable Energy (EERE) — $696 in the coming fiscal year, compared to roughly $2.4 billion that was approved in 2019. Meanwhile, the White House proposed increasing the budget for the Office of Fossil Energy Research & Development to $562 million, a bump of $60 million. It also proposed a $67 million increase for the agency's Office of Nuclear Energy, up to $824 million annually. The budget also proposes $23.7 billion for various national security programs within the agency, including $8 billion to sustain and modernize the U.S. nuclear stockpile.

   Department of Health and Human Services

   The Health and Human Services budget once again attempts to tilt Medicaid in a conservative direction, moving from its half-century history as an entitlement program into a series of finite block grants to states, while eliminating the program’s expansion under the Affordable Care Act. The spending plan would slow Medicare spending by $845 billion over the next decade, largely by changing payments to hospitals and doctors and renewing efforts to lessen fraud and abuse. The budget would devote $291 million as the first installment of a presidential commitment to stop the spread of HIV within a decade, and would continue investment in curbing the opioid epidemic. But it would slash the National Institutes of Health’s funding by about 12 percent, and the budget for the Centers for Disease Control and Prevention by about 10 percent. Trump proposes big cuts to health programs for poor, elderly and disabled.
   

   Department of Homeland Security

   The Trump administration proposed $51.7 billion for the Department of Homeland Security, a 7.8 percent increase, excluding current funding for overseas contingency operations. Immigration security remains a top priority, with billions earmarked for a border wall, more detention beds and over 2,800 additional immigration agents and other staff. The budget also would create a “Border Security and Immigration Enforcement Fund,” to meet the president’s goals of dramatically increasing immigration jails and enforcement. The budget also sets aside $19.4 billion to aid American communities hit by major disasters.
   

   Department of Housing and Urban Development

   Trump proposed an $8.6 billion cut for the Department of Housing and Urban Development for 2020, a 16.4 percent decrease from the 2019 estimate that includes eliminating the Community Development Block Grant program and as well as capital improvement funds for public housing repairs.
   

   The four-decade-old community block grant program, popular among congressional Democrats and Republicans, provides cities with money for affordable housing and other community needs, such as fighting blight, improving infrastructure and delivering food to homebound seniors. The administration, in its budget documents, said the program has “failed to demonstrate effectiveness.”

   As in previous years, the administration is also calling for bolstered work requirements for families receiving federal housing assistance to promote “self-sufficiency.”

   Interior Department

   The president’s budget requests $12.5 billion for the Interior Department, $2 billion less than 2019, a 14 percent decrease. It would eliminate economic development grants that help municipalities recover from disruptive mining operations on public lands. The budget would reduce funding to acquire and preserve land. Interior’s priority will be the president’s signature ambition: energy development on land and offshore, and former secretary Ryan Zinke’s bid to shift much of the department’s management from the District to the West. It provides just under $300 million to help whittle down the National Park Service’s massive $12 billion backlog for fixing buildings and roads.
   

   Justice Department

   The Trump administration proposed a 2.3 percent reduction in the Justice Department's budget, much of that money coming from grant programs like COPS, which pays for local police agencies to hire new officers. The White House budget plan for the Justice Department in 2020 prioritizes spending for national security, cyber security, immigration enforcement, combating violent crime and addressing the opioid epidemic.
   

   Like last year, the Trump administration proposes shifting part of the work of the Bureau of Alcohol, Tobacco, Firearms and Explosives away. Under the proposal, alcohol and tobacco enforcement would move to the Treasury Department so that ATF could focus more on guns, explosives and arson.​ The same proposal was made last year and went nowhere in Congress.

   Labor Department

   Overall, the budget asks Congress for $10.9 billion for the Labor Department, a 9.7 percent decrease from 2019’s budget.
   

   The budget plans calls for saving money on unemployment insurance benefits by cracking down on fraud or abuse within the program. It also calls for a reorganization of job corps program that aims to train disadvantaged youth for future employment. Under the administration’s proposal, the Labor Department would have more flexibility to close centers that aren’t producing results.

   The budget also calls for the consolidation of the country’s statistic agencies that calculate measures of economic health such as the gross domestic product and the monthly jobs and unemployment reports. Under the plan, the Bureau of Labor Statistics would be moved into the Commerce Department, joining the Bureau of Economic Analysis and the Census Bureau.

   State Department and USAID

   The proposed budget would slash the budget for foreign aid and diplomacy by 23 percent, to $40 billion for the State Department and the U.S. Agency for International Development.

   Though steep, the proposed cuts are not as deep as the 30 percent cuts recommended a year ago and 32 percent proposed for the previous year. Foreign aid enjoys wide bipartisan support, and Congress largely restored most of the cuts proposed by the White House in the previous years.

   Transportation Department

   The 2020 Department of Transportation budget requests $21.4 billion in discretionary spending, down from $26.5 billion in FY 2019. The proposal calls for cutting funds for long-distance Amtrak routes and shifting responsibly for them to states, “while providing robust intercity bus service to currently underserved rural areas via a partnership between Amtrak and bus operators.” Separate grants to Amtrak for the heavily traveled Northeast Corridor, stretching from Washington to Boston, would be cut in half, dropping from $650 million in 2019 to $325.5 million in 2020. More than $1 billion would be cut from the Capital Investment Grants program, which goes toward funding major rail, commuter rail and other transit projects.

   Treasury Department

   The White House is asking for $12.7 billion for the Treasury Department, approximately a 1 percent decrease in funding from the previous year.
   

   The White House is asking for new investments in the Internal Revenue Service, which is part of the Treasury Department. The budget calls for $15 billion in new IRS funding to beef up tax enforcement, which the administration estimates would generate an additional $47 billion in new revenue over the next 10 years, thus shrinking the deficit overall.

   The administration's budget also includes $300 million in new funding to revamp the information technology systems at the IRS, some of which are decades old and have struggled to properly process payments on Tax Day.

   The administration's budget for the Treasury Department also proposes changes to the administrative structure of the Alcohol and Tobacco Tax and Trade Bureau. It also seeks to push more Treasury functions to be executed electronically, as the department still issues about 56 million paper checks annually.

   Department of Veterans Affairs

   The White House is proposing a 7.5 percent boost to the Department of Veterans Affairs, to $97 billion. This includes an increase of close to 10 percent for medical care for veterans, much of it to implement a law Congress passed last year to consolidate private-care programs outside VA and make private doctors easier for veterans to access.
   

   Other new spending would continue the agency’s massive modernization of its electronic health records, add mental-health services for suicide prevention and expand medical services to female veterans.

   Environmental Protection Agency

   The Environmental Protection Agency once again found itself in the Trump administration’s crosshairs, with the White House proposing to slash its budget by 31 percent.
   

   The $2.8 billion proposed cut, which would leave the agency a budget of $6.1 billion, is in line with the previous deep reductions that the administration has sought each year under President Trump. So far, Congress has been unwilling to go along, keeping EPA’s budget largely stable.

   NASA

   NASA faces a modest cut — 2.3 percent lower than the agency’s 2019 funding, which was approved last month by Congress. The $21 billion for NASA is more than the Trump administration asked for last year, as NASA Administrator Jim Bridenstine pointed out Monday in a statement describing the fiscal 2020 budget as “one of the strongest on record for our storied agency.” Bridenstine said the budget keeps NASA on track for putting humans on the moon again by 2028.

   The proposed NASA budget does not include money for a new space telescope, WFIRST, which would look for distant planets and study the mysterious “dark energy” permeating the cosmos. Two Earth science missions aimed at understanding climate would be eliminated, as would an educational effort, the Office of STEM Engagement.

   The White House also proposed to defer upgrades to NASA’s Space Launch System -- a powerful new rocket that is still in development -- and move some its proposed payloads to other vehicles. Budget seeks cuts to funding for science, medical research.

   https://www.washingtonpost.com/graphics/2019/politics/trump-budget-2020/?utm_term=.cc4288fbbdea#dept-5
   

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5. The Energy 202: Trump's Budget Seeks Cuts to Climate Research and Renewable Energy Programs

   Mar 12, 2019 | Washington Post

   By Chris Mooney, Brady Dennis, Darryl Fears and Sarah Kaplan

   The 2020 Trump administration budget overview document, released on Monday, doesn’t even bring up the subject of climate change in laying out the president’s major priorities.

   Yet as in prior years, it telegraphs what the U.S. government thinks of climate change -- mostly by proposing, in the fine print released individually by separate agencies, numerous cuts to climate research, adaptation, and renewable energy programs.

   Congress in past years has largely said no thank you to the administration's proposed cuts. Still, at a time when climate scientists globally say there’s barely a decade to slash emissions, and when the administration’s own scientists say effects within the United States are getting worse, the Trump administration is barely even shrugging at mounting concern over climate change.

   The proposed plans for the Environmental Protection Agency are instructive about the administration's approach. 

   The 31 percent, $2.8 billion proposed cut, which would leave the agency a budget of $6.1 billion, is in line with the previous deep reductions that the administration has sought each year under President Trump. So far, Congress has been unwilling to go along, keeping the EPA’s budget largely stable.

   The administration, for instance, would cut the EPA’s Global Change Research office, which exists to provide scientific information to policymakers about the threats posed by climate change. Employees of the office worked on the National Climate Assessment released last fall, which warned of growing impacts of climate change, and which Trump dismissed.

   The office, which has a current budget of more than $19 million and nearly 50 employees, would be eliminated in order to prioritize “activities that support decision-making related to core environmental statutory requirements,” the administration wrote.ADVERTISING

   The agency said it would still be involved in the National Climate Assessment process, as one of 13 agencies that participates. “Under the proposed budget, EPA would continue to have input into the NCA scope, review the document, and provide agency concurrence per EPA’s role as a member of the Subcommittee on Global Change Research,” the agency said in a statement.

   Then there are proposed numerous eliminations of entire environmental programs,such as funding for state radon-detection initiatives; to work on improving water quality in the Gulf of Mexico, Lake Champlain, Puget Sound and other water bodies around the country; and a program that offers communities grants for lead-reduction projects.

   The White House has proposed similar cuts at the EPA the past two years, but even the Republican-led Congress refused to embrace the sweeping reductions Trump requested. Now, the Democratic-led House is almost certain to reject the administration’s efforts to continue scaling back the agency’s reach and ambition.

   In a statement, EPA Administrator Andrew Wheeler called Tuesday’s document “a common-sense proposal” that would “support the agency as it continues to work with states, tribes and local governments to protect human health and the environment.”

   Environmental advocates quickly called it a disaster.

   “In the face of a nationwide drinking water contamination crisis, a broken chemical safety net, and devastating hurricanes and wildfires, a rational and concerned president would seek more funding to protect Americans’ health, keep our environment clean, and combat the threat of catastrophic climate change,” Ken Cook, president of the Environmental Working Group, said in a statement. “President Trump did just the opposite.”

   There were similar cuts to climate programs at other agencies. 

   Under the proposed budget, funding for the Interior Department’s Climate Adaptation Science Center would be cut nearly in half, to $23,900. Climate research and development and science that helps tribes adapt to climate change would also be slashed. Funding for Tribal Climate Resilience would be eliminated.

   The Interior Department's priority in the budget proposal is to continue “the administration’s strong commitment to promoting economic security and energy dominance by developing domestic energy resources.” In other words, it will expand its robust effort to mine and drill for fossil fuels on land and at sea despite calls to lower their use.

   The administration plans to sell federal oil and gas leases in an area that was untouched, the Arctic National Wildlife Refuge. In addition, the Interior Department is considering a plan to offer leases off the Atlantic coast for the first time in half a century. The Bureau of Ocean Energy Management is considering whether to issue permits that would allow five companies to map the Atlantic floor for oil and gas using seismic air guns, instruments that could harm megafauna such as whales and smaller marine animals.

   According to the budget, the agency will set aside areas to develop renewable energy on and off the shore, saying it would prioritize “permitting consistent with industry demand.”

   At NASA, the budget eliminates two planned Earth science missions aimed at understanding climate systems: the Plankton, Aerosol, Cloud, Ocean Ecosystem mission, a satellite that would seek to understand ocean health and its influence on air quality and climate; and the Climate Absolute Radiance and Refractivity Observatory (CLARREO), which would have studied energy from the sun reflected back by Earth.

   The latter was one of the highest-priority projects in the National Academies of Science, Engineering and Medicine’s 10-year survey of the nation’s science goals. Its measurements of reflected sunlight are important for testing climate models and predicting future warming

   At NOAA, meanwhile, the budget proposes to eliminate three environmental programs. That includes Sea Grant, which supports environmental research on the coasts and in the Great Lakes, including considerable climate change research. (That’s not something you can really ignore if you focus on the coasts.)

   Still, it’s not like these proposed cuts are something people should bank on happening.

   The likelihood of them becoming reality was perhaps well captured in a news release by Republican Sen. Rob Portman of Ohio, regarding proposed cuts to the EPA’s Great Lakes Restoration Initiative:

   “For the past few years, no matter whether it was a Republican or Democratic-led administration, there have been attempts to cut or eliminate funding for the Great Lakes Restoration Initiative,” Portman’s statement said. “And every year, we have successfully defeated those efforts and ensured that this critical program receives full funding.”

   https://www.washingtonpost.com/news/powerpost/paloma/the-energy-202/2019/03/12/the-energy-202-trump-s-budget-seeks-cuts-to-climate-research-and-renewable-energy-programs/5c869eca1b326b2d177d604d/?utm_term=.2c7333320ae1
   

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6. Trump’s 2020 Budget Would Cut EPA Funding by 31%

   Mar 12, 2019 | EcoWatch

   By Olivia Rosane

   President Donald Trump released his budget for fiscal year 2020 on Monday, to a general outcry from environmental groups who say it underfunds key programs and agencies.

   EcoWatch has already reported on its biggest ask — $8.6 billion in funding for a border wall that would threaten borderland wildlife and communities — but the budget has been equally criticized for what it would cut, including a 31 percent decrease in funding for the U.S. Environmental Protection Agency (EPA) and a nine to 14 percent decrease for the Department of the Interior (DOI).

   "In the face of a nationwide drinking water contamination crisis, a broken chemical safety net, and devastating hurricanes and wildfires, a rational and concerned president would seek more funding to protect Americans' health, keep our environment clean, and combat the threat of catastrophic climate change," Environmental Working Group President Ken Cook said in a statement about the budget.
   

   Here are some of the programs the president would like to ax.

   1. Endangered Species Funding: The budget for adding new species to the endangered species list would be cut by about 50 percent, the Center for Biological Diversity (CBD) said, while funding for the Fish and Wildlife Service overall would fall by 16 percent compared to 2019 levels.

   2. The Land and Water Conservation Fund: The popular Land and Water Conservation Fund uses money from offshore oil and gas drilling to create national parks, wildlife refuges and protected areas. It was re-authorized in a bipartisan public lands bill that Trump is expected to sign, yet his budget would reduce its funds by 95 percent, the Huffington Post reported.

   3. The Great Lakes Restoration Initiative: Among the many potential EPA cuts, the Trump administration wants to massively reduce funding for the Great Lakes Restoration Initiative, which works to restore wetlands and improve water quality. The budget wants to cut $270 million of $300 million in funding, but the Detroit Free Press notes this plan is unlikely to pass Congress because it is popular with both Republicans and Democrats representing Midwestern states. Cuts proposed to the program over the last two years were also voted down.

   4. Climate Change Prevention and Research: Many plans to study or deal with climate change would see cuts, Pacific Standard reported. Those include a 90 percent funding decrease for the EPA's Atmospheric Protection Program, which reports on greenhouse gasses, and a 70 percent funding decrease for the Office of Energy Efficiency and Renewable Energy.

   This isn't the first time that Trump has proposed massive cuts to the EPA. His 2018 budget sought to cut its funding 31 percent and his 2019 budget aimed to slash it 23 percent. The Hillnoted that Congress had declined to pass steep cuts to the EPA in previous years, and was even less likely to do so now that Democrats control the House. However, critics agreed that the budget reflected the administration's priorities.

   "This environmentally devastating proposal shows Trump's government is composed only of special interests, run by special interests, for the benefit of special interests," CBD Government Affairs Director Brett Hartl said.

   https://www.ecowatch.com/trump-budget-cuts-2020-2631384803.html
   

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TSCA News

7. (ACC Mentioned) EPA Takes Closer Look at Confidentiality of Safety Studies under TSCA

   Mar 12, 2019 | Chemical Watch

   By Kelly Franklin

   The US EPA says that it is going to be "much more careful" with how it approaches the protection of confidential business information (CBI), following public outcry over its withholding of health and safety data supporting a TSCA risk evaluation.

   Speaking last week at the GlobalChem conference in Washington, DC, Office of Chemical Safety and Pollution Prevention Assistant Administrator Alexandra Dunn said that the agency has learned from the controversy over its draft evaluation of pigment violet 29 (PV29).

   The draft evaluation, released last November, relied in part on 20 studies submitted to Echa, when the substance was registered under REACH, that were protected as CBI. But several consumer advocacy groups protested that health and safety data cannot be withheld and filed a public records request to gain access to them.

   In her public remarks, Ms Dunn acknowledged that the agency has received "a lot of very strong feedback" on its PV29 review.

   And the government shutdown, she said, forced a delay to the peer review process and gave the EPA more time to think about those comments and "address the perception – real, or perceived (since perception is reality for many people) – how we can be more transparent in the work we’re doing."

   Speaking to Chemical Watch after her public remarks, Ms Dunn added: "We're going to be much more careful as we move forward with CBI."Release of additional PV29 data?

   The chemicals office head also shed new light on the continued debate over whether it is permissible to withhold health and safety studies as confidential.

   In respect to this, she said the draft evaluation for PV29 "made a mistake: it incorrectly described the studies as TSCA CBI." Instead, she said the studies should have been protected as regular CBI.

   As the agency works to reschedule its peer review panel, it is going through the process of determining which studies are entitled to confidential treatment, and substantiating those claims. "Based on that, we may be able to release additional information and studies," she said.

   "This is a real challenge for us and I hope that our stakeholder community will see, as we start putting more things in the PV29 [public] docket going forward, that we have heard them, and we are changing," she added.

   In her interview with Chemical Watch, Ms Dunn said that CBI will always be a tough issue: "We do believe that companies are working very proactively with us to share as much as they can, and we understand the desire of the public to see as much as they can."

   The agency, she added, is going to be "very clear about what type of CBI it is and then work with the companies to see if they would agree to let us share some things that are CBI but they still might agree to share."'Promising area of exploration'

   In a GlobalChem panel discussion, Rebecca Bernstein, a senior director at speciality chemicals firm Arkema, said the EPA needs to develop a mechanism that allows manufacturers "to be confident that the data we share that we developed in Europe – and have compensable interest in – does not inadvertently become available for use by companies who did not spend the money to advance their own registrations in other countries."

   Mark Duvall, an attorney with Beveridge and Diamond, floated the concept of an arrangement in which potential competitors would not be able to access a full study, but access would be permitted to interested parties who want to better understand an assessment.

   "While the parameters of what that long-term arrangement would be remain to be worked out, I see that as a promising area for exploration," he said.

   The American Chemistry Council, he added, "is considering a project to address that issue".

   https://chemicalwatch.com/74970/epa-takes-closer-look-at-confidentiality-of-safety-studies-under-tsca?q=%E2%80%9CAmerican+Chemistry+Council%E2%80%9D
   

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Chemical Management News

8. EPA Set to Issue Rules Limiting Solvent in Some Paint Strippers

   Mar 12, 2019 | BNA Daily Environment Report

   By Pat Rizzuto

   A final rule restricting some consumer uses of the toxic methylene chloride in paint strippers will soon be released by the EPA, an agency spokesman told Bloomberg Environment March 12. .

   The Environmental Protection Agency will also soon issue a second “prerule” (RIN:2070-AK48) that floats various ways of requiring that commercial workers be trained and certified to work with paint strippers made with methylene chloride, the spokesman said.

   Both rules cleared the Office of Management and Budget review process March 11, the last step before agencies finalize them.

   The EPA’s final rule (RIN:2070-AK07) that would restrict or possibly ban methylene chloride in consumer products comes 10 months after former EPA Administrator Scott Pruitt said the agency would promptly issue these controls.
   Two Years Since Proposal

   The rule will be issued more than two years after the Obama administration proposed banning methylene chloride in paint and coating strippers.

   At least 13 retailers, including Lowe’s Companies, Inc., the Home Depot Inc., and Walmart Inc., have already decided to stop selling paint and coating strippers with the chemical.

   The stores’ decisions came after dozens of deaths of homeowners and workers who used paint and coating strippers with methylene chloride—often in enclosed, unventilated spaces like bathrooms. Environmental organizations such as Safer Chemicals Healthy Families also urged retailers to stop selling the products.

   The 2016 amendments to the Toxic Substances Control Act authorized the EPA to take action to control methylene chloride and a few other chemicals.

   The EPA’s delay in doing so—and the deaths of four individuals since the agency proposed its 2017 methylene chloride controls—are among the topics the House Committee on Energy and Commerce’s Subcommittee on Environment and Climate Change will address during a March 13 hearing, according to a memo from Committee Chairman Rep. Frank Pallone (D-N.J.).

   https://news.bloombergenvironment.com/environment-and-energy/epa-set-to-issue-rules-limiting-solvent-in-some-paint-strippers
   

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9. N.M.: Air Force Needs to Do More to Clean up Jet Fuel

   Mar 12, 2019 | AP (In E&E - Greenwire)

   By Susan Montoya Bryan

   The U.S. Air Force has excavated thousands of tons of soil and treated millions of gallons of water contaminated by jet fuel at a base bordering New Mexico's largest city, but state regulators say the military still has more cleanup to do.

   The New Mexico environment department, which monitors the cleanup's progress, late last week released a draft of this year's strategic plan for addressing the contamination at Kirtland Air Force Base.

   The fuel leak—believed to have been seeping into the ground for decades—was detected in 1999. The greatest concern was potential contamination of drinking water wells in Albuquerque neighborhoods that border the base.

   While state and military officials say drinking wells are now protected, community watchdogs argue that there are gaps in the data and are pushing for an independent review of the yearslong, multimillion-dollar cleanup project.

   "Much information has been administratively kept secret from the public to paint over serious technical problems about the jet fuel spill investigation and remediation efforts," said Dave McCoy, whose group Citizen Action New Mexico has sued over the years to try to get documents released on the spill and cleanup.

   McCoy and others said they have asked the state to establish a citizen advisory board and include details on the project's budget and spending for the next year.

   The state's draft does not address any spending, but officials have scheduled three public meetings this year and are planning to put out a more comprehensive proposal on public involvement this summer.

   Environment Secretary James Kenney, who took over the state agency this year, said the U.S. Air Force has made strides in cleaning up the fuel spill but that the work is far from complete. He said the contamination remains a top priority for his office and that he's committed to holding the Air Force accountable.

   To keep the contamination from spreading beyond the boundaries of the base and toward drinking water wells, the Air Force installed a pump-and-treat system in 2015.

   So far, more than 585 million gallons (2.2 million liters) of have been extracted, treated to less-than-detectable concentrations of contamination and either used to water the Kirtland golf course or injected back into the aquifer.

   More than 4,200 tons (3,810 metric tons) of contaminated soil also was removed and vapor was pulled from the soil for over a decade.

   The leaking fuel contained the additive ethylene dibromide, or EDB. While the effects on people haven't been well-documented, the U.S. Environmental Protection Agency says animal studies indicate that chronic exposure may result in toxic effects to the liver, kidney and reproductive organs.

   Kenney said data gathered last year indicates the groundwater extraction and treatment is having a positive effect on the contamination. Under the draft plan, that work would continue along with more modeling and monitoring. The state also is requiring the Air Force to submit more data related to the soil vapor.

   The plan for the cleanup at Kirtland was released just days after New Mexico announced it was suing the Air Force over groundwater contamination at two other bases in the state. In that case, the contamination—linked to a class of chemicals known as perfluoroalkyl and polyfluoroalkyl substances, or PFAS—resulted from past firefighting activities at Cannon and Holloman air bases.

   https://www.eenews.net/greenwire/2019/03/12/stories/1060127035
   

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10. Confusion Remains Over PFAS Regulation

    Mar 12, 2019 | Wisconsin Public Radio

    By Phoebe Petrovic

    Gov. Tony Evers' budget proposes a small amount of money for investigating PFAS contamination in Wisconsin.

    As concern over such contamination grows among government officials and state residents, confusion over how best to regulate them remains.

    PFAS refers to a class of per- and poly-fluorinated compounds found in household items such as non-stick cookware and water-resistant clothing, as well as firefighting foam.

    They can be hazardous to human health if ingested. According to the Centers for Disease Control and Prevention’s toxicology agency, studies have shown certain PFAS compounds may reduce fertility in women, affect immune systems, increase cancer risk and more.

    The most extensively studied PFAS compounds are the two most commonly found, PFOA  (perfluorooctanoic acid) and PFOS (perfluorooctane sulfonic acid). These are the compounds for which the federal Environmental Protection Agency maintains a lifetime exposure health advisory in independent or combined amounts of 70 parts per trillion. The EPA has pledged to develop an enforceable, maximum drinking water level for PFOA and PFOS by the end of 2019.

    Wisconsin's Department of Health Services is currently working on an enforceable standard for the same two PFAS compounds in concert with its Department of Natural Resources.

    But the PFAS class contains an estimated 3,000 to 4,000 different compounds, and over 20 types have been found in sites across Wisconsin. In Madison, the water utility tested one of its wells for 30 compounds and detected 10.

    Some residents say solely considering the two most common PFAS compounds is inadequate and dangerous.
    

    Citizens for Safe Water Around Badger, or CSWAB, a grassroots activist group led by Laura Olah, originally petitioned the DNR to set a statewide, enforceable standard for PFAS in groundwater, which it has asked DHS to develop based on the most reliable and current scientific research. They have since petitioned the DNR to expand the list of PFAS investigated and regulated to include the other compounds found in Wisconsin, which the DNR accepted in January.

    Bruce Rheineck, the groundwater section chief for the DNR, says the department plans to submit the expanded list of PFAS to DHS for consideration once it has completed analyzing the toxins currently under review.

    Residents have expressed concerns that if some of the compounds have proven to be dangerous, others might as well.

    CSWAB asked state officials to establish a standard for the summed-total concentration of all PFAS.

    Whether DHS’s recommendation will contain such remains unclear. Steven Elmore, director of the DNR's Drinking Water and Groundwater Program, wrote in a January letter: "Until DHS reviews the available scientific information, it is unknown whether or not a summed-total concentration is an appropriate approach."

    "We don’t want to put apples and oranges together in the same standard if they don’t have the same effects," Rheineck said.

    Curtis Hedman, a toxicologist with the DHS, explained that research suggests different PFAS compounds operate differently.

    "We’re finding that some of these PFAS compounds affect certain organ systems while others affect different toxicological endpoints which makes it difficult to simply do an additive number for a toxicity factor," Hedman said.

    Hedman also emphasized that the bulk of toxicological studies pertain to the two most common PFAS compounds, which is why these are the ones currently under review.

    As the research develops, Hedman said, their recommendations will as well.

    As we move forward, we'll get more and more information about the other PFAS compounds and be able to determine better information on toxicity for those."There are new studies coming out every month, and there's more and more being done with these different PFAS compounds," Hedman said.

    CSWAB’s Olah noted, however, that creating class-wide health standards for toxic chemicals is not uncommon.

    Nine states currently have some form of regulation or advisory on safe PFAS levels, according to the Association of State Drinking Water Administrators. Connecticut, Massachusetts and Vermont include the summed-total concentration of five PFAS compounds — PFOA, PFOS, PFNA, PFHxS and PFHpA — in their water. Connecticut and Massachusetts set theirs at 70 parts per trillion, in line with the EPA, but Vermont’s is far lower, at 20 parts per trillion.  

    Attention around the former Badger Army Ammunition Plant in Sauk County provides a case study for the concern over PFAS, as well as the lack of clarity over their regulation.

    Cleanup at the decommissioned plant has lasted years, since the 1990s, and soil and water samples have shown a litany of contaminants, from mercury and lead to carbon tetrachloride and dioxane.

    Recently, tests of the soil, surface, sediment and groundwater around Badger Army Ammunition Plant, conducted by the U.S. Army, showed small amounts of PFAS.

    The DNR does not consider Army activities at fault for the low concentrations of PFAS identified around the Badger site, according to Steve Ales, who works on remediation and redevelopment for the agency.

    "We are uncertain of the source," Ales said by email.

    Still, Army representatives presented their test results, obtained in May 2018, at a Army Restoration Advisory Board meeting in November.

    Bryan Lynch, of the Army’s Environmental Command, told residents that the highest sample of PFOA and PFOS found in groundwater was 19.5 parts per trillion.

    The Army’s full dataset shows, however, that they tested for as many as 14 PFAS compounds, and that in the same sample that showed 19.5 parts per trillion of PFOA and PFOS, they detected notable amounts of four other PFAS compounds. The summed-total concentration is over 82 parts per trillion. Two of these previously undisclosed compounds — PFHpA and PFHxs — are regulated through a summed-concentration formula (combined with PFOA and PFOS) in Connecticut, Massachusetts and Vermont.

    "There should have been full disclosure here," said Olah. She recently obtained the full data from the Army after requesting it because she could not attend the November meeting when it was discussed. She then published it on CSWAB's website.

    Wisconsin Public Radio has confirmed the dataset’s authenticity with Cathy Kropp, an environmental public affairs specialist with the U.S. Army Environmental Command.

    "The Army released the information about the sampling results to the community for the two PFAS with lifetime health advisory levels, PFOA and PFOS, at the November RAB (Restoration Advisory Board) meeting," Kropp said.

    Kropp said the Army is working on a report detailing the full results, but that it is delayed until the fall because, once preliminary results showed the PFOA and PFOS levels beneath the EPA’s health advisory, the Badger Army Ammunition Plant became a lower priority.

    "The Army’s first priority is to ensure humans are not drinking water above the EPA’s lifetime health advisory. We have had to prioritize our efforts across the nation and focus on those installations where a known or suspected release of PFOA or PFOS has occurred," she said.
    

    Olah maintains that the Army should have disclosed the full results of PFAS detection during the November meeting, not solely the ones addressed by the EPA’s advisory.

    "We should have been provided with complete information. We’re the people drinking the water. It’s affecting our property, our families. They have no right to edit what information we have access to and not," Olah said. "Everybody left our public meeting understanding there was not a problem, and the information provided was incomplete."

    Olah says the higher summed-concentration of the six PFAS compounds provides "a stronger basis" for testing nearby drinking wells, which her organization has requested.

    The Army has no current plans to test the wells surrounding Badger, Kropp said.

    "Our decisions all have to be risk-based," she said, adding that per the EPA’s current standard of 70 parts per trillion for individual or combined PFOA and PFOS, the tests around Badger have not shown a health risk.

    But Olah says her organization is seeking formal opinions from state officials about whether or not the levels of the additional PFAS compounds found around the defunct ammunition plant are safe or not.

    CSWAB submitted letters to both the DNR and DHS explaining the situation this week. The group asked DHS for the "safe health-based numerical threshold (concentration) for all of the detected PFAS compounds combined and individually at Badger," and asked the DNR whether or not it recommends the testing of wells beyond the plant’s property.

    Members of the public will have a chance to ask state and Army officials questions regarding PFAS contamination around Badger next week. On March 20, the Army will hold its next Restoration Advisory Board meeting at the River Arts Center in Prairie du Sac. Kropp said they will discuss the full PFAS results.

    https://www.wpr.org/confusion-remains-over-pfas-regulation
    

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11. Treatment Technologies for PFAs in Industrial Water

    Mar 12, 2019 | Water Tech Online

    By Joseph Cotruvo

    Perfluoalkyl chemicals are organic chemicals whose hydrogen atoms have been replaced by fluorine. Polyfluoroalkyls have had many of the hydrogens replaced by fluorine. More than 4,000 perfluorinated and polyfluorinated substances (PFAS) have been produced since they were developed in the 1940s. More than 1,000 are listed in the U.S. Environmental Protection Agency’s (EPA) Toxic Substances Inventory of commercial chemicals. 

    Fluorination introduces many unusual and useful properties. The chemical, or at least part of it, becomes hydrophobic (repelled by water), whereas other parts, such as a carboxylic acid unit, become more ionic and water soluble. The carbon-fluorine bond is resistant to hydrolysis and other chemical processes and biological degradation, so those chemicals are not readily metabolized after ingestion and are stable in the environment and not removed by standard decomposition mechanisms. Thus, they can be detected in water and soils for many years after they have been introduced. They may also have unusual toxicological properties, partly because they will not be metabolized or eliminated rapidly and will accumulate in the person or animal that has ingested or inhaled them. For these reasons, fluorinated chemicals have become objects of major international regulatory interest aimed at preventing their introduction into the environment and their removal when they are detected in media like food or water.

    Their chemistry provides many unique properties and applications. Perfluorocarboxylic acids like perfluorooctanic acid (PFOA) are surfactants with uses in firefighting foams, for example; Teflon is polytetrafluoroethylene with well-known water-repellant and nonstick properties; and water-repellent products are widely used as a soil repellant on fabrics. Some PFASs found in the environment result from disposal of production waste byproducts, and some are from degradation from higher molecular weight perfluorocarbons. The half-life of perfluorooctanesulfonic acid (PFOS) in humans is about 5.4 years, PFOA about 2.3 years, and for perfluorobutanesulfonic acid (PFBS) — a substitute — it is about one month. GenX, a substitute for PFOA, is a hexafluoropropylene oxide-dimer acid that was first reported in North Carolina’s Cape Fear River in 2015, and it has been found in the drinking water for 200,000 people downstream from the manufacturing site.

    PFAS product and exposure sources

    PFOS is or has been used as a water or stain-proofing agent in carpets, paper packaging, aqueous film forming foam and coating additives. Presence in food can be substantial; studies of commercial fresh fish in Italy reported PFOS at up to 1896 ng/kg (mean value of 627 ng/kg) and PFOA at 487 ng/kg (mean value of 75 ng/kg). Note: ng/kg = nanograms/kg = parts per trillion (ppt). 

    There are numerous examples of PFAS chemicals found in groundwater drinking water sources. Most of these are near parts-per-trillion levels, but some have been at parts-per-billion levels. PFAS chemicals are or were widely used in food packaging, even popcorn bags; the shorter chain chemicals are still approved by FDA. EPA’s 3rd Unregulated Contaminant Monitoring Rule report in 2018 collected data from almost 4,800 public water supplies that included all large, mostly surface water supplies and about 800 smaller, mostly groundwater supplies and reported 91 with PFOS above 20 ppt and 107 with PFOA above 40 ppt. 

    Studies of U.S. human blood in 1999 and 2004 detected PFOS, PFOA or other perfluoros in virtually 100 percent of the population. Mean values were 5.21 µg/L (micrograms/liter) PFOA and 30.4 µg/L PFOS. By 2012, these were reduced to 2.08 µg/L and 6.31 µg/L respectively, reflecting stewardship phase-outs and controls instituted by EPA in 2010. Workers at a manufacturing plant had mean serum levels of 1760 µg/L PFOA and 1320 µg/L PFOS. People in the vicinity had 83.6 µg/L mean values of PFOA.

    EPA issued revised health advisories for PFOA and PFOS combined at 70 ppt and concluded that adverse health effects would not occur over lifetime exposure at those levels. However, several states have been producing their own standards or guidance as low as 10 ppt.

    Water treatment technologies for PFAS compounds

    Because of their properties, diversity, numbers and usually low ppb and ppt environmental presence, the PFASs present a significant analytical and treatment technology challenge. Water treatment technologies for low-level concentrations include: granular and powdered activated carbon, membrane filtration, anion exchange and possibly advanced oxidation. 

    There are several conventional technologies that have been applied to removing PFAS compounds from water. They may be more or less effective, but they are challenged because of the low concentrations found in ambient waters and the low concentration targets that have been evolving for wastewater and drinking water. As usual, benchtop or pilot studies are necessary to determine the appropriate design considerations including pretreatments for any particular water.

    Coagulation

    Polymeric coagulant aids, particularly cationic polymers, should have some variable efficacy as part of a pretreatment process, at least for the acidic PFAS compounds like PFOA and PFOS. There would be some level of cation/anion complexing, as well as hydrophobic absorption of the nonpolar part of the molecules and the coagulation polymer.

     Activated carbons

    Activated carbon, particularly certain granular activated carbons (GAC), are capable of removing longer chain PFOS compounds. There are differences between various types of GAC for efficacy and capacity. Removal rates above 90 percent with end water concentrations at very low ppt and no detectable levels have been reported, with usually longer-than-typical empty bed contact times and fairly frequent bed replacements. As usual, the water composition and presence of competitive adsorbers will have an impact on the outcomes and economics of particular waters. Certain powdered activated carbons (PAC) may also have applicability for short-term use for spills or in combination with coagulation processes. PACs may have higher adsorption capacities than equivalent GACs. All of the nondestructive technologies generate problems for disposal of the spent materials and concentrates that are generated.

    Anion exchange processes

    Anion exchange resins are capable of removing several perfluorocarbon anions at high efficiencies and with small footprints and space requirements. The resins can be regenerated in place, which offers an advantage to their use. The brine produced by the regeneration process requires containment and proper disposal or decomposition. Some waters will require pretreatment because there are competitive water composition factors, including other anions that will affect the removal efficiencies. 

    Membrane processes

    Reverse osmosis (RO) and nanofiltration (NF) are generally effective for removing PFAS compounds. Reverse osmosis has achieved better than 99 percent removals of PFOS and PFOA from drinking water and 90 percent removal from some wastewater. Nanofiltration has higher throughputs but would likely be less effective than RO for lower molecular weight chemicals. Both require pretreatment in many applications but perhaps not much when applied to otherwise high-quality groundwater. Both will generate reject water with accumulated PFAS chemicals that require proper disposal. Reject water volumes may range from about 5 to 25 percent of the input, depending upon the water composition, specific membrane and design and operating pressures.

    Advanced oxidation processes

    Oxidation by ozone or chlorine would not be efficacious for decomposing PFAS compounds because of the high stability of the C-F chemical bond. Advanced oxidation processes (AOP) are used in some common wastewater treatment processes to remove trace organic chemicals. They use processes that generate hydroxyl radicals that are much more aggressive than other oxidizing chemicals. However, they are still not highly effective when dealing with C-F chemical bonds. Removal rates as low as 10 percent have been reported, but other studies have achieved up to 50 percent in some conditions. However, AOP is indiscriminate and requires water that has been highly purified to remove competing (usually natural) chemicals that are much more susceptible to oxidation than PFAS chemicals and are usually present in much greater concentrations. So, AOP is not likely to be cost-effective for removal of most of the highly stable fluorinated organic chemicals. 

    EPA Action Plan for PFAS

    EPA recently issued an Action Plan to address these fluorinated compounds with all of the legislative authorities and resources that it can access. Most of the current activity has focused on PFOA and PFOS because they have a long history of use in numerous products, and they have long elimination half-lives. However, numerous additional fluorinated compounds have also been in use and are being detected in water and food, so the plan will also address the broader spectrum.

    The plan includes: making a regulatory determination for a drinking water standard by the end of 2019, along expanded analytical methods, an interim groundwater cleanup standard, toxicity assessments for GenX and PFBS and collecting additional monitoring and product composition data. In 2020, additional risk assessments and an Unregulated Monitoring Rule (UCMR) will be proposed. Ambient Water Quality Criteria will be considered in 2021 under the Clean Water Act.

    Conclusion

    Perfluorinated chemicals will be subject to studies, risk assessments, possible regulations and data collection under several statutes, so product- and waste-reduction practices should be considered immediately to reduce any potential consequences. Many states have adopted the EPA Health Advisory or lower values. It is undecided whether the PFAS issue requires a national drinking water maximum contaminant level under the Safe Drinking Water Act specifications. 

    There are EPA Health Advisories in place, and they are essentially Maximum Contaminant Level Goals (MCLG). However, the critical element for understanding drinking water health and economic impacts of a potential national standard should generate an immediate shortcut effort to obtain drinking water data for PFAS chemicals from all groundwater supplies. Issuing a proposal for a UCMR in 2020 will not generate essential information for at least three to five more years. 

    https://www.watertechonline.com/treatment-technologies-pfas-industrial-water/
    

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12. Chemical Regulation Concerns Remain as Brexit Nears

    Mar 12, 2019 | Plastics News

    By Sarah Houlton

    With three weeks until the United Kingdom's deadline to separate from the European Union, significant concerns remain about its  ability to maintain a chemical trade.

    Robin Teverson, a member of Parliament and chairman of the House of Lords' EU Energy and Environment subcommittee, says that  the government may not have prepared regulations, or properly resourced the regulatory agency for its work after Brexit.

    "We are a mere three weeks away from potentially having to regulate chemicals for ourselves.  As far as we can tell we have with neither a functioning database nor a functioning regulator. The government is risking people’s safety, not to mention the viability of the UK’s chemicals sector, by not being adequately prepared," Teverson said.

    The committee has been corresponding with the U.K.'s Department for Environment, Food and Rural Affairs (Defra) to find out whether a U.K. chemical database will be ready and tested on Brexit day.

    It has listed several concerns, based on the Defra Minister Therese Coffey's latest letter, that the publication of the legislation that would require a U.K. chemical regulation regime post-Brexit, and new guidance from the European Chemicals Agency.

    First, some chemical safety tests may need to be redone post Brexit. This will increase costs to business and reduce the number of chemicals available in the U.K.. This would also increase the amount of animal testing.

    Second, the minister has not confirmed that the U.K.’s own database of authorized chemicals will be ready in time. Neither has she explained what the government’s contingency plan is if the database is not ready.

    Furthermore, some companies are unaware of the government’s plans for chemical regulation post-Brexit. It is unclear whether the Health and Safety Executive will have sufficient resources to effectively regulate the U.K.’s chemicals sector.

    https://www.plasticsnews.com/article/20190312/NEWS/190319163/chemical-regulation-concerns-remain-as-brexit-nears?CSAuthResp=1%3A673713041774434%3A284601%3A38%3A24%3Aapproved%3A9FEA8E133372440CEF69265F3E6ABCB0
    

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Energy News

13. Senate Panel Votes to Ban Some Forms of Fracking

    Mar 12, 2019 | AP (In E&E - Greenwire)

    By Curt Anderson

    Some forms of hydraulic fracturing would be banned in Florida under a bill that cleared a state Senate committee yesterday, with environmental groups and other opponents contending a major loophole could still threaten water supplies and the state's fragile ecosystem.

    The legislation was approved 3-2 by the Senate Agriculture Committee, with both Democrats voting against it. Only New York, Vermont and Maryland have enacted bans on fracking, which uses high-pressure liquids to create cracks in underground rock to allow pockets of oil and gas to flow freely.

    Environmental groups and other opponents say the Florida fracking bill would still permit exploration using acids that dissolve rock and could contaminate crucial groundwater supplies.

    "This is a risky proposition," said state Sen. Kevin Rader, a Boca Raton Democrat. "I don't understand why we are taking chances."

    Supporters say the technique — formally known as matrix acidizing — has been used for decades to clean out or restore wells in Florida without damaging the environment or contaminating water supplies.

    "The fact is, we have to have that production. Florida has very limited resources as far as what's in the ground," said Republican state Sen. Doug Broxson of Pensacola. "Let's don't interrupt what we've done right."

    Environmental groups say allowing this fracking method essentially amounts to no ban at all.

    "You can't call it a ban unless it bans all forms of fracking," said Kim Ross, executive director of Rethink Energy Florida.

    Most oil and natural gas in Florida is produced in the northwestern and southern parts of the state. Production peaked at 47 million barrels in 1978 but has since dropped to 2 million barrels in 2017, according to a Senate staff analysis. As of last year, there were 57 active wells in the state.

    Other fracking ban bills are pending in the House and Senate, including one by Democratic Sen. Bill Montford of Tallahassee that would ban all forms of the practice.

    "I think we need to put a stake in the ground and say no to fracking," Montford said, adding that the issue is "at the core of the future of this state, and that is the preservation of our natural resources including water."

    https://www.eenews.net/greenwire/2019/03/12/stories/1060127031
    

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14. Wheeler Promotes 'Cleaner' US Fossil Fuel Exports

    Mar 12, 2019 | Inside EPA

    EPA Administrator Andrew Wheeler is urging other countries to buy U.S. fossil fuel exports, arguing the fuels are “cleaner” than alternatives purchased in other countries because domestic environmental standards are generally stronger.

    “What the U.S. offers the world in terms of energy is our fossil fuels are extracted in a more environmentally conscious manner than anywhere else in the world," Wheeler said during a March 11 speech at the annual CERAWeek energy conference in Houston.

    He added: “If Europe wants to buy natural gas on the market place we produce our natural in a much cleaner way than Russia, for instance.”

    Criticizing environmental groups that want to transition away from fossil fuels, Wheeler charged that step would not only be “dangerous for energy security and the national economy, it would be devastating for public health both here and abroad.”

    Critics took a dim view of Wheeler's argument, noting that the Trump EPA's suite of environmental rule rollbacks are making domestic fossil fuels dirtier. For example, the agency has proposed to significantly weaken methane standards for oil and gas production, steps that will boost emissions of both the potent greenhouse gas as well as smog-forming pollutants.

    “I would laugh at his claim if his actions weren't so damaging to human health,” Luke Metzger of Environment Texas told the Houston Chronicle.

    Wheeler's remarks also fail to address the fact that domestic fossil fuels have essentially the same GHG footprint as their foreign counterparts, and that major scientific reports released in the past several months have called for aggressive action to limit carbon emissions to stave off the worst effects of climate change.

    https://insideepa.com/daily-feed/wheeler-promotes-cleaner-us-fossil-fuel-exports
    

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15. EPA Chief Tells World to Buy "Cleaner" American Energy

    Mar 12, 2019 | Houston Chronicle

    By James Osborne

    EPA Administrator Andrew Wheeler claimed Monday that U.S. fossil fuels were "cleaner" than those from other countries, encouraging foreign customers to buy American oil, coal and natural gas.

    He said domestic environmental laws on energy production were tougher than other countries, attempting to marry increasing awareness around climate change with the Trump administration's ambitions to expand U.S. energy exports.

    "What the U.S. offers the world in terms of energy is our fossil fuels are extracted in a more environmentally conscious manner than anywhere else in the world," he said at the CERAWeek by IHS Markit energy conference in Houston. "If Europe wants to buy natural gas on the market place we produce our natural in a much cleaner way than Russia, for instance."

    Wheeler's appearance comes as pressure is intensifying on the Trump administration to take steps to reduce greenhouse gas emissions. So far, Wheeler and other administration officials have downplayed the urgency of addressing climate change.

    Wheeler, a longtime Washington lobbyist whose clients included the coal sector, took direct aim at Democrats pushing the so-called Green New Deal, which aims to shift the U.S. energy sector and economy away from fossil fuels.

    "There are a few loud voices calling for the dismantling of the U.S. fossil fuel production," Wheeler said. "Not only would this be dangerous for energy security and the national economy, it would be devastating for public health both here and abroad."
    

    Climate scientists maintain that reducing global consumption of fossil fuels is essential to avoiding the worst consequences of climate change. A report by the United Nation's International Panel on Climate Change last year said without significant reduction in greenhouse gas emissions as soon as 2040 countries could begin to see devastating side effects like food shortages and inundated coastlines.

    Luke Metzger, director of the advocacy group Environment Texas, criticized Wheeler for playing on public fears while, "working to overturn numerous safeguards for health on everything from mercury in our water to soot in our air."

    "I would laugh at his claim if his actions weren't so damaging to human health," he said.

    Asked by CERAWeek moderator Daniel Yergin whether environmental issues had become more politicized since his first stint in the EPA as an attorney in the 1990s, Wheeler said they had.

    "That's a shame because we're doing a lot of positive things on the environment," he said. "The environmental issue has turned into a large campaign issue and a large moneymaker for campaigns."

    https://www.chron.com/business/energy/article/EPA-chief-tells-world-to-buy-cleaner-American-13679797.php
    

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16. ANWR Drilling Critics Hidden from Public — Report

    Mar 12, 2019 | E&E - Greenwire

    By Kelsey Brugger

    Newly leaked Interior Department documents raise questions about the environmental review of oil drilling in the Arctic National Wildlife Refuge's coastal plain.

    The documents show that federal scientists drafted 18 memos detailing the environmental "unknowns" of drilling in the Arctic refuge, according to Public Employees for Environmental Responsibility (PEER), which recently obtained the documents and published them today.

    PEER charged that those documents have been excluded from public view and not released in accordance with Freedom of Information Act (FOIA) requests filed by advocacy groups. The advocacy group has petitioned the Interior Office of Inspector General to review the matter.

    "These memos were treated as if they did not exist," said Tim Whitehouse, the new PEER executive director and a former EPA attorney. "The Trump administration apparently does not want to admit that it is flying blind in opening one of the most sensitive places on the planet to petroleum development."

    In December, the Trump administration released its draft environmental review for a potential oil and gas lease sale on the refuge's 1.5-million-acre coastal plain. The agency has held eight public hearings on the proposal; the public comment period ends tomorrow (Energywire, Feb. 13).

    Those memos were drafted last year and covered a wide range of work by government scientists, including on soils, permafrost, wetlands, climate, air quality, oil spills and various species in the area, including the populous caribou herd. They covered topics that were both "extensive" and "of major significance," PEER said.

    Interior officials did not immediately respond to requests for comment.

    PEER also charged the agency with intentionally excluding scientific work from the draft environmental assessment.

    "Our sources are concerned," Whitehouse said, alleging that that could be a violation of the National Environmental Policy Act, making the draft environmental impact statement (DEIS) legally vulnerable.

    PEER is an organization of federal employees who work on environmental issues. It has for decades exposed alleged wrongdoing at agencies and protected whistleblowers.

    Whitehouse said the large number of government employees participating in the Arctic refuge environmental review makes them nearly impossible to overlook. The employees work for the Bureau of Land Management as well as the Fish and Wildlife Service.

    "We believe that they were deliberately withheld both from the DEIS process and from FOIA requests to which these memos would have been directly responsible," he said.

    https://www.eenews.net/greenwire/2019/03/12/stories/1060127067
    

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17. Senators Call for Truce on Climate Change

    Mar 12, 2019 | Houston Chronicle

    By James Osborne

    After years of bitter stagnation in the Senate on climate change, a leading Republican and a leading Democrat are calling for a truce.

    Senators Lisa Murkowski, R-Alaska, and Joe Manchin, D-W.V., speaking at the CERAWeek by IHS Markit energy conference in Houston Monday, said climate politics had become so divisive that constructive debate had become all but impossible in Washington.Recommended Video

    They pointed to Senate Majority Leader Mitch McConnell's plan to put Democrats' Green New Deal proposal to a vote, widely viewed as an attempt to show dissension within the Democratic ranks.

    "That's the real problem. We spend the time to put you in a corner here and you in a corner there, to draw the lines even further," Murkowski said. "We should be coming together."

    The pair, who occupy the top spots on the Senate Energy and Natural Resources Committee, recently wrote an op-ed in the Washington Post calling for bipartisan legislation to grow clean energy technology.
    

    "The United States is at the forefront of clean-energy efforts, including energy storage, advanced nuclear energy, and carbon capture, utilization and sequestration," they wrote. "We are committed to adopting reasonable policies that maintain that edge, build on and accelerate current efforts, and ensure a robust innovation ecosystem."

    Support for such an idea has steadily been building among centrist Republicans and Democrats, who express concern for climate change but maintain a fast change to renewable energy like proposed in the Green New Deal is not feasible.

    "I have people that would like to eliminate the energy sources we use. I would rather innovate," Manchin said. "The markets will move."

    https://www.chron.com/business/energy/article/Senators-call-for-truce-on-climate-change-13680402.php
    

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Chemical Security News

18. Chemical Safety Board Asks for More Money, Not Closure

    Mar 12, 2019 | BNA Daily Environment Report - Occupational Safety

    By Sam Pearsonhttps://news.bloombergenvironment.com/safety/chemical-safety-board-asks-for-more-money-not-closure

    The U.S. Chemical Safety and Hazard Investigation Board says it needs a funding boost, rather than the elimination the White House reportedly will again propose.

    The board, with an annual budget of $12 million, is facing proposed closure under the White House Office of Management and Budget’s spending proposal for the third straight year.

    To the contrary, the board needs $12.451 million in fiscal year 2020 to make needed staff and infrastructure investments, it said in a budget request released...

    Subscription required for full article...

    https://news.bloombergenvironment.com/safety/chemical-safety-board-asks-for-more-money-not-closure
    

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19. Are New United States Regulations Coming for Accidental Releases into Air?

    Mar 12, 2019 | HazMat Management

    By Louis A. Ferreira, Willa B. Perlmutter, and Guy J. Thompson

    On February 4, 2019, a federal court ruled that the U.S. Chemical and Safety Hazard Board must issue regulations within one year that set forth reporting requirements for accidental releases of hazardous substances into the ambient air. This requirement has been part of the Board’s statutory mandate since its inception in 1990 pursuant to Section 112(r)(6)(C)(iii) of the Clean Air Act (“CAA”). Nevertheless, the Board has never issued any such regulations.

    Four non-profit groups and one individual filed a one-count complaint against the Board, seeking declaratory relief and an injunction to compel the Board to promulgate reporting requirements as required by the CAA. Plaintiffs claimed that the Board had violated the Administrative Procedure Act by not issuing any regulations. Plaintiffs further asserted the lack of reporting requirements have impaired their respective abilities to collect information that would help prevent future releases and the harm caused from such releases.

    The United States District Court for the District of Columbia agreed with the plaintiffs and ruled that the Board must issue regulations within one year. In reaching its decision, the Court rejected the Board’s defenses that the delay in promulgating regulations was reasonable given the Board’s limited resources, small staff size, and other required functions. “[I]f that is the case,” the Court said, “the solution to its resource constraints is not to ignore a congressional directive[,] [i]t is to return to Congress and ask for relief from the statutory requirement.” The case is Air Alliance Houston, et al. v. U.S. Chem. & Safety Hazard Investigation Bd., D.D.C., No. 17-cv-02608, February 4, 2019.

    The Court’s decision appears to follow a similar one issued in August 2018 in which some of the same plaintiffs brought a complaint against the U.S. Environmental Protection Agency. In that case, the plaintiffs petitioned the D.C. Court of Appeals for review of the EPA’s decision to delay for 20 months the effective date of a rule designed to promote accident safety and enhance the emergency response requirements for chemical releases. The Court rejected all of EPA’s defenses justifying the delay in a strongly-worded opinion that held the agency strictly to the letter of the CAA. That case is Air Alliance Houston, et al. v. EPA, 906 F.3d 1049 (D.C. Cir. 2018).

    The same directness is evident in this recent decision.

    Ultimately, the practical effect of the ruling is not clear. There are already laws in place that require companies to report accidental releases to state and federal authorities. It is possible the Board will promulgate regulations that align with its current practice of deferring reporting requirements to other agencies. If the Board took that approach, there likely would not be a noticeable difference in reporting requirements from the current practice.

    On the other hand, the two recent decisions discussed above suggest that a trend may be forming in which the courts are pushing back when the government steps off its clear statutory path.

    http://hazmatmag.com/2019/03/are-new-united-states-regulations-coming-for-accidental-releases-into-air/
    

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Transportation and Infrastructure News - There are no clips to report at this time.

Environment News

20. Wheeler to Address Employees

    Mar 12, 2019 | E&E - Greenwire

    By Kevin Bogardus

    EPA Administrator Andrew Wheeler will address agency employees this Thursday.

    Wheeler invited EPA staff to attend in person or watch online his speech at 1 p.m. Thursday from the Map Room in headquarters, according to an internal email obtained by E&E News.

    "I will address all EPA employees to celebrate the progress we have made and discuss how we can continue to improve the core functions of the Agency," he said in the email today.

    Wheeler, who was confirmed by the Senate last month, said he is honored to serve as the head of EPA.

    "I'm proud of what we have already accomplished together, including issuing the Agency's first-ever PFAS Action Plan, providing greater regulatory certainty to the American public, and making significant progress cleaning up contaminated sites around the country," he said in the email.

    Wheeler also addressed employees this past July after he became EPA's acting administrator. Then deputy administrator, he had taken charge after Scott Pruitt resigned in the wake of ethics allegations.

    In that speech, which reporters also attended, Wheeler praised career EPA employees and sought to minimize the stress of the leadership change at the agency (E&E News PM, July 11, 2018).

    EPA press officials didn't immediately respond to E&E News when asked whether Wheeler's address Thursday will be open to press.

    https://www.eenews.net/greenwire/2019/03/12/stories/1060127071
    

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21. Watchdog Amps up Call for Wheeler Lobbying Probes

    Mar 12, 2019 | E&E - Greenwire

    By Corbin Hiar

    A left-leaning watchdog group escalated its calls today for investigations of EPA chief Andrew Wheeler and his former lobbying firm.

    In a follow-up complaint sent to the clerk of the House, the secretary of the Senate and — for the first time — the U.S. attorney for the District of Columbia, the Campaign for Accountability (CfA) requested investigations of potential violations of lobbying laws and statements made to the federal government by Wheeler and Faegre Baker Daniels Consulting, where he worked prior to joining EPA.

    At issue is lobbying Wheeler and Faegre did for Energy Fuels Resources Inc. regarding the hotly disputed boundaries of the Bears Ears National Monument. The company owns a uranium mine inside the original boundaries of the Utah monument and the nation's only uranium processing mill just outside of it.

    The firm acknowledged just last year that Wheeler lobbied the Interior Department in July 2017 after CfA filed a complaint with congressional officials, citing reporting by The Washington Post(E&E News PM, Sept. 4, 2018).

    Sent a day before the House Natural Resources Committee is set to review the Trump administration's decision to shrink Bears Ears, CfA's latest complaint centers on more previously undisclosed lobbying by Wheeler, this time uncovered by Roll Call (E&E Daily, March 11).

    The newspaper found Wheeler had first contacted Interior on behalf of Energy Fuels in March 2017, before the department had formally begun its monuments review.

    That lobbying didn't appear in second-quarter 2017 lobbying disclosures Faegre initially filed in July 2017 or amended filings in August 2017 or August 2018.

    "Faegre Baker Daniels Consulting and Andrew Wheeler committed serious violations of the Lobbying Disclosure Act by failing to disclose lobbying contacts they made with a covered executive branch official at the Interior Department in connection with their successful effort to change the boundaries of the Bears Ears National Monument for the commercial benefit of Energy Fuels Resources, Inc.," CfA Executive Director Daniel Stevens wrote in the complaint.

    "Therefore, CfA respectfully requests that you initiate an investigation and take all appropriate action to ensure compliance with the Act ... and determine whether Faegre Baker and Mr. Wheeler intentionally submitted erroneous reports," said Stevens, who previously worked for former Sen. Tom Harkin (D-Iowa).

    It's unclear whether the House clerk or Senate secretary have taken action on CfA's past complaints. Representatives of the officials didn't immediately respond to requests for comment.

    Bill Miller, a spokesman for the U.S. attorney in D.C., said the office "has no comment on the request."

    Lobbying violations are punishable by a fine of up to $200,000 per violation or up to five years in prison, although few are ever prosecuted. There have been only nine known lobbying enforcement cases since 1995, none of which led to jail time, according to a November 2017 blog post by the law firm Holland & Knight LLP.

    Running afoul of the False Statements Accountability Act, as CfA alleges Wheeler and Faegre have done, can also lead to prison sentences of up to five years.

    Meanwhile, EPA defended Wheeler's past work with the uranium company.

    "Acting Administrator Wheeler has been very transparent concerning his work with Energy Fuels Resources, even discussing this during his confirmation process," spokesman Michael Abboud said in a statement. "He has consistently worked to comply with the Lobbying Disclosure Act; this particular matter involving Energy Fuels Resources and Bears Ears National Monument does not impact his work at EPA as this is not an agency-related issue."

    Wheeler's former firm, however, suggested it may have to update its second-quarter 2017 filings for a third time.

    "Faegre Baker Daniels is conducting a detailed records review and will amend [Lobbying Disclosure Act] reports as appropriate," spokeswoman Marylee Moore said in an email.

    https://www.eenews.net/greenwire/2019/03/12/stories/1060127073
    

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22. Ewire: Wheeler Confirms EPA Will Preempt California Vehicle Rules

    Mar 12, 2019 | Inside EPA

    EPA chief Andrew Wheeler is confirming that the agency will preempt California and other states from regulating vehicle greenhouse gases when the agency and the Transportation Department (DOT) finalize a joint rollback of Obama-era GHG and fuel economy standards.

    “In order to have a 50-state solution, we have to take care of the waiver,” Wheeler told the Washington ExaminerMarch 11 on the sidelines of the CERAWeek energy industry conference in Houston. "There probably will be legal action. We can't stop that from happening. We hope it will be wrapped up rather quickly."

    Further, he said that the Trump administration will not re-start efforts to reach a compromise with the Golden State on changes to the standards. “At this point, we have to move to finalize,” he said. “We don't have time to move to reopen [negotiations]. We tried to work with California, but we were just not able to. In California, politics was playing the bigger hand than the policy.”

    Wheeler's remarks are not necessarily surprising, given that the White House late last month publicly broke off any negotiations with California, which currently enjoys a waiver of federal preemption under the Clean Air Act to enforce its own GHG rules for vehicles. Other states can then copy California's rules under the air law.

    His comments are the first direct confirmation that EPA and DOT will seek to finalize their plan to preempt that authority, though state officials and other supporters of strong standards have expected such a step.

    As Wheeler acknowledged, high-profile litigation is a virtual certainty after EPA finishes its rule -- potentially in May or June.

    However, many stakeholders are bracing for a protracted legal battle, rather than Wheeler's hope of a suit that ends “rather quickly.”

    The litigation poses major risks for the auto sector. Even if EPA and DOT's rollback of federal standards were to survive court review, a scenario in which courts scrap the rule's preemption provisions would force the standard to comply with two separate sets of GHG rules -- one for the third of the new auto market covered by California and its allies, and another for the remainder of the country.

    https://insideepa.com/daily-feed/ewire-wheeler-confirms-epa-will-preempt-california-vehicle-rules
    

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23. EPA Head Rules out Future Negotiations with California over Car Emissions

    Mar 12, 2019 | The Hill - E2 Wire

    By Miranda Green

    Newly confirmed EPA chief Andrew Wheeler blamed politics Monday is ruling out any re-opening of talks between the Trump administration and California over proposed changes to the federal vehicle emissions standard.

    Wheeler said the EPA has instead moved ahead with finalizing its proposed regulation, known as the Safer Affordable Fuel Efficient (SAFE) Vehicles rule.

    “At this point, we have to move to finalize,” Wheeler said in an interview with the Washington Examiner on Monday evening. “We don't have time to move to reopen [negotiations]. We tried to work with California, but we were just not able to."

    Speaking on the sidelines of the annual CERAWeek energy conference in Houston, Wheeler blamed the state’s politics for the failure to reach a deal over the rule revision, which California has staunchly rejected.

    “In California, politics was playing the bigger hand than the policy,” he said.

    The White House confirmed in late February that it was ending negotiations with California over proposed changes to the federal vehicle emissions standard.

    The EPA and Department of Transportation (DOT) declared in August that the heightened emissions standards set to take effect for cars built from 2021 and 2026 are unreasonable for both economic and safety reasons.

    The Obama administration set the standards in 2012. Th standards were set to rise from 2017 through 2026.

    After President Trump's election, his administration announced that it would be replacing the aggressive Obama-era standard, effectively stripping California of its ability to determine its own vehicle regulations for greenhouse gas emissions.

    California and the other states that now have an exemption to set their own higher emissions standards, have threatened to sue over the issue once EPA’s rule is finalized.

    On another front, Wheeler blasted the push by progressives for a Green New Deal, calling supporters “oblivious.”

    “Supporters of the Green New Deal, or plans like it, are not only oblivious to how far we’ve come, but also where we are headed,” Wheeler told an audience at a separate CERA panel.

    He added that the plan, which calls for a transition of the U.S. electric grid to 100 percent renewable energy use by 2030, would be dangerous for the economy.

    “There are a few, loud voices calling for the complete dismantling of U.S. fossil fuel production. Not only would this be dangerous for the economy and national security, but it would be devastating for public health – both here and abroad,” Wheeler said.

    https://thehill.com/policy/energy-environment/433672-epa-head-rules-out-future-negotiations-with-california-over-car
    

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24. NYC’s Small Businesses Want Congestion Pricing

    Mar 12, 2019 | Environmental Defense Fund

    By Andy Darrell

    Most people following New York City’s traffic and transit problems understand that more traffic and congestion is bad for air quality and commute times. And they know that the city’s buses and subway system need significant improvements to get people from here to there faster.

    The impact of New York City’s traffic and transit woes on small businesses, however, is often overlooked. New York City is teeming with small businesses that depend on quick, smooth and reliable transit for their employees and customers. The harder the commute, the more likely an employee will be late, or the easier it is for a customer to say “not today.”

    That’s why small business owners are some of the most enthusiastic supporters of congestion pricing.

    Congestion pricing is a simple concept: cars would be charged a fee once per day for traveling into the most trafficked parts of Manhattan. This would achieve two things. First, it would incentivize other transit options, like buses and the subway, and reduce overall street traffic. Second, the fee would generate more than a billion dollars a year that would be used to improve the city’s transit system.

    Environmental Defense Fund and other organizations are participating in the Fix Our Transit campaign to spotlight the benefits congestion pricing would bring to the city. As part of the effort, we shot several videos featuring local small business owners who – in their own words – explain how their businesses depend on good transit and how congestion pricing would help them, their employees and their customers.
    

    The videos feature:

    • Kate Davies, owner of YO BK yoga studio. Like many small businesses, Davies’ studios depend on reliable transit during off hours – before and after the traditional work day and on weekends. Today, the Metropolitan Transportation Authority (MTA) runs less off-peak service than it did a decade ago even though more people are riding during those hours. “Small businesses are one of the big reasons people like to live in New York. So prioritizing the way people are able to get to us actually impacts the whole city. The more great small businesses are in a neighborhood, the more valuable that neighborhood is.”

    • Natasha Saunders, owner of The Ritz Cleaning & Concierge and the Oxford Property Group. Saunders’ businesses rely on her employees and subcontractors using public transportation throughout the day. She noted how she had to change her strategic planning because of traffic. “We need to plan our business a little bit differently because we have to compensate for the time it’s going to take us to get to clients – the above-normal time it’s going to take us.”

    • Dudley Stewart, owner of The Queensboro restaurant in Jackson Heights. Most of Stewart’s customers arrive by bus, and bus routes and efficiency would benefit from the reduced traffic and increased transit funding congestion pricing would create. “We need to understand that people traveling by car and creating traffic and congestion is the exact opposite of what small business want. Congestion pricing is definitely one of the things we need to try. I’m a small business owner, and I love congestion pricing. That’s as simple as it is.”

    • Dominic Stiller, owner of Dutch Kills Centraal restaurant. Stiller explains how transit delays cost his employees time and his business money. Employees are often late, which means he has to schedule more hours. Congestion pricing would mean “the city moves quicker, the delivery of goods moves quicker. I’m itching for it to happen.”

    • Shunan Teng, owner of Tea Drunk in the East Village. Teng’s customers often tell her about their subway frustrations, and she worries that the subway system’s woes will hurt her business. She looks forward to the funding that congestion pricing will bring to the subway system and the reduced street traffic. “I think it will make everyone’s life easier.”

    There are many benefits to congestion pricing. Less traffic and pollution. More transit funding. Better commute times. But it’s important to remember that the small businesses we all love and depend on can’t succeed if our city doesn’t run smoothly.

    Congestion pricing is a smart, strategic solution that all New Yorkers should be excited about.

    http://blogs.edf.org/energyexchange/2019/03/12/nycs-small-businesses-want-congestion-pricing/
    

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