Preview Newsletter
PM ACC Clips Report - April 15, 2019
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Public Health Groups Renew Challenge to EPA Grant-Recipient Ban
Apr 15, 2019 | BNA Daily Environment Report
By Sylvia Carignan
Public health interest groups are again challenging former EPA administrator Scott Pruitt’s 2017 directive banning agency grant recipients from serving as agency advisers. The U.S. District Court for the District of Columbia dismissed... -
EPA Publishes PMN Receipts for November, December, January
Apr 15, 2019 | Chemical Watch
The US EPA received 41 pre-manufacture notices (PMNs) from November 2018 to January 2019, according to three Federal Register notices published on 10 April. Section 5 of TSCA requires notification when any person intends to... -
(ACC Mentioned) UN Talks Advance on Long-Term Global Chemicals Management
Apr 15, 2019 | Chemical Watch
By Leigh Stringer
UN negotiations, aiming to agree on how chemicals and waste should be managed globally after 2020, have made progress on specific objectives and ideas for financing activities. While little was formally agreed, the talks during the... -
Virginia Enacts Law Restricting Firefighting Foam with PFASs
Apr 15, 2019 | Chemical Watch
Virginia has passed a law to restrict the use of firefighting foams containing intentionally added per- and polyfluoroalkyl (PFAS) substances . The law will ban their use for training or testing purposes, with some exceptions... -
Microplastics Are Raining down from the Sky
Apr 15, 2019 | National Geographic
By Stephen Leahy
IN WHAT LOOKS like a pristine, remote mountain region, tiny pieces of plastic pollution were found raining down from the sky—raising questions about the global extent of plastic pollution—a first-of-its-kind study has found. -
Decisions to Authorise Uses of SVHCs Adopted by EU Commission
Apr 15, 2019 | Chemical Watch
By Luke Buxton
The European Commission has adopted decisions granting applications for authorised uses of substances of very high concern (SVHCs). Member states approved applications from two companies for conditional uses of the... -
NGO Platform: Regulating Substances as Groups
Apr 15, 2019 | Dr Ninja Reineke
By Dr Ninja Reineke
Dr Ninja Reineke, head of science at CHEM Trust, discusses opportunities for more effective chemicals risk management. Dr Reineke will address this issue at the Helsinki Chemicals Forum 23-24 May as part of a high-level -
(ACC Mentioned) WTAs: Support for President Donald J. Trump’s Executive Orders on Energy Infrastructure Development
Apr 15, 2019 | The White House - Energy and Environment
Governors - Gov. Mike Dunleavy (R-AK): “State of Alaska is thankful for @realDonaldTrump EOs recognizing need for robust energy infrastructure, regulatory reform, and unleashing America’s vast energy resources.” -
Warren Seeks to Block New Offshore, Public Land Drilling Leases
Apr 15, 2019 | BNA Daily Environment Report
By Derek Wallbank and Sahil Kapur
Elizabeth Warren released her plan for managing U.S. public lands, saying she would on day one as president “sign an executive order that says no more drilling -- a total moratorium on all new fossil fuel leases, including for drilling... -
Warren Unveils 2020 Plan to Stop Drilling on Public Lands
Apr 15, 2019 | The Hill - E2 Wire
By Miranda Green
Sen. Elizabeth Warren (D-Mass.), a 2020 Democratic hopeful, unveiled an ambitious proposal Monday aimed at protecting public lands and rolling back many of President Trump's environmental policies. -
Alaskan Oil Developers Face Technical Challenges to Exploit New Plays: Fuel for Thought
Apr 15, 2019 | S&P Global Platts
By Tim Bradner
As Alaska’s oil production declines, enormous attention is being paid to even the slightest hint of a find that could turn the state’s fortunes around. Much hope has been pinned on the development of the Nanushuk, a broadly-dispersed set... -
Most Americans Back Energy Agenda Supported by Oil and Gas, Survey Finds
Apr 15, 2019 | Natural Gas Intelligence
By Charlie Passut
Most Americans back an energy agenda that relies on domestic energy sources, including oil and natural gas, but support for the controversial Green New Deal is tepid, according to a survey released Thursday by the U.S. Chamber of... -
EPA Grants $1.2m to Help Clean up Petroleum Leaks
Apr 15, 2019 | AP (In E&E - Greenwire)
EPA has awarded a nearly $1.2 million grant to help Kentucky clean up petroleum contamination from leaking underground storage tanks. Last fiscal year, Kentucky officials reported 109 new confirmed discharges, 162 cleanups... -
Trump, Pelosi to Meet on Bipartisan Infrastructure Deal
Apr 15, 2019 | The Hill
By Zack Budryk
President Trump and House Speaker Nancy Pelosi (D-Calif.) are planning to meet in the near future to discuss a bipartisan infrastructure package, a White House spokesperson confirmed to the Washington Examiner.
Industry and Association News
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Environment News - There are no clips to report at this time.
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Public Health Groups Renew Challenge to EPA Grant-Recipient Ban
Apr 15, 2019 | BNA Daily Environment Report
By Sylvia Carignan
Public health interest groups are again challenging former EPA administrator Scott Pruitt’s 2017 directive banning agency grant recipients from serving as agency advisers.
The U.S. District Court for the District of Columbia dismissed the groups’ case in February after determining Pruitt’s directive was precluded from judicial review. The groups are appealing the court’s decision, according to a notice filed April 12.
Two former members of the agency’s Science Advisory Board and three public health interest groups initially argued in 2017 that Pruitt’s ban prevents qualified scientists and medical professionals from advising the Environmental Protection Agency.
The EPA’s Science Advisory Board reviews the quality of the scientific and technical information the agency uses to support regulations. The board also advises the the agency and its leadership in scientific matters related to hydraulic fracturing, drinking water, and cleanup methods, among other issues.
Physicians for Social Responsibility, the National Hispanic Medical Association, and the International Society for Children’s Health and the Environment are the groups that had sued the EPA in 2017.
The case is Physicians for Soc. Responsibility v. Pruitt, Dist. Ct. D.C., No. 1:17-cv-02742-TNM, 4/12/19.
https://news.bloombergenvironment.com/environment-and-energy/public-health-groups-challenge-epa-grant-recipient-ban-again
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EPA Publishes PMN Receipts for November, December, January
Apr 15, 2019 | Chemical Watch
The US EPA received 41 pre-manufacture notices (PMNs) from November 2018 to January 2019, according to three Federal Register notices published on 10 April.
Section 5 of TSCA requires notification when any person intends to manufacture or import a chemical substance for a non-exempt commercial purpose, either for the first time (PMN) or for a 'significant new use' (Snun) for substances subject to a significant new use notice. Submitters must provide the EPA with the appropriate information before initiating the activity; the agency reviews those notices, evaluates risk and takes appropriate action.
Under 2016 updates to TSCA, the EPA must publish a list of these submissions monthly. It will accept comments on the November-January submissions through 10 May.
November 2018
The EPA received 22 PMNs in November. The manufacturer's identity was withheld as confidential business information (CBI) on 12 of these.
The agency also notified that in November it received: test data in support of 15 previously submitted PMNs and of one Snun; and 13 notices of commencement (NOCs).
December 2018
The EPA received 14 PMNs in December, with 11 of these holding the manufacturer’s identity as CBI.
Over the course of the month, it also received:one Snun; test data in support of 16 previously submitted PMNs and of one Snun; and 10 NOCs and one amended NOC.January 2019
The January report covers a period during which the agency was largely shuttered due to the partial federal government shutdown that ended on the 25th of that month.
In the EPA’s notice, it specifies that it "approved" five PMNs, with a note indicating that this designation means the submission "passed a quick initial screen ensuring all required information and documents have been provided." The manufacturer's identity was withheld as confidential business information (CBI) on two of these.
The notice indicates that there were no NOCs during the month. The section on test data receipts repeats the information from December, apparently in error. The agency did not respond to a request for clarification by press time.
https://chemicalwatch.com/76316/epa-publishes-pmn-receipts-for-november-december-january
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(ACC Mentioned) UN Talks Advance on Long-Term Global Chemicals Management
Apr 15, 2019 | Chemical Watch
By Leigh Stringer
UN negotiations, aiming to agree on how chemicals and waste should be managed globally after 2020, have made progress on specific objectives and ideas for financing activities.
While little was formally agreed, the talks during the third meeting of the Open Ended Working Group (OEWG3) in Montevideo, Uruguay advanced a paper that will now move forward as the main text for further negotiations.
The OEWG gathered to discuss whether the UN’s global voluntary programme, the Strategic Approach to International Chemicals Management (Saicm), should continue beyond its 2020 mandate, evolve or be replaced with an alternative framework.
Although the text is still to be agreed, it incorporates aspects of a paper put forward by a number of regional and country delegations, including Africa and Latin America. This lists three "essential" financing components that, it says, will help achieve the goals and targets of the 2030 Agenda for Sustainable Development. These are:
-dedicated external financing – stakeholders should agree on establishing an international fund to implement the sound management of chemicals and waste, which should be accessible to all stakeholders and provide support to developing countries, in the form of grants, guarantees and loans;
-private sector involvement – companies throughout the value chain, and financial institutions, should increase their contributions to the implementation of sound chemicals and waste management. It adds that the private sector should also undertake further work to extend producer responsibility and public–private partnerships; and
-mainstreaming – countries should promote the sound management of chemicals and waste in national development plans, domestic budgets and relevant sector policies in order to receive appropriate financing from international funding mechanisms.
Speaking to Chemical Watch after the meeting, David Azoulay, environmental health programme director at the Centre for International Environmental Law (Ciel), said that although financing is always an integral part of the discussions, the fact that these ideas were put forward was "encouraging".
"The discussion around finance started coalescing. We are far from concluding this but this was a progressive step forward," he said.
Objectives and framework
The paper also puts forward objectives, which include improved data on chemicals, identifying and addressing issues of concern and establishing targets to achieve the objectives. Proposed targets have been set out in an appendix to the paper.
It was also agreed that, following a review of the UN’s Global Chemicals Outlook II report, which concludesthat Saicm’s goal of achieving sound chemicals management by 2020 will not be achieved, "urgent and resolute action" at all levels is needed and, to ensure this, an improved "enabling framework" must be established.
"Such an improved framework should particularly address lifecycle approaches and the chemicals-product-waste interface; as well as materials, such as plastics, and the minimisation, and where feasible prevention, of hazardous substances in material cycles," the paper says.
Speaking on behalf of the International Council of Chemicals Associations (ICCA), Anastasia Swearingen, director of global affairs at the American Chemistry Council, who attended the meeting, told Chemical Watch that while there was no real agreement on how such a framework should be structured, or whether there is a need for a separate structure from Saicm, there was agreement that more ambition and commitment is required. The ICCA's position during these discussions include its opposition of a legally-binding global agreement, as well as the idea of developing a global substance information database.
Overall, the need for a long-term, strengthened, cross-cutting and holistic approach emerged as a common view, said Saicm secretariat project manager Brenda Koekkoek. Stronger involvement of all relevant stakeholders through a successor to Saicm and a possible broader model were also raised. This, she said, will be deliberated further at upcoming meetings of the intersessional process.
Next steps
The outcomes of this meeting, and the paper, will be used as a basis for negotiations at the third meeting of the intersessional process, taking place from 30 September to 4 October in Bangkok, Thailand. Romania formally offered to host the fourth intersessional process meeting in early 2020.
Uruguay's Judith Torres, international environmental affairs officer in the ministry of housing, planning and environment (MVOTMA), was appointed co-chair of the intersessional process, alongside Canada’s David Morin. Ms Torres replaces Leticia Reis de Carvalho, Brazil’s former director of the environment ministry’s department of environmental quality in industry.
In the run up to next year’s International Conference on Chemicals Management (ICCM5), where a post-2020 framework will be decided, the following activities will take place: the co-chairs will review additional measures to achieve multisectoral engagement and elaborate on considerations of issues of concern; the secretariat has been asked to prepare a report containing examples of successful mechanisms for cost recovery and implementation of the ‘polluters pay’ principle for the financing of risk management and risk reduction activities at the national level – and to develop a proposal for a "resource mobilisation" strategy to be presented at ICCM5; and the UK has offered to host a workshop to elaborate on and review targets and indicators beyond 2020.
https://chemicalwatch.com/76505/un-talks-advance-on-long-term-global-chemicals-management?q=%E2%80%9CAmerican+Chemistry+Council%E2%80%9D
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Virginia Enacts Law Restricting Firefighting Foam with PFASs
Apr 15, 2019 | Chemical Watch
Virginia has passed a law to restrict the use of firefighting foams containing intentionally added per- and polyfluoroalkyl (PFAS) substances
The law will ban their use for training or testing purposes, with some exceptions, effective from 1 July 2021. It was enacted on 3 April by Governor Ralph Northam, after its unanimous passage by Virginia’s legislature.
The measure mirrors Kentucky’s, which became law last month. Washington state also passed a similar, though more stringent, law restricting PFAS-containing foams last year.
The products have also drawn attention at the federal level.
Last year, Congress directed the Federal Aviation Administration (FAA) to no longer require that foams contain PFASs in order to meet federal requirements for airports. A group of 40 organisations has recently pushed the agency to begin implementing this change.
https://chemicalwatch.com/76515/virginia-enacts-law-restricting-firefighting-foam-with-pfass
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Microplastics Are Raining down from the Sky
Apr 15, 2019 | National Geographic
By Stephen Leahy
IN WHAT LOOKS like a pristine, remote mountain region, tiny pieces of plastic pollution were found raining down from the sky—raising questions about the global extent of plastic pollution—a first-of-its-kind study has found.
Scientists recorded a daily rate of 365 microplastic particles per square meter falling from the sky in the Pyrenees Mountains in southern France.
“It was incredible how much microplastic was being deposited,” said Deonie Allen, a researcher at EcoLab in the School of Agricultural and Life Sciences in Toulouse, France. There were no obvious sources for the microplastics within 60 miles (100 kilometers), said Allen, the lead author of the study published Monday in Nature Geoscience.
“Microplastic is a new atmospheric pollutant,” Allen said. (Read more about the emerging science of microplastics.)
Microplastics are very small pieces of plastic waste. Their presence in oceans and waterways has received a great deal of scientific and media attention in recent years. However, only two previous studies have looked for the presence of microplastics in the air. Both were in cities and their results were comparable, says Allen. Microplastics in the air appear to be ubiquitous.
“If you go outside with a UV light, set at a wavelength of 400 nanometers, and shine it sideways you’ll see all kinds of plastic particles in the air fluoresce,” she said. “It’s almost worse indoors. It’s all a bit terrifying.”Get more of the inspiring photos and stories we're known for, plus special offers.
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Allen and colleagues collected microplastics over a period of five months at a meteorological station about 4,500 feet (1,400 meters) above sea level using atmospheric deposition catchers that look like tall funnels. They counted and analyzed the plastic fragments, fibers, and films at the bottom of the collectors that were less than 300 microns in size. The human hair averages between 50 and 70 microns in diameter. The smallest particle a human eye can see is about 40 microns.
More than 50 percent of the microplastics found at the station were fragments less than 25 microns in size.
Researchers studied wind patterns to find a source of the microplastics collected, but found none within a 60-mile radius of the region—which is sparsely populated and without industrial, commercial, or large agricultural activities. A quantity of orange quartz-like fine dust was also collected, said co-author Steve Allen. This was likely Saharan dust, as past studies have shown such dust particles, which are as large as 400 microns, can travel thousands of miles. But “no one knows how far microplastics can travel,” he added.
Scientists have warned we are creating a “plastic planet”. Some 420 million tons of plastics were produced in 2015, up from just over two million tons in 1950. Over this 65-year period roughly six billion tons ended up either in landfill or in the natural environment, a 2017 study estimated. Plastic waste that starts out as bottles, packaging, and so on degrades over time to microplastic particles or much smaller nanoparticles. One study estimated there are 15 to 51 trillion microplastics particles floating on the surface of the oceans. A trillion is one thousand billion. A trillion seconds is nearly 32,000 years.
Health impacts of microplastics?
People are exposed to microplastics through food and air, but the health effects are unknown, said Stephanie Wright, a researcher at the Centre for Environment and Health at King’s College London in the United Kingdom.
“We’ve only recently recognized human exposure to microplastics through the air,” said Wright, who wrote a detailed review article on human health and microplastics in 2017.
What is known is that microplastics smaller than 25 microns can enter the human body through the nose or mouth and those less than five microns can end up in lung tissue. “We do know that other types of small particles do have health impacts,” Wright said.
There is a great deal of concern about fine particulates in the air formed by burning fossil fuels, including black carbon or soot. These have been linked to a wide range of health impacts from asthma to heart attacks to impairing children’s memory and IQ. Most countries have air pollution standards to limit the volumes of particles less than 10 microns, and especially those below 2.5 microns, respectively known as PM 10 and PM 2.5 standards.
It’s also known that microplastics tend to be sticky and can accumulate heavy metals like mercury and persistent organic pollutants (POPs), including brominated flame retardants and polycyclic aromatic hydrocarbons (PAHs). Those materials have known health impacts, said Wright.
The volume of microplastics in the environment is likely going to increase with the rising amounts of plastics being produced, including synthetic textiles, the scientists warn. Plastics are now being used in roads, bricks, concrete, paints, and a host of other things that might not always be obvious to the public. Yet “there’s too much we don’t know about microplastics in the environment,” Wright said.
Far less is known about nanoplastic particles. Nano means really, really small: A billion nanoparticles can fit on the head of a pin.
What about nano particles?
“No one should be surprised that microplastics are everywhere,” said Roman Lehner of the University of Fribourg in Switzerland. Nanoplastics are also everywhere but the technology to detect them doesn’t yet exist, said Lehner, who is working on the problem.
Nanoparticles can have markedly different chemical and physical properties than the same materials at micro or larger sizes. One of the unique characteristics of nanoplastics is that because they are so small more atoms are on the surface of a particle compared to its volume. This makes them more chemically reactive. The potential risks to human health and the environment of nanoplastic particles maybe different from microplastics, said Lehner, who co-authored a new review of the potential risks.
Lab studies have shown adverse impacts of nanoplastics on aquatic organisms. Studies have shown that polystyrene nanoplastics ingested by aquatic organisms passed through cell walls. This appeared to change behavior and affected endocrine function of fish and other marine species. Lab experiments have also shown nanoplastics cross cell walls in samples of human intestines.
Almost no research is being done on nanoplastics in the air and their impacts on human health and the environment, Lehner said. “We don’t yet know all the hazards. However it is likely the environmental impacts are significant and much more research is warranted.”
Even as more research is needed it would be prudent to use fewer plastics, said S. Allen. Single-use plastics like shopping bags and straws need to be eliminated. Recycled plastic just delays its degradation into microplastics, so it is far better to reduce plastic consumption, he said.
As for bioplastics or biodegradable plastics? They still turn into microplastics you can’t see, S. Allen said.
Plastics and climate
Climate change is yet another reason to reduce plastic consumption, a new study published at the same time warns. Nearly all plastics are made from fossil fuels and this industry resulted in emissions amounting to 1.7 billion metric tonnes of CO2 in 2015, according to a new study in Nature Climate Change. With volumes of plastics produced doubling every decade, by 2050 CO2 emissions could reach 6.5 billion tonnes, or about 15 percent of the global carbon budget.
If the plastics industry were a country it’d be the fourth largest CO2 emitterbehind China, the U.S., and India. However, aggressive application of renewable energy, recycling, and biomass as a feedstock could keep emissions in 2050 on par with 2015 levels, the study noted. That said, there would also be four times as much plastic being produced.
https://www.nationalgeographic.com/environment/2019/04/microplastics-pollution-falls-from-air-even-mountains/
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Decisions to Authorise Uses of SVHCs Adopted by EU Commission
Apr 15, 2019 | Chemical Watch
By Luke Buxton
The European Commission has adopted decisions granting applications for authorised uses of substances of very high concern (SVHCs).
Member states approved applications from two companies for conditional uses of the substances listed under REACH Annex XIV – the authorisation list, at their REACH committee meeting on 12 December.
Germany-based Federal-Mogul Valvetrain is permitted to use chromium trioxide in functional chrome plating of valves in petrol and diesel engines for light-and heavy duty vehicles. The recommended review period is 21 September 2029.
The chemical was also added to the candidate list in 2010 because of its carcinogenic and mutagenic properties.
The reason behind the Commission’s decision was that the socioeconomic benefits "outweigh" the risk to human health and the environment arising from the uses of the substance. Additionally, it said, there are no suitable alternative substances or technologies in terms of their technical and economic feasibility.
That was also the justification for accepting an application by French company Eurenco for industrial use of 1,2-dichloroethane as a solvent for the synthesis of polyepichlorohydrin used as a precursor in the production of glycidyl azide polymer, an oligomer with hydroxyl terminations used to increase the energetic performance of propellants and explosives.
The recommended review period 22 November 2021. 1,2-dichloroethane is a known carcinogen.
And the Commission adopted a decision to allow UK-based company AVX industrial use of dibutyl phthalate, which has reprotoxic qualities, in the manufacture of ceramic sheets for the production of multi-layer ceramic capacitors. The review period is slated for 21 March 2026.
It said the risk is adequately controlled and at present there are no suitable alternatives. The application was first backed by the REACH committee on 27 September.
Authorisation news
Earlier this year the EU executive published a draft regulation to add 12 SVHCs to the REACH authorisation list. They include reprotoxins and persistent bioaccumulative toxic chemicals and take Annex XIV entries to 55.
An authorisation decision made by the Commission was recently ruled illegal for the first time. In March the EU General Court found that permission to allow a company to sell pigments for paints containing lead chromates in the EU broke the law.
https://chemicalwatch.com/76509/decisions-to-authorise-uses-of-svhcs-adopted-by-eu-commission
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NGO Platform: Regulating Substances as Groups
Apr 15, 2019 | Dr Ninja Reineke
By Dr Ninja Reineke
Dr Ninja Reineke, head of science at CHEM Trust, discusses opportunities for more effective chemicals risk management. Dr Reineke will address this issue at the Helsinki Chemicals Forum 23-24 May as part of a high-level panel debate.
The history of chemical regulation is full of examples of 'too little, too late'.
The UN’s Global Chemical Outlook II report highlighted that the goal to minimise adverse impacts on human health and the environment from chemicals by 2020 will not be reached.
The very strong conclusion is: "business as usual is therefore not an option." This calls for faster and more determined action and an acceleration of measures to control the impacts from harmful chemicals. Currently it can easily take over a decade from the first evidence of harm to restricting problematic uses.
The task is not small. In Europe alone, more than 22,000 chemicals produced and imported over 1 tonne per year are registered for use. REACH has put in place some new restrictions and ended the use of some substances of very high concern, but progress remains slow. One of the reasons for this is that today's 'business as usual' means a substance-by-substance approach in risk management.
Despite significant progress made over the past 12 years, REACH still has not led to an effective way of identifying hazards and appropriately addressing them. A 2018 progress report by Echa found that 74% of dossiers submitted for registration had important safety information missing under the compliance check.
In 2018, a three-year investigation by German authorities found that only a third of substances produced above 1,000 tonnes per year met the legally mandated safety information. And even when concerns were demonstrated as a result of the more detailed substance evaluation process, no regulatory follow-up has been initiated for the majority of substances.
Regrettable substitutions
Once a chemical has been regulated, the easiest thing for companies to do is often just to substitute one banned chemical with another unregulated one with a similar structure: it is likely to have similar properties in the application and desired function. Examples range from chlorinated flame retardants being replaced by brominated ones to long-chain PFAS being replaced by short-chain PFAS.
The problem resembles the Grimms' fairy tale of the hare and the hedgehog from Buxtehude, in which the hedgehog is always outrunning the hare. The riddle’s solution is that the very similarly looking hedgehog’s wife is already waiting, taking his place. In chemicals policy terms: there is always a very similar chemical available right there to fill the place of the banned chemical. This is an unequal race.
Unfortunately, the similarity in properties within substance groups often extends to environmental fate and toxicity – and this is what scientists are finding, for example, with bisphenols.
The case of bisphenols
Last year, CHEM Trust published the report From BPA to BPZ: a toxic soup?, which examined how companies are being allowed to replace the well-known hormone disrupting chemical bisphenol A (BPA), with very similar chemicals that may also be harmful, for example bisphenol S (BPS).
This is despite the fact that Echa’s risk assessment committee had found in 2015 that BPS "may have a toxicological profile similar to BPA" and advised against the substitution. In 2018, Echa found that the amount of BPS used in producing thermal paper is increasing rapidly. This could clearly have been avoided.
BPS was selected for substance evaluation under REACH and Echa sent a final decision with additional data request for BPS to the registrant(s) in 2016. We understand that most of the requested information has not been received by the deadline imposed in the final decision. It is now three years later and the Belgian REACH Competent Authority is still awaiting a large part of the requested data.
What regulating substances as groups means in practice
A more effective progress in risk management is warranted, therefore restricting groups of chemicals to become the rule rather than the exception.
Regulators should not delay action for substances of a chemical group which are likely to be similarly acting and used in the same situation as that of a regulated harmful chemical. Instead, the regulation should be extended to cover those and all other similar compounds.
Positive developments are on the way. Some EU countries as well as Echa have started putting a larger emphasis on grouping to avoid regrettable substitution – for example in Echa’s Strategy to promote substitution to safer chemicals through innovation.
A more extensive use of grouping has been backed by a detailed study produced for the European Commission as part of the development of a new strategy for a non-toxic environment, which is a commitment of the EU’s 7th Environmental Action programme (7EAP).
The final study concludes that "the use of grouping strategies for assessing chemicals with structural similarities needs to be scaled up" to increase regulatory efficiency and effectiveness.
Among the proposed recommendations for relevant elements for a strategy for a non-toxic environment, the study mentions a "move from the current chemical-by-chemical to groupings of chemicals approaches in risk assessment and management".
One important tool which is already accepted in company's registration dossiers is the use of read-across (ie, the analogy concept) – why not use it more in the restriction process? CHEM Trust proposes that in the absence of sufficient data to the contrary, chemicals with a similar structure should be assumed to have the toxicological properties as harmful as those of the most toxic known substance in the group.
The main responsibility for the movement from one harmful chemical to another lies with the chemical industry and downstream users. If the regulators started taking a grouping approach to chemicals, this would send a very strong signal to the industry that replacing one chemical with similar chemicals should not be considered.
Recommendations for more grouping involves many actors
Recommendations:
-i) Regulators should regulate groups of related chemicals, rather than taking a substance-by-substance approach. This approach needs to be used in the main EU chemicals law REACH, and also in other chemical regulation, such as, for example, laws on chemicals in Food Contact Materials. Echa should also investigate the effectiveness of the industry’s self-classification of chemicals, and whether this it is being done in accordance with the legal requirements;
-ii) Chemical companies must improve their own assessment of the safety of chemicals. It is not acceptable to effectively claim – through lack of appropriate classification – that a chemical like BPS has no hazards when a very similar chemical (BPA) is known to have substantial hazards including endocrine disruption. It is even more unacceptable to do this after regulators have indicated that the relevant chemical is likely to have similar properties to the one that is known to be hazardous, as is happening with BPS; and
-iii) Downstream users of chemicals should not replace one problematic chemical with another similar chemical from the same group. Tools like the SIN list provide a good indication of which similar chemicals to avoid.Grouping – the game changer for cleaner supply chains
The lack of progress in protecting human health and the environment from the adverse impact on harmful chemicals globally is to a large part due to an approach to regulate chemical by chemical.
Adopting group restriction is a way to accelerate the risk management of chemicals and should be part of the solutions to tackle exposure to harmful substances. This is also of vital importance in the context of the circular economy to ensure clean supply chains and avoiding future legacies for a healthier planet. Otherwise the endless game of playing catch up and always lagging behind will just continue.
The opinions expressed in this article are those of the author and are not necessarily shared by Chemical Watch.
https://chemicalwatch.com/76348/ngo-platform-regulating-substances-as-groups
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Apr 15, 2019 | The White House - Energy and Environment
Governors
Gov. Mike Dunleavy (R-AK): “State of Alaska is thankful for @realDonaldTrump EOs recognizing need for robust energy infrastructure, regulatory reform, and unleashing America’s vast energy resources.”
Gov. Brad Little (R-ID): “Thank you @realDonaldTrump for your leadership in promoting and streamlining efficient energy infrastructure development. #IDpol @WhiteHouse”
Gov. Doug Burgum (R-ND): “Grateful for action by @realDonaldTrump to streamline permitting of essential energy infrastructure and ensure market access, allowing export states like ND to support U.S. energy dominance while protecting our clean air, water and land.”
Gov. Greg Abbott (R-TX): “@POTUS executive action announced today in Crosby, TX will speed up oil and gas production and bring more jobs to Texas.”
Gov. Mark Gordon (R-WY): “I applaud @realDonaldTrump for his Executive Order directing the EPA to modernize guidance on the application of section 401 of the Clean Water Act. I stand with governors across the land in asserting states’ rights to access markets, as well as to protect the environment.”
Advocacy Organizations and Industry
American Chemistry Council: “New energy #infrastructure can help get #natgas to U.S. manufacturers who will use it to create jobs.”
American Council for Capital Formation Executive Vice President George David Banks: “Today, the President took an important step to strengthen the energy security of the United States and its allies and further economic prosperity.”
American Energy Alliance President Tom Pyle: “For America to operate from a position of strength, we must have the critical energy infrastructure to deliver affordable energy to power our lives. Today’s Executive Orders are an attempt to make necessary changes to ensure federal statute is properly interpreted and followed, and make certain that politically motivated delays blocking pipeline infrastructure come to an end.”
American Fuel and Petrochemical Manufacturers: “The American Fuel & Petrochemical Manufacturers (AFPM) supports President Trump’s Executive Orders that will create clear pathways for the permitting process and support energy infrastructure development.”
American Fuel and Petrochemical Manufacturers President and CEO Chet Thompson: “AFPM’s members are committed to protecting our nation’s water and air. By clarifying the roles of federal and state agencies in permitting decisions, today’s order will help promote investment in critical energy infrastructure development and associated good-paying jobs, while maintaining important environmental protections.”
American Gas Association: “The American Gas Association (AGA) applauds today’s executive orders aimed at speeding up the approval, permitting and construction of pipelines and other energy infrastructure.”
American Gas Association President and CEO Karen Harbert: “Today’s executive orders clear the way for development of new natural gas pipelines, enabling greater access to natural gas thereby benefitting American families and our environment.”
American Petroleum Institute President and CEO Mike Sommers: “We applaud the Administration for their commitment to building America’s pipeline infrastructure, enabling the safe delivery of energy and creating the jobs that working families and businesses rely on each and every day.”
Associated Petroleum Industries of Minnesota Executive Director Erin Roth: “We’re pleased that the Administration has made American infrastructure a priority, as pipelines are critical to ensuring that Minnesota’s consumers have the reliable and affordable energy they need, as well as being one of the most environmentally friendly ways to transport energy.”
Associated Petroleum Industries of New York Executive Director Karen Moreau: “We’re pleased the Administration is taking steps to put an end to the blockade on infrastructure projects in our state, while maintaining a robust and necessary environmental review process.”
Associated Petroleum Industries of Ohio Executive Director Chris Zeigler: “We’re pleased the Administration has taken steps to ensure the benefits of our state’s plentiful natural gas and oil resources can be enjoyed by Ohio’s consumers due to the construction of new and necessary pipelines.”
Associated Petroleum Industries of Pennsylvania Executive Director Catarino Wissman: “As pipelines are one of the most environmentally friendly ways to transport energy, this Executive Order will help the rest of the country enjoy the abundant, clean natural gas that has provided countless benefits, like more affordable electricity, to Pennsylvanians.”
Association of American Railroads President and CEO Ian Jefferies: “The private freight rail industry welcomes efforts by the Trump administration to enhance U.S. energy security and reduce infrastructure inefficiencies.”
Association of Oil Pipe Lines President and CEO Andy Black: “The President knows pipelines are good for the American economy, create good-paying jobs and help consumers.”
Duke Energy: “Duke Energy is committed to addressing the important issue of climate change. Doing so requires us to make substantial investments in critical infrastructure – including natural gas pipelines and electricity transmission lines to connect renewable energy to consumers. We applaud the President’s recognition of the need for change now.”
Edison Electric Institute: “EEI and its member companies thank President Trump for his commitment to achieving meaningful progress with our nation’s energy priorities.”
Energy Equipment and Infrastructure Alliance President and CEO Toby Mack: “The President understands the importance of adequate energy infrastructure to American consumers and businesses who need affordable and reliable energy, and especially to the men and women who build energy projects and support their families and communities with the great jobs these projects sustain.”
GPA Midstream Association President and CEO Mark Sutton: “I applaud this administration for taking a stand against this type of invalid action. Too often we see bureaucracies stopping growth; it’s great to see an administration promoting a pro-growth and pro-jobs agenda for the midstream industry.”
The Heartland Institute President Tim Huelskamp: “This executive order by President Donald Trump is just what is needed to create thousands more high-paying jobs in the energy industry, protect U.S. national security, and enhance the reliability and affordability of America’s energy supply.”
International Union of Operating Engineers: “[President Trump’s] executive orders today provide a clear pathway to building more energy infrastructure and creating thousands of new jobs. This is welcome news to the Operating Engineers who train and represent the most highly skilled pipeline construction workers in the world.”
Interstate Natural Gas Association of America: “We are pleased that the administration is building upon earlier actions to streamline the permitting and review process for critical energy infrastructure projects. Ensuring that our abundant domestic supply of natural gas can safely reach end users is critical if we are to fully realize the benefits of this clean-burning, job-creating resource and natural gas infrastructure is the foundation of that vision.”
LNG Allies President and CEO Fred H. Hutchison: “The Trump Administration has been a strong partner with the U.S. LNG industry and today’s order is further evidence that business, government, and labor can and will continue to work together to take advantage of America’s abundant energy resources.”
Marcellus Shale Coalition, President David Spigelmyer: “President Trump’s executive order will help ensure the energy infrastructure that delivers clean, abundant American natural gas is there when consumers, small businesses, hospitals, and manufacturers need it. We thank the President for taking action directly aimed at lifting the Cuomo’s administration’s energy blockade that has left the northeast starved for natural gas.”
National Association of Manufactures: “Together, these two executive orders will promote badly-needed development of infrastructure to meet U.S. energy demand, create and support jobs for U.S. manufacturing workers, and provide reliable and affordable energy to U.S. consumers.”
National Association of Manufactures, President and CEO Jay Timmons: “The President’s executive action to accelerate the energy infrastructure permitting process will boost job creation, energy security, the growth of U.S. exports and the expansion of manufacturing in America.”
National Hydropower Association, CEO Linda Church Ciocci: “The National Hydropower Association (NHA) applauds and supports President Trump’s executive order today… At its core, President Trump has sent a clear message today that it is no longer acceptable for our nation’s vital hydropower projects to linger in uncertainty for years – at times, a decade or more – without resolution.”
National Rural Electric Cooperative Association, CEO Jim Matheson: “Today’s announcement paves the way for electric co-ops to enhance system reliability and reduce wildfire risk by improving access to maintain and upgrade electric systems located on federal lands.. By reducing bureaucratic red tape, today’s announcement helps prevent permitting delays and promotes the safety and reliability of our power supply.”
Natural Gas Supply Association, President and CEO Dena Wiggins: “We applaud this Executive Order, which takes important steps toward fixing broken parts of the state water certification process for pipelines without compromising on environmental standards…This order takes politics out of the process and allows states and federal authorities to do their jobs.”
North America’s Building Trades Union, President Sean McGarvey: “We appreciate this administration working to ease permitting delays on vitally important projects that create good jobs and ensure clean, safe and affordable energy for communities across this great nation.”
U.S. Chamber of Commerce’s Global Energy Institute, Acting President Christopher Guith: “Today’s actions represent meaningful progress to address some of the most pressing issues that commonly result in permitting delays, and we applaud the Trump Administration for tackling this problem.”
https://www.whitehouse.gov/briefings-statements/wtas-support-president-donald-j-trumps-executive-orders-energy-infrastructure-development/
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Warren Seeks to Block New Offshore, Public Land Drilling Leases
Apr 15, 2019 | BNA Daily Environment Report
By Derek Wallbank and Sahil Kapur
Elizabeth Warren released her plan for managing U.S. public lands, saying she would on day one as president “sign an executive order that says no more drilling -- a total moratorium on all new fossil fuel leases, including for drilling offshore and on public lands.“
Warren -- a Democratic senator from Massachusetts is currently polling in the second tier of Democratic presidential candidates -- pledged to set goal of 10% of U.S. electricity generation from renewable sources offshore or on public lands.
Broadly speaking, the plan seeks to pivot toward conservation, recreation, and renewables, and away from fossil energy production.
Among her other proposals is free entry to U.S. national parks, making the Land and Water Conservation Fund mandatory spending, blocking the ability to divert its incoming revenues, increase land management agency funding, as well as the amount of public lands accessible to hunters, anglers and outdoor enthusiasts, and reversing Trump administration rollbacks of Bears Ears and Grand Staircase-Escalante national monuments.
Warren has sought to be the left’s ideological visionary in the Democratic primary with a raft of detailed blueprints on how to remake tax law, child care policy and break up big technology firms.
Warren is set to pitch a set of new policy proposals during a campaign swing in Utah, Colorado, and South Carolina this week.
https://news.bloombergenvironment.com/environment-and-energy/warren-seeks-to-block-new-offshore-public-land-drilling-leases
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Warren Unveils 2020 Plan to Stop Drilling on Public Lands
Apr 15, 2019 | The Hill - E2 Wire
By Miranda Green
Sen. Elizabeth Warren (D-Mass.), a 2020 Democratic hopeful, unveiled an ambitious proposal Monday aimed at protecting public lands and rolling back many of President Trump's environmental policies.
Warren included in her proposal, published on Medium, plans to immediately halt drilling offshore and on publicly owned lands, as well as restoring the original boundary lines for two national monuments shrunk under Trump.
Warren championed the goals as a way to “preserve wild, natural places for future generations.”
“We must not allow corporations to pillage our public lands and leave taxpayers to clean up the mess. All of us — local communities and tribes, hunters and anglers, ranchers and weekend backpackers — must work together to manage and protect our shared heritage,” Warren wrote.
The first step of her plan would be to place a moratorium on any new fossil fuel extraction on public lands or offshore, as a way to show a commitment to fighting climate change.
A U.S. Geological Survey study released last fall found that public-land drilling contributes a quarter of all greenhouse gas emissions in the U.S. Under Trump, large tracts of public land have been auctioned off, often at low prices. The administration also released in December a plan for lease sales in Alaska’s Arctic — a plan mandated by law through Congress. The plan could open up drilling as early as this summer.
Looking offshore, the Trump administration is currently considering ways to expand offshore drilling on the Atlantic coast and is in the midst of working out ways to begin seismic testing for oil deposits.
“It is wrong to prioritize corporate profits over the health and safety of our local communities. That’s why on my first day as president, I will sign an executive order that says no more drilling — a total moratorium on all new fossil fuel leases, including for drilling offshore and on public lands,” Warren pledged.
Instead of drilling, Warren’s plan would expand renewable energy production on public lands, committing to provide the U.S. electric grid with 10 percent of energy from wind, solar, and geothermal projects on public land. It’s a goal that’s nearly ten times the current production levels, Warren said.
“My administration will make it a priority to expedite leases and incentivize development in existing designated areas, and share royalties from renewable generation with states and local communities to help promote economic development and reduce local dependence on fossil fuel revenues,” she wrote.
Additionally, Warren seeks to expand the boundaries of two national monuments in Utah previously shrunk by 2 million acres under Trump in 2017. While no drilling or mining has yet been auctioned on the now unprotected public land, the move did open up the former parcels in Bears Ears and Grand Staircase-Escalante national monuments for fossil fuel extraction.
“These lands are part of our national fabric, sacred to tribes and beloved by American families. As president, I will use my authorities under the Antiquities Act to restore protections to both monuments and any other national monuments targeted by this Administration,” Warren wrote.
Other initiatives outlined in Warren’s plan include keeping congressional funding for the Land and Water Conservation Fund from being directed to other initiatives, reinstating key provisions of a methane pollution rule proposed to be stripped under Trump, and expanding job opportunities for care for public lands.
“America’s public lands belong to all of us. We should start acting like it — expanding access, ending fossil fuel extraction, leveraging them as part of the climate solution, and preserving and improving them for our children and grandchildren,” Warren wrote.
https://thehill.com/policy/energy-environment/438905-elizabeth-warren-unveils-2020-plan-to-stop-drilling-on-public-lands
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Alaskan Oil Developers Face Technical Challenges to Exploit New Plays: Fuel for Thought
Apr 15, 2019 | S&P Global Platts
By Tim Bradner
As Alaska’s oil production declines, enormous attention is being paid to even the slightest hint of a find that could turn the state’s fortunes around.
Much hope has been pinned on the development of the Nanushuk, a broadly-dispersed set of rocks along the Colville River that extends west into the National Petroleum Reserve-Alaska.
Some companies have had success finding oil, with claims ranging from a conservative 500 million barrels to over 3 billion barrels of recoverable resources.
But a recent dry hole in the Nanushuk has brought to light some of the economic and technical challenges facing those who want to tap into those potential riches.
The stakes are high for Alaska. The Nanushuk discoveries have created new interest in the North Slope within industry and excitement among state leaders who have long worried about the gradual decline of the existing fields.
Alaska is now producing about 500,000 b/d, one fourth of production in 1988.
While enormous reservoirs are believed to exist offshore, attempts to explore there have not been successful. And while the Arctic National Wildlife Refuge is also believed to hold prolific resources, political and environmental opposition makes development there problematic.
High hopes and dry holes
For months, Alaska and industry officials have talked up the Nanushuk.
ConocoPhillips and Repsol, along with independent Armstrong Oil and Gas, have made potential billion-barrel discoveries in the area. Keiran Wulff, president of Oil Search Alaska, which has taken over Armstrong’s properties, told an Alaska industry conference last fall his company believes reserves at the Pikka discovery will reach a billion barrels after winter drilling results are evaluated.
ConocoPhillips said last summer the Willow find could reach 700 million barrels of oil equivalent. The company is still drilling evaluation wells at the project.
Alaska Gov. Mike Dunleavy gushed about Nanushuk’s potential at the CERAWeek conference in Houston in March, claiming companies have found 5 billion barrels, although that has not been confirmed.
But not everyone hits it big. One exploration group, a consortium of three small independents, has seen its hopes sour. Led by 88 Energy, an Australian company, the consortium drilled Winx-1, an exploration well a few miles east of Horseshoe-1/1A, a big discovery drilled in 2017 by Armstrong.
But the drill bit at Winx-1 dug into bad reservoir rock this spring. It is the first known dry hole in the Nanushuk, at least where results are public. All signs initially looked good at Winx-1. Nanushuk rocks were present and seismic profiling indicated the presence of potential traps. Other tests indicated the presence of liquids in the rocks consistent with the nearby Horseshoe well.
Then came bad news: Drilling showed that layers of clays dispersed through the rocks served to bind the petroleum fluids to prevent them from flowing. Winx-1 was abandoned by 88 Energy and Red Emperor Resources, one of the Australian partners. The third partner, UK -based Pantheon Resources, has refocused its efforts to other North Slope prospects.
Geological and economic risks
The Nanushuk and a related geologic formation, the Torok, are still new on the horizon for industry explorers. But the existence of the rocks and the fact they hold oil have long been known.
Over decades, companies exploring the NPR-A and state lands along the Colville River drilled through the Nanushuk and Torok on the way to deeper prospects that appeared of better quality. Over the years about 150 wells have been drilled in the area, said Dave Houseknecht, a US Geological Survey geologist, at an Alaska resources conference last fall.
Paul Decker, a former state geologist, said in an interview there were oil shows in many wells but no one stopped to take a close look at the rocks until recently.
Now, the advent of advanced seismic imaging and other analytic tools give industry the ability to spot stratigraphic traps that were previously undetected, and new drilling techniques like horizontal wells allow companies to develop resources previously thought uneconomic.
Decker said ConocoPhillips was the first to reassess the Nanushuk in its exploration in the northeast NPR-A and that put the company on the path to Willow, a potential billion-barrel discovery now planned for development.
Repsol and its partner Armstrong followed, exploring the Nanushuk on state-owned lands near the Colville River, discovering Pikka, another hoped-for billion-barrel find. Armstrong recently sold its interests to Oil Search, an Australian company.
Caelus Energy, a Dallas independent, said it made what may be a significant find in the Torok, another geologic formation, in nearshore waters at Smith Bay, northwest of Willow and Pikka.
“We estimate that there is a lot of oil in these plays, but there is also a lot of uncertainty because the reservoir quality (of the Nanushuk) appears to deteriorate from north to south,” Houseknecht said at the Alaska Resource Development Council conference in November. The Torok formation appears to be of lower quality, too.
Besides the geologic risk there’s also more economic risk as prospects are explored further west and farther from infrastructure in the NPR-A, requiring expensive roads and pipelines. Another complication may be that wells in the Nanushuk and Torok, where the rocks are tight, may have to be hydraulically fractured. That will require mobilization of equipment and possibly trucking water, because water sources are scarce in the petroleum reserve.
For the long run, Houseknecht is bullish, however. “We believe there could be eight billion barrels discovered in the Nanushuk and Torok across NPR-A and the adjacent state submerged lands,” he said.
Most of the resource potential, about 7 billion barrels, is onshore in the northeast NPR-A where ConocoPhillips is exploring.
https://blogs.platts.com/2019/04/15/alaskan-oil-developers-new-plays/
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Most Americans Back Energy Agenda Supported by Oil and Gas, Survey Finds
Apr 15, 2019 | Natural Gas Intelligence
By Charlie Passut
Most Americans back an energy agenda that relies on domestic energy sources, including oil and natural gas, but support for the controversial Green New Deal is tepid, according to a survey released Thursday by the U.S. Chamber of Commerce's Global Energy Institute.
Subscription required for full article.
https://www.naturalgasintel.com/articles/118041-most-americans-back-energy-agenda-supported-by-oil-and-gas-survey-finds
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EPA Grants $1.2m to Help Clean up Petroleum Leaks
Apr 15, 2019 | AP (In E&E - Greenwire)
EPA has awarded a nearly $1.2 million grant to help Kentucky clean up petroleum contamination from leaking underground storage tanks.
Last fiscal year, Kentucky officials reported 109 new confirmed discharges, 162 cleanups completed and 636 remaining to be addressed. Officials say Kentucky's goals for this year are to complete 130 cleanups.
EPA officials say the $1,170,000 grant is being awarded to the Kentucky Department of Environmental Protection.
They say the grant is funded through the Leaking Underground Storage Tank Trust Fund. Officials say states may use the funds to support staff employees who oversee the cleanup projects or to pay for contractual services to perform cleanup projects.
The grant was announced while EPA Administrator Andrew Wheeler visited Kentucky on Friday.
https://www.eenews.net/greenwire/2019/04/15/stories/1060165103
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Trump, Pelosi to Meet on Bipartisan Infrastructure Deal
Apr 15, 2019 | The Hill
By Zack Budryk
President Trump and House Speaker Nancy Pelosi (D-Calif.) are planning to meet in the near future to discuss a bipartisan infrastructure package, a White House spokesperson confirmed to the Washington Examiner.
“The President and Speaker did speak last week and have agreed to meet soon to discuss working together on infrastructure,” White House Deputy press secretary Judd Deere told the publication. “The President wants a bipartisan infrastructure package that rebuilds crumbling infrastructure, invests in the projects and industries of tomorrow, and promotes permitting efficiency.”
Pelosi said at a recent Democratic retreat that she thinks President Trump would be receptive to an infrastructure package of between $1 trillion and $2 trillion.
“I’m optimistic. Left to his own devices, I think the president would be agreeable to these things,” she told reporters. “It has to be $1 trillion; I’d like it to be closer to $2 trillion.”
The news comes in the wake of a Democratic National Committee initiative announced Thursday that aims to highlight what it perceives as broken promises Trump made as a candidate to small and mid-sized communities, many of them related to infrastructure and job creation.
The White House did not immediately respond to a request for comment from The Hill.
https://thehill.com/homenews/house/438859-trump-pelosi-to-meet-on-bipartisan-infrastructure-deal-report
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