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AM ACC Clips Report - April 26, 2019
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(ACC Mentioned) U.S. Chemical Production Lower In March, ACC Says
Apr 25, 2019 | ChemEngOnline
By Scott Jenkins
According to the American Chemistry Council (ACC; Washington, D.C.; www.americanchemistry.com), the U.S. Chemical Production Regional Index (U.S. CPRI) fell by 0.4 percent in March, following a revised 0.3 percent decline in February and a 0.1 percent gain in January. -
(ACC Mentioned) US March Chemical Production Declines 0.4% – ACC
Apr 25, 2019 | ICIS
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(ACC Mentioned) U.S. EPA Official, Company Execs Speak on Sustainability at Global Plastics Summit
Apr 26, 2019 | Coatings World Magazine
Facing mounting consumer and regulatory pressure over plastics waste and its impact on the environment, Ron Vance, chief of the resource conservation branch of the U.S. Environmental Protection Agency (EPA), will join executives of a leading consumer brand and plastics producers and manufacturers as speakers on sustainability at the Global Plastic Summit (GPS) 2019, June 4-6, 2019, in Houston. -
(ACC Mentioned) Is the EPA Stifling Science on Chemical Toxicity Reports?
Apr 26, 2019 | Scientific American
By Jim Daley
The Environmental Protection Agency is changing its approach to chemical toxicity oversight, according to a report issued recently by the Government Accountability Office. -
E.P.A. Proposes Weaker Standards on Chemicals Contaminating Drinking Water
Apr 26, 2019 | The New York Times
By Eric Lipton and Julie Turkewitz
After pressure from the Defense Department, the Environmental Protection Agency significantly weakened a proposed standard for cleaning up groundwater pollution caused by toxic chemicals that contaminate drinking water consumed by millions of Americans and that have been commonly used at military bases. -
EPA Unveils PFAS Groundwater Guide But DOD Compliance Uncertain
Apr 25, 2019 | Inside EPA
By Suzanne Yohannan
EPA has issued long-delayed draft interim guidelines for cleaning up groundwater contaminated with per- and polyfluoroalkyl substances (PFAS) at levels stricter than what the Defense Department (DOD) and the other agencies have sought, though it is not clear whether DOD and the other agencies will comply at levels recommended by EPA. -
EPA Floats Plan To Clean Up 2 Nonstick Toxins
Apr 25, 2019 | E&E News PM
By Ariana Figueroa and Corbin Hiar
EPA this afternoon proposed cleanup guidance for groundwater contaminated by certain toxic nonstick chemicals that recommends reducing the substances to levels the agency previously determined pose no health risks. -
EPA Drops Emergency Trigger From PFAS Cleanup Guidance
Apr 25, 2019 | PoliticoPro
By Annie Snider
EPA made no promise to provide bottled water to communities with dangerous levels of a pair of toxic chemicals in their aquifers or take other emergency actions in long-awaited cleanup guidance released today. -
EPA’s Proposed PFAS Guidance Falls Far Short on Public Health Protection and Cleanup
Apr 26, 2019 | Environmental Working Group
By Alex Formuzis
The draft interim recommendations for cleanup of the toxic fluorinated chemicals known as PFAS, announced today by Environmental Protection Agency chief Andrew Wheeler, are a woefully inadequate response to the growing nationwide crisis of drinking water contaminated with PFAS, said EWG Senior Scientist David Andrews. -
Senators Ask GAO For Review of Federal PFAS Costs
Apr 25, 2019 | PoliticoPro
By Annie Snider
Top senators on the Senate Homeland Security and Governmental Affairs Committee are asking a federal watchdog to review the costs to the federal government associated with a class of toxic chemicals. -
EPA Releases Groundwater Cleanup Guidance for PFOA and PFOS
Apr 25, 2019 | PoliticoPro
By Annie Snider
EPA has released guidance on how stringently two toxic chemicals should be cleaned up at Superfund sites and other contaminated properties around the country, setting a goal that is far stricter than the Defense Department had sought. -
Chemical Importers Could Face Brexit Disruptions, Sweden Warns
Apr 25, 2019 | BNA Daily Environment Report
By Marcus Hoy
Sweden has become the latest European Union member nation to warn chemical importers of the consequences of a no-deal Brexit. -
Trump Officials Propose Reopening California Public Land to Fracking
Apr 26, 2019 | PoliticoPro
By Colby Bermel
The Trump administration moved Thursday toward reopening California's public lands to oil and gas development, releasing a document on the potential impacts of fracking in what would be over 1 million acres in eight counties. -
Court Again Rejects Fracking in Santa Barbara Channel
Apr 26, 2019 | BNA Daily Environment Report
By Emily C. Dooley
A federal judge in Los Angeles has denied a request for a special exemption for two permits that would have allowed fracking in the Santa Barbara Channel in California. -
BLM Plans To Restart Calif. Oil And Gas Leasing
Apr 26, 2019 | E&E Energywire
By Pamela King and Ellen M. Gilmer
Federal regulators took a first step yesterday toward ending a five-year hold on oil and gas leasing in California. -
LNG Developers Said Better Armed to Shrug Off ‘Difficult Delivery Reputation’
Apr 25, 2019 | Natural Gas Intelligence
By Carolyn Davis
Nearly 90 million metric tons/year of liquefied natural gas capacity is likely to be sanctioned in the near term worldwide as the second wave of export projects begins, with developers hoping to avoid cost overruns that plagued the initial building boom. -
Declining Energy Prices Sap Momentum for Efficiency Legislation
Apr 25, 2019 | BNA Daily Environment Report
By Dean Scott
Curbing energy use is an idea that typically enjoys bipartisan backing in Congress, but energy conservation and efficiency legislation now faces a new obstacle—relatively low energy prices—in addition to ongoing concerns over its price tag. -
Possible Obstacles Loom for Energy Efficiency Legislation
Apr 25, 2019 | BNA Daily Environment Report
By Chuck McCutcheon
From better-insulated homes to more stringent appliance standards—has been an anchor for major energy legislation in the past, but it faces several hurdles in this Congress.One potential roadblock is relatively low energy prices, which some analysts say has dampened enthusiasm for addressing efficiency, Dean Scott reports -
Pipeline ‘Bubble’ Risks Repeat of Coal’s Collapse, Group Says
Apr 26, 2019 | BNA Daily Environment Report
By Caleb Mutua
An estimated $632.5 billion of oil and natural gas pipelines under development globally risk repeating the kind of over-expansion that led to multiple bankruptcies in the coal industry, according to Global Energy Monitor, an environmental group. -
Chemical Spill In Illinois Sends 37 People to The Hospital, Including 7 in Critical Condition
Apr 26, 2019 | CNN
By Eric Levenson
A leak in a container holding hazardous chemicals created a massive chemical spill early Thursday and sent 37 people to the hospital, including seven in critical condition, said authorities in Beach Park, Illinois. -
Illinois Highway Ammonia Spill Injures 37, Investigation Ongoing
Apr 25, 2019 | BNA Daily Environment Report
By Stephen Joyce
A cloud of toxic ammonia hospitalized 37 people after it leaked from storage tanks a farm tractor was towing on a highway about 50 miles north of Chicago. -
Chemical Safety Board Calls on EPA to Update Hydrofluoric Acid Study in Wake of Husky Fires
Apr 26, 2019 | Minnesota Public Radio News
By Danielle Kaeding
The U.S. Chemical Safety Board is calling on the U.S. Environmental Protection Agency to revisit a 1993 study on hydrofluoric acid in the wake of an explosion and series of fires at the Husky Energy oil refinery in Superior last year. -
Trump Safety Cuts May Cause Workplace Deaths To Soar, Says Report
Apr 25, 2019 | The Gurdian
By Mike Elk
A number of workplace safety advocates fear fatalities will soar as Trump cuts back on the federal work safety watchdog Occupation Safety and Health Administration (Osha). -
Study Finds State Renewable Standards Costly, But Critics Query Methods
Apr 26, 2019 | Inside EPA
By Doug Obey
A new “working paper” co-authored by a former Obama administration climate adviser estimates that the per-ton costs of greenhouse gas cuts under state renewable electricity mandates exceed the social cost of carbon (SCC), a critique that could bolster general pushback against such programs or aid calls for alternatives such as a carbon tax or “clean” energy standards.
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(ACC Mentioned) U.S. Chemical Production Lower In March, ACC Says
Apr 25, 2019 | ChemEngOnline
By Scott Jenkins
According to the American Chemistry Council (ACC; Washington, D.C.; www.americanchemistry.com), the U.S. Chemical Production Regional Index (U.S. CPRI) fell by 0.4 percent in March, following a revised 0.3 percent decline in February and a 0.1 percent gain in January. During March, chemical output was higher in the Northeast and West Coast regions, but fell in the Gulf Coast, Midwest, Ohio Valley and Southeast regions, ACC says. Output in the Mid-Atlantic region was flat.
Chemical production was mixed over the three-month period. There were gains in the production three-month moving average (3MMA) output trend in adhesives, coatings, other specialty chemicals, synthetic rubber, fertilizers, crop protection chemicals, consumer products and chlor-alkali. These increases were offset by declines in the output of plastic resins, organic chemicals, industrial gases, manufactured fibers and other inorganic chemicals.
Nearly all manufactured goods are produced using chemistry in some form. Thus, manufacturing activity is an important indicator for chemical production. On a 3MMA basis, manufacturing activity slipped by 0.3 percent in March, the second straight decline since May 2018. Output expanded in several chemistry-intensive manufacturing industries, including food and beverages, aerospace, computers and electronics, semiconductors, and oil and gas extraction.
Compared with March 2018, U.S. chemical production was up by 3.1 percent on a year-over-year (Y/Y) basis, a weaker comparison than in February. Chemical production was higher than a year ago in all regions, with the largest gains in the Gulf Coast region, reflecting gains in the output at new shale-advantaged chemical plants.https://www.chemengonline.com/u-s-chemical-production-lower-in-march-acc-says/?printmode=1
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(ACC Mentioned) US March Chemical Production Declines 0.4% – ACC
Apr 25, 2019 | ICIS
HOUSTON (ICIS)--US chemical production fell by 0.4% in March from February, with lower output in the Gulf Coast, Midwest, Ohio Valley and Southeast regions, the American Chemistry Council (ACC) said.
The ACC’s US Chemical Production Regional Index (US CPRI) decrease in March followed a revised 0.3% drop in February and 0.1% gain in January.
By segment, US chemical production was mixed over the three-month period.
Output rose in adhesives, coatings, other specialty chemicals, synthetic rubber, fertilizers, crop protection chemicals, consumer products and chlor-alkali.
However, these were offset by declines in the output of plastic resins, organic chemicals, industrial gases, manufactured fibres and other inorganic chemicals.
Year on year, US chemical production in March remained up by 3.1%, with higher output across all regions.
The following table shows the regional percentage change of the ACC’s US CPRI in March, seasonally adjusted on a three-month moving average.
https://www.icis.com/explore/resources/news/2019/04/25/10353556/us-march-chemical-production-declines-0-4-acc
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(ACC Mentioned) U.S. EPA Official, Company Execs Speak on Sustainability at Global Plastics Summit
Apr 26, 2019 | Coatings World Magazine
Facing mounting consumer and regulatory pressure over plastics waste and its impact on the environment, Ron Vance, chief of the resource conservation branch of the U.S. Environmental Protection Agency (EPA), will join executives of a leading consumer brand and plastics producers and manufacturers as speakers on sustainability at the Global Plastic Summit (GPS) 2019, June 4-6, 2019, in Houston.
The event is hosted by global business information provider IHS Markit and the Plastics Industry Association (PLASTICS). The GPS, which has traditionally been held in Chicago, has moved to Houston’s Post Oak Hotel for 2019.
The first EPA official to speak at GPS, Vance will provide an update on the status of the U.S. EPA’s current Sustainable Materials Management Program Strategic Plan: 2017-2022. According to the EPA, the vision of the plan is to “protect human health and the environment by advancing the sustainable use of materials throughout their lifecycle to minimize waste and environmental impacts.”
Vance will discuss the EPA’s evolving data systems, including the “Facts and Figures Report,” and how they fit into the big picture of the agency’s sustainable materials management plan. In addition, he will provide an update on stakeholder work to date to strengthen the U.S. recycling system.
“Bringing together the policymakers with plastics producers and brand owners is an essential step toward achieving an effective strategy to address this issue that is foremost in the minds of chemical producers today," said Nick Vafiadis, VP, plastics, at IHS Markit.
As announcements of additional polyolefins capacity and images of plastic pollution share the headlines globally, the need for a differentiated and sustainable plastic industry is emerging, IHS Markit said in its recent report on sustainability: Plastics Sustainability - A Sea Change: Plastics Pathway to Sustainability. The transition from a linear (“take-make-dispose”) economy to a circular economy (“recover-innovate-reuse”) represents a shift to ensure industry sustainability and value creation, IHS Markit said.
According to the IHS Markit study, global plastics demand in 2017 was nearly 185 million metric tons (MMT) but fueled by growing demand from rapidly expanding middle-class populations of consumers in China and India, global plastics demand will exceed 300 MMT by 2030. However, rapidly expanding plastics bans, particularly for single-use plastics (SUPs), pose a significant future demand threat for plastics producers— “the potential exists to cut plastics demand growth in half by 2030 to 2035,” the IHS Markit report said.
The sustainability issue has gained significant momentum in the eyes of global consumers and regulators moved by images of the great “Pacific Garbage Patch,” a floating mass of waste, reportedly more than twice the size of the state of Texas, located in the ocean between Hawaii and California. This reality, combined with images of marine animals tangled in plastic waste, is driving increased pressure on plastics producers and brand owners from across the food, consumer, packaging, logistics and shipping industries, to take a stronger leadership role and responsibility in addressing the waste issue.
“In my conversations with the leaders of plastics resins producers and manufacturers, it is clear the plastics industry understands the need to be very proactive in embracing sustainability across the entire supply chain,” Vafiadis said. “This includes leading stakeholder discussions and finding ways to partner with retailers, consumers, recyclers, and even with designers, to plan for second-life uses for products after they are initially consumed.”
To that end, Allison Lin, VP, procurement and sustainability at Westfall Technik; Burgess Davis, senior director, corporate strategy, Pepsico, and Keith Christman, managing director of plastics markets for the American Chemistry Council, will join Greg DeKunder, VP, polyethylene marketing, NOVA Chemicals, on a sustainability panel during the executive conference at GPS 2019, Wednesday, June 5. Irlam Aragao, VP, industrial support, improvements and sustainability, Braskem Polyolefins North America, will discuss Braskem’s initiatives in support of the Alliance to End Plastic Waste (AEPW).
Patty Long, interim president and CEO, Plastics Industry Association (PLASTICS), will discuss changing the plastics narrative, and Nina Butler, CEO of MORE Recycling, will discuss aligning recycling infrastructure and policy development. According to IHS Markit, less than 30 percent of PET plastic (polyethylene terephthalate, the key plastic used in water and soda bottles) is currently recycled in the U.S., a significant challenge for producers facing mandates from brand owners to deliver more recycled plastics for packaging in just a few short years.
IHS Markit experts and other leaders from across the plastics value chain will discuss the slowing global economy, the plastics market outlook, current issues relative to trade and tariffs, and the move toward a circular economy. Additionally, they will address the value chain of plastics, redesigning plastics packaging to use less plastic and to be easily recyclable, and to invest in the necessary infrastructure to increase the recyclability of plastics.
https://www.coatingsworld.com/contents/view_breaking-news/2019-04-26/us-epa-official-company-execs-speak-on-sustainability-at-global-plastics-summit
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(ACC Mentioned) Is the EPA Stifling Science on Chemical Toxicity Reports?
Apr 26, 2019 | Scientific American
By Jim Daley
Critics say changes to the agency’s review process will harm public health
The Environmental Protection Agency is changing its approach to chemical toxicity oversight, according to a report issued recently by the Government Accountability Office. In the overhaul, the EPA reassigned staff from its Integrated Risk Information System (IRIS)—a program that conducts comprehensive scientific reviews—to duties related to the Toxic Substances Control Act, which has a narrower mandate. The agency has also reduced the number of its ongoing chemical toxcity assessments from 20 to three. Former EPA officials contend the shake-up takes chemical assessments out of the hands of career scientists, potentially to the detriment of public health.
The EPA also recently halted release of a long-awaited formaldehyde toxicity assessment. In testimony before a congressional oversight committee on April 9, EPA Administrator Andrew Wheeler said the study, which had already been completed by IRIS, will instead be reconducted under the TSCA program. Formaldehyde, which is used in manufacturing pressed wood, adhesives and insulation, has been linked to leukemia.
IRIS was created in 1985 to study chemicals’ toxicity to humans. The program’s assessments “are the preferred source of toxicity information used by the EPA,” according to the agency’s website, which says EPA program offices (units responsible for specific areas such as air pollution or water quality) use IRIS toxicity values to determine public health risks posed by chemicals. The TSCA, passed in 1976, more narrowly authorizes the EPA to review and regulate chemicals determined to pose an “unreasonable risk” to human health and the environment.
An EPA official, who spoke on the condition of anonymity due to not being authorized to talk to the media, says IRIS and TSCA are “very different” in their approaches to chemical safety regulation. “One could make the argument that this is political interference, in that high-level people are saying which methodology we should be using to assess the safety of a chemical,” the official says. “And the policy’s pretty clear that they’re not supposed to do that.”
Under the changes, EPA leadership also now requires a program office to make a formal request for a chemical toxicity assessment before IRIS can release it to the public. According to the GAO report, the EPA’s Office of Research and Development (ORD) informed IRIS officials in June 2018 of this new requirement. The report adds that at the same time, the EPA administrator (then Scott Pruitt, who was succeeded by Wheeler the following month) directed IRIS officials to request reconfirmations of 20 chemical assessments—which were then already under way—from program and regional offices. While those were being compiled, the report says, ORD leadership instructed IRIS not to publicly release any assessment documentation—including chemical assessment documents that were ready for agency or peer review or for public comment. Possibly as a result of these changes, IRIS did not release a new chemical assessment for the remainder of 2018.
Genna Reed, a science and policy analyst at the Union of Concerned Scientists, says TSCA has become politicized, and that “shifting IRIS scientists to a more political process to look at these chemicals is undermining the work of EPA’s own scientists.” As evidence of politicization, Reed points to the 2017 appointment of Nancy Beck—a former lobbyist for the American Chemistry Council—to deputy assistant administrator of the EPA’s Office of Chemical Safety and Pollution Prevention, which implements TSCA.
“I really see this as part of a restructuring of EPA in such a way that science will have very little to do with what EPA is basing its regulation on, and that we will end up with much weaker regulations in terms of protecting the public health,” says Bernard Goldstein, who served as EPA assistant administrator for research and development in 1983–85. “It’s troubling, in large part because it’s very consistent with an overall approach—a very astute approach—to take out inconvenient facts.” Thomas Burke, a former EPA lead science adviser and the Deputy Assistant Administrator of the ORD from 2015-17, says “any reduction” of the number of IRIS chemical assessments “is a loss for public health and, unfortunately, puts populations who are exposed at risk.”
The IRIS assessment of formaldehyde toxicity was reportedly ready to be made public as early as 2017, but its release was suspended in December 2018. On April 9 this year, EPA Administrator Wheeler told a Congressional Energy and Commerce Committee hearing that the EPA “will not be moving forward” with the assessment. Wheeler told the committee formaldehyde will instead be reviewed under the TSCA program; when asked whether the IRIS assessment would ever be made public, he did not answer directly. The EPA office of public affairs had not responded to repeated requests for comment by the time of publication.
“If any IRIS assessment has stood the test of review, formaldehyde is one of them,” Burke says. “I think it’s a shame to see that slow-walked and shifted over to [TSCA], where there is a much narrower definition of evaluating potential exposures … rather than providing a big, robust evaluation of the full body of evidence.”
“I am concerned that the EPA under Administrator Wheeler is not carrying out its fundamental responsibility to protect Americans from exposure to harmful toxic chemicals as outlined in the GAO report,” says Representative Mikie Sherrill (D–N.J.), who chairs the House Subcommittee on Investigations and Oversight. Sherrill says the committee “needs to ensure that political interference within the EPA, such as suppressing the formaldehyde report, does not interfere with sound science and our safety.”
Wheeler testified that formaldehyde was not one of the chemicals a program office had designated as high-priority during last summer’s review. According to Wheeler, the advantage of using the TSCA risk evaluation process is that it allows for regulation at the end of the process. “If we were to move ahead with the formaldehyde IRIS assessment, it would be a minimum of 18 months,” Wheeler told the committee. “And we decided it was more important to put formaldehyde through the TSCA program, because at the end of the day you can regulate formaldehyde under TSCA.”
Burke disagrees with this characterization, and says the EPA “can use the [IRIS] evidence base for a pervasive environmental contaminant and use the full extent of the statutes,” Burke says. “Moving it to the TSCA program, where the scope would be greatly narrowed, and the evidence base would be narrowed—I wouldn’t agree with that.” Rita Schoeny, who was a senior science advisor at the EPA until 2015, says it is accurate “on paper” that IRIS does not have specific regulatory authority—but that Wheeler’s characterization could lead to misinterpretation. “IRIS is not toothless; it carries a lot of weight,” Schoeny says. “The science, the risk assessment, is an enormous driver in terms of how regulations are set.”
https://www.scientificamerican.com/article/is-the-epa-stifling-science-on-chemical-toxicity-reports/
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E.P.A. Proposes Weaker Standards on Chemicals Contaminating Drinking Water
Apr 26, 2019 | The New York Times
By Eric Lipton and Julie Turkewitz
WASHINGTON — After pressure from the Defense Department, the Environmental Protection Agency significantly weakened a proposed standard for cleaning up groundwater pollution caused by toxic chemicals that contaminate drinking water consumed by millions of Americans and that have been commonly used at military bases.
Standards released by the agency on Thursday eliminated entirely a section that would have addressed how it would respond to what it has described as “immediate threats posed by hazardous waste sites.” Those short-term responses, known as removal actions, can includeexcavating contaminated soil or building a security fence around a toxic area.
Exposure to the class of toxic chemicals, called per-and polyfluoroalkyl substances, has been linked in recent years to kidney cancer, testicular cancer, thyroid disease, high cholesterol and ulcerative colitis, among other diseases. Animal studies also show delays in development.
For decades, the substances, more commonly known as PFAS, have been placed in all kinds of everyday products — nonstick pans, clothing, furniture. They can also be found in firefighting foams used on military bases, on airfields and by municipal firefighters.
The proposed guidelines — which will now be open for 45 days of public comment before they are completed — could have the largest effect on the Defense Department. The Pentagon has used PFAS-related chemicals extensively as a firefighting tool, and it has confirmed the release or the possible release of the chemicals at 401 locations nationwide, in some cases contaminating known drinking water supplies.
Over the past year, the Pentagon objected to language the E.P.A. had proposed to set these so-called cleanup standards, bringing those concerns to the White House, which coordinates the review of major regulatory proposals.
In the proposal, the E.P.A. had suggested a water contamination level that could incite immediate removal action. That level was 400 parts per trillion of two types of PFAS, a copy of the original proposal shows. That suggestion is now gone.
The recommendations issued Thursday focus instead on longer-term remedial actions — which can take years — to address instances in which the government has confirmed that drinking water supplies have been contaminated.
In those cases, the agency said it expected cleanup or other actions in areas where drinking water supplies have been contaminated with at least 70 parts per trillion of the chemicals. A different threshold could potentially allow many sites that would have faced cleanup requirements based on its original proposal to avoid such efforts.Editors’ PicksIt’s Not You, It’s MenThe Racial Bias Built Into PhotographyI Fed My Husband a Combat Ration to Teach Him About My Military Childhood
The proposal also suggests that when water tests for PFAS at 40 parts per trillion, officials should open a larger investigation to evaluate the spread of the chemicals and find responsible parties.
But the agency does not explicitly ask polluters to take action in areas around the United States where polluted water is not being used as drinking water.
The guidelines immediately drew criticism from Senator Thomas R. Carper of Delaware, the top Senate Democrat who helps oversee the E.P.A., and from environmentalists and health advocates who have urged the agency to aggressively confront the issue.
A senior scientist at the Environmental Working Group, David Andrews, criticized the guidelines as a “woefully inadequate response” to what has been widely called one of the most pressing public health threats in the United States. The groundwater contamination has turned up in at least 33 states and affects an estimated 10 million Americans.
“It is a Band-Aid, at best, that does essentially nothing to help the hundreds — perhaps thousands — of communities, in almost every state, with contaminated tap water,” he said. “Americans need real and swift action to address this crisis, not more toothless proposals from the Trump administration.”
An E.P.A. spokesman said it was incorrect to assert that the changes in the proposed guidelines meant that the agency would not advocate immediate steps to protect public health when such actions were warranted.
“E.P.A. has worked and will continue to work with state, tribal, and local governments to protect the public health,” said the spokesman, John Konkus.Sign Up for the Crossing the Border Newsletter
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For months, people living in communities with contaminated groundwater have asked the E.P.A. to push for cleanup, concerned that groundwater will eventually become drinking water.
Those places include cities and towns near Peterson Air Force Base in Colorado; the former Pease Air Force Base in New Hampshire; Stewart Air National Guard Base in New York; Wright-Patterson Air Force Base in Ohio; and Cannon Air Force Base in New Mexico.
Oscoda, Mich., home to the former Wurtsmith Air Force Base, is among the towns with extensive PFAS contamination in its groundwater.
In an interview, Aaron Weed, the town supervisor and a 22-year veteran of the Air Force, said the guidelines gave him little hope that the Defense Department would move quickly to address cleanup.
“I think the Air Force, who says that people are their No. 1 resources, aren’t putting their money where their mouth is,” he said, “and they are letting the citizens of their country suffer from their lack of desire to fix the problem.”
https://www.nytimes.com/2019/04/25/us/epa-chemical-standards-water.html
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EPA Unveils PFAS Groundwater Guide But DOD Compliance Uncertain
Apr 25, 2019 | Inside EPA
By Suzanne Yohannan
EPA has issued long-delayed draft interim guidelines for cleaning up groundwater contaminated with per- and polyfluoroalkyl substances (PFAS) at levels stricter than what the Defense Department (DOD) and the other agencies have sought, though it is not clear whether DOD and the other agencies will comply at levels recommended by EPA.
The draft document is also drawing criticism for creating uncertainty about when or whether liable parties will have to remediate contaminated groundwater.
EPA April 25 released its draft interim guidance that recommends an initial cleanup goal should be set at 70 parts per trillion (ppt), appearing to shoot down DOD arguments that cleanup levels should be much weaker.
“In situations where groundwater is being used for drinking water, EPA expects that responsible parties will address levels of [perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS)] over 70 ppt,” EPA says in the guidance.
The issuance comes shortly after Acting Defense Secretary Patrick Shanahan strongly defended the department's position that the acceptable risk level for cleanup of the two PFAS should be much weaker than the 70 ppt EPA favors, raising doubts that DOD's lengthy dispute with EPA before the White House Office of Management of Budget would end soon.
In his April 10 letter to to Sen. Jeanne Shaheen (D-NH), Shanahan denied DOD is “seeking to weaken” EPA's preferred groundwater cleanup level for the two chemicals, but defended DOD's support for a risk cleanup level of 380 ppt, saying that level is based on the risk-based process EPA endorses under the Comprehensive Environmental Response, Compensation & Liability Act.
But Sen. Tom Carper (D-DE), the top Democrat on the Environment and Public Works Committee, in an April 25 statement is already criticizing the EPA guidance for failing to include an “emergency” removal level of PFAS that would trigger the provision of bottled water or other urgent measures to protect the public.
He also said the guidance fails to clarify that DOD has agreed to take action to clean up sites that are contaminated at levels between 70-380 ppt, a commitment DOD had previously resisted.
“After languishing in interagency review for months, the draft guidance finally released by EPA fails to adequately protect public health from this emerging crisis,” Carper said.
Despite the dispute between EPA and DOD, EPA Administrator Andrew Wheeler, just two weeks after Shanahan's letter, issued the long-promised guidance.
Its issuance appears to end what had been a long-simmering interagency dispute between EPA and DOD, as well as other federal agencies, over EPA's pending groundwater cleanup policy for the two PFAS.
Democratic lawmakers had in recent weeks urged EPA not to accede to pressure from DOD and other agencies to set a weaker level than 70 ppt. DOD and the National Aeronautics & Space Administration and Small Business Administration had opposed such a limit and insisted on a level of 400 ppt, which would significantly reduce the number of contaminated sites and cleanup costs the federal agencies face, Carper said last month of the dispute.
Policy Confusion
In the draft document, out for public comment until June 10, EPA recommends a preliminary remediation goal (PRG) for PFOA and PFOS -- the two most common PFAS -- at 70 ppt for groundwater that is a potential source, or currently is a source, of drinking water, provided no state or tribal drinking water or other applicable state standards exist.
And on its website announcing the guidance, the agency welcomes comments “on any part of the guidance,” including its use of the agency's drinking water health advisory of 70 ppt as the recommended PRG for groundwater, “or whether higher or lower values would be supported."
But the draft document is already drawing strong criticism on the PRG and other issues. Carper, for example, takes issue with differing descriptions in the guidance of when the PRG would apply, noting that in one place the guidance says the 70 ppt standard applies to groundwater that is a current or potential source of drinking water while in another section it says it applies where groundwater is being used for drinking water.
This indicates that it is possible that polluters will not be required to clean up groundwater that states have designated as a future source of drinking water but is not yet being used as such, he said.
Environmental Working Group Senior Scientist David Andrews, in an April 25 statement, said the guidance is “a woefully inadequate response to the growing nationwide crisis of drinking water contaminated with PFAS."
Specifically, the document falls short of what is needed by failing to declare PFAS chemicals to be hazardous substances under the Superfund law; failing to legally require the chemical industry or DOD to clean up contaminated sites; and relying on the agency's PFOA and PFOS health advisory level for drinking water, which EWG says the federal Agency for Toxic Substances and Disease Control, scientists for a number of states, and private researchers have found to be too weak to protect public health.
PRGs are set for an exposure route at the contaminant concentration that is believed to provide adequate protections based on preliminary site data, the guide says in a footnote. It notes that PRGs may be modified as new data are collected during the remedial investigation, such as the baseline risk assessment, and additional applicable or relevant and appropriate requirements (ARARs) -- generally state standards -- are identified.
The agency also says 40 ppt should be used as a “screening level” to identify sites with groundwater contamination that may warrant further investigation. That level was driven by non-cancer risks, although it will be protective of the cancer endpoint as well, EPA points out.
The screening level, in considering non-cancer effects, uses a hazard quotient (HQ) of 0.1 for PFOA or PFOS individually, a stricter level than EPA typically uses for screening for single contaminants, the guide says. This is partly because of the additive toxicity of the two chemicals and the possibility that other PFAS, “which may be toxic but for which toxicity values may not currently be available, may be co-located with PFOA and/or PFOS,” it says.
“Using a HQ of 0.1 is recommended to ensure that PFOA- and PFOS-contaminated sites are further evaluated rather than prematurely screened out,” the guide says.
EPA is also deferring to state standards, if they exist, for groundwater cleanups, but recommends using the 70 ppt groundwater level for PFOA and PFOS, combined, as a backstop if no state standards exist. “Where state or tribal laws or regulations qualify as ARARs for PFOA or PFOS, those standards should be used to develop PRGs,” it says in the draft guide.
Still, some states, like New Jersey, have already set standards at levels much stricter than EPA's recommended standard.
EPA explains that as a remedial investigation progresses and risk assessment information becomes available, PRGs are often revised. These modifications can be due to several factors, “including consideration of site/aquifer-related exposure through multiple exposure pathways or exposure to multiple chemicals -- either of which may raise the cumulative risk of site-related chemicals out of the acceptable exposures and risk range.” Further, “other site-specific considerations could lead to a different cleanup level,” it says.
https://insideepa.com/daily-news/epa-unveils-pfas-groundwater-guide-dod-compliance-uncertain
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EPA Floats Plan To Clean Up 2 Nonstick Toxins
Apr 25, 2019 | E&E News PM
By Ariana Figueroa and Corbin Hiar
EPA this afternoon proposed cleanup guidance for groundwater contaminated by certain toxic nonstick chemicals that recommends reducing the substances to levels the agency previously determined pose no health risks.
The draft interim recommendations for PFOA and PFOS — the two best-known types of per- and polyfluoroalkyl substances, or PFAS — don't include any emergency response provisions and are less protective than those called for by the Department of Health and Human Services and some states, critics noted.
The agency's current 70-parts-per-trillion health advisory would be the preliminary remediation goal for PFOA- and PFOS-contaminated groundwater "that is a current or potential source of drinking water," the recommendations say.
"In situations where groundwater is being used for drinking water, EPA expects that responsible parties will address levels of PFOA and/or PFOS over 70 ppt," the guidance says.
The agency also recommended a lower 40 ppt screening level for PFOA and PFOS at sites where more than one contaminant is found.
The chemicals are found in military firefighting foam and kitchenware appliances, and are linked to cancer and thyroid problems.
EPA Administrator Andrew Wheeler in a statement described the guidance as "a critical tool for our state, tribal and local partners to use to address these chemicals."
But Delaware Sen. Tom Carper, the top Democrat on the Environment and Public Works Committee, bashed EPA's slow response to addressing the two specific substances and the broader dangers posed by PFAS.
"The draft guidance finally released by EPA fails to adequately protect public health from this emerging crisis," Carper said in a statement.
The senator specifically pointed to its lack of a removal level of PFAS that would trigger the provision of bottled water or other urgent measures to protect affected communities. Without such a provision, Carper said, people could have little choice but to drink water contaminated at levels well in excess of 70 ppt during the months or years a cleanup could take to complete.
Public health advocates also slammed the draft document.
"This proposal is not a serious response to a drinking water contamination crisis that has already ballooned out of control," Environmental Working Group senior scientist David Andrews said in a release. "It is a Band-Aid, at best, that does essentially nothing to help the hundreds — perhaps thousands — of communities, in almost every state, with contaminated tap water."
Many states are already moving to implement stricter limits on PFOA and PFOS in drinking water. New Jersey, for example, plans to impose firm maximum contaminant levels for PFOA and PFOS at 14 ppt and 13 ppt, respectively (Greenwire, March 4).
Last year, the Department of Health and Human Services' Agency for Toxic Substances and Disease Registry said so-called minimum risk levels for the toxins should be seven to 10 times lower than standards set by EPA in 2016, with the lowest level at 12 ppt (Greenwire, June 20, 2018).
Comments on the interim guidance are due by June 10.
https://www.eenews.net/eenewspm/2019/04/25/stories/1060218683
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EPA Drops Emergency Trigger From PFAS Cleanup Guidance
Apr 25, 2019 | PoliticoPro
By Annie Snider
EPA made no promise to provide bottled water to communities with dangerous levels of a pair of toxic chemicals in their aquifers or take other emergency actions in long-awaited cleanup guidance released today.
The guidance does not include a trigger for federal regulators to respond immediately to sites contaminated with dangerously high levels of the chemicals PFOA and PFOS, as is typically included in such documents and was part of the draft guidance sent to the White House last summer for interagency review.
The elimination of an emergency action level is one of several ways critics say the Defense Department successfully lobbied EPA and the White House to weaken the new guidelines for cleaning up contaminated sites. The "draft interim recommendations" released today were stalled at the White House for more than seven months as DoD, which faces major liability for the chemicals that were used for decades in firefighting foam, sought to make them less stringent.
Sen. Tom Carper (D-Del.), the top Democrat on the Environment and Public Works Committee, said the new guidance "fails to adequately protect public health from this emerging crisis."
"Administrator Wheeler himself said that safe drinking water is the greatest environmental challenge facing our world, yet, again, we see that EPA is not addressing this issue in the manner in which it demands, nor with the urgency in which Americans deserve,” Carper said in a statement.
The Trump administration has faced criticism for its handling of the class of PFAS chemicals from both Democrats and Republicans who argue that EPA's approach lacks urgency. The chemicals, which are not regulated in drinking water, have been linked with cancer, immune system problems and other ailments. EPA has previously said it will decide by the end of the year whether or not to set a drinking water limit that would require utilities to filter PFOA and PFOS out of tap water.
The new groundwater cleanup guidance deals instead with the root of the problem. It laysout how stringently polluters should be forced to cleanse groundwater that is or could be used as a drinking water source.
Typically, EPA sets emergency levels, called "removal management levels," when it issues guidance for how to cleanup hazardous substances at Superfund sites and other contaminated properties. When contamination at a site exceeds that level, EPA can use its own funds to swiftly remove the substance and take other steps such as delivering bottled water to replace contaminated supplies, rather than wait to identify responsible parties and go through the lengthy Superfund process.
But the guidance released today included no such emergency level, and directs regional offices to consult with headquarters on a "case-by-case basis" before tapping agency funds or taking an enforcement action. The version of the guidelines that EPA sent to the White House last August included an emergency level that was set at 400 parts per trillion, as POLITICO reported in January.
Betsy Southerland, who led work on the chemicals at EPA before retiring in 2017, said the emergency removal levels are crucially important.
"It’s a very powerful tool that EPA can immediately step in and pay for [cleanup]. They can’t say, 'It’s going to take us a couple of years to figure out who the responsible party is here so we’ll study this for a while and see if we can find somebody to foot the bill and we’ll let you know, community, if you can get some help," Southerland said.
The Defense Department has sought to limit cleanup requirements for PFOA and PFOS, which it says are known or suspected of contaminating 401 military sites around the country. A top DoD official has estimated that the cleanup will cost $2 billion, but DoD has not said what cleanup levels that estimate is based on.
Much of the controversy around the new cleanup guidance related to a separate provision in the document that sets a cleanup goal for contaminated sites. EPA set that goal at 70 parts per trillion for PFOA and PFOS together — the same level the agency said was a safe limit in drinking water in its 2016 health advisory and far lower than the Pentagon wanted. DoD had sought to significantly weaken that standard, according to a letter sent last month by Carper to EPA Administrator Andrew Wheeler.
The guidance released by EPA today maintained the cleanup goal of 70 parts per trillion, although it noted that "site-specific considerations could lead to a different cleanup level."
EPA did not explain why the agency decided to eliminate the emergency action level from the guidance before it was released Thursday. A spokesperson said the agency viewed 70 ppt as "appropriate for determining what levels in drinking water presents a potential risk, for evaluating remedial alternatives."
But what exactly that goal would apply to is unclear. While the document states that the cleanup goal is for "groundwater that is a current or potential source of drinking water," it also includes a statement that EPA "expects that responsible parties will address" levels of the chemicals above 70 parts per trillion "in situations where groundwater is being used for drinking water."
Southerland said that states often seek to protect future sources of drinking water as carefully as they do current sources.
"They want to go ahead and protect it because it’s just a matter of time before they have a housing development there or some other industry there," she said.
The guidance released today will be open for public comment for 45 days, and EPA underscored that it "does not represent and should not be construed to represent any Agency determination or policy until it is finalized."
The Defense Department said it supports the process but emphasized that it is not complete.
"We support the public comment process and look forward to working with EPA to implement the final guidance document," DoD spokesperson Heather Babb said by email.
A number of senators have asked EPA, DoD and the White House Office of Management and Budget for documents related to the interagency review of the PFAS guidance.
https://subscriber.politicopro.com/article/2019/04/epa-drops-emergency-trigger-from-pfas-cleanup-guidance-1384172
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EPA’s Proposed PFAS Guidance Falls Far Short on Public Health Protection and Cleanup
Apr 26, 2019 | Environmental Working Group
By Alex Formuzis
WASHINGTON – The draft interim recommendations for cleanup of the toxic fluorinated chemicals known as PFAS, announced today by Environmental Protection Agency chief Andrew Wheeler, are a woefully inadequate response to the growing nationwide crisis of drinking water contaminated with PFAS, said EWG Senior Scientist David Andrews.
“This proposal is not a serious response to a drinking water contamination crisis that has already ballooned out of control,” said Andrews. “It is a Band-Aid, at best, that does essentially nothing to help the hundreds – perhaps thousands – of communities, in almost every state, with contaminated tap water. Americans need real and swift action to address this crisis, not more toothless proposals from the Trump administration.”
Wheeler’s proposal falls short in three significant ways:It does not declare PFAS chemicals to be hazardous substances under the Superfund cleanup law.It does not legally require the chemical industry or Pentagon to clean up contaminated industrial sites, dumps or military facilities.It recommends cleanup of groundwater to 70 or 40 parts per trillion, or ppt, based on EPA’s non-binding lifetime health advisory level for drinking water. Studies by the federal Agency for Toxic Substances and Disease Control, scientists for a number of states, and private researchers have found that those levels are far too high to protect public health. Many states, such as New Jersey, New York and Vermont, have proposed drinking water and groundwater standards at or near 20 ppt for the combined level of PFOA and PFOS – the two most notorious of the hundreds of PFAS chemicals in current use.
EWG has called on the Trump administration and Congress to take a series of steps to protect the public from further exposure to PFAS chemicals, including directing the military to quickly clean up contaminated bases, make polluters pay their fair share, add PFAS to the Superfund cleanup law and set an enforceable, health-protective limit for tap water.
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The Environmental Working Group is a nonprofit, non-partisan organization that empowers people to live healthier lives in a healthier environment. Through research, advocacy and unique education tools, EWG drives consumer choice and civic action.
https://www.ewg.org/release/epa-s-proposed-pfas-guidance-falls-far-short-public-health-protection-and-cleanup
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Senators Ask GAO For Review of Federal PFAS Costs
Apr 25, 2019 | PoliticoPro
By Annie Snider
Top senators on the Senate Homeland Security and Governmental Affairs Committee are asking a federal watchdog to review the costs to the federal government associated with a class of toxic chemicals.
In a letter to the head of GAO today, the bipartisan group asked for a report on the extent to which federal agencies like the DoD have addressed the contamination and the health effects of the chemicals, costs associated with doing so, as well as "actions any agencies or departments responsible for cleaning up PFAS contamination have taken to minimize the federal government's financial liabilities."
"As federal entities undertake these cleanup efforts, Congress must ensure that taxpayer dollars are used effectively," HSGAC Chairman Ron Johnson (R-Wis.), ranking member Gary Peters (D-Mich.) and Environment and Public Works Committee ranking member Tom Carper (D-Del.) wrote.
The letter came the same day that EPA released draft guidance for cleaning up two types of PFAS in groundwater — guidance that was at the center of a long-running fight between EPA and DoD. Johnson and Peters have previously asked for documents relating to the interagency review of that guidance.
https://subscriber.politicopro.com/article/2019/04/senators-ask-gao-for-review-of-federal-pfas-costs-3142670
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EPA Releases Groundwater Cleanup Guidance for PFOA and PFOS
Apr 25, 2019 | PoliticoPro
By Annie Snider
EPA has released guidance on how stringently two toxic chemicals should be cleaned up at Superfund sites and other contaminated properties around the country, setting a goal that is far stricter than the Defense Department had sought.
The "Draft Interim Recommendations," which were stalled in interagency review at the White House for more than seven months, sets a cleanup goal of 70 parts per trillion for the chemicals PFOA and PFOS in groundwater that is a current or potential source of drinking water. That goal matches EPA's 2016 drinking water health advisory.
"Today, we are delivering on one of our most important commitments under the PFAS Action Plan," Administrator Andrew Wheeler said in a statement.
The Defense Department, which says it has 401 sites with known or suspected contamination from the chemicals, had fought that cleanup level fiercely, arguing for a much higher standard of 400 parts per trillion, according to Senate Environment and Public Works Committee Ranking Member Tom Carper (D-Del.).
The cleanup goal is not a firm standard; under the Superfund law, cleanup levels for individual sites are set on a site-specific basis, taking into account factors like the other contaminants at the site and how the property is likely to be used in the future.
EPA said in its press release that the guidance was based on the agency's "current scientific understanding of PFAS toxicity" and would be revised "as new information becomes available."
The guidance will be open for public comment for 45 days.
https://subscriber.politicopro.com/article/2019/04/epa-releases-groundwater-cleanup-guidance-for-pfoa-and-pfos-3137893
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Chemical Importers Could Face Brexit Disruptions, Sweden Warns
Apr 25, 2019 | BNA Daily Environment Report
By Marcus Hoy
Agency updates Brexit guidance, warns of legal impasses, trade disruptions
Ahead of Oct. 31 deadline, firms told to prepare for delays, new compliance tasks
Sweden has become the latest European Union member nation to warn chemical importers of the consequences of a no-deal Brexit.
On April 23, the Swedish Chemicals Agency (KemI) warned companies of trade disruptions ahead of the U.K.’s planned exit from the bloc.
Should no alignment of regulations be agreed on before the Oct. 31, the Brexit deadline, chemical imports from the U.K. would become subject to the stricter approval procedures required of those imported from other non-EU nations.
Such a transition would not be seamless and would entail a raft of procedural changes, KemI warned.
According to KemI, EU-based importers may no longer be able to rely on permits granted to U.K. companies under the EU’s Registration, Evaluation, Authorization, and Restriction of Chemicals (REACH) Regulation. Thus, under a no-deal scenario, many imports from the U.K. may become illegal overnight.
Labels and Range of ProductsImporters also may need to ensure that U.K. exporters comply with requirements under the EU’s Classification, Labeling, and Packaging (CLP) Regulation.
Biocide purchasers from U.K. companies may be required to ensure that the U.K. company has appointed a legally responsible person, and that both the company and the representative are included on the EU Biocidal Regulation’s Article 95 list of approved suppliers.
Keml adds that importers of electronics and toys should provide relevant contact details and an EU declaration of conformity in accordance with the EU’s Restriction of Hazardous Substances Directive and Toy Directive.
Finally, Sweden’s agency says importers of laundry and cleaning products will be regarded as manufacturers and must therefore list the contents of their consumer products online.
When contacted by Bloomberg Environment April 25, KemI spokesman Mattias Elander Forsgren said that the Swedish advice wasn’t specifically geared to Swedish companies and was consistent with import advice issued by the European Chemicals Agency (ECHA).
On April 25, ECHA spokesman Paul Trouth said that no sector-specific transition period was envisaged if a general Brexit deal was agreed to.
“A transition period is only applicable as part of the withdrawal agreement that the U.K. has not yet approved,” he said.
“No deal thus means no transition period. Our advice for companies is for them to continue to prepare for a new, flexible withdrawal date of October 31, 2019, at the latest,” Trouth added.
Industry Red FlagsThe Swedish advice follows a similar warning from the U.K.’s Chemical Industries Association, which together with the European Chemical Industry Council issued a Jan. 19 briefing note warning of a no-deal Brexit’s potential impact on the sector.
According to the statement, new REACH registrations could take several months to conclude, meaning a no-deal Brexit is likely to adversely impact import and export chains.
“While we believe that the conditions exist to reach a deal, we also believe that companies should be prepared for the worst,” the U.K.'s Chemical Industries Association Chief Executive Stephen Elliott said in a statement.
“U.K. chemical exports to the EU are worth around 20.3 billion euros [$22.6 billion] annually and imports are also worth around 20 billion euros. The best guarantee against market disruption is remaining within the REACH legislation and the ECHA.”
The Chemical Industries Association, European Chemical Industry Council, and the U.K.’s Chemical Business Association said that they remained hopeful of a Brexit deal that would allow cross-border trade to continue without disruption.
https://news.bloombergenvironment.com/environment-and-energy/chemical-importers-could-face-brexit-disruptions-sweden-warns
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Trump Officials Propose Reopening California Public Land to Fracking
Apr 26, 2019 | PoliticoPro
By Colby Bermel
SACRAMENTO — The Trump administration moved Thursday toward reopening California's public lands to oil and gas development, releasing a document on the potential impacts of fracking in what would be over 1 million acres in eight counties.
The Bureau of Land Management's draft environmental impact statement is a court-ordered supplement after a 2014 version was ruled inadequate by a federal judge. The agency hadn't issued any California leases since then.
BLM's updated draft EIS came the same day Interior Secretary David Bernhardt told The Wall Street Journal that a proposed offshore drilling plan has been indefinitely sidelined. That plan could've led to fossil fuel development off the coast of California.
With ocean extraction off the table for the time being, the Trump administration is continuing its effort to expand oil and gas throughout the country, including in California via the BLM process.
A resource management plan by the agency under President Obama predicted development in the California planning area would occur for a decade, with 100 to 400 wells drilled annually during that period. Some of that would happen via hydraulic fracturing, or fracking, a process the Obama plan did not account for in terms of environmental impact. That prompted the federal judge to order BLM to return with an updated assessment.
The development would occur in the counties of Fresno, Kern, Kings, Madera, San Luis Obispo, Santa Barbara, Tulare and Ventura if the updated draft EIS is approved and several more signoffs occur.
BLM's document said emissions stemming from California fracking could range from "minimal" to nearly 1,100 tons of nitric oxides annually across 400 wells. The water impact would also be significant, as a single fracked well in the Golden State would consume 200,000 gallons in its lifetime. Over the decade, that would total to 800 million gallons annually for 400 wells.
"This effort supports the Administration's goals of promoting environmentally responsible development of oil and gas on public lands, creating jobs and providing economic opportunities for local communities," BLM said in a statement accompanying the updated draft EIS, for which a public comment period starts Friday and ends June 10.
Environmentalists blasted the proposal, arguing it would slow California's progress toward climate goals and worsen the Golden State's already sensitive air, water and ground resources.
"Trump's plan would unleash a fracking frenzy that puts California's people and wildlife in harm's way," Center for Biological Diversity senior attorney Clare Lakewood said in a statement. "This administration is dead set on letting oil and gas companies dig up every last drop of dirty fuel. Putting these public lands back at the mercy of the fossil fuel industry would be a huge blow to our state’s future."
https://subscriber.politicopro.com/article/2019/04/politico-california-pro-trump-officials-propose-reopening-california-public-land-to-fracking-1384630
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Court Again Rejects Fracking in Santa Barbara Channel
Apr 26, 2019 | BNA Daily Environment Report
By Emily C. Dooley
Oil company DCOR LLC wanted a special exemption for two permits
Environmental groups said actions would harm endangered species
A federal judge in Los Angeles has denied a request for a special exemption for two permits that would have allowed fracking in the Santa Barbara Channel in California.
U.S. District Court of Central California Judge Philip Gutierrez denied a request April 23 from the oil company DCOR LLC that sought reconsideration of a previous order that found that the possible harm to sea otters, snowy plovers, and other endangered species outweighed possible monetary losses arising from a delay in issuing offshore fracking permits.
The court had ruled federal permits couldn’t be issued until Endangered Species Act and Coastal Zone Management Act reviews were finished.
DCOR argued it would lose out on an estimated $27.75 million in net revenues over five years and up to $174 million if it were forced to abandon a drilling platform because it could not move forward with hydraulic fracturing activities on the Pacific Outer Continental Shelf.
In his ruling, Gutierrez called the claims “more of a parade of horribles than an argument grounded in reality” because the oil would remain in the ground and would be delayed only until environmental approvals were obtained. He also said DCOR still has outstanding environmental documents to submit.
DCOR didn’t immediately respond to a request for comment.
“The impacts of offshore fracking and acidizing on local wildlife have never been meaningfully analyzed,” Santa Barbara Channelkeeper Executive Director Kira Redmond said in a news release. “We need information to understand the potential impacts of these practices so that appropriate measures can be implemented to protect marine life, our coast, our communities, and our economy.”
After Channel Keeper and Environmental Defense Center sued the Bureau of Ocean Energy Management and others a judge ruled in 2018 that federal authorities could not approve well stimulation treatments, such as fracking, without undertaking required environmental reviews. DCOR then sought a special exemption.
The case is Environmental Defense Center v. Bureau of Ocean Energy Management, C.D. Cal., No. 16-8418, order denying motion for reconsideration 4/23/19
https://news.bloombergenvironment.com/environment-and-energy/santa-barbara-fracking-appeal-turned-down-by-federal-court
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BLM Plans To Restart Calif. Oil And Gas Leasing
Apr 26, 2019 | E&E Energywire
By Pamela King and Ellen M. Gilmer
Federal regulators took a first step yesterday toward ending a five-year hold on oil and gas leasing in California.
The Interior Department's Bureau of Land Management offered an early version of a court-ordered National Environmental Policy Act review of hydraulic fracturing operations in the Golden State.
The draft supplemental environmental impact statement (SEIS) proposes to open more than 1 million acres in Fresno, Kern, Kings, Madera, San Luis Obispo, Santa Barbara, Tulare and Ventura counties to drilling.
The draft SEIS drew the ire of groups that have challenged the plan in court.
"Trump's plan would unleash a fracking frenzy that puts California's people and wildlife in harm's way," Clare Lakewood, a senior attorney at the Center for Biological Diversity, said in a statement.
"This administration is dead set on letting oil and gas companies dig up every last drop of dirty fuel," Lakewood said.
BLM hasn't issued any oil and gas leases in California since 2013, when the U.S. District Court for the Northern District of California ordered the agency to take a closer look at the impacts of fracking.
A few years later, the U.S. District Court for the Central District of California issued a similar decision, followed by a 2017 settlement barring BLM from new leasing while it reviewed impacts (Energywire, May 4, 2017).
The agency has continued to issue drilling permits for existing leases.
Lakewood said her group, which was involved in both cases, will consider further legal action if it finds inadequacies in BLM's final plan.
"It's always an option when an agency doesn't fulfill its legal responsibilities," she told E&E News.
The draft SEIS will be subject to a 45-day comment period. BLM is expected to finalize the review later this year.
"Expanding extraction of dirty fossil fuels on our public lands threatens the health of our communities and the future of our climate," Sierra Club Senior Campaign Representative Monica Embrey said.
"We will push back every step of the way against this reckless plan to subject more of California's lands, wildlife and communities to fracking," she said.
https://www.eenews.net/energywire/2019/04/26/stories/1060219501
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LNG Developers Said Better Armed to Shrug Off ‘Difficult Delivery Reputation’
Apr 25, 2019 | Natural Gas Intelligence
By Carolyn Davis
Nearly 90 million metric tons/year of liquefied natural gas capacity is likely to be sanctioned in the near term worldwide as the second wave of export projects begins, with developers hoping to avoid cost overruns that plagued the initial building boom.
Subscription requiredh, for full text: ttps://www.naturalgasintel.com/articles/118174-lng-developers-said-better-armed-to-shrug-off-difficult-delivery-reputation
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Declining Energy Prices Sap Momentum for Efficiency Legislation
Apr 25, 2019 | BNA Daily Environment Report
By Dean Scott
Boosting energy efficiency traditionally gets both parties’ support
Ohio’s Portman expects to reintroduce efficiency bill in May
Curbing energy use is an idea that typically enjoys bipartisan backing in Congress, but energy conservation and efficiency legislation now faces a new obstacle—relatively low energy prices—in addition to ongoing concerns over its price tag.
Oil prices surged this week to the $75-a-barrel mark sparked by renewed U.S. threats to tighten sanctions on Iran, but gasoline prices remain relatively low. Electricity rates, at least on the national level, have remained relatively flat for years.
Energy efficiency—from better-insulated homes to more stringent appliance standards—has traditionally served as an anchor for past legislative successes on energy, said Alex Flint, who was Republican staff director for the Senate Energy and Natural Resources panel from 2003 to 2006.
“Energy efficiency was where the parties could come together and begin to develop momentum for broader energy policy,” said Flint, who is now executive director of the Alliance for Market Solutions, a group soliciting GOP support for a carbon tax.
But energy prices were more on the public’s mind in the past—and today’s low prices mean less public demand for progress on efficiency, Flint said.
Flint also said climate advocates in Congress have grown impatient. They now have less incentive to get behind an energy-efficiency measure unless it is coupled with more substantive climate policies, which partly explains why Congress hasn’t passed major energy legislation in more than a decade.
“Until we can deal with climate change, there won’t be major” energy packages enacted, he said. “That’s what we’re really waiting on—some sort of agreement both on energy policy and on climate policy. And until that point, efficiency legislation doesn’t have enough impetus to move” on its own.
‘Negawatts’Energy efficiency does enjoy support among some Republicans looking to show that a divided Congress can at least put a dent in greenhouse gas emissions.
While clean energy and battery storage has enormous potential for producing more megawatts of power, nothing beats the “negawatts” or saved energy from efficiency measures, said Sen. Angus King (I-Maine), an Energy and Natural Resources Committee member.
Rep. Paul Tonko (D-N.Y.), the chairman of the House Energy and Commerce Committee’s Environment and Climate Change Subcommittee, touted energy efficiency in his March framework of climate action. That framework is expected to be the starting point for moving most Democratic-led climate bills.
In the Senate, Lamar Alexander (R-Tenn.), who chairs the Appropriations panel on energy and water spending, unveiled his New Manhattan Project for Clean Energy in March, a platform that calls for doubling energy research over five years that includes a green building initiative to improve energy efficiency.
Alexander’s plan, which would double funding over five years for the Energy Department’s Office of Science and the agency’s 17 national laboratories, would cost $6 billion annually. Energy Secretary Rick Perry called the plan “a step in the right direction” at a March 27 Senate Appropriations hearing, but said he would need more details before endorsing it.
Beyond research, efficiency advances would likely require either a subsidy or government regulation, such as efficiency standards for vehicles and household appliances.
Those are already under attack by the Trump administration, which has called for slashing the Energy Department’s energy efficiency and renewable energy office budget by 70 percent for fiscal 2020.
Some Republicans have knocked the price tags of some bills, including one (H.R. 1315) that would focus on workforce training in renewable energy and energy efficiency industries, especially for underrepresented minorities. The bill proposes $500 million in funding authorization for fiscal years 2020-2024.
Falling ShortEnergy efficiency backers have repeatedly come close to winning passage of a significant energy efficiency measure in recent years. Sens. Lisa Murkowski (R-Alaska) and Maria Cantwell (D-Wash.) fell just short in 2016 with a package (S. 2012) combining energy efficiency with other proposals.
Sens. Rob Portman (R-Ohio) and Jeanne Shaheen (D-N.H.) advanced a stand-alone energy efficiency bill (S. 720) that same year, but it also fell short. It would have authorized funding to boost energy conservation in federal data centers, established voluntary national model building codes, and increased energy efficiency in the manufacturing and commercial sectors.
Portman expects to reintroduce the measure “at some point in May” after consulting with other backers, said his press secretary, Emmalee Kalmbach.
“This energy efficiency bill is a win-win, creating thousands of new jobs and protecting our environment by reducing our carbon emissions,” Kalmbach said.
Improved Prospects?Efficiency legislation advocates, including the American Council for an Energy-Efficient Economy, say prospects have improved since November, when Democrats won control of the House.
“If we are going to do anything on climate, energy efficiency has to be the centerpiece,” said Pasha Majdi, the council’s federal policy manager. “It has bipartisan appeal; everything else is too controversial.”
But Majdi acknowledged that bringing pressure to bear on Congress for energy efficiency has been difficult, given the issue doesn’t have a built-in constituency in Washington like oil, gas, wind, and other issues.
“Energy efficiency isn’t an industry, it’s a group of products that do very different things, positioned differently, and many of those groups want very different policies,” he said.
https://news.bloombergenvironment.com/environment-and-energy/energy-efficiency-struggles-for-foothold-amid-low-energy-prices
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Possible Obstacles Loom for Energy Efficiency Legislation
Apr 25, 2019 | BNA Daily Environment Report
By Chuck McCutcheon
Energy efficiency—from better-insulated homes to more stringent appliance standards—has been an anchor for major energy legislation in the past, but it faces several hurdles in this Congress.One potential roadblock is relatively low energy prices, which some analysts say has dampened enthusiasm for addressing efficiency, Dean Scott reports. Some Republicans also have objected to the cost of bills such as H.R. 1315, which would focus on workforce training in renewable energy and energy efficiency industries.Efficiency backers, however, say the issue should be the centerpiece of any climate-related legislation. Sen. Rob Portman (R-Ohio) is planning to reintroduce a bill in May that would authorize funding to boost energy conservation in federal data centers, establish voluntary national model building codes, and increase efficiency in the manufacturing and commercial sectors.Blowback for Clean-Energy Contracts and Subsidies
Clean-energy contracts and subsidies that have helped wind and solar become some of the cheapest power sources are coming under fire all over the world, Bloomberg News’ David R. Baker and Brian Eckhouse report.
Ontario Premier Doug Ford killed hundreds of contracts for planned Canadian wind and solar farms. Spain pulled back subsidies, yanking the rug from projects already up and running. And in the U.S., bankrupt California power giant PG&E Corp. could soon move to renegotiate costly power deals signed when prices were three times as expensive as they are now.The rollback divides policymakers and the energy industry. Some see it as natural evolution, while others warn it will undermine clean energy growth just as wind and solar have finally become mainstream sources of power.Colorado Oil, Gas Overhaul Moves to RulemakingA Colorado group that promoted an unsuccessful 2018 citizen’s initiative to restrict oil and gas activity vows to go back to the ballot box if regulators approve rules that it believes fall short of a new law overhauling how the state regulates drilling, Tripp Baltz writes.Colorado’s Oil and Gas Conservation Commission will ultimately decide the rules that govern drilling in the state. The new law changes the mission of the commission from “fostering” oil and gas development to “regulating” it, with a priority on health, safety, and environmental concerns.What Else We’re WatchingSenate Environment and Public Works Committee Chairman John Barrasso (R-Wyo.) released a discussion draft of a bill aimed at advancing work to bury nuclear waste at Nevada’s Yucca Mountain. The measure mirrors one that passed the House last year, but never advanced in the Senate. The committee will discuss the legislation at a May 1 hearing.The American Bar Association sponsors a forum on poly- and perfluoroalkyl substances (PFAS) contaminating drinking water.Editors of a new book, “Legal Pathways to Deep Decarbonization in the United States,” discuss legal options for dramatically reducing greenhouse gas emissions. Former EPA chief William Reilly is scheduled to give opening remarks.Daily Rundown
Top Stories
California Utility Agency Must Base Solar Prices On Renewables
California must base the mandatory rates paid by utilities to solar energy producers on the costs they would incur replacing that power with other renewable sources.Wall Street Likes Water Projects Thanks to EPA Loan Programs
Water infrastructure looks like a winning bet for investors, and that’s due, in large part, to strong federal assistance for many of these projects, three investment analysts say.Energy
Offshore Oil, Gas Safety Agency Defends Its Performance
The Interior Department is pushing back against allegations it’s not doing enough to protect offshore drilling safety.Indiana Denies Permit For 850 Megawatt Gas Plant
Indiana regulators have denied CenterPoint Energy Inc. subsidiary Vectren South permission to build an 850 megawatt natural gas plant in southern Indiana that would replace several coal-fired facilities.Environment
EPA Urged to Reopen Oil Refinery Safety Study After Explosions
The Environmental Protection Agency should revisit a decades-old study to determine if it understates the risks of an oil refining chemical to workers and communities, a federal safety agency said.Horse Contraception Dispute Will Stay in Federal Court
A lawsuit over a contraceptive for wild horses and burros should be allowed to go forward, a federal court ruled.
Today’s EventsAll Day • Climate • North American Carbon World conference is held in Los Angeles, with a keynote address from California EPA Secretary Jared Blumenfeld.10 a.m. • Oil • Natural Resource Governance Institute launches the world’s largest open public database on national oil companies.10 a.m. • Sustainability • Wilson Center holds discussion on the challenges of investing in the Asia-Pacific to meet the Sustainable Development Goals.10 a.m. • Japan • Wilson Center hosts forum examining the serious rift in U.S.-Japan relations in the late 1970s over the future of civilian nuclear power.Around the WebA bipartisan group of senators has reintroduced a bill to help Navy veterans exposed to Agent Orange, the infamous Vietnam War herbicide.Companies using hydraulic fracturing most often failed to disclose information on reductions in chemical toxicity and pre- and post-drilling water quality monitoring practices, a report from investment advisory firm Boston Common Asset Management and shareholder group As You Sow says.California’s state treasurer announces the sale of nearly $84 million in green bonds for safe drinking water projects.https://news.bloombergenvironment.com/environment-and-energy/first-move-wednesday-52-53-54-55-56-58
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Pipeline ‘Bubble’ Risks Repeat of Coal’s Collapse, Group Says
Apr 26, 2019 | BNA Daily Environment Report
By Caleb Mutua
Pace of global pipeline building has tripled since 1996
Investors ‘setting themselves up for disappointment,’ report coauthor says
An estimated $632.5 billion of oil and natural gas pipelines under development globally risk repeating the kind of over-expansion that led to multiple bankruptcies in the coal industry, according to Global Energy Monitor, an environmental group.
The pace of pipeline building worldwide has tripled since 1996, led by North America, which has 51.5 percent of all projects in pre-construction or construction stages, the group said Wednesday in a report.
The Permian Basin in the U.S. Southwest, the world’s biggest oil field, and Appalachia’s Marcellus and Utica basins are some of the areas where expansion is the most highly concentrated. Booming gas output in the Permian and a lack of pipeline capacity pushed prices to negative levels earlier this month, meaning some producers were paying other parties to take the fuel.
However, the group pointed to investor enthusiasm for the coal sector in the previous decade amid forecasts for strong Asian demand growth and a sustained cost advantage. Gas proved to be cheaper than coal, and governments and investors turned on coal amid growing concerns about pollution. There are “striking” parallels with the current gas boom and the rapidly declining cost of wind and solar power, according to the report.
The ‘‘enthusiasm spilling out of the fracking boom’’ is fostering unrealistic expansion expectations in midstream oil and gas infrastructure, Ted Nace, a coauthor of the report, said in a statement. ‘‘Investors are setting themselves up for disappointment.’’
https://news.bloombergenvironment.com/environment-and-energy/pipeline-bubble-risks-repeat-of-coals-collapse-group-says
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Chemical Spill In Illinois Sends 37 People to The Hospital, Including 7 in Critical Condition
Apr 26, 2019 | CNN
By Eric Levenson
A leak in a container holding hazardous chemicals created a massive chemical spill early Thursday and sent 37 people to the hospital, including seven in critical condition, said authorities in Beach Park, Illinois.
One of the patients in critical condition is a firefighter.
A preliminary investigation found that the containers, which held anhydrous ammonia, were being towed by a tractor on Green Bay Road in Beach Park, a village north of Chicago, Sgt. Christopher Covelli of the Lake County Sheriff's Office said.
Anhydrous ammonia, a colorless gas with pungent fumes, can cause unconsciousness and even death when inhaled. The chemical is commonly used by farmers as an agricultural fertilizer, according to the Centers for Disease Control and Prevention.
The spill created a plume of chemical smoke, Covelli said.
Those transported to hospitals had inhalation issues, the Lake County Sheriff's Office said on its Twitter account. While some have been released, seven were in critical condition, including a firefighter, Covelli told CNN.
A sheriff's sergeant, deputy, a Zion Police officer and 11 firefighters who responded to the scene and breathed in the fumes are among those in the hospital, the Lake County Sheriff's Office said.
The leak has since been contained, said Mike Gallo of the Lake Forest Fire Department. Officials are monitoring the plume and advised anyone within a one-mile radius of the spill to stay inside with their windows closed and keep air conditioning and heaters off.
In a statement, Sheriff John Idleburg praised the police and fire officials who responded.
"I wish to take a brief moment and commend all of our Lake County Sheriff's Deputies, police officers from nearly twenty area police departments, and all of the firefighters who risked their lives today to help others. You are an amazing group of men and women," Idleburg said.
"To those who remain in the hospital, the men and women of the Lake County Sheriff's Office wish you a fast recovery."
The spill caused several schools in Beach Park to close for the day, police said.
https://edition.cnn.com/2019/04/25/us/chemical-spill-illinois/index.html
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Illinois Highway Ammonia Spill Injures 37, Investigation Ongoing
Apr 25, 2019 | BNA Daily Environment Report
By Stephen Joyce
Toxic plume released from storage tanks towed by farm tractor
Seven people remain hospitalized in critical condition
A cloud of toxic ammonia hospitalized 37 people after it leaked from storage tanks a farm tractor was towing on a highway about 50 miles north of Chicago.
Emergency personnel were notified of a chemical release occurring in the village of Beach Park, Ill. at 4:30 a.m. on April 25, and police closed a one-mile perimeter around the spill site until 10:00 a.m., Christopher Covelli, a spokesman for the Lake County Sheriff’s Office, said in an interview.
“There was some type of leak that occurred from the actual tanks containing the anhydrous ammonia,” Covelli said. “All of a sudden, a massive drainage of the anhydrous ammonia occurred as the tractor was on Green Bay Road, which created a very large plume of toxic gas.”
Seven people remained hospitalized in critical condition due to the spill, including one firefighter, Covelli said. No arrests had been made but an investigation into the spill is ongoing, he said.
RefrigerantAnhydrous—meaning without water—ammonia is used in refrigeration systems and is very corrosive. Exposure to it may result in chemical-type burns to skin, eyes, and lungs.
Released anhydrous ammonia will rapidly absorb moisture from air and form a dense, visible white cloud, an Environmental Protection Agency report on the chemical said. Sufficient levels of exposure may lead to injuries or even death, it said.
The first two police deputies on the scene were injured because of the gas; they were treated and released from a hospital. Others were harmed after they drove through the plume.
A hazardous material crew was dispatched to the site, and fire department personnel traveled door to door to alert residents of the danger. Cleanup work continued into the evening of April 25, Covelli said. Area schools were closed but scheduled to re-open April 26.
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Chemical Safety Board Calls on EPA to Update Hydrofluoric Acid Study in Wake of Husky Fires
Apr 26, 2019 | Minnesota Public Radio News
By Danielle Kaeding
The U.S. Chemical Safety Board is calling on the U.S. Environmental Protection Agency to revisit a 1993 study on hydrofluoric acid in the wake of an explosion and series of fires at the Husky Energy oil refinery in Superior last year.
Kristen Kulinowski, the CSB's interim executive, said the agency should examine existing regulations and risk management procedures.
"We'd also like them to examine the possibility of replacing this material with inherently safer alkylation technologies, which are now coming online and being tested in some facilities around the country," she said.
In 1990, Congress passed amendments to the Clean Air Act that required the EPA to promulgate its risk management plan rule, process safety management for the Occupational Safety and Health Administration, and create the Chemical Safety Board. The idea was those elements would provide a framework to protect workers and communities from the release of hazardous materials, as well as identify the reasons behind accidents and recommendations to prevent them.
"Over the years, the CSB has found some deficiencies in the application of these programs in or in fact in some of the elements," Kulinowski said.
She said in some cases they saw failures in the application of those standards while in other circumstances the standards didn't anticipate the hazards that may exist at sites.
"In this case, hydrofluoric acid is recognized in the regulatory framework as a hazardous substance, and there are programs to control and manage the risks," she said. "But, we find that despite these programs we still have incidents that occur across the country on a weekly basis -- certainly serious incidents less frequently than that. But, these programs are not alone sufficient to protect communities from all the hazardous substances that may be in their midst."
Kulinowski said they hope the EPA will update its study to prevent further incidents similar to the refineries in Torrance, Calif., and Superior.
"We would like to see the protective action taken before we have to suffer some terrible tragedy, and we're hoping that EPA agrees and takes a fresh look at HF, the risk management plans and potentially safer alternatives," she said.
An EPA spokeswoman said the agency is reviewing the CSB's letter.
Congress directed the EPA to conduct the study in 1990 to pinpoint impacts to the environment and human health. Since then, an explosion at the ExxonMobil refinery in Torrance, California occurred in its fluid catalytic cracking unit in 2015, which is similar to the explosion that occurred at Husky's refinery in Superior last year.
Hydrofluoric acid, which is also known as hydrogen fluoride, is a highly toxic chemical that can be hazardous to human health if released. The chemical can kill at concentrations of 30 parts per million, according to the CSB.
In a statement Wednesday, Husky spokesman Mel Duvall said the company appreciates the value the CSB provides to promote safety across the industry.
"The hydrogen fluoride (HF) safety systems in place in April 2018 operated as designed during the incident and there was no release of HF," Duvall wrote in an email. "The refinery has already installed additional protective measures, such as a laser detection system."
Duvall added the company also plans to add a rapid acid transfer system to transfer the chemical to another holding tank in the event of a release. He said they also plan to incorporate more layers of water mitigation that may include additional water curtains or cannons, as well as enhanced leak detection.
"The refinery has safely used HF for almost 60 years, and the proposed additional safety features and modernizations will further enhance safety for the refinery and our neighbors," wrote Duvall.
Fears over a potential release of the chemical prompted the evacuation of Superior residents last spring. Debris from the explosion came within 150 feet of the hydrogen fluoride tank.
Around one-third of the nation's 150 refineries still use the chemical in its refining process. The chemical is used as a catalyst in producing high octane gasoline.
More than one-third of roughly 1,600 Superior residents surveyed this winter by a local activist group said they would like to see the use of hydrogen fluoride banned in the city. Three dozen people were injured as a result of the explosion last April, according to the CSB's update on its findings last August.
Kulinowski said recent incidents in Houston, Texas, have delayed the completion of other open investigations, including the CSB's investigation into the Husky refinery incident.
In March, several ground storage tanks were engulfed in flames at the Intercontinental Terminals Company site in Deer Park Texas, near Houston.
"We're diligently working on all of our investigations, and we expect the Husky report to be released hopefully at the end of this calendar year," she said.
https://www.mprnews.org/story/2019/04/25/wpr-chemical-safety-board-calls-on-epa-to-update-hydrofluoric-acid-study-husky-fires
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Trump Safety Cuts May Cause Workplace Deaths To Soar, Says Report
Apr 25, 2019 | The Gurdian
By Mike Elk
Federal watchdog Osha has cut workplace safety inspectors to the lowest level in its 48-year history under Trump administration
A number of workplace safety advocates fear fatalities will soar as Trump cuts back on the federal work safety watchdog Occupation Safety and Health Administration (Osha).
The latest Death on the Job report from union federation AFL-CIO, released to time with Workers’ Memorial Day, showed a slight dip in deaths from 2016, when 5,190 people died on the job. Some 5,147 people were killed on the job in 2017, Donald Trump’s first year in office. But the true toll of work-related injuries and illnesses may be closer to 7m to 10.5m each year, according to a report released on Thursday.
Under the Trump administration, Osha has cut workplace safety inspectors to the lowest level in its 48-year history as an agency. The report also shows that Osha has cut by more than half the number of the highest level of legal action brought against employers for violations of workplace safety law.
In 2016, 815 federal workplace inspectors were employed by Osha down from nearly 1,000 in 2010 after years of budget cutting by a GOP-controlled Congress. Now, through attrition and a federal hiring freeze imposed by the Trump administration, only 752 inspectors are employed.
Osha has also drastically decreased the number of willful violations citations from workplace safety laws, from 542 under the last year of the Obama administration in 2016 to 341 in 2017. Additionally, the number of what Osha defines as “serious enforcement actions” dropped from 131 in 2016 to 53 last year.
“Sometimes, there’s a tendency among some of the very dangerous industries to cut corners and if these industries don’t get reminded that Osha’s there, they are inclined to go ahead and cut corners and its workers that will pay the price,” said the National Employment Law Project’s Debbie Berkowitz, who served as chief of staff of Osha under Obama.
With a small budget of approximately $550m even during the height of Obama years, workplace safety advocates calculated that Osha only had the resources to inspect every workplace once every 129 years. Now with even less inspectors, Osha would need 165 years to visit every workplace in America.
“They have let the staffing get so low that the agency is cutting back on the limited enforcement that they already do and I think that could have a long-term effect,” said Berkowitz. “Workers will pay the price with more injuries and more worker deaths.”
In addition to allowing the number of Osha inspectors to drop, the Trump administration has also cut ties and funding with immigrant and community groups that OSHA had successfully partnered with to help reduce workplace deaths in many areas.
“We can definitely tell that there are changes when we meet with Osha,” said Marianela Acuña-Arreaza, executive director of Fe y Justicia Worker Center in Houston, where 101 workers were killed on the job last year. “There is definitely a shift in priorities. The policies that they make have consequences and they can literally be measured in lives lost”.
In 2017, the first year of the Trump administration for which full data is available, Latino workplace deaths increased from 879 deaths in 2016 to 927 deaths in 2017, with foreign-born immigrant Latino workers constituting 63% of those deaths. Workplace safety advocates say a crippling sense of fear has prevented many immigrants from speaking up.
“All the time, we hear stories of employers threatening to call Ice on workers if they speak up,” said Acuña-Arreaza. “Workers are more scared than they were in the past. People are scared to get deported under this Administration.”
Workplace safety advocates fear proposed further cuts, eliminating the federal agency the Chemical Safety Board, which regulate safety in many chemical plants as well as cutting the budget of the National Institute for Occupational Safety and Health (Niosh) by 40%, will make matters worse.
https://www.theguardian.com/money/2019/apr/25/trump-safety-cuts-workplace-deaths-report
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Study Finds State Renewable Standards Costly, But Critics Query Methods
Apr 26, 2019 | Inside EPA
By Doug Obey
A new “working paper” co-authored by a former Obama administration climate adviser estimates that the per-ton costs of greenhouse gas cuts under state renewable electricity mandates exceed the social cost of carbon (SCC), a critique that could bolster general pushback against such programs or aid calls for alternatives such as a carbon tax or “clean” energy standards.
Even so, the April 21 paper, released by the University of Chicago's Energy Policy Institute (EPIC), is already drawing criticism that it lumps together disparate state programs and may fail to account for interactions with policies or other trends in the states that could confound the study's conclusions.
The paper compares states with renewable portfolio standards (RPS) to states that do not have them, and includes a top-line conclusion that such policies boosted renewable generation by an average of just 1.8 percent seven years after passage and 4.2 percent after 12 years.
It also finds the programs raise average retail power costs 11 percent and 17 percent, respectively, over those timeframes. It attributes these increases largely to indirect costs that renewables pose for the generation system, including due to “intermittency, higher transmission costs, and any stranded asset costs assigned to ratepayers.”
The paper adds that the per-ton cost of carbon abatement “exceeds $130 in all specifications and ranges up to $460, making it at least several times larger than conventional estimates of the social cost of carbon.”
The paper's lead author is EPIC Director Michael Greenstone, who previously served as an economics adviser under President Barack Obama and led an inter-agency effort to craft an SCC estimate that agencies could use to calculate the benefits of rules that curb GHG emissions.
The results “underscore the importance of research on policy and technology mechanisms to reduce the costs of renewable energy, and imply that mechanisms to facilitate the integration of intermittent sources onto the grid, such as advanced storage technologies or time-of-use pricing, could be especially beneficial,” the paper says.
But the study also comes amid a broader debate over a range of policy options to address climate change -- including a carbon tax favored by numerous economists as an economically efficient route to GHG cuts -- even as the politics remain fraught for enacting any carbon tax, particularly one high enough to significantly curb emissions.
There is also increasing Capitol Hill discussion of a federal “clean energy standard,” which would allow a broader range of low-carbon sources besides renewables to qualify, reducing costs of such a program.
'Serious' Concerns
EPIC's study, which has yet to undergo peer review, is already drawing critiques. For example, environmentalists recently recirculated a Twitter thread taking issue with the report from Harvard Kennedy School of Government energy fellow Jesse Jenkins.
Jenkins says the study's findings should not be considered the “definitive word” on the cost of RPS programs because its findings could still change after peer review. He also raises several “serious” concerns, including the small sample size of RPS programs and “lots of potentially confounding variables.”
He notes that each state's RPS “is unique in structure, definition of eligible resources, requirements for specific subsets of technologies . . . rate of increase in renewables share required, cost-containment provisions, and many other factors.”
Additionally, “many state RPSs were implemented as part of larger packages of legislation or regulatory reforms. Some were part of the whole restructuring of a state's electricity sector, Some were part of broader energy bills with multiple programs implemented at the same time.”
Therefore, Jenkins says, “[t]reating all RPS policies as [the] same & estimating their average effect is a bit like treating 29 patients with a dozen similar but distinct drugs, each using different doses, and then trying to say something about the average effect of all of the treatments. . . . Was it one particular drug that was most effective, while others had no effect? . . . Looking at an average treatment effect for heterogeneous treatments make it impossible to say.”
https://insideepa.com/daily-news/study-finds-state-renewable-standards-costly-critics-query-methods
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