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PM ACC Clips Report - May 21, 2019
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(ACC Mentioned) Chemical Activity Barometer Shows Gain in May, ACC Says
May 21, 2019 | Chemical Engineering
By Scott Jenkins
The Chemical Activity Barometer (CAB), a leading economic indicator created by the American Chemistry Council (ACC; Washington, D.C.; www.americanchemistry.com), rose 0.4 percent in May on a three-month moving average (3MMA)... -
(ACC Mentioned) Goodbye Steel and Aluminum Tariffs! (For Mexico and Canada Metals)
May 21, 2019 | Lexology
By Kane Russell Coleman Logan PC
In a recent KRCL Energy Practice Group seminar, I discussed the genesis and impact of metal tariffs imposed by the Trump administration. These Trump Tariffs have had a tremendous impact on energy infrastructure construction and... -
(ACC Mentioned) Austin-Based Whole Foods Market Reveals Plans to Trash Plastic in Stores Nationwide
May 21, 2019 | Culture Map Austin
By John Egan
Following the lead of companies like Starbucks, Hilton, and Hyatt, Austin-based Whole Foods Market is trashing plastic straws and bulky plastic packaging in favor of more environmentally friendly options. Whole Foods, owned by... -
Flexible Colored PU Foams Market Growth to be Fuelled by Advancements in Technology
May 21, 2019 | Wiki Times
Polyurethane foam is a diverse and large segment of global polyurethane market. Polyurethanes are said to be a part of our day to day life. Foams play a significant role in commercial and industrial sector ranging from automotive to... -
(ACC Mentioned) Chemical Makers Weigh Benefits, Risks of Giving EPA Test Data
May 21, 2019 | BNA Daily Environment Report
By Pat Rizzuto
Manufacturers are balancing the benefits of sharing chemical safety data with the EPA, as it vets 40 chemicals, against the risk that it could cost them millions of dollars they have invested in testing, attorneys and industry consultants say. -
Bill to Ban PFASs From Food Packaging Introduced in Congress
May 21, 2019 | Chemical Watch
Representative Debbie Dingell (D-Michigan) has introduced a bill in the US House of Representatives to ban per- and polyfluoroalkyl substances (PFASs) in food packaging. The "Keep Food Containers Safe from PFAS Act of 2019" (HR... -
Feature: US States Adopt Tough Line on Volatile Organic Compounds
May 21, 2019 | Chemical Watch
By Jodi Frank
Volatile organic compounds (VOCs) are invisible, carbon-based chemicals that vaporise at room temperature. Deodorants, cosmetics, soap and cleaning products emit VOCs, so do architectural and industrial maintenance (AIM)... -
California Legislature Moves Forward Chemicals in Products Bills
May 21, 2019 | Chemical Watch
By Kelly Franklin
California has advanced several pieces of legislation addressing chemicals in products. These include bills strengthening the state’s Safer Consumer Products (SCP) programme, reducing chemicals of concern in jewellery... -
Toxic Release Inventory Reporting – Upcoming Deadline
May 21, 2019 | National Law Review
By Michael L. Miller and Catherine Baocchi
What is Toxic Release Inventory (TRI) reporting? Federal regulations require that certain covered facilities report toxic releases to air, discharges to surface waters, and quantities shipped offsite as wastes by July 1... -
‘Likely Presence’ of PFASs Found in Albertsons Products
May 21, 2019 | Chemical Watch
By Leigh Stringer
NGOs in the US say tests on products sold at retailer Albertsons and one of its subsidiaries, Safeway, have identified the "likely presence" of per- and polyfluoroalkyl substances (PFASs). Of the ten tested samples, obtained in Idaho and... -
Bayer Hires Lawyers as Monsanto Spying Probe Widens
May 21, 2019 | Bloomberg (E&E - Greenwire)
By Naomi Kresge
Bayer AG hired law firm Sidley Austin LLP to investigate a Monsanto surveillance project that first came to light in France and has now spread to encompass a half-dozen other European countries. With the help of media company... -
Manhattan Starbucks Accused of Using Harsh Pesticides
May 21, 2019 | BNA Daily Environment Report
By Porter Wells
Starbucks coffee shops in New York use a harsh pesticide not recommended for use around food, exposing workers and consumers to toxic chemicals, according to two lawsuits filed May 21. The declining sanitary conditions in... -
EU Calls for Data on Possible Hormone Disrupters in Cosmetics
May 21, 2019 | BNA Daily Environment Report
By Stephen Gardner
The European Union could restrict the use of 14 chemicals in cosmetics because they may interfere with the human hormone system. In a first step ahead of possible restrictions, companies and others involved should provide safety... -
EC Publishes Recommendation on Coordinated Control Plan for Certain Substances Migrating from FCMs
May 21, 2019 | National Law Review
The European Commission (EC) has published a Recommendation on a coordinated control plan to determine the prevalence of certain substances migrating from food-contact materials (FCMs) into food. The Recommendation, (EU)... -
Wyoming Wants More Oversight of Environmental Reviews
May 21, 2019 | BNA Daily Environment Report
By Tripp Baltz
Wyoming is seeking more control over reviews of projects on federal public lands that have the potential for large environmental impacts, such as mining and oil and gas drilling. Interior Secretary David Bernhardt and Wyoming Gov... -
Oklahoma Explorer Alta Mesa Under Investigation by SEC
May 21, 2019 | Natural Gas Intelligence
By Carolyn Davis
The U.S. Securities and Exchange Commission (SEC) is investigating Oklahoma explorer Alta Mesa Resources Inc. for possible issues in its financial reporting, the Houston-based independent has disclosed. The producer, led by... -
Range Claims Marcellus Ops Not Impacting Air Quality Near Pennsylvania Schools
May 21, 2019 | Natural Gas Intelligence
By Jamison Cocklin
Range Resources Corp. said a two-year effort to monitor ambient air quality near one of its Marcellus Shale well sites in southwestern Pennsylvania shows that its operations and those of its peers in the area do not pose serious or... -
Texas Pipeline Protesters Face 10 Years in Prison Under Proposal
May 21, 2019 | BNA Daily Environment Report
By Rachel Adams-Heard
Oil pipeline protesters who interrupt operations or damage equipment could face up to 10 years in prison under legislation approved by Texas lawmakers. Under a bill approved by both chambers of the state legislature... -
IG: Safety Board Can't Operate Without Members
May 21, 2019 | E&E - Greenwire
By Ariana Figueroa
The Chemical Safety Board is at risk of losing its governing body and ability to function by next year, its internal watchdog has warned. EPA's Office of Inspector General, which audits the independent agency that investigates... -
Ewire: GOP Senators Crafting Climate 'Innovation' Bills
May 21, 2019 | Inside EPA
Several Republican senators are readying climate change legislation that would boost “innovation” of low-carbon technology, offering a political and substantive response to Democrats' renewed calls for ambitious policy that would... -
Senate GOP Readies Climate Bills in Bid to Court Wary Democrats
May 21, 2019 | BNA Daily Environment Report
By Ari Natter
Senate Republicans are readying a response to populist climate initiatives such as Rep. Alexandria Ocasio-Cortez’s (D-N.Y.) “Green New Deal” with measures that they say adhere to their free-market principles and stand a better chance of... -
The Energy 202: Democrats Slammed Biden on Climate Change. but What Would a 'Middle Ground' Even Look Like?
May 21, 2019 | Washington Post
By Dino Grandoni
Bernie Sanders (I-Vt.) wrote there is “no 'middle ground' when it comes to climate policy.” Alexandria Ocasio-Cortez (D-N.Y.) condemned politicians seeking “a middle-of-the-road approach to save our lives.” Both standard-bearers of the... -
What Dense Sensor Networks Can Teach US About Air Pollution
May 21, 2019 | Environmental Defense Fund
By Maria Harris
It all started with a challenge in 2013: how to engineer pollution-sensing balloons. Thomas Kirchstetter, Adjunct Professor at the University of California, Berkeley and the Director of the Energy Analysis and Environmental Impacts...
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(ACC Mentioned) Chemical Activity Barometer Shows Gain in May, ACC Says
May 21, 2019 | Chemical Engineering
By Scott Jenkins
The Chemical Activity Barometer (CAB), a leading economic indicator created by the American Chemistry Council (ACC; Washington, D.C.; www.americanchemistry.com), rose 0.4 percent in May on a three-month moving average (3MMA) basis, the third monthly gain after several weak months. On a year-over-year (Y/Y) basis, the barometer is up 0.5 percent (3MMA).
The unadjusted measure of the CAB retreated 0.2 percent in May, with weakness centered in equity prices, and rose 0.7 percent in April, ACC says. The diffusion index was steady at 65 percent in May. The diffusion index marks the number of positive contributors relative to the total number of indicators monitored. The CAB reading for April was revised upward by 0.27 points and that for March by 0.13 points.
“Year-earlier comparisons have turned positive in recent months, and while trade tensions, slowing economic growth overseas, and soft economic reports in the U.S. have created uncertainty that has weighed on business investment, the CAB signals gains in U.S. commercial and industrial activity through mid-2019, albeit at a moderate pace,” said Kevin Swift, chief economist at ACC. “There is some possibility of improving activity in the closing months of the year.”
The CAB has four main components, each consisting of a variety of indicators: 1) production; 2) equity prices; 3) product prices; and 4) inventories and other indicators.
Production-related indicators in May were slightly positive. Trends in construction-related resins, pigments and related performance chemistry were mixed and suggest further slow gains in housing activity. Plastic resins used in packaging were positive, while those for consumer and institutional applications were mixed. Performance chemistry and U.S. exports were mixed. Equity prices dropped sharply this month, while product and input prices rose. Inventory and other indicators were positive.
The CAB is a leading economic indicator derived from a composite index of chemical industry activity. The chemical industry has been found to consistently lead the U.S. economy’s business cycle, given its early position in the supply chain, and this barometer can be used to determine turning points and likely trends in the wider economy. Month-to-month movements can be volatile, so a three-month moving average of the barometer is provided. This provides a more consistent and illustrative picture of national economic trends.
Applying the CAB back to 1912, it has been shown to provide a lead of two to fourteen months, with an average lead of eight months at cycle peaks as determined by the National Bureau of Economic Research. The median lead was also eight months. At business cycle troughs, the CAB leads by one to seven months, with an average lead of four months. The median lead was three months. The CAB is rebased to the average lead (in months) of an average 100 in the base year (the year 2012 was used) of a reference time series. The latter is the Federal Reserve’s Industrial Production Index.
https://www.chemengonline.com/chemical-activity-barometer-shows-gain-in-may-acc-says/
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(ACC Mentioned) Goodbye Steel and Aluminum Tariffs! (For Mexico and Canada Metals)
May 21, 2019 | Lexology
By Kane Russell Coleman Logan PC
In a recent KRCL Energy Practice Group seminar, I discussed the genesis and impact of metal tariffs imposed by the Trump administration. These Trump Tariffs have had a tremendous impact on energy infrastructure construction and midstream activities throughout the United States, prompting companies to seek relief (in the form of product exclusions) with the Department of Commerce and in the courts.
President Trump is waving goodbye to the tariffs on imported steel and aluminum from Mexico and Canada, in order to aid the passage of the United States-Mexico-Canada Agreement (the replacement for NAFTA).
About 30% of All Steel Imports Will Be Free From Tariffs
While there remains a majority of countries whose steel and aluminum exports will still be subject to tariffs – only a handful of countries have been exempted, including Australia (steel and aluminum) and South Korea (steel only) – the removal of Canada and Mexico from the Trump Tariff list is major.
As shown below, Canada and Mexico ranked first and third, respectively, in terms of sources of imported steel, in 2018. That’s 30% of all imported steel (regardless of product type), and has been consistent year-over-year.
Positive Industry Reaction
Although the news has just been released, the American Petroleum Institute has already said: “We applaud the Administration for reaching an agreement with Canada and Mexico to lift the 25 percent steel tariffs and not replace them with harmful quotas that would stifle U.S. investment in manufacturing and energy infrastructure.” Two other industry groups that matter, the American Chemistry Council and the Association of American Railroads, have yet to issue news releases, but we expect the reaction to be generally positive. Near the outset of the Trump Tariffs, these three groups joined in an editorial criticizing the tariffs as stifling energy infrastructure development and placing hundreds of billions of dollars of projects at risk.
Although the situation remains fluid, the lifting of these tariffs will immediately moot thousands (perhaps tens of thousands) of product exclusion proceedings with the DOC, and increase supply confidence.
https://www.lexology.com/library/detail.aspx?g=175bf1b2-e24f-4444-83d3-08714c9b774c
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(ACC Mentioned) Austin-Based Whole Foods Market Reveals Plans to Trash Plastic in Stores Nationwide
May 21, 2019 | Culture Map Austin
By John Egan
Following the lead of companies like Starbucks, Hilton, and Hyatt, Austin-based Whole Foods Market is trashing plastic straws and bulky plastic packaging in favor of more environmentally friendly options.
Whole Foods, owned by Amazon, said May 20 that it’ll become the first national grocer to switch from plastic to paper straws. The change, being made in July, will affect Whole Foods-operated venues, including coffee bars, juice bars, and cafes, at stores in the U.S., Canada, and the United Kingdom.
As a replacement for plastic straws, the natural and organic foods grocer will supply recyclable, compostable paper straws with frozen drinks or upon request. Plastic straws will remain an option for customers with disabilities.
In recent years, environmentalists — backed by celebrities like Tom Brady and Martha Stewart — have raised concerns about plastic straws contributing to the pollution of global waterways and land. Americans use 500 million plastic straws a day, while an estimated 7.5 million plastic straws are strewn across U.S. beaches.
“Straws are something anyone can give up easily without having it affect their lifestyle,” Diana Lofflin, founder of StrawFree.org, a San Diego-based nonprofit, told NBC News. “It’s a small step anyone can take to make a global impact.”
The American Chemistry Council, however, opposes banning plastic straws. Instead, it advocates giving plastic straws only to customers who request them, insisting that “there are circumstances where straws enhance safety and sanitary conditions.”
Whole Foods also says it’s replacing hard-plastic containers for rotisserie chicken with bags that use about 70 percent less plastic. Earlier this year, the company switched to smaller plastic bags in its produce department.
These single-use packaging changes at Whole Foods will eliminate an estimated 800,000 pounds of plastics each year, the company says.
“For almost 40 years, caring for the environment has been central to our mission and how we operate,” A.C. Gallo, president and chief merchandising officer at Whole Foods, says in a release. “We will continue to look for additional opportunities to further reduce plastic across our stores.”
In 2008, Whole Foods became the first U.S. grocer to eliminate disposable plastic bags for customers’ groceries. It recently got rid of polystyrene/Styrofoam meat trays at all of its stores in the U.S. and Canada.
David Pinsky, a San Francisco-based leader of the Greenpeace environmental organization, applauds Whole Foods’ straw ban and other moves to decrease its use of plastics.
“It’s good to see Whole Foods acknowledging its role in the plastic pollution crisis and making some changes, but retailers must go much further than phasing out plastic straws and cutting down on the amount of plastic used in select packaging,” Pinsky tells sustainability blog TreeHugger.
“As a forward-thinking company, Whole Foods must release a comprehensive public plan to reduce plastic throughout its stores to match the scale of the problem,” Pinsky adds. “Now more than ever, we need retailers like Whole Foods to embrace real innovation — moving toward systems of reuse and thinking beyond throwaway materials. Our oceans, waterways, and communities depend on it.”
http://austin.culturemap.com/news/city-life/05-20-19-whole-foods-sacks-plastic-straws-in-favor-of-paper-ones/
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Flexible Colored PU Foams Market Growth to be Fuelled by Advancements in Technology
May 21, 2019 | Wiki Times
Polyurethane foam is a diverse and large segment of global polyurethane market. Polyurethanes are said to be a part of our day to day life. Foams play a significant role in commercial and industrial sector ranging from automotive to refrigeration. Based on the variants foams available in the market and increasing area of applications for flexible colored PU foams, the market is expected to experience growth in the near future. Foams are differentiated as flexible and rigid foams. The properties that rigid foam posses are hardness, resilience, compression properties, abrasion resistance, whereas flexible polyurethane foam posses properties such as dry heat resistant, water resistant, oxygen, ozone resistant and remain flexible at low temperature. Few critical characteristics for the use of polyurethane foam in the industrial sector are chemical resistant, oil and grease resistant, flame resistant, noise reduction and fungus, mildew, mould resistant.
The rigid polyurethane foams have outstanding thermal insulation properties, which makes its use as an insulator in commercial and domestic appliances such as hot water systems and refrigerators. The flexible polyurethane foam is extremely comfortable and finds wide range of applications in the furniture seating and automotive industry.
The factors that drive the flexible colored PU foams market include the growing demand from the automobile and construction industry coupled with the rising demand from the interior and furniture sector. The demand for colored PU foams in the packaging sectors is expected to rise in the near future. Furniture and interiors are expected to be the largest consumers of flexible colored PU foams as it is used in luxury couches, chairs mattresses and carpets on a large scale. However, the volatile raw material prices are expected to pose a challenge to the growing flexible colored PU foams market. In addition, environmental regulations are expected to hinder the market growth owing to issues related to use of diisocynate in the production process.
Liquid resin blends and isocyanates are expected to contain hazardous components that may lead to health hazards. Isocyanates are said to be skin and respiratory sensitizers. In addition, amines, glycols and phosphate that exist in the spray polyurethane foam also may hamper the health of humans to some extent. Certain regulatory and health safety information is made available in the U.S. through organization such as Polyurethane Manufacturers Association (PMA) and Centre for the Polyurethane Industry (CPI). Others information sources are the raw material manufacturers and polyurethanes systems.
The key segments included in the flexible colored PU foam industry include North America, Asia Pacific, Europe and Rest of the World (RoW). Due to high growth in the interior and furniture market, North America is expected to dominate the flexible colored PU foam market followed by Europe. Owing to the developments in the construction industry, Asia Pacific is expected to be the fastest growing market for flexible colored PU foam market. Owing to the benefits such as CFC free, HCFC free and non-Ozone Depleting Potential foams (non-ODP), a rising demand for bio based PU foams from North Africa and the Middle East is expected to open more opportunities for the flexible PU foams market.
The key market players in the flexible colored PU foam market include: BASF SE, Carpenter Company, Bayer Material Science AG, Huntsman Corporation, Recticel SA, INOAC Corporation, Saint-Gobain Performance Plastics, The Dow Chemical Company, Rogers Corporation Stepan Company and Era Polymers Pty Ltd among others. Era Polymers Pty Ltd is an Australian distributor which offers a full range of ozone friendly foams that are CFC and HCFC free.
This research report presents a comprehensive assessment of the market and contains thoughtful insights, facts, historical data and statistically-supported and industry-validated market data and projections with a suitable set of assumptions and methodology. It provides analysis and information by categories such as market segments, regions, product types and distribution channels.
https://www.wikitimes.co.uk/2019/05/21/flexible-colored-pu-foams-market-growth-to-be-fuelled-by-advancements-in-technology/
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(ACC Mentioned) Chemical Makers Weigh Benefits, Risks of Giving EPA Test Data
May 21, 2019 | BNA Daily Environment Report
By Pat Rizzuto
Manufacturers are balancing the benefits of sharing chemical safety data with the EPA, as it vets 40 chemicals, against the risk that it could cost them millions of dollars they have invested in testing, attorneys and industry consultants say.
Data from a company’s multimillion-dollar cancer test, for example, could show that a chemical is unlikely to cause cancer at exposure levels anywhere near what people experience. That testing could help the Environmental Protection Agency justify concluding that the chemical’s carcinogenic potential wouldn’t have to be examined.
The company that spent millions on such tests, though, could lose its rights to be compensated by other manufacturers of the same chemical that want to use the information, Herbert Estreicher, a partner in Keller and Heckman LLP’s Washington office, told Bloomberg Environment in a recent interview.
If a full study becomes public through the EPA, then competitors could freely use the data to comply with regulatory requirements in other jurisdictions, he said.
Corporate negotiations over the value of chemical data and whether and how to share it are intensifying in the U.S. this year, Estreicher said, an observation also echoed by Steve Owens, a partner with Squire Patton Boggs’ Phoenix and Washington offices, and Robert Simon, vice president of the American Chemistry Council’s chemical products and technology division.
The driver is the 2016 Toxic Substances Control Act amendments’ mandate that the EPA sort through, or “prioritize,” 40 chemicals by the end of the year and immediately begin to evaluate the health and environmental risks of 20 of those chemicals, they said.
Insights From BASF
Insights on how to share data but maintain its financial value could be gleaned from BASF SE’s recent experience, Estreicher said.
BASF is the first chemical manufacturer known to have wrestled with the challenge of sharing data with the EPA while trying to protect the data’s international value.
The company, headquartered in Germany, provided the EPA the results of several toxicity studies for a paint and coating colorant called Pigment Violet 29.
The information already had been submitted by BASF and at least one other company to the European Chemicals Agency, under the European Union’s REACH law (Regulation No. 1907/2006 on the registration, evaluation, and authorization of chemicals).
The EPA originally honored the firm’s request to shield the companies’ toxicity data from public view. But that decision sparked a backlash from some members of Congress and nonprofit groups, who argued that TSCA doesn’t allow health or safety data to be kept confidential.
The companies that provided EPA the information agreed to reconsider what details the agency needed to keep confidential, and the EPA eventually released more details on the safety tests.
Specific Releases
The information that the agency released includes more health details, but such specifics as the names of the scientists who carried out the studies, a separate company that helped fund the research, and the names and locations of test laboratories were redacted, Estreicher said during a March webinar his law firm organized.
That pigment case is still playing out. The agency recently received public comments on the newly released information.
Redacting such details might be enough to prevent a competitor from relying on the test results to comply with data requirements in a country outside the U.S. or Europe, Estreicher said. Without knowing the laboratory and other specific information, the competitor couldn’t demonstrate it has legal rights to the health and safety data it obtained from the EPA’s docket, he said.
Robust Discussions
If companies are inclined to share information, they also have to discuss what data, how much data, and how costs should be allocated in data-sharing agreements with other makers, Simon, from the chemistry council, said.
A common way to have those discussions is for manufacturers of the same chemical to join a group. As the EPA begins to sort through the 40 chemicals, companies are considering whether and how to do so, according to six attorneys or industry consultants that Bloomberg Environment interviewed.
Such groups, often managed by trade associations, law firms, and consultants, benefit from the experience each company has and the legal advice the group receives to avoid potential antitrust or other problems, Simon said.
“My view is if you have data and think it is relevant and helpful you need to get it to the agency as soon as possible,” said Owens, who oversaw EPA’s chemical and pesticide offices under President Obama.
June 19 is the first comment deadline as the EPA decides which of the 40 chemicals will be high or low priority. The public will have a second comment and information sharing opportunity in late summer once the agency proposes designations.
https://news.bloombergenvironment.com/environment-and-energy/chemical-makers-weigh-benefits-risks-of-giving-epa-test-data
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Bill to Ban PFASs From Food Packaging Introduced in Congress
May 21, 2019 | Chemical Watch
Representative Debbie Dingell (D-Michigan) has introduced a bill in the US House of Representatives to ban per- and polyfluoroalkyl substances (PFASs) in food packaging.
The "Keep Food Containers Safe from PFAS Act of 2019" (HR 2827), introduced on 17 May, would amend the federal Food, Drug, and Cosmetic Act to "deem any [PFAS] used as a food contact substance to be unsafe and therefore treated as adulterated".
If passed into law, the legislation would direct the Food and Drug Administration (FDA) to ban the substance’s use from 2022 in any item that comes into contact with food, including packaging, cookware and food processing equipment.
The bill joins more than a dozen separate pieces of legislation to address PFASs currently under consideration in the House. The Senate, meanwhile, is set to hold a hearing on 22 May addressing six other bills related to the class of substances.
https://chemicalwatch.com/77757/bill-to-ban-pfass-from-food-packaging-introduced-in-congress
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Feature: US States Adopt Tough Line on Volatile Organic Compounds
May 21, 2019 | Chemical Watch
By Jodi Frank
Volatile organic compounds (VOCs) are invisible, carbon-based chemicals that vaporise at room temperature. Deodorants, cosmetics, soap and cleaning products emit VOCs, so do architectural and industrial maintenance (AIM) coatings – wall paints and deck stains, for example.
US researchers have been studying VOC-related health and environmental problems for years, but concern shot up after a study in the journal Science in 2018 revealed that petroleum-based chemicals in consumer products can, if measured as a group, emit more pollution than automobiles.
"Pesticides, coatings, inks, adhesives, and personal care products such as perfumes produce more than double the emissions of cars," Science reports.
How does this occur? VOCs, such as toluene, ethanol, benzene and formaldehyde, combine with nitrogen oxides and heat from sunlight to create ground-level ozone, or smog. Unlike the naturally occurring ozone in the upper atmosphere that serves as a barrier against harmful ultraviolet radiation from the sun, ground-level ozone can carry dangerous consequences for humans and the environment.
Despite the concerns, VOC regulation remains a patchwork of state and federal policy. More than a dozen states and the District of Columbia have established policies more strict than EPA regulations. Parts of Utah, Arizona and Virginia also have established stricter policies than the rest of their respective states. Colorado is in the midst of developing statewide regulations to reduce VOCs in AIM coatings and consumer products which are expected to be adopted in July.
Environmental and health concerns
Smog reduces vegetation’s ability to photosynthesise, stunting its growth and increasing the risk of disease in certain types of trees and other sensitive plants. This, in turn, can affect habitat quality as well as water and nutrient cycles.
Inhaling VOCs can lead to difficulty breathing and nausea. It can also damage the central nervous system and other organs. In extreme cases, some VOCs can cause cancer. "Not all VOCs have all these health effects, though many have several," the American Lung Association says.
California’s lead
The EPA sets acceptable levels of smog through the National Ambient Air Quality Standard (Naaqs) for ground-level ozone. Regions of the US that fail to meet this level are considered in ‘nonattainment’, and must develop state implementation plans (SIPs) outlining how they will come into compliance.
Smog has largely been attributed to VOC emissions from vehicles and power plants since the second half of the 20th century, although California began developing suggested control measures limiting VOC content from AIM coatings in 1977.
The state promulgated the first consumer products regulation in 1989. A leader in regulating VOC emissions, California has amended regulations for AIM coatings and consumer products numerous times for stricter policies.
The EPA created federal requirements for these commodities in 1998 through 40 CFR 59.Other states have adopted their own regulations for AIM coatings and consumer products, largely following California’s approach.Efforts to reduce VOCs
The EPA released its most recent nonattainment list in 2018, comprising of 51 areas in 22 states and the District of Columbia. States could simply follow federal regulations, and more than 30 states do. But some states have opted for more stringent policies.
Delaware and New Hampshire tightened existing state-level VOC regulation in consumer products in 2017, and Connecticut and Maryland did the same in 2018. Rhode Island’s updated consumer products rule took effect at the beginning of 2019. New York is proposing this year to further reduce the VOC limits for architectural coatings.
More than a dozen states and the District of Columbia have established statewide policies that are stricter than EPA regulations. Colorado is likely to be next.
"We have an ozone nonattainment area in our Denver metro, North Front Range area, so while we are looking to adopt these rules on a statewide basis for several reasons, the nonattainment area was one of the drivers," says Leah Martland, environmental protection specialist at the Colorado Department of Public Health and Environment.
Conforming to rules and standards
Many states base their VOC-reduction policies on the Ozone Transport Commission (OTC) model rules. The OTC, composed of 12 states in the northeast and mid-Atlantic regions and the District of Columbia, was created under the Clean Air Act in 1991.
The OTC, which has no regulatory authority, sets "model rules" which individual states can use to create their own requirements. The regulations are based on policies set by the California Air Resources Board (CARB), the state’s lead clean-air agency.California engaged in the first efforts in the nation to address smog in the late 1940s, long before the EPA was established by the Clean Air Act of 1970, to develop national policies to reduce air pollution.
Still, California’s population, unique geography, weather and population growth leave the state with some of the worst air-quality regions in the US.
OTC model rules have been amended several times over the years, often following in the footsteps of California’s most recent policies. But they aren’t always perfectly aligned. The OTC passed new standards in November 2018 to lower VOC limits for certain aerosols, multipurpose lubricants and solvents, paint thinners, and sealant and caulking compounds. In March, CARB initiated a new proposal to further reduce VOC emissions in consumer products.Industry Involvement
With different rules across the US, industry can face a challenging task navigating the complex web of state- and local-level requirements.
For example, while products with higher VOC limits – such as certain oil-based deck stains and concrete sealants – can be sold legally in Nevada, they are illegal next door in California, or any other state that has adopted OTC-based regulations.
The American Coatings Association (ACA) and the Household and Commercial Products Association (HCPA) – which represent industries ranging from paint, sealant, caulking and adhesive manufacturers to the air care, pesticide, disinfectant, cleaning, floor care, automotive care and aerosol product industries – submit comments before a state or federal VOC-limit proposal becomes law.
"HCPA is active in every state rulemaking process to establish new, or revise existing, VOC emission limits for consumer products," says HCPA spokeswoman Beth Ludwick. "This includes in-depth analysis of the definitions to ensure consistency, which helps manufacturers confidently formulate and produce compliant products."
To help companies keep track of regulations, HCPA maintains a matrix of VOC limits in more than 100 product categories regulated at federal and state levels. It also provides training.
"One or more states are almost always looking at their regulations in one way, shape or form. That’s why we try to aim at consistency as much as possible to minimise the amount of disruption in the marketplace," says Steven Bennett, HCPA senior vice president of scientific affairs.
Meeting air-quality standards
CARB looks at consistency in a different way – that is, working to ensure that all of California’s 35 air-quality management districts (air districts) meet SIP requirements.
Under California law, the primary authority for controlling emissions from architectural coatings is vested in these air districts. To assist them, CARB often provides guidance, including model rules such as the Suggested Control Measure (SCM) for architectural coatings, says CARB spokeswoman Melanie Turner.
"One SCM objective is to increase the uniformity of the district rules. Generally, air districts will update their rules based on their need to reduce emissions in efforts to attain the ambient air quality standards," Ms Turner says.The newly proposed SCM would lower VOC limits for 10 of 45 architectural coating categories and reduce VOC emissions by 2.5 tons per day statewide (excluding the Los Angeles-area South Coast Air Quality Management District (SCAQMD), which has already adopted lower VOC limits). The proposed effective date for the changes is January 2022.
Colorado, meanwhile, plans to implement OTC standards prior to the OTC’s 2018 updates, adopting the Phase II Model Rule for AIM coatings and Phase IV Model Rule for consumer products. OTC’s latest changes incorporated a new model rule, Phase V, for consumer products.
"These model rules are available and industry and retailers are familiar with them," Leah Martland, at the Colorado Department of Public Health and Environment, says. "A lot of effort went into the definitions of the model rules. So, while we’ll be aware of changes (proposed by CARB, OTC or other states), we are looking to these current rules for consistency."
David Foerter, OTC executive director, says he understands industry’s frustration with inconsistent rules. A national policy that most states could agree on would help alleviate the issue.
"We would love to see a national rule, and so would the stakeholders in this process, which would be much more consistent use of standards across the country," he told Chemical Watch. "But EPA hasn’t updated its national policy in many years throughout many administrations, and the current [Trump administration] isn’t the one that’s going to do that."https://chemicalwatch.com/77489/feature-us-states-adopt-tough-line-on-volatile-organic-compounds
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California Legislature Moves Forward Chemicals in Products Bills
May 21, 2019 | Chemical Watch
By Kelly Franklin
California has advanced several pieces of legislation addressing chemicals in products. These include bills strengthening the state’s Safer Consumer Products (SCP) programme, reducing chemicals of concern in jewellery, increasing transparency of cosmetic and disinfectant ingredients and reducing the use of paper receipts.
On 16 May, the Senate appropriations committee unanimously agreed to move forward a bill that seeks to expand the authority of the state’s Department of Toxic Substances Control (DTSC) under the SCP programme.
The legislation (SB 392) would allow the agency to bypass the alternatives assessment process and proceed directly to regulating designated ‘priority products’. And it would give the DTSC increased authority to mandate that industry supply it with information under the scheme.
The committee also voted up a bill to reduce lead limits in jewellery. The bill (SB 647) calls for reducing lead content limits in these products to EU levels: namely, 500 parts per million (ppm) for electroplated metal, unplated metal and dye or surface coatings, and to 200ppm in plastic or rubber.
It also looks to expand the definition of ‘children’s jewellery’ to include products intended for those of 15 years of age and younger. Such items would be subject to additional requirements with respect to cadmium content.
The bill is backed by Xavier Becerra, California's attorney general. He recently announced settlements with five jewellery distributors over violations of existing California laws on metal-containing jewellery. The state is collecting more than $80,000 in penalties for products that contained impermissible levels of cadmium or lead.
Meanwhile, legislation is also moving forward in the Assembly.
The chamber has voted in favour of a measure (AB 647) to require manufacturers to post online safety data sheets (SDSs) for ‘hazardous substances’ that constitute a cosmetic, or that are used to disinfect. And it prescribes that these be available in Spanish, Vietnamese, Chinese and Korean.
A bill analysis says that, while these SDSs are already prepared, they can be difficult for employees to obtain. The measure would make information more accessible to salon professionals and ensure they are available in the languages most spoken by industry workers, it says.
The measure is opposed by the Chemical Industry Council of California (CICC), among others. The trade group told legislators that providing this information publicly "risks misinforming ultimate consumers regarding both the type and level of risk posed by a given chemical."
But the bill passed the Assembly on 20 May on a 59-1 vote, sending it to the Senate for consideration.
Meanwhile, the Assembly appropriations committee advanced a separate bill that would generally block a business from providing a paper receipt unless requested by the customer.
The ‘skip the slip’ legislation (AB 161) says that 93% of paper receipts are coated with bisphenol A (BPA) or bisphenol (S), substances it says pose a "major risk" to retail workers when they enter their bodies through handling receipts.
The measure would direct businesses by 2022 to provide a printed receipt only at the customer’s request, and by 2024 to offer the option of an electronic copy. But it includes an exception for businesses that offer proof of purchase that neither contains BPA nor BPS nor includes items ‘nonessential to the transaction’, like advertisements.
https://chemicalwatch.com/77722/california-legislature-moves-forward-chemicals-in-products-bills
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Toxic Release Inventory Reporting – Upcoming Deadline
May 21, 2019 | National Law Review
By Michael L. Miller and Catherine Baocchi
What is Toxic Release Inventory (TRI) reporting?
Federal regulations require that certain covered facilities report toxic releases to air, discharges to surface waters, and quantities shipped offsite as wastes by July 1, covering the previous calendar year. TRI reporting derives from the Emergency Planning and Community Right-to-Know Act (EPCRA), which was enacted in 1986 in response to environmental and safety concerns posed by the storage and handling of toxic chemicals by select industries. These concerns were prompted by the 1984 tragedy in Bhopal, India, which resulted from a large accidental release of methylisocyanate fatally and seriously injuring more than 2,000 people. EPCRA’s “Community Right-to-Know” provisions help increase public knowledge and access to information about chemicals stored at industrial facilities, including the release of those chemicals into the environment.
The United States Environmental Protection Agency (EPA) expects that industries that are subject to TRI reporting requirements (see below) timely report accurate and reliable data. Without accurate and reliable inputs from industry, EPA is unable to further its goal of public transparency of toxic releases through the TRI program.
Who is required to report?
While TRI reporting is not a new requirement, annually refreshing your understanding of whether your company is required to report and, if you do not report, why your company is exempt from reporting, is consistent with good environmental compliance management practices.
By way of overview, TRI reporting is required if the facility: Is included under a North American Industry Classification System code specifically identified in the TRI regulations; and Has 10 or more full-time employee equivalents; and Manufactures, processes, or otherwise uses certain listed chemicals in quantities greater than established thresholds during the previous calendar year.
Covered industries include: manufacturing, machinery, textiles, apparel, lumber and wood, furniture, paper, printing and publishing, metal and coal mining, electric utilities, commercial hazardous waste treatment facilities, chemical and allied products wholesale, petroleum bulk terminals and plants, solvent recovery services, and other related industries.
How do businesses comply with TRI reporting obligations?
Facilities required to submit TRI reports must calculate the total amount of toxic chemical releases to the air, discharges to the surface water, and land disposal or recycling activities throughout the previous calendar year. For reporting year 2018, the reports must be submitted to the EPA on or before July 1, 2019. Reports are submitted electronically via the EPA’s Central Data Exchange system.
Consistent with EPA’s goal to ensure public access to toxic release information, violations of TRI reporting requirements carry hefty penalties – to deter inadequate or inaccurate reporting or not reporting at all, when required. As contrasted with other environmental compliance violations, correcting a TRI reporting violation requires disclosure to EPA that the business failed to previously file a report when required or provide accurate data about the amounts of toxic releases and/or specific chemicals that were released. Against the backdrop of EPA’s enforcement efforts over the years, including the assessment of significant penalties for entities who violate TRI reporting requirements, many companies seek to benefit from enforcement incentives by way of disclosing TRI reporting violations through EPA’s Audit Policy. If the conditions of EPA’s Audit Policy are satisfied, including, among others, the systematic discovery of violations through an environmental audit and the prompt and timely disclosure of same, regulated entities may be eligible for a reduction in or, in some instances, elimination of the gravity-based civil penalty that would otherwise be assessed by EPA. The EPA’s eDisclosure web-based portal streamlines the submittal of voluntary disclosures of TRI reporting violations. For companies interested in pursuing voluntary disclosure under the EPA’s Audit Policy, we recommend developing a strategy early on in the TRI evaluation process to ensure conformance with the conditions set forth in the Audit Policy.
https://www.natlawreview.com/article/ec-publishes-recommendation-coordinated-control-plan-certain-substances-migrating
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‘Likely Presence’ of PFASs Found in Albertsons Products
May 21, 2019 | Chemical Watch
By Leigh Stringer
NGOs in the US say tests on products sold at retailer Albertsons and one of its subsidiaries, Safeway, have identified the "likely presence" of per- and polyfluoroalkyl substances (PFASs).
Of the ten tested samples, obtained in Idaho and the San Francisco Bay Area, eight contained "elevated levels" of fluorine. This they say, indicates they were probably treated with PFASs. The NGOs say fluorine levels of 300 parts per million (ppm) and above are considered to indicate likely PFAS treatment because the substances contain fluorine atoms.
The products tested include: dental floss; bakery cake plates; and the packaging for Albertsons’ store-brand organic and conventional microwave popcorn.
The products were purchased by two NGOs – Conservation Voters for Idaho and Clean Water Action California – that are partners of the coalition Safer Chemicals, Healthy Families. They sent the items to a lab at the University of Notre Dame, which measured them for total fluorine content.
PFASs are used in food packaging to provide water and grease resistance. The chemical group is being considered for regulatory action by many national and regional authorities (see box).
In a statement to Chemical Watch, Albertsons said "like many other supermarket companies and restaurants, we are currently exploring alternatives for the packaging items that may have the presence of PFAS".
In addition, it said it "works closely with our suppliers and food safety team to ensure that our products are safe and meet all federal health and safety regulations".
In December last year, major American grocery retailers Whole Foods Market and Trader Joe’s committed to taking steps to remove takeout packaging containing PFASs.
In Europe, Danish retailer Coop announced in March that it will stop selling cosmetics products containing PFASs.
Regulatory action
In February, the US EPA published its federal plan to manage the risks posed by PFASs. This came amid mounting public concern about the impact of the substances that continue to be identified in drinking water sources nationwide. However, NGOs and lawmakers have said they are frustrated with a lack of concrete action steps in the plan.
US states are also taking action, including Washington and New Jersey. Earlier this year, environmental health coalition SAFER States said at least eight states will consider policies to eliminate or reduce PFASs in food packaging during this year’s legislative sessions.
In Europe, the Swedish chemicals agency has urged the European Commission to carry out a review on the presence of SVHCs in EU FCMs, including PFASs.
And a report commissioned earlier this year by the Nordic Council of Ministers estimates that the impact of PFASs on human health in the European Economic Area (EEA) could cost between €52 and €84bn a year.https://chemicalwatch.com/77746/likely-presence-of-pfass-found-in-albertsons-products
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Bayer Hires Lawyers as Monsanto Spying Probe Widens
May 21, 2019 | Bloomberg (E&E - Greenwire)
By Naomi Kresge
Bayer AG hired law firm Sidley Austin LLP to investigate a Monsanto surveillance project that first came to light in France and has now spread to encompass a half-dozen other European countries.
With the help of media company FleishmanHillard, Monsanto tracked journalists, politicians and others in France, Germany, Italy, the Netherlands, Poland, Spain and the U.K. as well as stakeholders connected to European Union institutions, Bayer said today. The German company said it decided at the end of last week to stop working with FleishmanHillard in the areas of communications and public affairs.
Uproar over the tracking project is among the myriad challenges Bayer inherited from Monsanto, the U.S. agriculture company it bought last June for about $63 billion. It first emerged in France, where a Paris prosecutor opened a preliminary inquiry this month into the company's alleged efforts to suppress criticism of its products. Meanwhile, Bayer has lost three consecutive U.S. court rulings over claims that Monsanto's weedkiller Roundup causes cancer and still faces thousands of similar lawsuits.
In Europe, Sidley Austin will review the names and data Monsanto collected and start informing individuals on the lists by the end of next week, Bayer said.
https://www.eenews.net/greenwire/2019/05/21/stories/1060373031
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Manhattan Starbucks Accused of Using Harsh Pesticides
May 21, 2019 | BNA Daily Environment Report
By Porter Wells
Starbucks coffee shops in New York use a harsh pesticide not recommended for use around food, exposing workers and consumers to toxic chemicals, according to two lawsuits filed May 21.
The declining sanitary conditions in Manhattan Starbucks have led the stores to use “No-Pest Strips” to combat insect encroachment, according to the consumer class action filed in New York state court. The strips use a time-released vapor containing the industrial insecticide Dichlorvos, or DDVP.
By inviting New Yorkers to spend hours working and socializing in their coffee shops, Starbucks has exposed their own patrons to the possibility of nausea, convulsions, muscle tremors, and even paralysis and coma, the suit alleges. The action claims two violations of New York general business laws governing consumer-oriented conduct and advertising.
Starbucks didn’t immediately respond to a request for comment.
DDVP can be poisonous in high concentrations, according to the Agency for Toxic Substances and Disease Registry. A person can be exposed to the insecticide by air or through the skin, and it’s been linked to cancers in some animal testing, the ATSDR says.
The No-Pest Strips label indicates they shouldn’t be used in food-preparation spaces or in areas occupied by people are for more than 4 hours a day. Both complaints contain numerous photos of the No-Pest Strips in and around food and on food preparation surfaces, allegedly taken by a pest control technician who serviced Starbucks stores in Manhattan.
That technician is one of three plaintiffs who filed a separate whistleblower retaliation complaint May 21 in the U.S. District Court for the Southern District of New York. The pest technician, his company’s operations director, and a former store manager claim they gave Starbucks management numerous unheeded warnings to stop using DDVP in stores.
The manager claims he was fired for pressing the issue. And Starbucks ended its contract with the pest control company only months after recognizing it as “Vendor of the Year,” the complaint alleges.
Starbucks’s upper management was aware stores were using pesticides to make up for the less-than-sanitary conditions at their stores, both complaints say.
The federal action claims violations of state and federal labor laws, whistleblower retaliation, and infliction of emotional distress.
Filosa Graff LLP represents Fox in the federal court action. Wigdor LLP represents George in the state court action.
The cases are Fox v. Starbucks Corp., S.D.N.Y., No. 19-cv-04650, complaint filed 5/21/19 and George v. Starbucks Corp., N.Y. Sup. Ct., No. 653015/2019, complaint filed 5/21/19.
https://news.bloombergenvironment.com/environment-and-energy/manhattan-starbucks-accused-of-using-harsh-pesticides
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EU Calls for Data on Possible Hormone Disrupters in Cosmetics
May 21, 2019 | BNA Daily Environment Report
By Stephen Gardner
The European Union could restrict the use of 14 chemicals in cosmetics because they may interfere with the human hormone system.
In a first step ahead of possible restrictions, companies and others involved should provide safety and exposure data on the substances by Oct. 15, according to the European Commission, the EU’s executive arm.
The 14 substances have either been identified as having endocrine-disrupting properties, or are suspected of being endocrine disrupters and are currently being assessed under the EU’s REACH law (Regulation No. 1907/2006 on the registration, evaluation, and authorization of chemicals), the commission said in its request for scientific information.
The move to possibly restrict the substances is a “promising first step,” said Pelle Moos, senior policy officer for safety and health at the European Consumer Organization. The commission should “proactively ensure that the use of these substances in mascaras, face creams, or shampoos does not endanger consumers’ health,” he told Bloomberg Environment.
Based on information it receives, the commission said it will request opinions from the EU’s Scientific Committee on Consumer Safety, then “take appropriate action to prohibit or restrict the use of the different substances in cosmetics.”
Concerns Flagged Up
The substances are: 4-methylbenzylidene camphor, benzophenone, benzophenone-3, benzyl salicylate, BHT (butylated hydroxytoluene), daidzein, genistein, homosalate, kojic acid, octocrylene, propylparaben, resorcinol, triclosan, and triclocarban.
The substances have various uses in cosmetic products, including as fragrances, antibacterial agents, and ingredients in sunscreens and lip balms that protect against ultraviolet light.
Different health concerns have been raised about the substances. For example, benzophenone-3, used in sunscreens, has been found to be toxic to coral, while in April, the U.S. Food and Drug Administration finalized a rule confirming a prohibition on triclosan in hand-sanitizing gels.
German personal-care product manufacturer Henkel AG & Co. would provide data on “a few” of the substances in response to the consultation, said spokeswoman Linda Fischer.
“In our cosmetic products, we use only ingredients that comply with the European Union’s Cosmetics Regulation and all other relevant legal regulations of the EU,” she said.
Procter & Gamble Co. spokeswoman Olivia Hughes and Coty Inc.’ s Julien Wintenberger referred requests for comment to cosmetics industry associations. EU industry group Cosmetics Europe didn’t respond to requests for comment.
“Most ingredients used in cosmetics have never been checked rigorously for their harmful impact on our hormonal system,” and the EU should update its rules on cosmetics “to address this unacceptable gap,” the European Consumer Organization’s Moos said.
The European Commission didn’t give a date for decisions on possible restrictions on the substances.
https://news.bloombergenvironment.com/environment-and-energy/eu-calls-for-data-on-possible-hormone-disrupters-in-cosmetics
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EC Publishes Recommendation on Coordinated Control Plan for Certain Substances Migrating from FCMs
May 21, 2019 | National Law Review
The European Commission (EC) has published a Recommendation on a coordinated control plan to determine the prevalence of certain substances migrating from food-contact materials (FCMs) into food. The Recommendation, (EU) 2019/794, was published in the Official Journal of the European Union on May 17, 2019.
The EC notes in Recital 3 to the Recommendation that information available from the Rapid Alert System for Food and Feed (RASFF) indicates that the levels of certain substances migrating from FCMs into food are not always in compliance with the applicable legislation; yet, there is inadequate information to sufficiently determine the prevalence of these substances in food migrating from FCMs. Therefore, the Recommendation directs Member States (MSs) to implement the coordinated control plan to determine: 1) the migration of targeted substances from FCMs; 2) targeted substances in FCMs; and 3) overall migration from plastic FCMs. In particular, the types of substances that should be analyzed are: Primary aromatic amines (PAA), Formaldehyde and Melamine Phenol, Bisphenols including bisphenol A (BPA) and bisphenol S (BPS), Phthalates and non-phthalate plasticisers, Fluorinated compounds (Recital 14 to the Recommendation explains that "Per- and polyfluoroalkyl substances (PFAS) are a group of compounds that includes perfluorooctanoic acid (PFOA) and perfluorooctane sulphonate (PFOS).")
Metals
The Recommendation also specifies the types of FCMs and the minimum number of samples that should be tested by the MSs. The time frame for controls is from June 1 through December 31, 2019. The results of the monitoring should be reported to the EC by the Member States by February 29, 2020.
https://www.natlawreview.com/article/ec-publishes-recommendation-coordinated-control-plan-certain-substances-migrating
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Wyoming Wants More Oversight of Environmental Reviews
May 21, 2019 | BNA Daily Environment Report
By Tripp Baltz
Wyoming is seeking more control over reviews of projects on federal public lands that have the potential for large environmental impacts, such as mining and oil and gas drilling.
Interior Secretary David Bernhardt and Wyoming Gov. Mark Gordon (R) met twice in Washington earlier this year to discuss how Wyoming could be more involved in environmental assessments and environmental impact statements for natural resource extraction projects covered by the National Environmental Policy Act. A committee of the Wyoming legislature recently held a hearing on the idea.
Wyoming appears to be the first state to ask for delegation of NEPA functions, which historically have been carried out by agencies in Interior and the Agriculture department, such as the Bureau of Land Management, the Fish and Wildlife Service, the Office of Surface Mining Reclamation and Enforcement, and Forest Service.
Outside Groups Cautious
The state initially said it was considering seeking state primacy over NEPA within its borders. But environmental and industrial groups alike cautioned Wyoming to proceed lightly, given the resources it would take to have additional delegated authority. Under primacy, Wyoming—not the federal government—would be the main one responsible for administering and enforcing NEPA regulations.
In a statement of its interim activities, the Wyoming Legislature’s Minerals, Business, and Economic Development committee said it would study the possibility of entering into an agreement with the Interior Department to allow the state to have primacy and oversight over “environmental assessments and environmental impact statements prepared for major federal actions in the state.”
Beth Callaway, a natural resources policy adviser to Gordon, told Bloomberg Environment May 20 the state isn’t looking at primacy, nor would it be seeking “a handover of federal lands to the state.”
Instead, she said federal agencies would maintain oversight over NEPA in Wyoming, but the federal government “would delegate some NEPA functions to the state.”
Efficiency Sought
The NEPA process is overly complex, time-consuming, and often results in litigation and delays in starting projects, Callaway said during May 16 testimony before the legislative committee. Gordon is asking if there is an opportunity to make the process more efficient, she said.
“We’d like to find solutions that would streamline and improve the environmental review process in Wyoming,” Callaway said.
For example, she said the state could coordinate environmental assessments and environmental impact statements, manage contractors, issue requests for proposals, perform analyses for certain sections of NEPA reviews that pertain to the expertise of state agencies, and manage paperwork for documents that relate to permit application.
Environmental groups are wary.
“Environmental assessments and environmental impact statements are the primary functions of NEPA,” said Rob Joyce, conservation organizer for the Wyoming Chapter of the Sierra Club based in Laramie. “Transferring them to state control would be extremely costly, and we’d be concerned the state wouldn’t be willing to put the appropriate amount of rigor into these processes.”
The Sierra Club has received funding from Bloomberg Philanthropies, the charitable organization founded by Michael Bloomberg. Bloomberg Environment is operated by entities controlled by Michael Bloomberg.
The effort is “just one more way Cheyenne is trying to take the public out of our American public lands,” the Jackson Hole Conservation Alliance said in a statement.
Industry Concerns
Industry also expressed doubts. Travis Deti, executive director of the Wyoming Mining Association, told the committee that the state assuming more NEPA management “might not lead to more efficient processing and decision-making.”
“It would take significant resources, manpower, and cost commitment by the state, and it could deplete resources for the current permitting systems in Wyoming,” he said. “It’s no secret the NEPA process has devolved into an extremely inefficient, untimely aspect of federal leasing and permitting decisions. Finding ways to increase efficiencies is something we’d support. NEPA is a federal act, and the efficiencies are best done at the federal level.”
But witnesses applauded the state stepping back from pursuing full NEPA primacy.
“Primacy would open this up to litigation that we would likely not win,” Mark Christensen, Campbell County commissioner, told the committee.
https://news.bloombergenvironment.com/environment-and-energy/wyoming-wants-more-oversight-of-environmental-reviews
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Oklahoma Explorer Alta Mesa Under Investigation by SEC
May 21, 2019 | Natural Gas Intelligence
By Carolyn Davis
The U.S. Securities and Exchange Commission (SEC) is investigating Oklahoma explorer Alta Mesa Resources Inc. for possible issues in its financial reporting, the Houston-based independent has disclosed.
The producer, led by Anadarko Petroleum Corp.’s former chief Jim Hackett, was formed with private equity money from Riverstone Holdings LLC initially as Silver Run Acquisition Corp. II. In 2017 Silver Run combined with Oklahoma-focused producer Alta Mesa Holdings LP and Kingfisher Midstream LLC, whose assets were concentrated in the STACK, aka the Sooner Trend of the Anadarko Basin, mostly in Canadian and Kingfisher counties.
Alta Mesa has been struggling, announcing across-the-board layoffs and recently disclosing it would write down $3.1 billion of assets because of undisclosed issues in its financial accounting.
The company launched as a public entity in 2018 with an estimated Wall Street value of $3.8 billion. Shares were trading for around 14 cents at midday Monday.
Although it has not issued its 1Q2019 results, the company indicated in an SEC filing that it expects to incur a $13 million loss. The company said it was continuing to make progress in finalizing its Form 10-K and 1Q2019 forms 10-Q for both Alta Mesa Resources and Alta Mesa Upstream, but it could not estimate when they would be completed.
First quarter production was estimated to be 37,800 boe/d, 71% liquids. Alta Mesa began the year with six rigs but it had reduced the rig count to zero by the end of January.
“A new development program was restarted in March,” with 16 wells completed and to rigs in operation. “The company’s objective with the development program is to improve economic returns through a revised well spacing pattern of four or five wells per section, improved lateral placement and lower well costs,” management said.
Under the “reinvigorated development program, Alta Mesa Upstream has drilled 10 wells completing eight patterns,” including drilled but uncompleted wells. Through last Friday (May 17), it had brought online 22 wells, all tied into the company’s Kingfisher Midstream system.
“The wells drilled and completed in 2019 have been averaging less than $3 million per well compared to $4.5 million per well experienced by the end of the previous drilling program,” Alta Mesa noted.
In February, the upstream business provided an initial estimate of 158 million boe in proved reserves as of year’s end 2018. However, based on an assessment in April of its ability to continue as a going concern “and the uncertainty of funding the related development costs,” an estimated 89 million boe of proved undeveloped, or PUD, reserves, were removed.
As a result, Alta Mesa recorded 69 million boe of proved developed reserves for the end of 2018, comprised of 25 million bbl of oil, 20 million bbl of natural gas liquids and 144 Bcf of natural gas.
If its ability to fund required development costs improve in the future, the upstream business expects to recognize all or a portion of the removed PUDs as proved.
Hackett, who was Anadarko CEO from 2004-2012, has chaired Alta Mesa since the company’s inception. He took over as interim CEO earlier this year after the previous CEO, COO and CFO resigned.
In December the company announced the immediate resignations of CEO/President Harlan H. Chappelle and COO Michael E. Ellis, who also resigned as board members. CFO Michael A. McCabe already had resigned by that time and was replaced by John C. Regan in early January.
Following the resignations, Alta Mesa entered into an agreement with private equity operator Meridian Energy LLC, led by Randy L. Limbacher, John H. Campbell and Mark P. Castiglione. Limbacher was appointed Alta Mesa’s president, with Campbell appointed COO-upstream and Castiglione named chief of staff to the president on a consulting basis.
At the beginning of May, Alta Mesa estimated its debt was $1.061 billion and said it had an estimated $144 million of total liquidity, including $110 million of cash.
The upstream unit’s total debt was $868 million, and as of April it had drawn “substantially all remaining capacity under its credit facility,” with liquidity estimated at $95 million of cash. Kingfisher Midstream had total borrowings $193 million at the start of May, within its available credit capacity of $225 million. Until Alta Mesa has delivered its audited 2018 and unaudited 1Q2019 financial statements, Kingfisher is limited to $225 million of borrowing capacity. Once the financials are delivered, the borrowing capacity would return to $300 million.
“Alta Mesa is currently in discussions with the lenders under its credit facility in order to seek relief, including with respect to the leverage ratio financial covenant,” management noted. “The company has determined that there is substantial doubt about its ability to continue as a going concern due to the uncertainty of the negotiations with its lenders.”
Alta Mesa said it is cooperating with the SEC investigation and is working to correct internal controls and financial reporting.
https://www.naturalgasintel.com/articles/118433-oklahoma-explorer-alta-mesa-under-investigation-by-sec
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Range Claims Marcellus Ops Not Impacting Air Quality Near Pennsylvania Schools
May 21, 2019 | Natural Gas Intelligence
By Jamison Cocklin
Range Resources Corp. said a two-year effort to monitor ambient air quality near one of its Marcellus Shale well sites in southwestern Pennsylvania shows that its operations and those of its peers in the area do not pose serious or chronic public health risks in the region.
The study, conducted for Range by Massachusetts-based Gradient Corp., monitored air quality through the full-development cycle of a six-well pad in Washington County’s Mount Pleasant Township, where Range drilled the state’s first Marcellus well in 2004. The site is near a high school and elementary school campus, where Gradient collected data in what Range said was a first-of-its-kind study in Appalachia to track certain emissions from the time pad construction started through one year of natural gas production.
The researchers collected data from three locations, monitoring particulate matter and volatile organic compound (VOC) emissions at varying distances from the Yonker well site. Emissions were observed at various intensities during the drilling and production phases, but researchers said they were consistently below health thresholds.
The data, according to Range, showed that measured particulate matter and VOC concentrations were below health-based air comparison values. The data also indicated that air monitoring sites located between the well site and the Fort Cherry School District campus showed no air quality impacts of potential health concern at the schools, the producer said.
The report also said measured particulate matter and VOC concentrations did not provide evidence of long-term average concentrations in comparison to other regional data in Washington County tracked by the state Department of Environmental Protection (DEP) that are further from natural gas development. Moreover, the research reflected what Range said is the cumulative contributions of both air emissions from the Yonker pad and other sources, such as dozens of nearby natural gas well sites.
Data was gathered from December 2016 to October 2018 and analyzed by Gradient for six months. Range spokesman Michael Mackin told NGI’s Shale Daily that the company had received questions about how its operations might be impacting air quality near the school district, prompting it to commission a third-party study.
“Air quality effects of our operations have long been a priority, and we monitored a well site near a school campus to verify that our engineering designs and operations were conducted to minimize impacts and to be transparent and responsive to students, parents and those in the community,” the company said. “This third-party analysis aligns with other reports conducted by regulatory agencies and the school district, all of which have definitely shown that natural gas development does not create any chronic or acute health problems.”
Gradient’s findings, according to Range, are similar to those reached by the DEP and research by Cardno ChemRisk, which was commissioned by the school district to gauge air quality in the area.
However, the director of the Southwest Pennsylvania Environmental Health Project, Raina Rippel, said her organization’s independent findings have revealed a link between shale gas facilities and health-related issues. Other peer-reviewed studies have too, she said.
“Toxics and particle pollution are released from practically every stage of shale gas development,” Rippel said. “When gauging whether the health of nearby residents is at risk, we need to look at how, and how often, they are exposed. Spikes in exposures can cause acute effects even when average exposures are below standards, and long-term exposures can cause chronic effects even when yearly safety levels are met.”
The gas industry is a significant source of methane emissions and the largest industrial source of VOCs, according to the U.S. Environmental Protection Agency (EPA). While methane is more harmful to the environment, VOCs contribute to the formation of ground-level ozone, which is linked with a wide-range of health effects. In addition to helping form ozone, VOC emissions include air toxics such as benzene, ethylbenzene and n-hexane. Air toxics are known or suspected of causing cancer and other significant health effects.
PennFuture Energy Center Director Rob Altenburg, a former DEP staffer who analyzed emissions for the state, also shared reservations about the Gradient study. He expressed concerns about its scope and the fact that only one site was primarily observed.
“When you have a test that says, ‘we checked this one particular source over this one particular time period, and didn’t find a problem,’ that’s great that they didn’t find a problem, but that does not necessarily imply that there is not a problem with other sources and there’s not a problem industry-wide,” Altenburg said Monday during an interview.
Indeed, Range’s study was conducted in a hotbed of Marcellus activity. The state has issued more than 3,600 unconventional drilling permits in Washington County, which was the second-highest producing region during 4Q2018, accounting for nearly 1.2 Tcf of production.
Altenburg said the public has demanded more air monitoring by the industry, which he added was partly fulfilled by Range’s efforts. But he also wondered what an aggregate sample from a larger group of wells might show in the county.
Energy In Depth spokesman Dan Alfaro touted Range’s efforts, noting that the monitors used by Gradient are “extremely sensitive” and able to pick up not only emissions coming from the Yonker pad, but also other nearby well sites and even traffic.
“This is just another example of the oil and gas industry working to provide the community with the utmost transparency in its operational procedures and best practices,” Alfaro added. “It will go a long way to alleviate any potential concerns of those living in developing areas."
Founded in 1985, Gradient is an environmental and risk science consulting firm with offices in five states. The company has worked in 31 countries, according to its website. It specializes in toxicology, epidemiology, geographic information systems and environmental/forensic chemistry, among other things.
https://www.naturalgasintel.com/articles/118434-range-claims-marcellus-ops-not-impacting-air-quality-near-pennsylvania-schools
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Texas Pipeline Protesters Face 10 Years in Prison Under Proposal
May 21, 2019 | BNA Daily Environment Report
By Rachel Adams-Heard
Oil pipeline protesters who interrupt operations or damage equipment could face up to 10 years in prison under legislation approved by Texas lawmakers.
Under a bill approved by both chambers of the state legislature, protesters found guilty of halting service or delaying construction of an oil or natural gas pipeline could be charged with a third-degree felony punishable by two to 10 years of incarceration. That’s on a par with the sentences meted out to drive-by shooters who fail to hit their mark.
The measure, authored by Republican Representative Chris Paddie, cleared the Texas House on May 7 and the Senate on Monday. The Texas Oil & Gas Association applauded its passage and said the bill provides property owners and pipeline companies “greater protections against intentional damage, delays, and stoppages caused by illegal activity.”
The bill still needs Governor Greg Abbott’s signature to become law.
Environmental groups, meanwhile, called the measure an assault on free speech. “The bill was never about safety and security,” Cyrus Reed, interim director for the Sierra Club’s Lone Star Chapter, said in an email. “It was about silencing protesters trying to protect their water and land.”
Keystone XL
States have been taking action to prepare for pipeline protests as environmental groups increasingly target infrastructure as part of their opposition to fossil fuels.
Earlier this year, South Dakota advanced legislation to allow the state to seek money from pipeline companies to help cover expenses related to protests. That bill aims to ready South Dakota for the contentious Keystone XL crude oil pipeline, which is held up in court but recently scored a new presidential permit from the Trump administration.
Other projects, including Energy Transfer LP’s Dakota Access crude pipeline and EQM Midstream Partners LP’s Mountain Valley gas conduit, have also drawn on-the-ground protests. Even in Texas, which is considered friendlier to the oil and gas industry, activists have staged opposition to the Trans-Pecos pipeline, which runs through the Big Bend region in the western part of the state.
https://news.bloombergenvironment.com/environment-and-energy/texas-pipeline-protesters-face-10-years-in-prison-under-proposal
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IG: Safety Board Can't Operate Without Members
May 21, 2019 | E&E - Greenwire
By Ariana Figueroa
The Chemical Safety Board is at risk of losing its governing body and ability to function by next year, its internal watchdog has warned.
EPA's Office of Inspector General, which audits the independent agency that investigates the causes of industrial chemical accidents and makes recommendations, noted in its annual reportthat CSB "cannot carry out its mission or meet its goals" without new members to its board by August 2020.
The board is responsible for budget decisions, oversight and approval of reports from investigations and studies. Safety recommendations from investigators and reports must be approved by the agency's five Senate-confirmed board members, who serve five-year terms.
There are currently only three members on the board — all nominees of former President Obama. Two of those members' terms are set to expire in December, which would leave the board with only one member. The IG report adds that "the regulatory language lacks clarity, such as by leaving open whether a single board member may constitute a quorum."
Investigators noted that it took an average of 10.5 months to confirm each current board member from the date they were nominated. President Trump has not nominated any additional members.
The White House has repeatedly called to eliminate the agency in its budget requests to Congress, but appropriators have ignored the requests (Greenwire, May 14).
"Regardless, it is clear that allowing the board to reduce to one or zero members will deeply impair the ability of the board to conduct such critical business as deciding which investigations to open and the finalization of reports," the IG report says.
The IG report says CSB had a meeting with the White House in February on the "roles and responsibilities of being a board member and what experiences should be considered for candidates for nomination." But the agency "does not expect any consultation before nominations are made."
Hillary Cohen, CSB's communications manager, said in an email that the agency is "refining and revising our internal governance documents" and acknowledges that "we still have more to do."
"We are working to ensure when new Board members are nominated and confirmed, that we will have a better process of onboarding and preparing them for their terms," she said.
Last year's report implored the agency to ask Congress for additional funding to attract and retain talent as well as strengthen the chair's position, which is temporary held by Kristen Kulinowski (Greenwire, June 5, 2018).
https://www.eenews.net/greenwire/2019/05/21/stories/1060373527
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Ewire: GOP Senators Crafting Climate 'Innovation' Bills
May 21, 2019 | Inside EPA
Several Republican senators are readying climate change legislation that would boost “innovation” of low-carbon technology, offering a political and substantive response to Democrats' renewed calls for ambitious policy that would require major reductions of greenhouse gas emissions.
The GOP has increasingly embraced a technology-focused climate agenda, while largely opposing regulations or other “mandates” intended to force GHG cuts. Now, that rhetoric is beginning to translate into actual legislation, and Bloomberg rounds up some of the high-profile bills.
One measure, which could be introduced May 22, is aimed at reducing the cost of energy storage, a technology seen as key to integrating large amounts of renewables. It is being crafted by Sen. Susan Collins (R-ME), and is also has a Democratic backer, Sen. Martin Heinrich (NM).
“We have to be articulating the big picture solutions that are actually going to meet the scale of the climate crisis, but at the same time recognize that we are not in charge of the Senate floor right now,” he told the article.
The story also flags a forthcoming bill from Sen. John Cornyn (R-TX) that would boost research and development funding for carbon capture and storage (CCS) technology, as well as a “Clean Energy Investment Fund” bill being crafted by Republican Sens. Mitt Romney (UT), Lindsey Graham (SC), John Barrasso (WY), Lisa Murkowski (AK) and Lamar Alexander (TN).
Other Democrats and environmentalists, however, have increasingly criticized Republicans' reliance on low-carbon technological innovation, saying such policies alone constitute a dilatory response to what many consider the world's most pressing environmental threat.
“The Republicans want to solve this problem with belief in the innovation fairy and that the innovation fairy is going to come and sprinkle innovation pixie dust on this problem and make it go away,” said Sheldon Whitehouse (D-RI) in March remarks.
Or, as Lukas Ross of the group Friends of the Earth argued to Bloomberg: “Innovation may have been an acceptable position two or three decades ago, but today [it] amounts to climate denial.”
https://insideepa.com/daily-feed/ewire-gop-senators-crafting-climate-innovation-bills
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Senate GOP Readies Climate Bills in Bid to Court Wary Democrats
May 21, 2019 | BNA Daily Environment Report
By Ari Natter
Senate Republicans are readying a response to populist climate initiatives such as Rep. Alexandria Ocasio-Cortez’s (D-N.Y.) “Green New Deal” with measures that they say adhere to their free-market principles and stand a better chance of becoming law.
The emerging proposals to fight climate change would avoid imposing dramatic cuts to carbon dioxide emissions. Instead, they seek to promote clean energy technology such as energy storage, renewable power, and carbon-capture technologies. One measure would create an investment fund to pay for the research.
“What we’re doing is trying to come up with on something that actually has a path to getting bi-partisan support,” said Thom Tillis, a North Carolina Republican crafting legislation aimed at promoting renewable energy. “We’re serious about trying to make a difference and not just making a point.”
The first of the Senate Republican bills, which could be introduced as early as May 22, seeks to reduce the cost of grid-scale energy storage -- a technology that could transform the wind and solar industries by allowing the resources to produce power around the clock. Most of the power they provide today is limited to when the sun is shining or the wind is blowing.
Some Democrats backing the effort say it represents an opportunity even if they believe stronger legislation is needed.
“We have to be articulating the big picture solutions that are actually going to meet the scale of the climate crisis, but at the same time recognize that we are not in charge of the Senate floor right now,” said Senator Martin Heinrich, a Democrat from New Mexico, who is partnering with Maine Republican Susan Collins on the energy storage bill.
“When you can build bi-partisan consensus around something that truly matters,” he added, “we need to every opportunity to do that.”
Republican senators supporting the effort, many of whom are up for re-election in 2020, see a chance to emphasize alternatives to progressive plans by Ocasio-Cortez, a Democrat from New York, and others proposed by her party’s candidates for president.
The Republican solutions come as the party has slowly shifted from ignoring or sowing doubt about climate change to acknowledging the problem -- following increased voter anxiety about catastrophic hurricanes, flooding, and wildfires and back-to-back scientific reports that found urgent reductions in carbon dioxide emissions are needed.
Environmentalists’ Response
Critics say the Republican solutions are too little too late.
“Innovation may have been an acceptable position two or three decades ago, but today amounts to climate denial,” said Lukas Ross, a senior policy analyst for the environmental group Friends of the Earth. “We have the technological solutions we need to transition to 100% renewables. The problem isn’t our technology the problem is the politics.”
But if the goal is to reduce emissions, “I think there is more than one way to do it and my preferred method is through innovation,” Texas Senator John Cornyn said in an interview. “This is basically trying to get out of the way and let the free enterprise system create the solution other than government regulation.”
Cornyn is working on a bill to spur new research and development for carbon capture, including new ways of capturing emissions from natural gas, which is abundant in his home state. Cornyn told reporters on a phone call he expects his legislation will be among “a number of bills that will make up an effort to show that we do have a good alternative, actually a better alternative” to the Green New Deal.
House Democrats, who won control of the chamber last year vowing strong action on climate, aren’t exactly jumping at the opportunity to work with Senate Republicans.
“I’d have to see this package,” said Florida Representative Kathy Castor, who chairs the special committee established by House Speaker Nancy Pelosi to find solutions to climate change. She said earlier this month the committee will “examine” a ban on oil drilling and other fossil fuel extraction from federal land.
New funding for clean energy technologies are also being eyed. Republican Senators Mitt Romney of Utah and Lindsey Graham of South Carolina told Bloomberg they are crafting legislation that would create a new Clean Energy Investment Fund.
The bill could fund carbon capture and advanced nuclear technologies, said Senator John Barrasso, a Wyoming Republican who is working on the bill.
Other Republicans who are involved, Graham said, include Senator Lisa Murkowski, an Alaskan Republican who chairs the Senate Energy and Natural Resources Committee, and Tennessee Republican Senator Lamar Alexander, who has called for doubling energy research funding as a way to fight climate change.
“We think climate change is real, man is contributing to the problem and innovation, not regulation” are what we should invest in to get to a lower carbon economy, Graham said.
https://news.bloombergenvironment.com/environment-and-energy/senate-gop-readies-climate-bills-in-bid-to-court-wary-democrats
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May 21, 2019 | Washington Post
By Dino Grandoni
Bernie Sanders (I-Vt.) wrote there is “no 'middle ground' when it comes to climate policy.” Alexandria Ocasio-Cortez (D-N.Y.) condemned politicians seeking “a middle-of-the-road approach to save our lives.”
Both standard-bearers of the ascendant leftist flank of the 2020 field were knocking Joe Biden, who is leading in early polling for the Democratic nomination for president.
The former vice president has faced a barrage of criticism that he's not taking climate change seriously enough, ever since Reuters released a report saying he's president is pursuing a “middle ground” approach.
Lost in the hubbub is what, exactly, a “middle ground” policy would even look like. The climate debate so far has been dominated by Ocasio-Cortez and her progressive ilk, whose Green New Deal proposal called on the U.S. to drastically reduce greenhouse-gas emissions over the next decade and had no chance of winning over Republicans and even some moderate Democrats. Those like Biden who are inclined to try to seek compromises with Republicans have yet to release a plan.ADVERTISING
But a number of energy and environmental wonks — ranging from center-left to center-right — were happy to fill in the details about how such a "middle ground" policy could take shape. They outlined a set of climate policies they see as both realistic to execute and possible to pass on a bipartisan basis:
Natural gas: One of the biggest cruxes in the intraparty debate is over natural gas. To ardent environmentalists, it is another fossil fuel that is contributing to the buildup of greenhouse gas emissions warming the planet and, therefore, must be kept in the ground indefinitely. Only adding to the problem is the groundwater pollution caused by the technique called hydraulic fracturing, or fracking, increasingly used to extract the fuel.
A middle-ground approach would likely involve a role for natural gas in electricity generation for the foreseeable future. “It's a key reason renewables have grown so quickly,” Paul Bledsoe, a former climate adviser in the Bill Clinton White House, said of natural gas. Unlike nuclear and coal plants, gas-fired power stations can turn on the juice quickly during cloudy or windless stretches when solar and wind generation lag behind. Until battery technology catches up, Bledsoe added, “it's utterly disingenuous of the left to pretend we can get rid of natural gas anytime soon.”
But to mitigate emissions of natural gas, Bledsoe and other want to see the federal government invest in carbon-capture technology, through both funding for researchers or tax breaks to corporations. But the devices to skim carbon dioxide from the air are, at the moment, still cost prohibitive. And some left-leaning environmentalists see recently enacted carbon-capture tax credits as yet another handout to corporate America.
Nuclear energy: This is another hot-button issue among Democrats. Ocasio-Cortez's Green New Deal resolution conspicuously avoids taking a stance on the energy source. The (still unresolved) issue of where to store radioactive waste has long made nuclear energy loathed on the left. Yet at the same time, the fleet of nearly 100 nuclear reactors in the United States is the nation's largest source of emissions-free power.
The middle-of-the-roadsters want to see policymakers embrace this proven source of low-emission energy, especially with competition from natural gas and renewable sources threatening the economic viability of nuclear energy. “We need to keep existing nuclear online,” said Josh Freed, head of the clean energy program at center-left think tank Third Way. “When nuclear is retired, it is far too often replaced by emitting sources of energy. That's a step backwards.”
Price on carbon: Maybe the biggest question in the intraparty climate debate is whether the federal government should make companies or consumers pay a price for emitting climate-warming gases.
Many economists like the idea of a carbon tax, or something similar, for discouraging climate-warming pollution without policymakers trying to pick which technology is best to achieve those reductions.
The idea is broadly popular with Democratic politicians. It has even gained traction among some elder GOP statesmen, such as former secretaries of state James A. Baker III and George P. Shultz. Travis Kavulla of R Street, a center-right think tank, called such a policy a “clear-eyed, market-based approach.”
But some left-leaning environmentalists worry a complex pricing mechanism won't wean the country off fossil fuels fast enough to stop the planet from warming to dangerous levels. And many of the proposals for a price on carbon, including the one from Baker and Shultz, come with a catch environmentalists find hard to swallow: In exchange for taxing carbon, the government would erase anti-pollution rules already on the books.
What is Biden saying now? Without a public climate plan in hand, Biden is disavowing that “middle” brand. “You never heard me say middle of the road,” he told reporters in New Hampshire. “I’ve never been middle of the road on the environment.”
Still, there are signs of what Biden's climate plan will look like — and it probably will involve reinstalling Obama-era rules that President Trump's deputies are dismantling.
“Why in God’s name did this president freeze that?” Biden told reporters in New Hampshire, referring to the Trump administration's decision to reverse Obama-era regulations to make new cars and trucks more fuel efficient. “Even the automobile companies were for it.”
More to the point, Biden suggested recently that simply removing Trump from office is more important than any specific policy proposal at the moment.
As he said at a Philadelphia rally this weekend, “If you want to know what the first, most important plank in my climate proposal is: Beat Trump."
https://www.washingtonpost.com/news/powerpost/paloma/the-energy-202/2019/05/21/the-energy-202-democrats-slammed-biden-on-climate-change-but-what-would-a-middle-ground-even-look-like/5ce2e8aba7a0a435cff8c0f6/?utm_term=.b695d68c03f0
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What Dense Sensor Networks Can Teach US About Air Pollution
May 21, 2019 | Environmental Defense Fund
By Maria Harris
It all started with a challenge in 2013: how to engineer pollution-sensing balloons. Thomas Kirchstetter, Adjunct Professor at the University of California, Berkeley and the Director of the Energy Analysis and Environmental Impacts Division at Lawrence Berkeley National Lab, wanted to attach pollution sensors to high altitude weather balloons to measure how black carbon moves throughout the atmosphere.
Black carbon “soot” is emitted from diesel engines on trucks, locomotives, and ships, as well as from wildfires and the combustion of solid fuels for cooking and heating. But available technology to measure this air pollutant wasn’t well suited to handle the changes in temperature and humidity experienced during its ascent through the atmosphere or affordable enough to scale. So, he and Berkeley graduate students Danny Wilson and Julien Caubel researched what it would take to create their own.
Meanwhile, Kirchstetter had been in touch with Joshua Apte, assistant professor at the University of Texas at Austin, about his work leading Environmental Defense Fund’s mobile pollution monitoring study using Google Street View cars to measure air quality in Oakland. Apte asked Kirchstetter to support the team’s analysis as they examined how pollution concentrations varied from block to block—including black carbon. That’s when a lightbulb went off for Kirchstetter.
An audacious idea takes shape
Kirchstetter wondered, “should we be audacious enough to propose completing our sensors and distributing them throughout Oakland as well?” He went back to the lab and drafted a concept for a low-cost, robust sensor network to install across West Oakland that would complement EDF’s mobile efforts. The Berkeley team envisioned 100 sensors positioned across the area that would track black carbon over the course of 100 days. The sensors would send information back to a central database that would monitor changes in pollution levels and note the performance of the sensors on a map. They’d call it the 100×100 study.
My colleagues at EDF were intrigued. “While our mobile monitoring project was measuring how black carbon and other pollutants varied at small distance intervals, Tom’s idea was to measure how pollutants changed over time,” explained Millie Chu Baird, Associate Vice President of EDF’s Office of Chief Scientist. After meeting over coffee one Saturday in Oakland, “We immediately saw value in how the two projects could complement each other and tell us even more about local air pollution in Oakland, so we funded it.”
Pairing mobile monitoring with a stationary network like 100×100 can help researchers understand where pollutant levels are higher and lower as well as the main sources causing the pollution. For example, a mobile monitor can measure pollution throughout a neighborhood but isn’t everywhere all of the time, while a stationary sensor can measure pollution at selected locations twenty-four hours a day, seven days a week. Together, these complementary approaches paint a picture, showing how traffic patterns or even the shift times of truck drivers can impact the level of air pollution.
Community advocates provide critical support
Kirchstetter and team, led by Caubel, research associate Troy Cados, and graduate student Chelsea Preble, set out to validate the performance of their sensors and then manufacture at least 100 low-cost units small enough to install on light posts, fences, and exterior walls, yet robust enough to provide highly accurate measurements in an outdoor environment. And they had to be cheap enough to replace in the event of loss, damage, or theft.
Once the sensors were ready, the team began to plan for where in West Oakland to install them. “We wanted to have good spatial coverage that represented all different types of locations in West Oakland,” Preble said. “We especially wanted to capture the Port of Oakland boundary, major truck routes, arterial roads, industrial areas, and residential neighborhoods.”
To ensure that the placement of monitors reflected the local knowledge and priorities of the West Oakland community, EDF and the Berkeley team partnered with the West Oakland Environmental Indicators Project (WOEIP), a local environmental justice organization with deep experience in citizen science and air pollution advocacy. WOEIP, which had also worked with us on our mobile mapping project, advised on monitor placement and led outreach to residents and local businesses who would host the monitors.
“This is not the first project that we have done to engage residents and place instruments or devices in their homes,” Ms. Margaret Gordon, Co-Director of WOEIP.
“WOEIP recruited 55 residential hosts, and Julien and I drove around for a few weeks, stopping at businesses to ask if we could install the sensors,” Preble recalled. Most of the people who hosted the monitors were interested in learning about the monitoring itself. “Especially those who lived near truck routes and industrial zones,” Preble noted.
Installing the sensors required the careful recruitment of potential hosts, but keeping them up and running mandated a dedicated team of undergraduate students who fanned out to the sites to change batteries and the filters that collected the black carbon nearly every day, logging more than 2,000 maintenance visits over the course of 100 days. To manage the process, the team used a website that Cados built to display the status of every sensor in real-time.
Research sparks new startup, aids community in clean air efforts
Now that the monitoring portion of the 100×100 study has wrapped up and the researchers are set to publish their results this summer, can they say it worked? Absolutely, the team asserts. Their research demonstrated that a network of low-cost sensors can provide powerful data that reveals where clean air efforts could be focused. Furthermore, the dataset is being used by other researchers to develop state-of-the-science models that can predict air pollution levels within communities. So, the research study in West Oakland may help them understand air pollution in other communities.
For their part, Caubel and Cados are working to reduce the resources required for such a project. Not only did the 100×100 study require near full-time labor from Preble, Caubel, Cados, and a team of eager undergraduates; it also produced 15 million data points that streamed in over the course of 100 days, which takes even more effort to qualify and analyze. Caubel and Cados have started a new company—Distributed Sensing Technologies—that’s taking the core technology the team developed and is streamlining the process, making it less expensive so others can conduct similar research elsewhere.
As the West Oakland community uses insights from EDF’s earlier mobile monitoring study to advocate for cleaner air under California’s landmark AB 617 law, the 100×100 results—due to be published early this summer—are already providing them with even more actionable data to support their efforts. Ms. Margaret, who has already met with the residents who hosted the monitors, notes that there’s still a great deal of work ahead for residents advocating for cleaner air. “It’s a good advocacy tool; it supports the community,” she said. “We know there are still high levels of pollution between the freeways and the port. It’s how we use it that’s the issue.”
http://blogs.edf.org/health/2019/05/21/what-dense-sensor-networks-can-teach-us-about-air-pollution/
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