Concerns About Formaldehyde & Brazilian Blowout Hair Product

Oct 18: The Food and Drug Administration (FDA) has updated its product information website regarding "Complaints Associated With the Use of Brazilian Blowout." FDA indicates that it has recently received a number of inquiries from consumers and salon professionals concerning the safety of "Brazilian Blowout" and similar "professional use only" hair care products. FDA says it will continue to monitor this problem and will report on any new developments.

 

    FDA indicates that it has been notified by some state and local organizations of reports from salons about problems associated with the use of Brazilian Blowout, a product used to straighten hair. Complaints include eye irritation, breathing problems, and headaches. State and local organizations with authority over the operation of salons are currently investigating these reports. FDA has recently received some adverse event reports on Brazilian Blowout from salon personnel or consumers. These reports included symptoms similar to those in the reports received by state and local organizations, as well as symptoms such as rashes and fainting.."

 

    FDA said it "is working with state and local organizations, as well as OSHA, to determine whether the products or ingredients would be likely to cause health problems under the intended conditions of use. The composition of the products and the labeling, including use instructions and any warning statements, will be factors in this determination. One safety issue we'll be evaluating is whether formaldehyde may be released into the air after the product is applied to the hair and heated."

 

    The American Chemistry Council's (ACC's) Senior Director, Ann Mason issued a statement saying, "As the manufacturers of formaldehyde, our members take their role as product stewards very seriously. We believe that the producers and users of formaldehyde and other chemicals should follow federal and state regulations, which set limits for the safe and appropriate use of chemicals. Media reports indicate that there are high levels of formaldehyde in the Brazilian Blowout. We encourage the company that makes the Brazilian Blowout to cooperate fully with government officials to ensure that the product meets federal and state standards for formaldehyde use. The Cosmetic Ingredient Review (CIR), a national scientific organization that is sanctioned by the FDA to review and assess the safety of ingredients used in cosmetics, classifies formaldehyde in beauty products as 'safe' as long as the substance is no greater than 0.2 percent as free formaldehyde, kept to a minimum, and is not aerosolized. CIR's standards should inform any effort to measure the safety of the Brazilian Blowout and related products."

 

    The Brazilian Blowout website indicates it is, "The ONLY Professional Smoothing Treatment that improves the health of the hair. No Damage! and No harsh chemicals! CONTAINS NO FORMALDEHYDE!!" However, NPR reports that the Oregon Health & Science University's Center for Research on Occupational and Environmental Toxicology tested samples of Brazilian Blowout from a Portland salon and found formaldehyde levels between 8.85 percent and 10.6 percent -- far higher than the 0.2 percent considered safe by the Cosmetic Ingredient Review Panel.

 

    Access the FDA website (click here). Access the ACC release and link to additional information (click here). Access a report and links on the NPR website (click here). Access the Brazilian Blowout website (click here).

U.S. Investigates China Re: Green Technologies Trade & Investment

Oct 15: U.S. Trade Representative Ron Kirk announced that the United States has initiated an investigation under Section 301 of the 1974 Trade Act with respect to acts, policies and practices of the Government of China affecting trade and investment in green technologies. The investigation has been initiated in response to a petition filed by the United Steelworkers (USW) on September 9, 2010.

    The 5,800-page USW submission alleges that China employs a wide range of World Trade Organization (WTO)-inconsistent policies that protect and unfairly support its domestic producers of wind and solar energy products, advanced batteries and energy-efficient vehicles, among other products, as China seeks to become the dominant global supplier of these products. According to the petition, these policies include export restraints, prohibited subsidies, discrimination against foreign companies and imported goods, technology transfer requirements, and domestic subsidies causing serious prejudice to U.S. interests. The petition further alleges that China's policies have caused the annual U.S. trade deficit in green-technology goods with China to increase substantially since China joined the WTO, making China the top contributor to the U.S. global trade deficit in the sector.

    Ambassador Kirk said, "The USW has raised issues covering a wide array of Chinese government policies affecting trade and investment in green technologies. This is a vitally important sector for the United States. Green technology will be an engine for the jobs of the future, and this Administration is committed to ensuring a level playing field for American workers, businesses and green technology entrepreneurs. We take the USW's claims very seriously, and we are vigorously investigating them. In light of the large number of allegations and the extensive documentation accompanying them, I have asked my staff to utilize the 90-day period allowed by statute to thoroughly examine and verify the USW's claims. For those allegations that are supported by sufficient evidence and that can effectively be addressed through WTO dispute settlement, we will vigorously pursue the enforcement of our rights through WTO litigation."

    The investigation will consider whether acts, policies, and practices of the Chinese government deny U.S. rights or benefits under the GATT 1994, under the Subsidies and Countervailing Measures Agreement (SCM Agreement), and under China's Protocol of Accession to the WTO. Because the issues covered in the China-Green Technology investigation involve U.S. rights under the WTO Agreement, any consultation request will be made under the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), and unless consultations result in a mutually acceptable resolution, the U.S. Trade Representative will request the establishment of a WTO panel under the DSU.

    USW released a statement from International President Leo Gerard indicating, "President Obama showed again today that fighting for U.S. workers and their jobs is his top priority.  He's backed up his commitment to a clean energy future by making it crystal clear that future is going to benefit all Americans. By accepting the petition the Steelworkers filed against China's predatory and protectionist policies, it sends the message that America is not going to stand by while our jobs get outsourced.  China and all of our trading partners need to understand that we want fair trade and that we're not going to allow unfair and illegal trade practices to deny our farmers, workers and businesses of the opportunity to compete on a level playing field. . ."

 

    The USW 301 petition addressed five specific areas:

• Restrictions on access to critical materials:  Many green technologies depend on critical rare earth elements and other minerals, and China produces 90 percent of the world's supply of these essential inputs.  China denies U.S. producers free access to these inputs (and gives its own producers privileged access to them) through a combination of export quotas, export taxes, and export licenses that violate WTO rules.
• Performance requirements for investors:  The Chinese government has the power to approve or disapprove of foreign investment agreements in its territory; in practice, joint venture agreements in the green technology sector routinely require U.S. investors to license key technologies to their Chinese counterparts.  Such requirements, if imposed as a condition of investment approval, violate China's WTO commitments. 
• Discrimination against foreign firms and goods:  China requires that the level of domestic content be considered in approving wind farm concessions, and reportedly required it's first approved solar power plant to use 80 percent Chinese goods.  These and other discriminatory requirements violate WTO rules.
• Prohibited export subsidies and prohibited domestic content subsidies:  China requires recipients of certain green technology subsidies to use Chinese over imported components or to export a minimum level of production, contrary to WTO rules.  In addition, China outspends the U.S. by 5 to 1 in export credits and insurance, and refuses to conform these subsidies for green technology exports to WTO rules.
• Trade distorting domestic subsidies:  China's massive subsidies for domestic producers of green technology have propelled its producers over U.S. firms, shut the U.S. out of China's wind market, seized market share from the U.S. in Europe's wind and solar markets, driven down world prices, and caused lost sales in the U.S. market.  The harm these subsidies are causing makes them actionable at the WTO.

    Access Trade Representative blog posting (click here). Access a release from USW on the petition filing and link to a 4-page executive summary (click here). Access a release from USW on the Administration's action (click here).

White House Interagency Climate Change Adaptation Report

Oct 14: The Climate Change Adaptation Task Force, co-chaired by the White House Council on Environmental Quality (CEQ), the Office of Science and Technology Policy (OSTP), and the National Oceanic and Atmospheric Administration (NOAA), released its interagency report -- the Progress Report of the Interagency Climate Change Adaptation Task Force -- outlining recommendations to President Obama for how Federal Agency policies and programs can better prepare the United States to respond to the impacts of climate change. The report recommends that the Federal Government implement actions to expand and strengthen the Nation's capacity to better understand, prepare for, and respond to climate change.  The recommended actions include:

• Make adaptation a standard part of Agency planning to ensure that resources are invested wisely and services and operations remain effective in a changing climate.
• Ensure scientific information about the impacts of climate change is easily accessible so public and private sector decision-makers can build adaptive capacity into their plans and activities.
• Align Federal efforts to respond to climate impacts that cut across jurisdictions and missions, such as those that threaten water resources, public health, oceans and coasts, and communities. 
• Develop a U.S. strategy to support international adaptation that leverages resources across the Federal Government to help developing countries reduce their vulnerability to climate change through programs that are consistent with the core principles and objectives of the President's new Global Development Policy.
• Build strong partnerships to support local, state, and tribal decision makers in improving management of places and infrastructure most likely to be affected by climate change. 

    The Task Force was guided by a "strategic vision of a resilient, healthy, and prosperous Nation in the face of a changing climate." To achieve the vision, the Task Force identified a set of guiding principles that public and private decision-makers should consider in designing and implementing adaptation strategies. The principles include, but are not limited to, the following:

• Adopt Integrated Approaches:  Adaptation should be incorporated into core policies, planning, practices, and programs whenever possible.
• Prioritize the Most Vulnerable:  Adaptation strategies should help people, places, and infrastructure that are most vulnerable to climate impacts and be designed and implemented with meaningful involvement from all parts of society.
• Use Best-Available Science:  Adaptation should be grounded in the best-available scientific understanding of climate change risks, impacts, and vulnerabilities. 
• Apply Risk-Management Methods and Tools:  Adaptation planning should incorporate risk-management methods and tools to help identify, assess, and prioritize options to reduce vulnerability to potential environmental, social, and economic implications of climate change.
• Apply Ecosystem-based Approaches:  Adaptation should, where appropriate, take into account strategies to increase ecosystem resilience and protect critical ecosystem services on which humans depend, to reduce vulnerability of human and natural systems to climate change.

    The Task Force will continue to meet over the next year as an interagency forum for discussing the Federal Government's adaptation approach and to support and monitor the implementation of recommended actions in the Progress Report. It will prepare another report in October 2011 that documents progress toward implementing its recommendations and provides additional recommendations for refining the Federal approach to adaptation, as appropriate. 

    House Committee on Science and Technology Chairman Bart Gordon (D-TN) issued a release from the Committee and said, "The idea of adaptation was once controversial but as the effects of climate change have become clearer, many realize the need to prepare for climate change now, while working to reduce our greenhouse gas emissions. Some worry that exploring options beyond mitigation such as adaptation or climate engineering would decrease our commitment to reducing greenhouse gas emissions. I believe we need a diverse set of tools in our toolbox to effectively and efficiently respond and adapt to our changing climate. We have to face the facts that emissions may not decrease fast enough to avoid the impacts. I'm glad we have multiple agencies engaged in finding solutions to adapt to the growing threat of climate change. At every level of government we must integrate good science into all adaptation decisions and policies."

    A number of environmental organizations including Earthjustice, Defenders of Wildlife, National Wildlife Federation, The Wilderness Society, Outdoor Alliance, American Rivers, National Parks Conservation Association and the Wildlife Conservation Society; issued a joint release on the report. Among the comments on the report, Rebecca Judd, legislative counsel at Earthjustice said, "Because climate change is already here, we urge the Obama Administration to swiftly take the next step and issue more specific direction to its land management agencies in order to help wildlife and natural places better adapt to a rapidly changing environment. When it comes to natural resources and climate change, an ounce of prevention is worth a pound of cure. The clock is ticking and we need immediate, on-the-ground conservation measures, such as the reduction of human stressors like logging and overgrazing, the establishment of climate refugia and wildlife corridors, and the protection of intact watersheds."

    Access a release from the CEQ (click here). Access a CEQ summary (click here). Access the 72-page report (click here). Access a release from the House Science Committee (click here). Access a release from the environmental organizations (click here). 

Expectations Lowered For Cancun Climate Change Meeting

Oct 13: On October 9, Christiana Figueres, the top United Nations climate change official said on the final day of the UN Framework Convention on Climate Change (UNFCCC) meeting in Tianjin, China [See WIMS 10/4/10], that countries had made progress over the course of the week in defining what could be achieved at the negotiations upcoming major meeting in Cancún, Mexico, scheduled for November 29 to December 10. She said, "This week has got us closer to a structured set of decisions that can be agreed in Cancún. Governments addressed what is doable in Cancún, and what may have to be left to later." The meetings drew around 2,500 participants from more than 176 countries

    She said that governments had discussed each element of a package of decisions that they will need to finalize when they meet in Cancún. These include a long-term shared vision, adapting to the inevitable effects of climate change, reducing greenhouse gas emissions, key operational elements of climate finance and capacity building, along with the future of the Kyoto Protocol. She reminded that under the Protocol, which has been ratified by 191 of the 194 parties to the Convention, 37 States, consisting of highly industrialized countries and countries undergoing the process of transition to a market economy, have legally binding emission limitation and reduction commitments.

    The ultimate objective of both treaties is to stabilize greenhouse gas concentrations in the atmosphere at a level that will prevent dangerous human interference with the climate system. Figueres noted that action on climate change that could be agreed in Cancún and beyond was about turning "small climate keys to unlock very big doors" into a new level of climate action among rich and poor, business and consumers, governments and citizens. She said, "If climate financing and technology transfer make it possible to give thousands of villages efficient solar cookers and lights, not only do a nation's entire carbon emissions drop, but children grow healthier, women work easier and families can talk, read and write into the evening. In the end, this is about real people being given the opportunity to take control of their future stability, security and sustainability."

    While Executive Secretary Figueres attempted to put a positive spin on the meeting many observers cited significant differences between the U.S. and China, the two largest greenhouse gas (GHG) emitters. International Institute for Sustainable Development  (IISD) reported in its summary, "Under the AWG-KP [Ad Hoc Working Group on Further Commitments for Annex I Parties under the Kyoto Protocol], there appeared to be limited progress on the issue of the base year and length of commitment period for the Kyoto Protocol second commitment period. . . The AWG-LCA [Ad Hoc Working Group on Long-term Cooperative Action under the Convention] made mixed progress, according to many. For technology and REDD+, where substantial progress had been previously reported, many lamented that some parties had begun throwing up roadblocks and backtracking on previous agreements. As one REDD+ negotiator put it, 'this issue was almost ready for adoption in Copenhagen, but it appears now that some are trying to undo what we've achieved to date.'"

    IISD indicates that, "In terms of what this all means for Cancun, expectations have moved from achieving a legally-binding instrument, which was what most had hoped would come out of Copenhagen. Although the form of the final outcome is still unclear, many hope Cancun will at least provide a signal that the AWG-LCA is still working towards a legally-binding outcome. . . For many, this translates into a simple set of decisions outlining the contours of what will be further elaborated in 2011 and, possibly, beyond."

 

    On October 13, United Nations officials called on industrialized countries to live up to their multi-billion dollar pledges to help the developing world adapt to climate change at a week-long meeting of several hundred African experts at the Seventh African Development Forum. Executive Secretary of the UN Economic Commission for Africa (ECA) Abdoulie Janneh told the Forum, "At Copenhagen, the centrality of financing to underpin effective adaptation and mitigation action was recognized. Industrialized countries then pledged fast track funding of up to $30 billion between 2010 and 2012 and agreed to reach the goal of mobilizing $100 billion a year by 2020 for developing countries to implement balanced climate change adaptation and mitigation actions. It is therefore imperative that decisive actions are made to deliver commitments promised at Copenhagen. Such actions will send a strong signal that the industrialized countries are committed to implementing balanced adaptation and mitigation programs by Africa and other developing countries and to cultivating a strong spirit of trust, compromise and enhanced collective action."

    Access a UN release on Figueres closing comments (click here). Access a webcast of the closing comments and press Q&A (click here). Access an on-demand webcast from the Tianjin Climate Change Conference (click here). Access the detailed documents of the AWG-KP including draft proposal to be discussed in Cancun (click here). Access the detailed documents of the AWG-LCA draft proposal to be discussed in Cancun  (click here). Access an 18-page summary of the meeting from IISD (click here). Access the UNFCCC website for links to the upcoming Cancun meeting information (click here). Access a release on the ECA Forum (click here).

EPA Grants E15 Ethanol Waiver For 2007 And Newer Vehicles

Oct 13: U.S. EPA waived a limitation on selling fuel that is more than 10 percent ethanol for model year 2007 and newer cars and light trucks. The waiver applies to fuel that contains up to 15 percent ethanol -- known as E15 -- and only to model year 2007 and newer cars and light trucks. EPA said this represents the first of a number of actions that are needed from Federal, state and industry towards commercialization of E15 gasoline blends. EPA Administrator Lisa Jackson made the decision after a review of the Department of Energy's (DOE's) extensive testing and other available data on E15's impact on engine durability and emissions. Jackson said, "Thorough testing has now shown that E15 does not harm emissions control equipment in newer cars and light trucks. Wherever sound science and the law support steps to allow more home-grown fuels in America's vehicles, this administration takes those steps."

    A decision on the use of E15 in model year 2001 to 2006 vehicles will be made after EPA receives the results of additional DOE testing, which is expected to be completed in November. However, EPA said no waiver is being granted this year for E15 use in model year 2000 and older cars and light trucks -- or in any motorcycles, heavy-duty vehicles, or non-road engines -- because currently there is not testing data to support such a waiver. Since 1979, up to 10 percent ethanol or E10 has been used for all conventional cars and light trucks, and non-road vehicles. Additionally, EPA said several steps are being taken to help consumers easily identify the correct fuel for their vehicles and equipment. First, EPA is proposing E15 pump labeling requirements, including a requirement that the fuel industry specify the ethanol content of gasoline sold to retailers. There would also be a quarterly survey of retail stations to help ensure their gas pumps are properly labeled.

 

    EPA said this "partial waiver" will allow fuel and fuel additive manufacturers to introduce into commerce gasoline that contains greater than 10 volume percent (vol%) ethanol and up to 15 vol% ethanol (E15) for use in certain motor vehicles once certain other conditions are fulfilled. EPA said, "It is important to remember that there are a number of additional steps that must be completed – some of which are not under EPA control – to allow the sale and distribution of E-15. These include but are not limited to submission of a complete E15 fuels registration application by industry, and changes to some states' laws to allow for the use of E15."

    The Energy Independence and Security Act of 2007 mandated an increase in the overall volume of renewable fuels into the marketplace reaching a 36 billion gallon total in 2022. Ethanol is considered a renewable fuel because it is produced from plant products or wastes and not from fossil fuels. Ethanol is blended with gasoline for use in most areas across the country.

    The E15 petition was submitted to EPA by Growth Energy and 54 ethanol manufacturers in March 2009. In April 2009, EPA sought public comment on the petition and received about 78,000 comments. The petition was submitted under a Clean Air Act provision that allows EPA to waive the act's prohibition against the sale of a significantly altered fuel if the petitioner shows that the new fuel will not cause or contribute to the failure of the engine parts that ensure compliance with the act's emissions limits.

 

    On July 29, a bipartisan group of House Energy & Commerce Committee Chairman Henry Waxman (D-CA), Subcommittee Chairman Ed Markey (D-MA), and Ranking Members Joe Barton (R-TX) and Fred Upton (R-MI) urged EPA to reject the use of E15 . The legislators action reinforced an effort by environmental and industry groups, calling on Congress to require thorough and objective scientific testing before allowing an increase in the amount of ethanol in gasoline [See WIMS 7/22/10].

    Also, on September 28, a diverse group of 23 environmental, consumer, food, auto and other industry organizations asked U.S. EPA to deny a request by ethanol manufacturers seeking authorization for the sale of gasoline containing 12 percent ethanol (E12). The groups include, among many others, the Natural Resources Defense Council (NRDC), National Consumers League, Association of International Automobile Manufacturers, Outdoor Power Equipment Institute, National Marine Manufacturers Association, and Grocery Manufacturers Association [See WIMS 9/29/10].

 

    The Outdoor Power Equipment Institute (OPEI) issued a release today (October 13) advising outdoor power equipment users to be aware of new fuel coming on the market with higher levels of ethanol that could harm equipment sitting in their garages, tool sheds and maintenance buildings. Over two hundred million pieces of outdoor power equipment could be at risk of product failure or voided warranty, including chainsaws, lawnmowers, utility vehicles, generators, snow throwers, trimmers, edgers, pruners, chippers, shredders and blowers. OPEI said, "Consumers need to be aware that until today, the maximum allowable limit of ethanol in gasoline was E10 or 10%. That means, all engine products in use today, with the exception of 'flex-fuel' automobiles, were designed, built and warranted to run on gasoline containing no more than 10% ethanol. Use of E15 or higher ethanol blended fuels in any engine product, with the exception of a 'flex-fuel' automobile, could cause performance issues, damage engines, and void the manufacturer's warranty."

 

    On October 6, the Say NO to Untested E15 campaign announced that more than 22,000 Americans had e-mailed President Obama urging him to stop EPA from approving the 50 percent increase in the amount of ethanol in gasoline "until comprehensive, independent and objective scientific testing can show that higher ethanol levels will not increase air pollution, harm engines or raise consumer safety issues." The group said, "EPA, which has been pressured by some in the ethanol industry to increase the amount of ethanol in gasoline from the current 10 percent (E10) to 15 percent (E15). . ." They said, ". . .ethanol burns hotter than pure gasoline, corrodes soft metals, and damages plastics and rubber. As a result, more ethanol in gasoline could have serious effects on engine performance and raises potential safety concerns."

 

    The American Petroleum Institute (API) Director of Downstream Operations, Bob Greco, issued a statement saying, "It is disappointing that the EPA did not wait until the testing process was complete to determine if higher levels of ethanol are safe. From data already gathered, use of higher ethanol in gasoline has revealed several areas of concern. EPA needs to make sure that a new fuel is safe for consumers. Rushing through this new fuel standard without complete research may be good politics but is bad public policy. The large majority of today's vehicle warranties only cover gasoline with up to 10 percent ethanol.  More ethanol in gasoline could result in the voiding of customer warranties. The EPA also seems to believe that a label on the pump will keep consumers safe from misfueling, but the impacts of misfueling are unknown until the necessary research is completed. . ."

 

    The Renewable Fuels Association (RFA) issued a release saying that "EPA is missing an opportunity to reduce America's dependence on foreign oil and create new economic opportunity by limiting its decision on E15 (15% ethanol/85% gasoline) to only model year (MY) 2007 and newer vehicles." RFA President and CEO Bob Dinneen said, "EPA's scientifically unjustified bifurcation of the U.S. car market will do little to move the needle and expand ethanol use today. Limiting E15 use to 2007 and newer vehicles only creates confusion for retailers and consumers alike. America's ethanol producers are hitting an artificial blend wall today. The goals of Congress to reduce our addiction to oil captured in the Renewable Fuels Standard cannot be met with this decision."

 

    Dinneen also pointed out what he called the "apparent legal and scientific disconnect" inherent in EPA's outright denial for MY2000 and older vehicles. He said, "EPA is providing no scientific justification for its decision to bifurcate the market. It's almost as though they pulled the number out of a hat. As test after test has demonstrated, E15 is safe and effective in all light duty vehicles. . . on January 1, 2011, vehicles MY2000 and older will all be out of warranty coverage and beyond their useful lives, thus putting them beyond the regulation of EPA. EPA's overreach to deny E15 for use in vehicles over which they no longer have jurisdiction is beyond puzzling."

 

    On September 15, RFA released a new "comprehensive engineering analysis" prepared for the association (RFA) and performed by Ricardo, Inc, an internationally recognized engineering firm indicating that, "moving from 10 percent ethanol in gasoline to 15 percent will mean little, if any, change on the performance of older cars and light trucks, those manufactured between 1994 and 2000." [See WIMS 9/16/10].

 

    Access a release from EPA (click here). Access extensive information on the E15 waiver from EPA (click here). Access a release from OPEI with links to more information (click here). Access more information on the campaign -- called "Say NO to Untested E15" -- (click here). Access the statement from API (click here). Access a lengthy release from RFA (click here). Access a release from RFA and link to its complete September 15 report (click here).

Reader and Subscriber Notice: Publication Disruption

Readers and subscribers,

 

We were notified this morning of a death in the family. It will be necessary to travel out of state for arrangements and the funeral.

 

As a result we will be unable to publish today or Tuesday, October 12.

Monday, October 11, is a Federal holiday and we were not scheduled to publish that day.

 

We expect to resume publication on Wednesday, October 13, 2010.

 

Thank you very much for you patience and understanding.

 

Sincerely,

Jeff

Jeff Dauphin

President

.....................................................................................................
Waste Information & Management Services, Inc. (WIMS), Since 1980
Newsletter Publishers: Michigan Waste Report; REGTrak; WIMS Daily; & eNewsUSA
Blog Publishers: eNewsUSA; Environmental - Appeals Court; Great Lakes Environment; & Environmental Federal Register
No. 1 Environmental Business Portal: EcoBizPort.com

Oil Spill Commission Releases Draft Papers Critical Of Response

Oct 6: The National Oil Spill Commission released four new draft working papers prepared by its staff. The bipartisan Commission was established by President Obama by an executive order on May 21, and is led by co-chairs including former two-term Florida Governor and former Senator Bob Graham and former Administrator of U.S. EPA William Reilly [See WIMS 5/24/10]. The Commission staff prepares draft working papers to inform the Commissioners' on-going examination of the root causes of the Gulf spill and options to guard against and mitigate the impacts of future spills. The Commissioners' decisions regarding these matters will be contained in the Commission's final report, expected to be issued on January 11, 2011.
 
    The topics of the staff draft working papers are: Decision-Making within the Unified Command (WP#2, 25-pages); The Amount and Fate of the Oil (WP#3, 29-pages); The Use of Surface and Subsea Dispersants during the BP Deepwater Horizon Oil Spill (WP#4, 21-pages); and The Challenges of Oil Spill Response in the Arctic (WP#5, 22-pages). A previous working paper, A Brief History of Offshore Oil Drilling (WP#1, 18-pages), was issued on August 23.

 

    Working paper No. 3, on the Amount and Fate of the Oil indicates that , "The federal government's estimates of the amount of oil flowing into and later remaining in the Gulf of Mexico in the aftermath of the Macondo well explosion were the source of significant controversy, which undermined public confidence in the federal government's response to the spill. By initially underestimating the amount of oil flow and then, at the end of the summer, appearing to underestimate the amount of oil remaining in the Gulf, the federal government created the impression that it was either not fully competent to handle the spill or not fully candid with the American people about the scope of the problem.

 

    "Federal government responders may be correct in stating that low flow-rate estimates did not negatively affect their operations. Even if responders are correct, however, loss of the public's trust during a disaster is not an incidental public relations problem. The absence of trust fuels public fears, and those fears in turn can cause major harm, whether because the public loses confidence in the federal government's assurances that beaches or seafood are safe, or because the government's lack of credibility makes it harder to build relationships with state and local officials, as well as community leaders, that are necessary for effective response actions." The working paper tells the story of the government's struggle to accurately estimate the rate of oil flow from the Macondo well. It next discusses the debate surrounding the governments report on the fate of the oil [See WIMS 8/17/10].

 

    Working Paper No. 4, on the use of dispersants indicates that, "The use of dispersants in the aftermath of the Macondo deepwater well explosion was controversial for three reasons. First, the total amount of dispersants used was unprecedented: 1.84 million gallons. Second, 771,000 of those gallons were applied at the wellhead, located 5,067 feet below the surface. Little or no prior testing had been done on the effectiveness and potential adverse environmental consequences of subsea dispersant use, let alone at those volumes. Third, the existing federal regulatory system pre-authorized dispersant use in the Gulf of Mexico without any limits or guidelines as to amounts or duration. Faced with an emergency, the government had to make decisions about high-volume and subsea dispersant use within time frames that denied officials the opportunity to gather necessary information. The resulting uncertainty even fueled unfounded suspicions that BP was using dispersants without authorization from the government in an effort to mask the oil and to limit its ultimate liability."

 

    The dispersant paper considers two issues. The first is how well the government handled the dispersant issues it faced in the absence of necessary scientific information and pursuant to a regulatory regime that had failed to anticipate this kind of problem. The second is how, in light of lessons learned from this recent experience, government procedures and existing laws might be improved to allow for sounder decisions regarding the use of dispersants in the future.

 

    In defense of its actions, OMB Acting Director Jeffrey Zients and NOAA Administrator Jane Lubchenco issued a joint statement responding to some points raised in the working papers. The agency heads said, "NOAA produced a report at the request of the Unified Command to project the most likely movement of oil. As part of its function to coordinate and review all interagency materials developed in response to the BP oil spill, OMB led a review of a preliminary report and provided comments to ensure the analysis reflected the best known information at the time and accurately reflected the limitation of the model and available information, including response actions. For example, the initial analysis did not include the fact that there was use of boom, skimming, burning, and/or other methods to contain and remove the oil and therefore ran the risk of not accurately reflecting response actions taken. NOAA incorporated the feedback, and the eventual report reflected this improved analysis which is available online (see link below). . . The facts bear out that the federal response significantly mitigated the impact of the spill.

    "As for the predictions about the spill flow rate, senior government officials were clear with the public what the worst-case flow rate could be: in early May, Secretary Salazar and Admiral Thad Allen told the American people that the worst case scenario could be more than 100,000 barrels a day. In addition, BP reported in 2009 that a blowout of the Deepwater Horizon (MC 252) could yield 162,000 barrels of oil a day. . . (see link below).

    "Since the Deepwater Horizon explosion the night of April 20, federal authorities, both military and civilian, have been working on-site and around the clock to respond to and mitigate the impact of the resulting BP Oil Spill in the Gulf of Mexico. The federal government response was full force and immediate, and the response focused on state and local plans and evolved when needed.  As directed by the President, the response was based on science, even when that pitted us against BP or state and local officials, and the response pushed BP every step of the way. Finally, and most importantly, the response provided results for the people of the Gulf Coast."

    Access the Oil Spill Commission website for additional information (click here). Access links to each of the working papers (click here). Access the joint agency response statement (click here). Access the NOAA report on mitigated impacts (click here). Access the agencies information on the spill rate (click here). Access links to various media reports on the Commission's investigation (click here).

ISRI Clarifies R2 Solutions Was Not Created By ISRI

Oct 6: The Institute of Scrap Recycling Industries (ISRI) has issued a release saying, "There has been some confusion over what has been reported regarding the new non-profit organization R2 Solutions. This release addresses that the creation of R2 Solutions was not by ISRI. Rather, R2 Solutions is an independent, non-profit organization created by John Lingelbach and managed by a diverse Board of Directors headquartered in Colorado." [See WIMS 9/28/10]. As WIMS has previously reported there are two major competing electronic waste recycling programs, operated by ISRI and the Basal Action Network (BAN), which are causing considerable confusion for the public and private sectors to participate in responsible electronics recycling. Apparently, the new R2 Solutions organization is adding to the confusion.

    Part of the confusion is in the terminology "Responsible Recycling" or R2 and its relationship to U.S. EPA. According to a release from ISRI, The R2 Solutions organization was formed by John Lingelbach, a nationally recognized environmental mediator who "facilitated the original EPA-sponsored two-and-a-half year, multi-stakeholder process that resulted in the development of the R2 practices in 2008." He will also serve as R2 Solution's Acting Executive Director. The voluntary R2 practices include general principles and specific practices for recyclers disassembling or reclaiming used electronics equipment including those electronics that are exported for refurbishment and recycling.

    The BAN Certified e-Stewards® Initiative program prohibits "exporting of hazardous e-waste from developed to developing countries" and the ISRI Responsible Recycling (R2) Certified Electronics Recycler® Program (RIOS) "prohibits e-recyclers and their downstream vendors from exporting these more toxic materials to countries that have enacted laws making their import illegal." As explained by ISRI in its release, "the goals established for R2 Solutions are fourfold: to assure the open, transparent and balanced governance of the R2 practices, with standards development and stakeholder consultations all made available publicly;  to educate the public about responsible electronics recycling;  to promote the use of the R2 practices; and, to explore opportunities for collaboration in furtherance of responsible electronics recycling throughout the world."

    U.S. EPA has posted on its Responsible Recycling Practices website that, "EPA supports and will continue to push for further safe and protective recycling efforts and encourage improvements in best management practices for recyclers. There are existing recycling certification programs, such as R2 and eStewards that EPA believes advance environmentally safe practices and includes standards for use in third party certification of such efforts." Although U.S. EPA has said the issue of proper management of e-waste is a major international priority; and the Agency has recognized both the BAN and ISRI e-waste programs; it has not provided any independent clarity on the accuracy or extent of their responsible recycling claims.

    On September 30, Representative Gene Green (D-TX), with cosponsors Representatives Mike Thompson (D-CA) and John Carter (R-TX), introduced H.R. 6252, The Responsible Electronics Recycling Act to provide the United States with the regulatory framework to monitor the export of used electronics. Although e-waste (consumer electronics such as TVs, cell phones and computers) is the fastest growing waste stream in the country, the U.S. EPA currently has no framework to monitor the removal, disposal, and export to developing nations. Over 3 million tons of e-waste was generated by the United States in 2007. Representative Green said, "As technology advances at a rapid pace, explosive sales patterns emerge in consumer consumption and old electronics are discarded as a result. Many of these electronics are sent to developing nations for reuse or recycling." The legislation has received support from Dell, Apple, Samsung, The Electronics TakeBack Coalition, and The Natural Resources Defense Council (NRDC) [See WIMS 10/1/10].

 

    Access the ISRI release on R2 Solutions (click here). Access the R2 Solutions website (click here). Access the ISRI Certified Electronics Recycler® Program (click here). Access the BAN Certified e-Stewards® Initiative (click here). Access the BAN e-Stewards standard (click here). Access the ISRI R2 Practices (click here). Access EPA's Responsible Recycling Practices website (click here). Access EPA's eCycling website for more information (click here). Access a release from Representative Green (click here). Access legislative details for H.R.6252 (click here). Access WIMS/eNewsUSA blog postings on electronic waste (click here).

EPA's Clean Water & Drinking Water Infrastructure Sustainability Policy

Oct 4: U.S. EPA is issuing a Clean Water and Drinking Water Infrastructure Sustainability Policy with the goal of increasing the sustainability of water and wastewater infrastructure in the United States. EPA said communities across the country are facing challenges in making costly upgrades and repairs to their aging water infrastructure, which include sewer systems and treatment facilities. Making infrastructure last longer while increasing its cost-effectiveness is essential to protecting human health and the environment, and maintaining safe drinking water and clean water bodies.  

    EPA Deputy Administrator Bob Perciasepe said, "Through cost-effective, resource-efficient techniques -- like green water infrastructure alternatives -- this policy aims to make our communities more environmentally and economically sustainable. These smart investments in our water infrastructure, along with increased awareness of the importance of these investments, can keep our water cleaner and save Americans money."

    The policy emphasizes the need to build on existing efforts to promote sustainable water infrastructure. The policy also focuses on working with states and water systems to employ comprehensive planning processes that result in projects that are cost effective over their life cycle, resource efficient, and consistent with community sustainability goals. The policy encourages effective utility management practices to build and maintain the level of technical, financial, and managerial capacity necessary to ensure long-term sustainability. 

    According to a release, the policy represents a collaborative effort between EPA and its federal, state, and local partners. Working with these partners, EPA will develop guidance, provide technical assistance, and target Federal, state and other relevant Federal financial assistance in support of increasing the sustainability of America's water infrastructure.

 

    Access a release from EPA (click here). Access an overview and link to the policy (click here).

UNFCCC Working Groups Meet In China In Advance Of Cancun

Oct 4: The Executive Secretary of the United Nations Framework Convention on Climate Change (UNFCCC) Christiana Figueres called on governments meeting in Tianjin, China, from October 4-9, to accelerate their search for common ground to achieve strong action on climate change. With less than two months to go before the UN Climate Change Conference in Cancun, Mexico, Figueres said that a concrete outcome in December was urgently needed to restore faith in the ability of Parties to take the negotiations forward. The UNFCCC meeting in Tianjin is being attended by around three thousand participants from more than 176 countries, including government delegates, representatives from business and industry, environmental organizations and research institutions. The UNFCCC meeting in Cancun, Mexico, will take place from November 29 to December 10.

 

    She said, "Governments have restored their own trust in the process, but they must ensure that the rest of the world believes in a future of ever increasing government commitment to combat climate change. Governments need to agree on what is doable in Cancun, and how it will be achievable in a politically balanced manner." She indicated that there is a growing convergence in the negotiations that Cancun could deliver a balanced package of decisions that define the pillars of action to address climate change.

    A release from the United Nations Environment Programme (UNEP) indicates that an agreement could include a new global framework to help countries adapt to the already inevitable changes to the climate system; the launch of a new mechanism to drive faster deployment of technology to developing nations; a decision to establish a new fund to oversee the long-term money raised for the specific climate needs of developing nations; and a decision on early and large-scale action to protect forests and the livelihoods of those who live in them. Figueres said, "The agreements that can be reached in Cancun may not be exhaustive in their details, but as a balanced package they must be comprehensive in their scope and they can deliver strong results in the short term as well as set the stage for long term commitments to address climate change in an effective and fair manner."

    Figueres acknowledged there are areas of political disagreements, mainly over how and when to agree on a fair share of responsibilities of present and future action on climate change, but she said they were not insurmountable. She said, Governments seem ready to discuss difficult issues. Now they must bridge differences in order to reach a tangible outcome in Cancun. For example, she indicated that governments can formalize the many pledges and promises they have made to cut and limit emissions, along with providing clarity on the continuation of the Kyoto Protocol.

    During the next six days of the Tianjin climate meeting, government delegates will discuss negotiating text under the Ad Hoc Working Group on Long-term Cooperative Action under the Convention (AWG-LCA). This negotiating group, comprising all 194 Parties to the UNFCCC, is tasked to deliver a long-term global approach to the climate challenge. The Ad Hoc Working Group on Further Commitments for Annex I Parties under the Kyoto Protocol (AWG-KP) is meeting in parallel to discuss the emissions reduction commitments for the 37 industrialized countries that have ratified the Kyoto Protocol for the period beyond 2012.

    Figueres highlighted this year's floods in Pakistan, fires in Russia and mudslides in China as "a wake up call to the dangers of extreme climate." She said "The bottom line is that it is in no one's interest to delay action. Quite on the contrary, it is in everyone's ultimate interest to accelerate action in order to minimize negative impacts on all."

    Access a release from UNEP (click here). Access the full text of the Figueres statement (click here). Access the UNFCCC website for links to the Work Groups' meeting details, for press conference on-demand webcasts, and further information on the upcoming Cancun meeting (click here). Access daily coverage from the International Institute for Sustainable Development (IISD) (click here).

EPA & DOT Pursue Tougher GHG & Fuel Economy Standards

Oct 1:The U.S. Department of Transportation's (DOT) National Highway Traffic Safety Administration (NHTSA) and the U.S. EPA, announced they will begin the process of developing tougher greenhouse gas (GHG) and fuel economy standards for passenger cars and trucks built in model years 2017 through 2025. The agencies said this will build on the success of the first phase of the national program covering cars from model years 2012-2016.

    The program is a key part of the Administration's energy and climate security goals, which call for the increased domestic production and use of existing, advanced, and emerging technologies to strengthen the auto industry and enhance job creation in the United States. The agencies said that continuing the national program will help make it possible for manufacturers to build a single national fleet of cars and light trucks that satisfies all Federal and California standards, while ensuring that consumers have a full range of vehicle choices. 

    EPA Administrator Lisa Jackson said, "Continuing the successful clean cars program will accelerate the environmental benefits, health protections and clean technology advances over the long-term. In addition to protecting our air and cutting fuel consumption, a clear path forward will give American automakers the certainty they need to make the right investments and promote innovations. We will continue to work with automakers, environmentalists and other stakeholders to encourage standards that reduce our addiction to foreign oil, save money for American drivers, and clean up the air we breathe."

    U.S. Transportation Secretary Ray LaHood said, "We must, and we will, keep the momentum going to make sure that all motor vehicles sold in America are realizing the best fuel economy and greenhouse gas reductions possible. Continuing the national program would help create a more secure energy future by reducing the nation's dependence on oil, which has been a national objective since the first oil price shocks in the 1970s."

    In a May 21, 2010 memorandum, President Obama directed EPA and DOT issue a Notice of Intent (NOI) that would lay out a coordinated plan, to propose regulations to extend the national program and to coordinate with the California Air Resources Board (CARB) in developing a technical assessment to inform the NOI and subsequent rulemaking process. Consistent with the Presidential memorandum, the NOI includes an initial assessment for a potential national program for the 2025 model year and outlines next steps for additional work the agencies will undertake. Next steps include issuing a supplemental NOI that would include an updated analysis of possible future standards by November 30, 2010. As part of that process, the agencies will conduct additional study and meet with stakeholders to better determine what level of standards might be appropriate. The agencies aim to propose actual standards within a year.

    The national program is intended to save consumers money by cutting down on fuel costs, improve our nation's energy security by reducing dependence on petroleum, and protect the environment by reducing greenhouse gas pollution that leads to climate change. Cars, SUVs, minivans, and pickup trucks are responsible for 57 percent of U.S. transportation petroleum use and almost 60 percent of all transportation-related greenhouse gas emissions.

    The results of the interim technical assessment are summarized in the NOI and presented in a separate document, which NHTSA, EPA and CARB are also jointly releasing today (October 1, 2010). To achieve further annual greenhouse gas reductions, the automotive industry could choose from a variety of advanced technologies. The assessment also considers the costs and effectiveness of applicable technologies, compliance flexibilities available to manufacturers, potential impacts on auto industry jobs, and the infrastructure needed to support advanced technology vehicles. This assessment was developed through extensive dialogue with automobile manufacturers and suppliers, non-governmental organizations, state and local governments, and labor unions.

 

    The Alliance of Automobile Manufacturers (Alliance) released a statement saying, "The Alliance remains convinced that a single national program to improve fuel economy and reduce greenhouse gas emissions is the best approach for the environment, our customers, and our economy. As the agencies acknowledge, the assumptions in the Notice of Intent -- and the potential ranges of improvements that they imply -- are based on very preliminary and incomplete data at this point, and inevitably will change as more information is brought to the process. In the coming weeks, we will carefully review the technical assessment's assumptions regarding factors that will impact vehicle fuel economy increases over this time period. These include vehicle technologies and technology costs, the cost of gasoline, development of low-carbon fuels, and development of infrastructure to charge plug-in hybrids and battery electrics.

    EPA and DOT should now engage a broad range of independent experts to undertake a thorough analysis and balance the technological opportunities to improve vehicle and fleet fuel economy with the economic challenges they present -- for automakers and American consumers. The Alliance is committed to working collaboratively with EPA, NHTSA and California to achieve these goals in a way that allows consumers to choose and afford vehicles that fit their needs.

    The Alliance is a trade association of twelve car and light truck manufacturers including BMW Group, Chrysler LLC, Ford Motor Company, General Motors, Jaguar Land Rover, Mazda, Mercedes-Benz, Mitsubishi Motors, Porsche, Toyota, Volkswagen and Volvo.

    The Association of International Automobile Manufacturers (AIAM), representing 15 international motor vehicle manufacturers who account for over 40 percent of all passenger cars and light trucks sold annually in the U.S. issued a statement saying, "As leaders in the development of fuel-efficient technologies, AIAM member companies are pioneering technologies to advance the goal of increasing fuel economy and reducing greenhouse gas emissions. We are committed to continue working with the administration and other stakeholders in establishing future performance-based targets through the regulatory process and to address the challenging issues this rulemaking presents.

    "The Technology Assessment Report modeled a range of possible future standards. It is important to understand the implications of these options in striking a balanced approach to meeting our national environmental objectives, recognizing the cost impact to consumers, providing manufacturers the needed lead-time to design and build advanced technology vehicles, and assuring customers have vehicles that fully meet their needs."

    Access a release from EPA & DOT (click here). Access more information on the NOI, the technical assessment, and submitting comments (click here); and (click here). Access the statement from the Alliance (click here). Access the statement from AIAM (click here).

DOI Issues New Rules To Address OCS Drilling & Oil Spill Issues

Sep 30: The Department of the Interior (DOI) announced two new rules which they said will help improve drilling safety by strengthening requirements for safety equipment, well control systems, and blowout prevention practices on offshore oil and gas operations, and improve workplace safety by reducing the risk of human error. DOI Secretary Ken Salazar, who announced the rules in a speech at the Woodrow Wilson International Center said, "These new rules and the aggressive reform agenda we have undertaken are raising the bar for the oil and gas industry's safety and environmental practices on the Outer Continental Shelf [OCS]. Under these new rules, operators will need to comply with tougher requirements for everything from well design and cementing practices to blowout preventers and employee training. They will also need to develop comprehensive plans to manage risks and hazards at every step of the drilling process, so as to reduce the risk of human error."

 

    The Drilling Safety Rule and the Workplace Safety Rule join a host of reforms that DOI has undertaken in the five months since the Deepwater Horizon oil spill that touch every stage of the offshore planning, review, permitting, drilling, and development processes. In his speech, Salazar said, "The Deepwater Horizon oil spill shook us as a people. Eleven men died. The public watched as oil spilled into the Gulf of Mexico for 86 days. And armies of citizens, volunteers, and public servants battled to keep oil off our shores, to save birds and turtles, and to seal off a well below 5,000 feet of ocean. It took the best engineers, our top scientists, and the relentless response of the United States government to beat back the oil and kill the Macondo well."

    Michael R. Bromwich, director of the new Bureau of Ocean Energy Management, Regulation and Enforcement (BOEM) said, "These two rules are part of a broader series of reforms we are undertaking to reduce the risks of offshore energy operations. We are substantially raising the standards for all offshore operators, and are doing it in an orderly and responsible way. We will continue to move forward with other changes and reforms in what will remain a dynamic regulatory environment. We owe the public nothing less."

    The Drilling Safety Rule, effective immediately upon publication, makes mandatory several requirements for the drilling process that were laid out in Secretary Salazar's May 27th Safety Report to President Obama. The regulation prescribes proper cementing and casing practices and the appropriate use of drilling fluids in order to maintain well bore integrity, the first line of defense against a blowout. The regulation also strengthens oversight of mechanisms designed to shut off the flow of oil and gas, primarily the Blowout Preventer (BOP) and its components, including Remotely Operated Vehicles (ROVs), shear rams and pipe rams. Operators must also secure independent and expert reviews of their well design, construction and flow intervention mechanisms.

    The Drilling Safety Rule is being issued under an emergency rule-making process. Director Bromwich said that BOEM will soon move forward with a standard rulemaking process that includes greater opportunity for public comment and that considers implementing additional recommendations of the Secretary's May 27th Safety Report, such as the requirement that BOP's have two sets of blind shear rams.

    The second regulation, known as the Workplace Safety Rule, requires offshore operators to have clear programs in place to identify potential hazards when they drill, clear protocol for addressing those hazards, and strong procedures and risk-reduction strategies for all phases of activity, from well design and construction to operation, maintenance, and decommissioning. The rule also requires operators to have a Safety and Environmental Management System (SEMS), which is a comprehensive safety and environmental impact program designed to reduce human and organizational errors as the root cause of work-related accidents and offshore oil spills. The Workplace Safety Rule makes mandatory American Petroleum Institute (API) Recommended Practice 75, which was previously a voluntary program to identify, address and manage safety hazards and environmental impacts in their operations. BOEM indicated that it will undertake additional workplace safety reforms, such as requirements for independent third-party verification of operators' SEMS programs, through an additional rulemaking process that BOEM will be launching soon.

    In his speech, Salazar also outlined the Administration's plans to move beyond oil. He said, "the Deepwater Horizon oil spill also lays bare a more fundamental challenge that we must confront as a nation. Our energy policy has failed us, time and time again, for decades. Our economy relies too much on foreign oil. We are falling behind China and India in the race for clean energy technologies and clean energy jobs. And our oceans, our coasts, and our climate are at risk. So where do we go in the post-Deepwater Horizon world? President Obama has charted a path to a safe, secure, and clean energy future. He understands that the jobs of tomorrow are in clean energy. Those jobs are in places like Holland, Michigan, where the Recovery Act's $2.4 billion investment in advanced battery technology has helped get a new battery manufacturing plant under way. 300 people are helping build the plant, and another 300 will find jobs when it opens. . ."

 

    And then he discussed the new regulations being implemented. He said, "The Deepwater Horizon oil spill laid bare fundamental shortcomings in the oil and gas industry's safety practices on the Outer Continental Shelf. For thirty years, under the oversight of both Democratic and Republican administrations and congresses, industry ventured into deeper and deeper waters without adequate oversight. Drilling technologies accelerated, but safety technologies and the government's regulatory framework were left behind. That gap is unacceptable. That is why we have launched the most aggressive and comprehensive reforms to offshore oil and gas regulation and oversight in U.S. history. We are raising the bar for safety, oversight, and environmental protection at every stage of the drilling process. . ."

 

    The API upstream director Erik Milito commented on DOI's interim final offshore rule and said the Agency should ensure that the rule establishes an effective process to improve safety performance while providing the framework needed for companies to get approval from the government for exploration and development projects. He said API would review the rule and provide analysis during the comment period.  He also called for ending the deepwater moratorium.

     Milito said, "The rule must serve the interests of improved safety and energy development. There has to be a clear, practical, and certain process for project review that will protect the environment.  We cannot have an approval process that creates unpredictable delays that could place at risk the flow of domestic energy in our country. Operators want regulations that provide certainty. Unpredictable, extended delays in permit review and approval discourage investment in new projects, which hampers job creation, reduces revenue to the government, and restricts energy production.

    "Getting a good offshore safety rule in place is critical to the nation's energy future.  The Gulf and other parts of the nation's offshore areas are vitally important to helping meet the nation's future energy needs.  The rule will affect every offshore energy project for years to come. It has to be right.

"We also still have the issue of the Gulf deepwater moratorium. Every day the moratorium remains exacts an economic penalty on the people of the Gulf and on our nation. The costs are already too high. We continue to urge the government to end it as soon as possible."

    Access a release from DOI including fact sheets on the new rules and BOEM recent reforms (click here). Access the full text of Salazar's speech (click here). Access a release from API (click here).

DOE Finalizes $1 Billion Commitment To FutureGen 2.0

Sep 28:  U.S. Department of Energy (DOE) Secretary Steven Chu announced that the Department of Energy has signed final cooperative agreements with the FutureGen Industrial Alliance and Ameren Energy Resources that formally commit $1 billion in Recovery Act funding to build FutureGen 2.0. DOE said the FutureGen 2.0 project will help to position the United States as a leader in innovative technologies for reducing carbon emissions from existing coal-fired power plants. As part of the new initiative, DPE will partner with the FutureGen Industrial Alliance to select an Illinois host community for the carbon storage site as well as a geologic sequestration research complex and a craft labor training center. The site could eventually become a regional CO2 storage site in downstate Illinois. The project partners estimate that FutureGen 2.0 will bring 900 jobs to Illinois and another 1,000 to suppliers across the State.

    Secretary Chu said, "Today's milestone will help ensure the U.S. remains competitive in a carbon constrained economy, creating jobs while reducing greenhouse gas pollution. Developing innovative, cost effective carbon capture and storage technologies is critical to the country's transition to a clean energy future." Illinois Governor Pat Quinn said, "This $1 billion federal commitment is a critical step to bringing FutureGen to Illinois. We look forward to demonstrating to the world that we can use one of our greatest natural assets in a way that protects our environment and puts more people to work."

    U.S. Senator Dick Durbin said, "If there was any remaining question as to whether FutureGen is really coming to Illinois, today we have the answer. Soon, we will announce a process to evaluate the more than two dozen Illinois communities that have expressed interest in hosting the sequestration, research and training facilities for FutureGen 2.0. I thank President Obama and Secretary Chu for their leadership on this project and for putting Illinois at the forefront of cutting-edge technology that will improve the environment and create good-paying jobs."

    In August, DOE announced its intention to fund FutureGen 2.0 as part of an integrated strategy to repower America's coal industry [See WIMS 8/20/10]. Ameren Energy Resources, Babcock & Wilcox, and Air Liquide Process & Construction, Inc. are leading the project to repower Ameren's 200 megawatt Unit 4 in Meredosia, Illinois with advanced oxy-combustion technology. The plant's new boiler, air separation unit, CO2 purification and compression unit will deliver 90 percent CO2 capture and eliminate most SOx, NOx, mercury, and particulate emissions. The Ameren Energy Resources team estimates that the retrofitting of the plant is expected to create approximately 500 construction jobs and allow Ameren to add approximately 50 workers to the plant staff, once the repowered unit is operational. The FutureGen Industrial Alliance and the Ameren, B&W, and Air Liquide team are developing a technical cooperation agreement to ensure coordination among each element in FutureGen 2.0 and to provide the foundation for rapid commercial deployment for this exciting new technology once this first-of-a-kind facility is operational.

    Ken Humphreys, FutureGen Alliance Chief Executive Officer said, "FutureGen 2.0 will develop oxy-combustion technology that can repower the world's fleet of coal-fueled power plants in a manner that largely eliminates their CO2 emissions and spurs job creation. It will create the world's first permanent CO2 storage hub and substantially advance the science of CCS. Through FutureGen 2.0, the FutureGen Alliance will continue with its mission of advancing clean-coal technology integrated with CCS. We look forward to working with the DOE, the State of Illinois, and the project partners to make FutureGen 2.0 a success."

    The FutureGen Industrial Alliance, working with the State of Illinois, will develop a permanent CO2 sequestration facility, research and visitors facilities, and a labor training center at the site. The Alliance will also build a CO2 pipeline network from Meredosia to the sequestration site. The pipeline and storage site will transport and store more than 1 million tons of captured CO2 per year. The project partners estimate the new pipeline network is expected to create additional construction and permanent jobs. The pipeline network, along with the storage site to be selected in early 2011, will help to lay the foundation for a regional CO2 network. The Illinois storage site will be used to conduct research on site characterization, injection and storage, and CO2 monitoring and measurement.

    DOE said it is working with the FutureGen Industrial Alliance, with details to be announced in the coming weeks, to develop a competitive process to select the host for the CO2 storage site, the visitors complex and training center, and vendor(s) to build the pipeline and the injection and monitoring wells. In August DOE said it was encouraging communities that are interested in being considered as a storage site to continue contacting the Agency. The eventual site will need strong geological characteristics, access to acreage pipeline right of ways and subsurface rights on ten square miles of contiguous acreage for sequestration, clear community support, and should be within approximately a 100 mile radius of Meredosia.

    Access a release from DOE (click here). Access a release from the FutureGen Alliance (click here). Access the FutureGen Alliance website (click here). Access the CEQ Interagency Task Force on Carbon Capture and Storage for additional information (click here).

Confusion Continues In Two Competing Electronics Recycling Programs

Sep 28: Within the last 10-days, the two major competing electronic waste recycling programs, operated by Institute of Scrap Recycling Industries and the Basal Action Network, have announced major developments in their programs designed to prove their validity, independence and authentication [See WIMS 3/10/10 for background]. The two programs have now created a confusing system for the public and private sectors to participate in responsible electronics recycling. While U.S. EPA Administrator Lisa Jackson has said that the issue of proper management of E-waste is a major international priority of the U.S. and the Commission for Environmental Cooperation, EPA has done little to provide clarity to the two competing and confusing programs.

 

    On September 28, the Institute of Scrap Recycling Industries, Inc (ISRI) announced the creation of R2 Solutions, a stand-alone, non-profit organization formed to manage and continually develop the Responsible Recycling (R2) Certified Electronics Recycler® Program within the Recycling Industry Operating Standard (RIOS). According to a release, R2 Solutions will oversee the R2 Practices which provides a comprehensive set of standards for electronics recyclers that require responsible management of used computers and consumer electronics. The R2 Practices, were developed under the aegis of an EPA facilitated, multi-stakeholder process that has been accredited by the ANSI-ASQ National Accreditation Board as a third party auditable global standard. 
 
    To date, according to ISRI, there are 21 electronics recycling facilities certified to the R2 Practices -- a set of requirements that establishes a high bar for quality, environmental protection, health & safety, and data security, and that precludes shipping of hazardous materials to countries that have laws prohibiting their import. Robin Wiener, ISRI president said, "ISRI, as one of the original supporters of the R2 Practices, applauds the creation of R2 Solutions as a stand-alone, non-profit organization, whose sole purpose is to manage and sustainably develop the R2 Practices in an open, transparent manner. We firmly believe that a neutral, third-party organization such as R2 Solutions is a more appropriate administrator of the R2 Program going forward, and we [ISRI] look forward to its progress in advancing responsible electronics recycling globally."
 
    The newly created R2 Solutions body will manage continual development of R2 Practices, with standards development and stakeholder consultations on R2 Practices publicly available. A full set of standards is available on the R2 Solutions website (see link below). ISRI indicated that with the creation of R2 Solutions, a governance structure embraced by the EPA, vendors can now have confidence that used electronic equipment is being recycled safely and responsibly by accredited recyclers.
 
    According to ISRI, R2 Solutions will act as the Secretariat for the R2 Standard, and the governing council empanelled by R2 Solutions will operate under a set of bylaws that will require a decision-making forum, including an appeals process, in which all interested stakeholders may participate. The Board of Directors of R2 Solutions includes: John DeVillars, Managing Partner of BlueWave Capital; John Howard, independent public policy consultant former Bush Administration Federal Environmental Executive; John Lingelbach, environmental mediator, Acting Executive Director of R2 Solutions; Pete Regan, former CEO and Chairman of the Board of ERM, Inc.; Lynn Rubinstein, Executive Director of the Northeast Recycling Council (NERC).
 
    The ISRI announcement follows a competing announcement from the other major electronics recycling program operated by the Basal Action Network (BAN) and known as the Certified e-Stewards® Initiative. On September 17, the e-Stewards program announced its worldwide, "third-party audited, accredited international certification program for electronics recyclers that prohibits the export of e-waste to developing countries and enjoys the support of more than 70 environmental organizations." The e-Stewards announced its first Leadership Council which is designed to help guide the early development and promotion of the program "to ensure truly responsible electronics recycling across the globe."

    Jim Puckett, BAN Executive Director said, "We are very fortunate to have this first group of ardent and expert supporters of the e-Stewards Certification volunteer to help advise and shape this program to not only be the most principled electronics recycling certification in existence but the most practical and useful one as well."

    The new e-Stewards Leadership Council consists of representatives of five leading U.S. e-Recyclers: Capstone Wireless (TX), CloudBlue (OH), Electronic Recyclers International (CA), Surplus Exchange (MO) and WeRecycle! (NY). Philips Services Corp., with e-recycling collection facilities across the U.S., will represent e-waste collectors. Samsung and Wells Fargo, both enrolled in the e-Stewards Enterprise program, will represent electronics manufacturers and corporations that generate e-waste. A representative of the Natural Resources Defense Council (NRDC) and two government representatives will round out the Council, ensuring a diversity of viewpoints but all sharing in the common goal of ending e-waste mismanagement.

    The Leadership Council will provide recommendations to BAN in the areas of technical and business issues, policy expertise, marketing and, as appropriate, promotional efforts and governmental lobbying. All members have demonstrated a depth of knowledge of industry issues and a passion to facilitate the achievement of the e-Stewards mission.

 

    Access a release from ISRI (click here). Access the ISRI Certified Electronics Recycler® Program (click here). Access the R2 Solutions website (click here). Access a release from BAN (click here). Access the Certified e-Stewards® Initiative (click here). Access more information on the e-Stewards Leadership Council (click here). Access EPA's release on priority issues (click here). Access EPA's eCycling website for more information (click here). [*Haz, *P2]