Over the past two years, we’ve written periodically on the Paris Climate Accord — namely, what it is and the United States’ withdrawal from it. But what are states doing to uphold America’s commitments under the Paris Climate Accord? One course of action has been the Regional Greenhouse Gas Initiative.

What is the Regional Greenhouse Gas Initiative?

The Regional Greenhouse Gas Initiative (RGGI) is the first market-based program in the United States to reduce greenhouse gases. They were pretty straightforward with the name. Started in 2009, RGGI specifically targets CO2 emissions from the power sector.

Which states participate in RGGI?

Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New York, Rhode Island, and Vermont. New Jersey was an original RGGI member. Governor Chris Christie decided to withdraw the state in 2011.

RGGI is set to expand: New Jersey Governor Phil Murphy will return the state to the RGGI as of January 1, 2020. Pennsylvania Governor Tom Wolf began the process to join RGGI on October 3, 2019, and the process is expected to be completed within two years. 

Pennsylvania’s membership is significant, given that it’s the United States’ No. 2 gas producer and No. 3 coal producer and that it’s “electricity market is larger than most of the other northeastern states combined” (Inside Climate News).

What impact has the RGGI had? 

The nine RGGI states have reduced CO2 emissions by 47% over the past decade. That’s 90% faster than the rest of the nation, according to a study by clean energy nonprofit Acadia Center. Moreover, “economic growth in the RGGI states has outpaced the rest of the country by 31%” (Acadia Center). How ‘bout that?

What comes next?

To build on the RGGI, twelve northeastern states will try to finalize plans in early 2020 to launch the Transportation Climate Initiative (TCI), which will tackle carbon emissions from cars and trucks.

The TCI will auction pollution allowances to fuel suppliers, and each year the cap on the number of allowances will decline. The proceeds from the auctions will be “invested in electric vehicle infrastructure, mass transit, and other improvements designed to curb carbon emissions” (Inside Climate News).

The TCI has bipartisan support and will be chaired by Massachusetts Governor Charlie Baker.

Sources:

“The Regional Greenhouse Gas Initiative,” RGGI, Inc., 2019.

“The Regional Greenhouse Gas Initiative: Ten Years in Review,” Acadia Center, September 17, 2019.

Lavelle, Marianne, “A Major Fossil Fuel State Is Joining RGGI, the Northeast’s Carbon Market,” Inside Climate News, October 3, 2019.

Lavelle, Marianne, “States Vowed to Uphold America’s Climate Pledge. Are They Succeeding?” Inside Climate News, December 24, 2019.

PFAS chemicals are used to produce stain- and waterproof clothing and nonstick cookware. As they do not break down over time, they accumulate in the environment. The NJDEP order claims, “They can harm fetuses and newborns, and have been associated with kidney and testicular cancer, autoimmune illnesses and decreased responses to vaccines.”

PFOA and PFOS are two chemicals in the PFAS chemical family. On April 1, 2019, NJDEP issued a proposed rule that sought to list the two chemicals as “hazardous substances” under the Spill Act. A determination has not yet been made.

NJDEP claims that 3M knew these two chemicals were “harmful to people and the environment, including based on its own studies from as early as the 1970s.” While the Spill Act allows NJDEP to request information on discharged pollutants, Donald J. Camerson, principal at Bressler, Amery & Ross, wrote on behalf of 3M that “useful products supplied by 3M are not ‘pollutants.’” Moreover, since PFOA and PFOS chemicals are not yet hazardous substances under the Spill Act, 3M says that the directive is “fundamentally flawed” and “premature.”

Chemours and DuPont filed a joint response, in which they claim that the NJDEP order is “not just unprecedented but untenable.” They argue that New Jersey environmental laws are meant to be applied to specific discharge locations rather than statewide. Also they argue that the order fails to establish a “causal nexus between a given discharge or contamination and the responsible party,” which they say defies New Jersey law.

Meanwhile, Solvay claims that the NJDEP order is “unprecedented in scope and devoid of meaningful or reasonable substantiation.” It declined to repay the $3.1 million that New Jersey spent for a cleanup of PFAS chemicals near its West Deptford facility, yet it acknowledged the need to investigate contamination near said facility.

While the four companies refuse to pay, they have all agreed to “work with” NJDEP in regards to contamination in and around their facilities. Yet in case the companies refuse to pay or are deliberately slow to act, the state maintains the right to charge them up to three times the amount of money spent in its statewide cleanup efforts.

Sources:

“3M, DuPont Refuse to Pay for New Jersey Chemical Cleanup,” Bloomberg, 2019.
“Companies refuse to pay clean-up costs mandated by New Jersey directive,” ChemicalWatch, 2019.
“Spill Compensation and Control Act,” State of New Jersey, 2019.
“Statewide PFAS Directive, Information Request and Notice to Insurers,” State of New Jersey Department of Environmental Protection, 2019.

PFAS are used to produce stain- and waterproof clothing and non-stick cookware. Sometimes called “forever chemicals,” PFAS do not break down over time; rather, they accumulate in the environment. The state claims, “They can harm fetuses and newborns, and have been associated with kidney and testicular cancer, auto-immune illnesses and decreased responses to vaccines.” All good things.

The cost of contamination cleanup could rise to hundreds of millions of dollars. If the five companies cited refuse to comply or are deliberately slow to act, the state could charge them three times the amount of money spent in the cleanup. Chemours has said that it has decided to reduce air and water PFAS discharge by at least 99 percent, and Solvay has said that it has begun “remediation efforts” at its West Deptford, New Jersey facility. As of this writing, 3M, Dow DuPont, and Dupont have not commented.

Catherine McCabe, the New Jersey environmental protection commissioner, recommends that consumers avoid products that use PFAS. While the state Department of Environmental Protection (DEP) cites brands such as Gore-Tex, Scotchgard, Stainmaster, Teflon, and Tyvek, McCabe acknowledges that it is hard to know whether PFAS are present in a particular item of clothing or cookware. However, she says that the DEP will determine whether the plans proposed by the five companies are sufficient to address the problem.

To learn more about PFAS, click on these links:

EPA – Basic Information on PFAS
EPA – PFAS Infographic
NJ DEP – Emerging Contaminants
CDC – PFAS and Your Health
The Intercept – Nationwide Class Action Lawsuit

Source:
Parry, Wayne, “New Jersey orders cleanup of clothing, cookware chemicals,” The Washington Post, March 25, 2019.