### VIA Email

September 1 4

, 201 5

Wendy Cleland

- Hamnett, Director Office of Pollution Prevention and Toxics U.S. Envir onmental Protection Agency 1200 Pennsylvania Avenue, NW Washington, D.C. 20460

Re: Ame rican Petroleum Institute Comments on the Center for Biological Diversity TSCA Section 21 Petition for Rulemaking Concerning the Regulation of Carbon Dioxide

Dear Ms. Cleland

- Hamnett:

The Ame rican Petroleum Institute (API) respectfully submits these comments on the petition from the Center for Biological Diversity (the Petitioner or CBD) for rulemaking pursuant to Section 21 of the Toxic Substances Control Act (TSCA), 15 U.S.C. § 2601, et seq ., concerning the reg ulation of carbon d ioxide ( CO 2 

### ) (“ CBD P etition” or “the Petition”)

. The Petition ask s the United States ( U.S. ) Environmental Protection Agency ( EPA or “the Agency”) to promulgate regulations under TSCA Section 6 to protect “public health and the environment from the serious harms associated with anthropogenic emissions of carb on dioxide, including ocean acidification.” The Petition alternately requests t hat EPA adopt a rule under TSCA Section 4 to require “ testing to determine toxicity, persist ence, and other characteristics which affect health and the environment and are nece ssary to determine if there is an unreasonable risk of injury to health or the environment.”

API represents over 6 3 0 oil and natural gas companies, leaders of a technology

- driven industry that supplies most of America’s energy and supports more than 9.8 million jobs and eight percent of the U.S. economy. API members include producers, refiners, suppliers, pipeline oper ators, and marine transporters of oil and natural gas, as well as service and supply companies that support all segments of the industry. API and its members are dedicated to protecting human health and the environment while developing and supplying energ y resources. Over the 2000

- 2012 period, the U.S.

- based oil and natural gas industry invested over $165 billion in greenhouse gas mitigating technologies

. 1 

### The most recent data from the U.S. Energy Information

1 T 2 and Associates. Key Investments in Greenhouse Gas Mitigation Technologies from 2000 t hrough 2012 by Energy Firms, Other Industry and the Federal Government

. (Sept., 2013). Available at: Derek D. Swick, PHD Manager

Regulatory and Scientific Affairs

1220 L Street, NW Washington, DC 20005

- 4070 USA Telephone 202

- 682

- 8341 Email swickd@api.org www.api.org

### Wendy Cleland

- Hamnett September 14, 2015 Page 2

Administration show that CO 2 

### greenhouse gas emissions from U.S. industry, including oil and natural gas companies , have declined and are now below 1990 levels.

I. S ummary

API urges EPA to deny the Petition. The re are many reasons that compel EPA to deny the petition , which API addresses in these comments and summarizes as follows.

• The P etition does not meet the legal standard for granting a TSCA Section 21 petition for a Section 6(a) r ule

. The Petitioner has failed to set forth with sufficient particularity the facts that EPA is required to consider in deciding whethe r to issue a Section 6(a) rule. The Petition does not present adequate information on indus trial

processes that would be subject to rulemaking, the magnitude of the exposure, the benefits of the requested acti on , the availability of alternatives , or the economic consequences of re gulation, among other things. The Petitioner is unclear regarding whether the requests are focused on the manufacture of CO 2 

### as a commercial product, the manufacture of hydrocarbon su bstances and products, and/or the use of hydrocarbons, which results i n generation of CO 2 

### byproducts, emissions, and wastes. The Petitioner fails to explain why it would be efficient and in the public interest to address the perceived risks of CO 2 

### emissions under TSCA. It also disregards that TSCA is not intended to supplant environmental statutes. There is an unbroken line of precedent where EPA has concluded

— in response to Section 21 petitions asking the Agency to use its Section 6(a) authority to address risks associated with emissions or discharges of chemicals to the environment

— that it was not necessary or in the public interest to proceed with a Section 6 rule under TSCA.

• The Petitioner has not attempted to conform its request for testing to TSCA , and the Petition does not address the applicable TSCA Section 4 findings. No facts are provided that would allow EPA to find that the information already available to the Agency is insufficient to permit a reas oned evaluation of the health or environmental effects of CO 2 

### emissions. The Petition also improperly asks EPA to use TSCA Section 4 to collect feasibility and cost/benefit data in order to shore up deficiencies in the Petition.

• The P etition’s discussion of current science on ocean acidification is highly inaccurate and incorrect in many respects. With these comments, API transmits an independent scientific review of the Petition , performed by Golder Associates in partnership with the Danish Hydraulic Institute (“Golder Report”)

. 2 

### The review identifies critical flaws that bring into question many of the major conclusions in the

http://www.api.org/~/media/files/ehs/climate

- change/2 013

- key

- investments

- ghg

- mitigation.pdf



### . Accessed on Aug. 24, 2015.

2 Golder Associates

. Scientific Evaluation o f Center f or Biological Diversity’s Petition Dated June 30, 2015 Regarding Ocean Acidification (Sept., 2015). Transmitted as an attachment with this letter and thus incorporated into these API comments.

### Wendy Cleland

- Hamnett September 14, 2015 Page 3

Petition

. The Petition refers to only those studies that might support the Petition’s conclusions ; misquotes or overstates certain studies; neglect s studies that s how lower

, insignificant, or no impacts

, or “ positive ” biological responses from the effects of ocean acidification ; and has other deficiencies

. 3



### • Existing methods are not suff icient to account for pH variability or to pr oject ocean acidification rates

. The field of ocean acidification study does not yet allow for effective evaluation of long

- term fluctuations in pH on a broad scale. Thus

, the assertions in the Petition regarding future ocean pH are not reliable. There is significant temporal variability of pH even at single

- point coastal locations due to regional changes influenced by changes in temperature, ocean circulation, seasonal clim ate variability

, pressure, salinity, depth, nutrients, dissolved oxygen, ph otosynthesis, and respiration, as well as stochastic changes due to diurnal tides, seasonal currents, periodic storms, and

o ther similar phenomenon. T hese variables for the most part are not taken into account in

current long

- term m odels

.

• Current science does not support CBD’s assertions that CO 2 

### poses unreasonable risk due to a relationship to ocean acidification. The Pet ition discuss es drivers behind ocean acidification such as upwelling

, but only in the context of negative impacts. Multiple factors such as local sources and local hydrographic processes ( e.g. , upwelling, mixing) can affect pH by amplifying or counteracting ocean acidification effects. Scientists studying ocean acidificat ion have been able to identify natural processes that contribute to local pH variability (including tempera ture, salinity, nutrients

, etc.), but they do not understand all the potential na tural or site

- specific causes of local pH variability, nor are they able to allocate or quantify those potential inputs with any measured certainty.

• Many scientific uncertainties remain concerning the consequences of ocean acidification and appropriate mitigation strategies. Contrary to the Petitioner’s assertions about the impacts of ocean acidification, many uncertainties exist regarding the effects of ocean acidification on marin e life and complex ecosystems, and even less is known about the cumulative, lifelong effects of a lower pH environment

. As discussed i n the Golder Report, a vailable o cean acidification studies typically rely on extrapolating results fr om small scale laboratory or in

- site observation on individual species

, to model effects on entire populations without accounting for the interim acclimation changes and adaptation that take place in a more gradually changing real world environment

. 4



### • Ocean acidification is a global process that cannot be significantly affect ed by regulation under TSCA

. T he action envisioned by the Petitioner would not provide the relief it seeks, as TSCA action would not significantly affect global CO 2 

### concentrations.

3 Id.

4 Id.

### Wendy Cleland

- Hamnett September 14, 2015 Page 4

• EPA has alrea dy initiated efforts to better understand ocean acidification. The Petition er ’s call for a rulemaking to compel testing ignores the work EPA is already doing on ocean acidification. EPA has a technical workgroup tasked with contributing to “a better understanding of the scale of the potential impacts on aquatic life, relative contribution of drivers and sources, and the most meaningful metrics for assessing potential trends.” 5 

### EPA a lso actively partners with other agencies to identify and fill data gaps and looks for ways to comprehensively deepen its understanding of the scie nce

on ocean acidification. The field of research on ocean acidification is relatively young, and it is most appropriate that EPA focus its efforts at this time on understanding and advancing the science

.

• Therefore, API urges EPA to deny the Petition.

The points above are discussed in the remainder of this letter and its attachment s . These comments make clear that t here is neither legal nor scientific support for granting the CBD Petition.

II. The Petition does not meet the legal standard for granting a TSCA S ection 21 petition.

A. The showings required in a petition to initiate rulemaking under S ection 6 of TSCA

Section 21(b)(1) of TSCA requires that the petition “set forth the facts which it is claimed establish that it is necessary to issue” the rule or order requested. 6 

### TSCA Section 21 implicitly incorporates the statutory standards that apply to the re quested actions. Accordingly, a valid petition requesting a rulemaking under TSCA Section 6(a) must contain all of the information needed by EPA to find that there is a “reasonable basis to conclude that the manufacture, processing, distribution in commerce, use , or disposal of a chemical substance or mixture, or that any combination of such activities, presents or will present an unreasonable risk of injury to health or the environment.” 7



### Under TSCA Section 6(c)

, EPA is required to consider when promulgating a Section 6(a) rule:

( A ) t he effects of such substance or mixture on health and the magnitude of the exposure of human bein gs to such substance or mixture

,
( B ) t he effects of such substance or mixture on the environment and the magnitude of the

exposure of the environme nt to such substance or mixture

,

5 Letter from Nancy Stoner , Acting Administrator EPA, to Miyoko Sakashita , CBD. (May 17, 2013)

.

6 15 U.S.C. § 2620(b)(1).

7 Id . at § 2605(a).

### Wendy Cleland

- Hamnett September 14, 2015 Page 5

( C ) t he benefits of such substance or mixture for various uses and the availabili ty of substitutes for such uses

, and

( D ) t he reasonably ascertainable economic consequences of the rule, after considera tion of the effect on the national economy, small business, technological innovation, the

e nvironment, and public health. 8



### Moreover, if EPA determines that the risk could be eliminated or reduced to a sufficient extent by actions taken under another Federa l law(s) administered in whole or in part by the EPA, the Agency may not promulgate a Section 6(a) rule unless it finds, in the Agency’s discretion, that it is in the public interest to protect against the risk under TSCA. 9 

### In making this determination

, i n summary, EPA must consider:

(i) A ll relevant aspects of the risk, as determined by the EPA in the Agency’s discretion;

(ii) A comparison of the estimated costs of complying with actions taken under TSCA and under th e other EPA

- administered law(s); a nd

(iii) T he relative efficiency of actions under TSCA and under the other EPA

administered law(s) to prote ct against such risk of injury. 10



### B. The showings required in a petition to initiate rulemaking under S ection 4 of TSCA

The P etitioner must show that there are insufficient data and experience on the health or environmental effects of a particular chemical or mixture. 11 

### The petitioner also must show that the testing requested wil l actually fill the data gap. In short, there must be a sc ientific need for the data in order for EPA to conduct a reasoned evaluation of the health or environmental effects of the chemical at issue. If there is scientific uncertainty as to how the tests are to be conducted, the P etitioner must develop appropria te scientific guidelines for such testing. 12



### III. There are numerous legal deficiencies in the petition.

A. The P etition does not provide support for action under TSCA S ection 6(a).

EPA can not promulgate Section 6(a) rules in isolation. Carbon dioxide is emitted as a byproduct of industrial processes. Any Section 6( a) rule would need to be process

- specific. T he statutory findings made concerning the magnitude of the exposure, the benefits, the availability of

8 Id . at § 2605(c)(1)(A)

- (D).

9 Id . at § 2605(c)(1).

10 Id . at § 2605(c)(1)(i)

- (iii).

11 Id

. at § 2603(1).

12 Citizens for a Better Environment v

. Reilly , No. 85C8000, 1991 WL 95040, at p. 5 (N.D. Ill. May 24, 1991).

### Wendy Cleland

- Hamnett September 14, 2015 Page 6

alternatives

, and the economic consequences of regulation would need to be process

- specific. Indeed, given the findings that EPA is required to make in order to promulgate Section 6(a) rules , it would not be possible for EPA to issue such rules to cover CO 2 

### emissions from broad indust ry sectors . However, the Petition asks that EPA do precisely that by referencing broad segments of the economy such as energy suppliers, industry, land use and forestry, agriculture, transpor tation, commercial and residential building s, and waste and wast ewater. 13 

### It does not identify with specificity the discrete industrial processes that generate CO 2 

### emissions and would be the subject of the requested rulemaking.

S imilarly, the Petition fails to describe with sufficient particularity the magnitude of CO 2 

### emissions from discrete industrial processes, demonstrate that regulation of any specific in dustrial process under TSCA would have a significant benefit, and set forth sufficient facts bearing on the risk reduction that would be achieved from regulation o f a ny given industrial process. Most significantly, aside from generalization to the effect that many industries could achieve meaningful emission reductions “affordably,” 14 

### the Petition provides no information that would allow EPA to ascertain the economic and other social consequences of regulatory action under TSCA Section 6(a).

EPA has properly denied other TSCA Section 21 petitions on the basis that the petitions provided insufficient information on the cost, degree of availability of alternatives, and potential to reduce risk of unspecified risk management action. 15 

### These factors are integral to EPA’s assessment of whether a rulemaking under TSCA Section 6(a) is necessary and, even more fundamentally, th e Agency’s assessment of whether a particular risk is in fact an unreasonable risk. The deficiencies in the CBD Petition cannot be cured by asking that the cost/benefit data needed to make an unreasonable risk finding be developed under TSCA Section 4.

Th e Petitioner also fails to explain why they believe it would be efficient and in the public interest to address the perceived risks of CO 2 

### emissions under TSCA. The Agency’s discretion in deciding such matters is not subject to judicial review. 16 

### The Peti tion also does not make a showing that existing regulations are not adequately addressing CO 2 

### emissions. One of Congress’ major concerns in drafting TSCA was to avoid overlapping or duplicative regulation of chemicals. 17 

### TSCA is not intended to supplant environmental statutes that are designed to address combustion byproducts. To conclude otherwise would read Section 6( c)(1)(i)

- (iii) out of the s tatute.

13 Petition at p. 5.

14 Petition at p. 30

.

15 See EPA’s Denial of Petition Concerning Discarded Polyvinyl Chloride, 79 Fed

. Reg

. 64,722

, 64,725 (Oct. 31, 2014).

16 Senate Conf. Rep. (1976). S. Rep. No. 94

- 1302 at p. 76

.

17 House Committee on Interstate and Foreign Commerce, 94th Congress, 2d Session , Legislative History of the Toxic Substances Control Act

. (Committee Print; Dec., 1976 ). pp. 167 , 197.

### Wendy Cleland

- Hamnett September 14, 2015 Page 7

There is an unbroken line of precedent where EPA has concluded

— in response to Section 21 petitions ask ing the Agency to use its Section 6(a) authority to address risks associated with emissions or discharges of chemicals to the environment

— that it was not necessary or in the public interest to proceed with a Section 6 rulemaking under TSCA. For example, i n the case of Central Michigan Citizen’s 1983 Petition to address risks from contaminated wastes at a Dow facility in central Michigan, EPA concluded that the issue was more appropriately addressed under other Federal law(s) rather than TSCA Section 6

. 18



### Ev en where EPA has initially considered promulgating a TSCA Section 6(a) rule on its own initiative, it has ultimately concluded that regulation under anoth er of its statutory authorities would be more appropriate. For example, in 1991, EPA considered issui ng a proposed TSCA rule to regulate dioxin levels in land

- applied mill pulp and paper sludge, but ultimately decided to proceed under its Resource Conversation and Recovery Act ( RCRA ) authority.

The Courts have upheld EPA’s decision not to proceed under TSCA in light of the other statutory authorities available to the Agency. In Environmental Defense Fund v. Thomas, 657 F. Supp. 302 (1987), the District Court upheld EPA’s denial of a petition to regulate the disposal of dioxin

- contaminated wastes because such wastes were more appropriately managed under other Federal laws.

The Petition contains little that would guide the Agency’s exercise of discre tion in this area. It does not include a compa rison of the estimated costs of complying with actions taken under TSCA and under other EPA

- administered law(s). The Petition also does not discuss the relative efficiency of actions under TSCA and under the other EPA

- administered law(s) to protect agains t the perceived risks associated with CO 2 

### emissions.

Finally, although industrial/commercial product uses of CO 2 

### are not the primary subject of the TSCA Section 21 P etition , the Petition mentions that CO 2 

### is produced for commercial purposes including for u ses in fertilizer, beverage carbonation, dry ice, refrigeration, pressurization , fire extinguishment, and packaging. 19 

### The Petition provides no information that would allow EPA to conclude that emissions of CO 2 

### from such prod ucts pose an unreasonable risk.

18 48 Fed. Reg. 3 3,739, 33,744 (Jul. 25, 1983). See also 49 Fed. Reg. 43,764, 43,765 (Oct. 31, 1984) ( EPA’s denial of 1984 petition by Citizens for a Better Environment and Irondalers Against the Chemical Threat to issue a TSCA Section 6 r ule to control unreasonable risk from multiple toxic substances from multiple sources through the air, land, and water where EPA concluded that other F ederal laws could adequately address the issues raised in the petition and we re more appropriate than TSCA.) See also 54 Fed. Reg. 52,993 (Dec. 26, 1989) (The 1989 petition by Browning

- Ferris Industries (BFI) to specify the types of materials to be used in constructing monitoring wells at PCB disposal facilities where EPA stated it would be neither necessary nor productive for it to develop TSCA rules for PCB disposal facilities in light of the then on

- going Office of Solid Waste and Emergency Response (OSWER) efforts to establish standards for monitoring well construction. )

19 Petition at p. 6.

### Wendy Cleland

- Hamnett September 14, 2015 Page 8

B. The P etition does not set forth sufficient facts for EPA to find a TSCA S ection 4 r ule is warranted.

Apparently anticipating that EPA might deny its request to issue a TSCA Section 6 rule, the Petitioner asks EPA to alternatively adopt a rule under TSCA Section 4 to require manufacturers and processors to:

• test CO 2 

### reduction strategies;

• conduct a vulnerability assessment for marine and coastal species and ecosystems;

• forecast species’ responses to ocean acidification using modeling tools; and

• determine the economic values of ecosystems that are [ allegedly ] at risk from ocean acidification and the costs of reducing CO 2 

### emissions to preserve those ecosystems. 20



### TSCA Section 4 test rules are limited to filling data gaps where there are insufficient data or experience to determine the “effects” of commercial activity concerning a substance or mixture “on health or the environment” provided that testing is necessary to fill the gaps. TSCA Section 4 test rules are not for the purpose of compelling p roject s to address the type of re search questions enumerated in the Petition. Further, the Petition is unclear regarding whether the requests are focused on the manufacture of CO 2 

### as a commercial product, the manufacture of hydrocarbon substances and products, a nd/or the use of hydrocarbons, which results i n generation of CO 2 

### byproducts, emissions, and wastes. It contains no reasoning on what entities could be required to do such testing under TSCA authority.

The Petitioner does not attempt to c onform its request to TSCA

— it does not address the appl icable TSCA Section 4 findings. The Petition provides no facts that would allow EPA to find that the information already available to the Agency is insufficient to permit a reasoned evaluation of the health or environmental e ffects of CO 2 

### emissions. To the contrary , the Petition purports to set forth in detail what the Petitioner asserts is an extensive body of scientific support. The Petitioner has failed to provide a persuasive rationale as to why conducting a vulnerability assessment or forecasting species’ responses to ocean acidification is necessary to fill data gaps. Moreover, if promulgating a test rule

, EPA is required to specify “ [ s ] tandards for the development of test data” in the ca se of a single

- phase test rule, 21 

### or “[a] reference to appropriate guidelines for the development of test data” in th e case of a two

- phase test rule

. 22 

### The Petitioner has cited no testing standards or appropriate test guidelines for conducting the requested vulne rability assessment or forecasting of species’ responses to ocean acidification. As the Court in Citizens for a Better Environment v. Reilly has admonished

, a petitioner must

20 Petition at p. 36.

21 40 C.F.R. § 790.40(b)(iv)

.

22 Id. at § 790.40(2)(iv)

.

### Wendy Cleland

- Hamnett September 14, 2015 Page 9

develop appropriate scientific guidelines for its proposed testing in order for the petitioner to sustain its claim that EPA should promulgate a Section 4 test rule

. 23



### The suggested testing of CO 2 

### reduction strategies and the develop m ent of cost/benefit information is outside the scope of TSCA Section 4, as this information does not re late to the health or environmental effects of CO 2 

### . Rather, CO 2 

### reduction strategies and cost/benefit information are part of the showing that the Petitioner needs to make concerning the economic consequences of a TSCA Section 6(a) rule. The purpose of TSCA Section 4 is not for EPA to collect feasibility or cost/benefit data in order to shore up deficie ncies in a Section 21 petition.

IV. Current s cience does not supp ort CBD’s assertions that CO 2 

### poses unreasonable risk due to a relationship to ocean acidification.

Ocean acidification refers to the decrease in the pH of the oceans caused by the uptake by seawater of CO 2 

### from the atmosphere. 24 

### More precisely, once dissolved in seawater, CO 2 

### reacts with water to form the bicarbonate ion, HCO 3 - 

### (a weak base) and to yield the H + 

### ion (proton). 25 

### Seawater (from the surface down to a depth that varies with local conditions) is naturally supersaturated with a related stronger base, the carbonate ion (CO 3 - 2 

### ), which acts as a buffer by neutralizing som e of the protons forming more bicarbonate ions. The net reaction is: CO 2 

### + H 2 

### O
+ CO 3 - 2 

### → 2HCO 3 -



### . 26 

### As not all of the protons from the initial CO 2 

### absorption reaction are so neutralized, the local proton concentration increases and the local ocean pH slight ly declines as a result. The magnitude of these chemical changes depends on local conditions, varying with depth, distance from shore, temperature, local seawater chemistry, atmospheric CO 2 

### concentration, biological activity

, and other factors such as sea water mixing patterns.

The CBD Petition does not support the conclusion that CO 2 

### poses an unreasonable risk of injury to health or the environment based on harm from ocean acidification. The sections below explain why the assertions of the Petition are not supported by current science. Science also does not support the notion that any type of TSCA regulation would significantly affe c t ocean acidification process es

. EPA has already commit ted to work to better understand the science of ocean acidification and its impacts, and API supports the Agency’s efforts in that regard.

A. The P etition’s discussion of current science on ocean acidification is highly inaccurate and incorrect in many respects.

23 Citizens for a Better Environment v

. Reilly , No. 85C8000, 1991 WL 95040 (N.D. Ill. May 24, 1991) , emphasis added

.

24 Memorandum from Denise Keehner, Director, Office of Wetlands, Oceans, Watersheds, EPA to Water Division Directors, Regions 1

- 10, entitled Integrated Reporting and Listing Decisions Related to Ocean Acidification

. Nov. 15, 2010

. ( “ 2010 EPA Memo ” ).

25 A small fraction of the dissolved CO 2 , about 0.12 percent on a molar basis in seawater, reacts with water to form carbonic acid, H 2 CO 3 . In equilibrium calculations, convention is to consider non

- ionized CO 2 as the sum of dissolved CO 2 and non

- dissociated H 2 CO 3 , which reacts with water to form HCO 3 - as noted.

26 See : http://theotherco2problem.wordpress.com/what

- ha ppens

- chemically

. ( A ccessed on Aug

. 24, 2015).

### Wendy Cleland

- Hamnett September 14, 2015 Page 10

The Golder Report, transmitted as an attachment as part of API comments, identifies many critical flaws that bring into question the major assertions in the Petition . It is clear that the Petition does not constitute adequate scientific informat ion to provide or lead to a reasonable basis to conclude that there is an unreasonable risk of inju ry to health or the environment from ocean acidification due to CO 2 

### emissions.

The Golder Report enumerates many instances of deficiency and mischaracterization in the Petition, including but not limited to the following:

• 

### The Petition draws on only selected literature that show s the highest adverse impacts . It entirely ignores study results tha t show lower, insignificant

, or no impacts ; or “positive” biological responses from the effects of ocean acidification

. 27 

### This exaggerates the magnitude and scale of ocean acidification. As counterexamples, t he Golder Report includes twenty

- eight examples of re cent peer

- reviewed papers (2010

- 2015) showing low er, insignificant, or no impacts; or “positive” biological responses from the effects of ocean a cidification on marine life, and which are not included in the
P etition. 28



### • 

### The Petition selects studies with maximal impacts and misquotes or overstates study results

. T he Golder Report includes six ex amples of studies cited in the P etition for which the Petitioner exaggerates ocean acidification studies by selecti ng studies with maximal impacts, or by misquoting or overstating study results

. 29



### • 

### The P etition does not appropriately discuss the uncertainties, inappropriate experimental designs , and low statistical power present in the majority of studies

. The Golder Report includes a brief revie w of p ublications on ocean acidification

, showing that 50% to 60% of the publications focused on “ impacts ” to species (ranging from single cell organisms to vertebrates) , populations, and communities. 30 

### Approximately 25% of the impact studies are based on observational in situ data ( e.g. , coral bleaching, coral and shell corrosions/dissolutions) combined with either site observations of pH, dissolved CO 2 

### , or trends in such variables along with atmospheric

27 Golder Report at pp. 1

- 2.

28 Id. at Appendix A for abstract summaries of the studies. The Petition offers only studies with negative impacts of ocean acidification on marine animals such as molluscs, echinod erms, crustaceans

, corals, plankton

, ceplopods

, and fish. The Golder Report include s other studies that suggest variations as summarized in Appendix A . For example, one study found gastropods T. japonicus (type of mollusc) showed high resistance to eleva ted pCO 2 throughout the life cycle (Kita et al

., 2013). Another study’s field and laboratory data in combination suggest that ocean acidification levels up to a pH T of 7.8 will have little effect on the sensitivity of tropical corals to thermal bleaching (Noonan et al

., 2015). One study ’s results suggest that long

- term acclimation or adaptation could change or even reverse negative calcification responses in E. huxleyi (type of plankton) and its feedback to the global carbon cycle (Benner et al

., 2015)

.

29 Id. at Appendix B.

30 Id

. at pp. 2

- 3.

### Wendy Cleland

- Hamnett September 14, 2015 Page 11

p CO 2 

### obtained from other sites .” 31 

### By their very nature, these studies have a high degree of uncertainty because multiple confounding factors such as local sources are ignored

. 32



### The other 75% o f impact stu dies are experimental in nature

, ranging from phytoplankton growth experiments carried out in small containers to large mesocosms ( i.e., experim ental tools used rarely, which incorporate a small part of the natural environment where conditions such as pH, pCO 2 33 

### , temperature, salinity, li ght, and mixing can be controlled)

. 34 

### T he quality of the se studies is at best questionable because of incomplete experimental conditions and designs and poor documentation of exposure conditions. 35 

### Furthermore, m eta

- analysis of ocean acidification experiments also have limits in terms of “ uncritical reliance on the available body of published studies, ” leading to exaggerated ocean acidification effects due to so

- called “ publication bias. ” 36 

### The Petition disregard s that the natural variation in pCO 2 

### and pH in coastal waters often exceeds the projected change and findings in experiments. 37



### • 

### The Petition disregard s that ocean models d o not a ccurately predict future pCO 2 

### and pH in coastal waters and on the continental shelf , because there are key influences not included in the models ( e.g. , from watersheds, local sources etc.).
F uture ocean pH has little influence on coastal habitats. The Golder Report notes that several examples of the oce an acidification impacts claimed in the P etition are based on examples from coastal or shelf waters. 38 

### The Petition neglects that pCO 2 

### and pH variation and trends in coastal waters differ profoundly from trends in deep ocean

waters

. 39 

### Many factors influence v ariations and tre nds in pH in coastal ecosystems, including but not limited to watershed processes, nutrient inputs, changes in eco system structure and processes, and emissions of SO 2 

### and NO X 

### from international shipping activity

. 40

31 Id.

32 Id.

33 pCO 2 is the partial pressure of CO 2 in air, where the dissolved CO 2 concentration in the water under consideration is in equilibrium with the air. However, since the marine waters under consideration ar e often not in equilibrium with the air, and hence the concentrations of carbonate species in the marine waters is subject to change, pCO 2 is often used as a convenient alternate measurement to that of dissolved CO 2 concentration in marine waters. When

at mospheric CO 2 levels rise, pCO 2 typically rises. Along with pH, it is an important parameter for understanding carbonate chemistry in marine ecosystems.

34 Id.

35 Id.

36 Id. at p. 4.

37 Id. at p. 1. The Golder Report provides examples of studies that are also discussed below.

38 Id

.

39 Id.

40 Id.

### Wendy Cleland

- Hamnett September 14, 2015 Page 12

• 

### The Petition neglects the potential for physiological plasticity and biological adaptation to higher pCO 2 

### and lower pH as demonstrated in recent literature

. CBD’s claim that high CO 2 

### waters injure the growth, survival, fitness, and reproduction of marine animals does not tak e into account a growing number of studies that show examples of physiological acclimation and capacity to adapt to higher pCO 2 

### and lowered pH. 41 

### Also, in the majority of ex situ experiments, test animals are transferred abruptly from control conditions to tanks with reduced pH (increased CO 2 

### concentrations)

, which may create shock effects that are different from effects of a gradual change in sea water chemistry

, depending on the coping ability of an organism. 42 

### Some studies suggest capacity for a physiological acclimation because the sensitivity to lowere d pH if certain organisms are exposed gradually to lowered pH rather than exposed to an abrupt change. 43



### • 

### The CBD Petition includes a bibliography , but the bibliography omits 7 4 of the papers/reports that are cited in the text of the Petition

. 44 

### API believes this is an indicator of the overall low quality of the information in the Petition, which clearly is an ins ufficient basis on which to initiate any TSCA action.

API refers to the attached Golder R eport for full discussion of the above and additional serious problems with the assertions in the Petition.

B. Existing methods are not sufficient to characterize pH variability or to
pr oject ocean acidification rates

.
As EPA has noted, “the majority of the States do not have detailed monitoring protocols, assessment methods, or the high

- resolution equi pment needed to measure and implement the marine pH criteria.” 45 

### EPA has stated , “in most coastal regions data are not readily available to characterize short

- term marine pH diurnal and seasonal variability, or to qu antify a normally occurring pH ‘baseline ’ necessary to identify variation from natural and any long

- term t rends

. ” 46



### M onitoring is key to understanding the fundamental processes that occur in complex coastal ecosystems. Of those processes, pH is a key variable that needs to be monitored in order to understand carbonate chemistry in such waters.

There are significant li mitatio ns on pH measurement techniques . Defining baseline pH conditions and measuring the potential impacts of ocean acidification require technology that, at

41 Id. at pp. 4

- 5.

42 Id. at p. 4

.

43 Id.

44 Id. at Appendix C for a complete listing of references cited in the Petition text but not found in the bibliography.

45 The National Research Council, Ocean Acidification: A National Strategy to Meet the Challenges of a Changing Ocean . (2010) at p. 4.

46 Id. citing NRC

, 2010.

### Wendy Cleland

- Hamnett September 14, 2015 Page 13

a minimum, has an ability to detect and accurately measure the pH changes that are estimated to be occurring or pro jected to occur. E stimates suggest ongoing pH changes of approximately 0.002 pH units per year

, 47 

### which is far below what can be routinely and accurately monitored through existing technology. Although there are recent developments in m ore accurate pH measurements using spectrophotometric method s , they have not yet been widely deployed in the field

. 48



### R elative t o the technological limits of monitoring , i mportant additional considerations include

process control system l imitations, e lectrode limitations, and flow rate variability limitations. Field controls are an important factor , including proper temperature control. Temperature and contact with atmospheric CO 2 

### can affect the measured pH. 49 

### Therefore, proper field controls are

ess ential. Monitoring limitations are even more pronounced when monitoring is used to measure changes from baseline pH conditions that are not presently understood in waterbodies that experience significant temporal and spatial pH variability, in order to ga uge the largely unstudied biological responses to such changes. These variability issues are discussed below.

1. Daily/Hourly Variability

There is significant variability in near

- shore pH, and it is not possible to definitively determine a naturally occurring range of pH, which can vary in a waterbody on a daily or even hourly basis. Indeed, in some waterbodies, pH changes of 0.5 units have been reported within a single day. Consider the following results fro m 24,519 measurements spanning eight year s of observing

coast al ocean pH off Tatoosh Island, WA :

First, in contrast to the historical perspective that the ocean is well buffered, pH exhibited a pronounced 24

- hour cycle, spanning 0.24 units during a typical day . . . This diurnal oscillation is r eadily explained by daily variation in photosynthesis and background respiration: water pH increases as CO 2 

### is taken up, via photosynthesis, over the course of the day, and then declines as respiration and diffusion from the atmosphere replenish CO 2 

### overn ight . . . Second, pH

47 Friis, K., et al. (2004). Spectrophotometric pH Measurement in the Ocean: Requirements, Design, and Testing of an Autonomous Charge

- Coupled Device Detector System. Limmol. Oceanogr.; Methods Vol. 2. pp. 126

- 136 ("The
increase of surface water due to the p CO 2 uptake of atmospheri c p CO 2 drives a pH decrease of about 0.002 pH
measurements is therefore of the same order." p. 126).

48 Abmann, S., et al. (2011). Spectrophotometric High

- Precision Seawater pH Determination for Use in Underway Measuring Systems

. Ocean Sci.: Vol. 7

. p p

. 597

– 607.

49 “B ecause pH is dependent upon temperature, the temperature of the pH sample must be carefully controlled, or at least accurately measured before pH is determined. In addition, the pH of a seawater sample changes as CO 2 is lost or gained on contact with the atmosphere. This is a concern particularly with deepwater samples where CO 2 concentrations are high. It is therefore important that samples be drawn as soon as possible after arrival of the rosette on deck. Furthermore, contact with the atmosphere should be avoided during sampling and sample bottles should remain tightly sealed until pH measurements are made .” Available at : http://hahana.soest.hawaii.edu/hot/protoco ls/chap23.html

. ( A ccessed on Aug

. 24, 2015).

### Wendy Cleland

- Hamnett September 14, 2015 Page 14

fluctuated substantially among days and years, ranging across a unit or more within any given year and 1.5 units over the study period. 50



### The National Oceanic and Atmospheric Administration ( NOAA ) has recently begun collecting time

- resolved data on pH in addition to pCO 2 

### at certain moorings in open ocean waters of the Pacific and coastal waters of the U.S. 51 

### While the dataset is limited, the pH measurements indicate variability. 52 

### As noted by Sutto n et al.:

In 2010 we began equipping coastal moorings currently measuring pCO 2 

### with pH and other biogeochemical sensors to measure ocean acidification parameters at 3 hour intervals in the surface water. Here we present the magnitude and diurnal to

seasona l variability of pCO 2 

### and pH during the first year of observations at 2 sites in the Atlantic and Pacific coastal margins of the U.S.

— t he Gulf of Maine and outer coast of Washington state

. 53



### See Figures and accompany ing quotes below. 54



### Both the magnitude and range of pCO 2 

### and pH values were greater at the coastal sites (Gulf of Maine and La Push) compared to open ocean Station Papa and also varied between coastal sites (Table 1). The range of pCO 2 

### and pH values during

50 Wootton, J.T., et al. Dynamic Patterns and Ecological Impacts of Declining Ocean pH in a High

- Resolution Multi

- Year Dataset

. ( 2008)

. PNAS . V ol. 105

. No. 48 . p. 18848.

51 See : http://www.pmel.noaa.gov/co2/story/OA+Observations+and+Data

. ( A ccessed on Aug . 24, 2015 ).

52 NOAA’s pH measurements for select sampling si tes are reproduced in Attachment 2 to these c omments. A full set of current data for all 21 mooring sites can be accessed at : http://www.pmel.noaa.gov/co2/story/OA+Observations+and+Data

.

53 Sutton, A.J., et al. (2011). Natural Variability of pCO 2 and pH in the Atlantic and Pacific Coastal Margins of the
U

. S. American Geophysical Union

. OS33B

- 1650.

54 Id.

### Wendy Cleland

- Hamnett September 14, 2015 Page 15

the coastal time series were as much as 4.5 times the range observed at Papa. We observed pCO 2 

### and pH values in coastal waters predicted to occur in the open ocean at 2x pre

- industrial CO 2 

### levels . . . 55



### Only a few studies in coastal systems have documented short

- term variability of carbon chemistry and the factors governing ocean acidification variability (Cullison et al.

, 2011 and Yu et al

. , 2011). The largest variance we observed in pH and pCO 2 

### occurred at the La Push mooring off the Washington coast in September 2010. Values fluctuated as much as 200 uatm pCO 2 

### and 0.2 pH between 3

- hour cycles and >300 uatm pCO 2 

### and 0.5 pH within one day (Figure 3). Much of the variability at this site is likel y due to a combination of high biological productivity and strong winds that can drive localized upwelling. Although seasonal fluctuations are apparent in the Station Papa time

- series, values remained stable during this short time period. 56



### R esearchers at Duke University have noted that “estuary systems in general and the US East Coast in particular are poorly characterized in terms of the temporal variabil ity of their carbonate

55 Id.

56 Id.

### Wendy Cleland

- Hamnett September 14, 2015 Page 16

systems.” 57 

### The researchers found that “ changes in pH on sub

- year time scales e xceed the magnitude of long

- term projections . . . [0.3 units].” 58 

### They also recorded frequent daily variations of ~0.1 units. 59 

### Other very recent studies of near

- shore carbonate chemistry have similarly identified both the short

- term pH variability of suc h systems and the critical need for further research. 60



### 2. Natural Causes of Ocean Acidity Changes and Variability

There are many factors that affect ocean acidity

— oc eanic uptake of atmospheric CO 2 

### is only one. This is especially true in coastal waters where there can be many, site

- specific, local, or regional factors. 61 

### A comprehensive understanding of naturally occurring local or regional contributions to ocean acidification and pH variability is importa nt, and presently lacking . As noted by Hof man n , et al. (2011) :

The effect of Ocean Acidification (OA) on marine biota is quasi

- predictable at best . While perturbation studies, in the form of incubations under elevated pCO 2 

### , reveal sensitivities and responses of individual species, one missing link in the OA story results from a chronic lack of pH data specific to a given species’ natural habitat

. . . These observations reveal a continuum of month

- long pH variability with s tandard deviations from 0.004 to 0.277 and ranges spanning 0.024 to 1.430 pH units . The nature of the observed variability was also highly site

- dependent, with characteristic diel, semi

- diurnal, and stochastic patterns of varying amplitudes

. 62 

### [ internal c it ations omitt ed, emphasis added]

Hofmann, et al. (2014) subsequently noted that “[f]or coastal regions, the scientific community is just now assessing the longer

- term variability in pH,” and that, heretofore, “no coordinated inner

shelf time series were a vailable that would allow evaluation of the frequency, intensity and spatial expanse with which coastal ecosystems experience rapid acidification.” 63



### The importance of natural variability is also noted by Hofmann and others :

57 Johnson

, Z

. I

. , et al. (2013 )

. Dramatic Variability of the Carbonate System at a Temperate Coastal Ocean S ite (Beaufort, North Carolina, USA) is Regulated by Physical and Biogeochemical Processes on Multiple Timescales. PLoS ONE 8(12): e85117 . p. 3.

58 Id.

59 Id.

60 Waldbusser

, G

. G

. , Salisbury

, J

. E

. (2014) Ocean Acidification in the C oastal Zone from an Organism’s
P erspective: Multiple System Parameters, Frequency Domains, and Habitats . Annual Review of Marine Science Vol. 6: 221

- 247; Hof man n et al. (2014 )

. Exploring Local Adaptation and the Ocean Acidification Seascape

– Studies in the California Curren t Large Marine Ecosystem

. Biogeosciences . Vol. 11. pp. 1 0 53

- 1 0 64.

61 Golder Report citing the following studies: Duarte et al

. ( 2013 ) and Hassellȍv et al. ( 2013 ) at p. 1

.

62 Hofmann, G.E, et al. (2011)

. High

- Frequency Dynamics of Ocean pH: A Multi

- Ecosys tem Comparison . PLoS ONE 6(12): e28983.

63 Hofmann et al

. (2014 ) at p. 1055.

### Wendy Cleland

- Hamnett September 14, 2015 Page 17

Recently, a deeper consideration of ecosystem

- specific variation in seawater chemistry has emerged, one that is pertinent to the study of biological consequences of OA. Specifically, assessments of environmental heterogeneity present a nuanced complement to current laboratory experiments. The dynamics of specific natural carbonate chemistry on local scales provide critical context because outcomes of experiments on single species are used in meta

- analyses to project the overall biological consequences of OA, to forecast ecosystem

- level outcomes, and ultimately to contribute to policy decisions and the management of fisheries. As noted earlier, natural variability in pH is seldom considered when effects of ocean acidification are considered. Natural variab ility may occur at rates much higher than the rate at which carbon dioxide is decreasing ocean pH, about

- 0.0017 pH/year . This ambient fluctuation in pH may have a large impact on the development of resilience in marine populations, or it may combine with the steady effects of acidification to produce extreme events with large impacts. In either case, understanding the environmental variability in ocean pH is essential.

Although data on the natural variation in the seawater CO 2 

### system are emerging, nearly a ll high

- resolution ( e.g. , hourly) time series are based on pCO 2 

### sensors, with comparatively few pH time series found in the literature. From a research perspective, the absence of information regarding natural pH dynamics is a critical data gap for the bi ological and ecological arm of the multidisciplinary investigation of OA

. 64 

### [emphasis added] [internal citations omitted]

In addition to contributions from nutrient runoff, ocean upwelling is an important contributor to local pH levels and the variability o f local pH , and it can be highly localized . Feely and others have observed that:

To better understand the extent of this ocean acidification in coastal waters, we conducted hydrographic surveys along the continental shelf of western North America from central Canada to northern Mexico. We observed seawater that is unders aturated with r espect to aragonite upwelling onto large portions of the continental shelf, reaching depths of ~40 to 120 meters along most transect lines and all the way to the surface on one transect off northern California. Although seasonal upwelling of the undersatur ated waters onto the shelf is a natural phenomenon in this region, the ocean uptake of anthropogenic CO 2 

### has increased the areal extent of the affected area. 65 

### [emphasis added]

64 Hofmann et al. (2011) at p. 2.

65 Feely, R.A., et al. (2008). Evidence for Upwelling of Corrosive “Acidified” Water onto the Continental Shelf

. Science Vol. 320. p. 1490. A vailable at : http://www.pmel.noaa.gov/pubs/outstand/feel3087/feel3087.html

. (Accessed Aug. 27, 2015)

.

### Wendy Cleland

- Hamnett September 14, 2015 Page 18

More recently, a report by the Congressional Research Service noted the role of several natural variables that can affect ocean acidification levels in a localized manner:

All gases, such as CO 2 

### , are less soluble in water as temperature increases. Thus, marine waters near the poles have a much greater capacity for dissolving CO 2 

### than do ocean waters in the tropics. In addition, dissolved CO 2 

### is transported into ocean depths at these high latitudes ( i.e., deep water formation mechanism) since the lower

- temperature waters are of higher density, causing greater convection to occur than happens in the more stratified tropical oceans. If temperature were the only factor affecting the rate of ocean acidificati on and its impacts on physical and biological features, these impacts might be more likely to occur in marine waters nearer the poles. However, in addition to temperature, other factors modulate the impact of CO 2 

### on marine waters. Cellular respiration an d organic decomposition add CO 2 

### to seawater, and photosynthesis removes it. Deep oceanic water is enriched in CO 2 

### d ue to respiration in the absence of photosynthesis and, when brought to the surface by equatorial currents ( i.e., upwelling), can place CO 2 

### - enriched seawater in contact with the atmosphere where it can absorb even more CO 2



### . Hence, the tropics, and most notably tropical coral reefs, are also vulnerable to near

- term effects. An additional factor is the potential increase in storm activity at h igher latitudes, as some climate models suggest. CO 2 

### and other acidic gasses such as nitrogen dioxide are also dissolved in rainwater. An increase in North Atlantic or western North Pacific storms could significantly accelerate the pH decrease of surface ocean waters in these regions. 66 

### [internal citations omitted]

Wootton and collaborators have also studied the impact of multiple factors in attempting to model ocean pH, as shown in the table and discussion below. 67



### As noted by Wootton and others describing the results of their study:

66 Upton, H.F. & Folger, P. (Jul. 30, 2013 ). Ocean Acidification

. pp. 1

- 2. Congressional Research Service

. A vailable at : http://www.fas.org/sgp/crs/misc/R40143.pdf

. ( A ccessed on Aug

. 27, 2015).

67 Wootton et al. ( 2008 ) at p. 18849

.

### Wendy Cleland

- Hamnett September 14, 2015 Page 19

Our data demonstrate that ocean pH exhibits strong dynamic patterns over multiple temporal scales, which can be linked to variation in key physical and biological drivers with known mechanistic ties to pH. Across yea rs, pH declined strongly in association with increases in atmospheric CO 2



### . Over diurnal timescales, pH also showed strong systematic variation as a result of the interplay between uptake of CO 2 

### via photosynthesis and release of CO 2 

### via respiration. Ocean pH also exhibited variability at the seasonal time scale, but these patterns were more complex, with some years showing systematic increases and some showing systematic declines. This complexity is linked to annual variability in the seasonal patterns of d rivers of pH . . . Two factors tend to increase pH seasonally: atmospheric CO 2 

### declines during the summer as it is removed by terrestrial photosynthesis, and increased solar radiation tends to increase water temperature, which reduces CO 2 

### solubility. Two o ther factors tend to decrease pH seasonally: phytoplankton frequently decline through the summer . . . reducing photosynthetic CO 2 

### uptake, and upwelling generally increases through the summer, which brings high concentrations of CO 2 

### , arising from subsurf ace respiration, to the surface water, and also offsets seasonal increases in water temperature. In general, the effect of upwelling appears to predominate at the seasonal scale, but varies strongly among years. 68



### Researchers studying carbonate system varia bility in yet another near

- shore region (Beaufort Inlet, N.C.) very recently reached similar conclusions on the multiple causes of dramatic pH variability:

In the oligotrophic open ocean, the larger spatial and temporal scales of physical processes in conj unction with the relatively lower biomass and biogeochemical activity including photosynthesis and respiration rates result in relatively small diurnal and annual variation in pH and DIC

. 69 

### Yet in mesotrophic or eutrophic coastal oceans recent observations demonstrate that some ecosystems already experience annual or daily pH and DIC variability that vastly exceeds observed or predicted long

- term change in open ocean regions. This dramatic hourly to annual variability in pH in the coastal ocean occurs over a wide range of temporal and spatial scales and encompasses physical and biogeochemical drivers photosynthesis and respiration and tidal mixing of water masses with different fluxes of CO 2 

### ( e.g. , benthic, atmospheric, low biomass oligotrophic waters, high biomass mesotrophic waters). In addition to regular annual and daily cycles, episodic weather events increase the flux of fresh water into estuarine systems, and alter the carbonate systems at t he land

- sea interface over multiple timescales;

68 Id.

69 Dissolved inorganic carbon (DIC).

### Wendy Cleland

- Hamnett September 14, 2015 Page 20

and this data suggests that coastal ecosystems and organisms already experience significant periodic (annual or diurnal) or episodic variability in pH and DIC. 70



### In sum, the Petition neglects that pH variation and trends in coastal waters differ substantially from ocean trends. Available monitoring data and studies have demonstrated that ocean acidification is highly variable

, with the highest variability in the coastal and near shore region. Scientists study ing ocean acidification have been able to identify the presence of some natural processes that contribute to local pH variability ; however, they by no means understand all the potential natural or site

- specific inputs to local pH variability, nor are they able to allocate or quantify those potential inputs.

C. Many uncertainties remain in current science regarding the causes of ocean acidification and about the role of various drivers in complex ecosystems.

The Petition includes definitive statements about the causes of ocean acidification without a robust discussion of the uncertainties associated with the science of ocean acidification. As discussed above, the magnitude of the chemical changes involved depends on local conditions

— varying with depth, distance from shore, temperature, local seawater chemistry, atmospheric CO 2 

### concentrations, seawater mixing patterns, and other factors. Other potential causes of ocean acidification include upwelling of CO 2 

### - rich deep ocean waters, underwater vents of CO 2 

### , biolog ical respiration activities, and the effects of river plumes and other land

- source impacts in coastal waters. In specific locations, almost none of these inputs are fully characterized or well understood.

EPA recently stated :

EPA recognizes that a growing body of research indicates the seriousness of global ocean acidification risks and the potential that conditions relate to [ocean acidification] may have significant adverse impacts on aquatic life in the coastal waters of Was hington and Oregon, and elsewhere. However, the science is complex

– and experts agree that more research and analyses are needed to fully understand the sources, causes and impacts of [ocean acidification] in different aquatic environments

. 71 

### [emphasis a dded]

EPA has stated that the science is in the early stages, especially in regard to coastal waters of the territorial sea s and estuarine waters

, and EPA has reference d a number of studies that point to : 1) significant shortcomings in understanding the effects of ocean acidification , and 2) an “urgent

70 Johnson (2013).

71 United States's Cross Motion for Summary Judgment and Combined Memorandum in Support of Cross

- Motion for Summary Judgment and in Opposition to Plaintiff's Motion for Summary Judgment ("United States Cr oss Motion"). Center for Biological Diversity v. EPA , Case No. 13

- cv

- 1866 JLR (W.D. Wash. Aug. 15, 2014). p. 1.

### Wendy Cleland

- Hamnett September 14, 2015 Page 21

need” for more studies of ocean pH dynamics and their underlying causal mechanisms and

consequences. 72



### As discussed in the Golder Report, “this inherent variability and its multiple, complex associations wit h pH implies that the concept of ocean acidification caused by anthropogenic CO 2 

### emissions cannot be transposed to coastal ecosystems (Duarte et al.

, 2013).” 73 

### Moreover, “[d]epending on the location

- specific balance among different drivers, the pH of some coastal ecosystems will decline while the pH of others will increase.” 74 

### As examples, the Golder Report highlights the following studies:

• I n the mid

- Atlantic, the pH trends in the Chesapeake Bay differ by season and the influence of freshwater (Waldbusser et al. 2011). 75



### • I n Europe, the pH of the Southern North Sea and in the Danish Straits peaked at 8.3 around 1980

- 1985 when eutrophication was at the highest level

. H owever , since then pH has decreased

— at a rate 10 times higher than acidification in the Pacific Ocean

— as a result of nutrient management actions and a reversal of eutrophication in coastal waters (Duarte et al. 2013). 76



### • Diurnal variation can exceed 1.5 pH units in shallow benthic systems populated by seagrass and macroalgae (Duarte et al.

, 20 13 ; Table 2) underlining that sessile organisms ( i.e., permanently attached to a solid substrate) in such habitats are adapted to short term yet recurring variation in pH that majorly exceeds the predicted change in a future

ocean. 77



### In addition, “because of very coarse spatial resolution in oceanographic models ( typically 100 km x 100 km), model predictions of future effects of ocean acidification (including aragonite saturation) do not resolve the issue of pH variability found in coast al waters .” 78 

### Ocean acidification studies typically rely on e xtrapolating results from small

- scale laboratory or in

- site observation studies on individual species to model effects on entire populations. However, multiple factors such as local sources can affect pH and/or local hydrographic processes (upwelling, mixing) by amplifying or counteracting o cean acidification effects. 79 

### The Golder

72 Id. at p. 6; See studies cited in footnote 6.

73 Golder Report at p. 1.

74 Id. a t p. 2

.

75 Id.

76 Id.

77 Id.

78 Id.

79 Id. at p. 3.

### Wendy Cleland

- Hamnett September 14, 2015 Page 22

Report finds that one cannot r ely on present ocean models to predict future changes in pH and aragonite saturation in coas tal waters

. 80



### Scientists studying the ocean acidification issue have been able to identify the presence of some natural processes that contr ibute to local pH variability. However, they do not yet understand all the potential natural or site

- specific inputs to local pH variability, nor are they able to allocate or quantify those potential inputs.

D. Many scientific uncertainties remain concerning the consequences of ocean acidification and appropriate mitigation strategies.

A significant portion of the CBD Petition focuses on the consequence s of ocean acidification and makes broad assertions that high CO 2 

### waters injure the growth, survival, fitness and reproduction of marine animals, including molluscs, echinoderms and crustaceans; corals; and plankton, cephalopods a nd fish. 81 

### Yet, many scientific uncertainties remain concerning the impacts of ocean acidification on marine life and the ecosystem. The Petition fails to consider that biological response and associated uncertainty in measured response varies g reatly by species and stressor. Single

- stressor studies have limited value in comparison to s tudies of the effects of multiple stressors in site

- specific ambient conditions.

EPA has properly noted that in the case of ocean acidification and associated aquatic life impacts, information is largely absent o r limited at this point in time. 82 

### EPA has referred to a 2010 report by the National Research Council (“NRC”), 83 

### which concluded that:

[o]verall, the acidification of seawater should prove unfavorable for most calcifying organisms, and this is likely to constitute a major negative effect on the marine biota. But it must be emphasized that despite extensive research efforts we still have a poor understanding of the mechanisms and regulation of the calcification process in marine organisms

. 84 

### [emphasis added]

Similarly, discussing the impact of potential acidification on internal pH control and other metabolic processes, the NRC stated that:

[t]o date, the state of knowledge concerning the effects of decreasing pH and increasing CO 2 

### on most marine organisms is sparse. Although many of the underlying physiological mechanisms are understood in some detail, knowledge of the metabolic consequences for individual performance remains weak.

80 Id

. at p. 2.

81 Petition at pp. 13

- 26.

82 EPA 2010 Memo at p. 1.

83 Id. at p. 3

.

84 The National Research Council, Ocean Acidification: A National Strategy to Meet the Challenges of a Changing

Ocean . (2010) at pp. 48

- 50

.

### Wendy Cleland

- Hamnett September 14, 2015 Page 23

Understanding is particularly poor concerning the sensitivities of various life stages of marine organisms . . . Even less is known about the cumulative, lifelong effects of a lower pH environment in terms of how it will affect the performance, growth, survival, and fitness of individuals, especially whe n combined with other likely stressors. 85



### The 2010 NRC report also discussed the ecosystem effects of ocean acidification for various potentially vulnerable ecosystems, including coastal ecosystems. At the outset, the NRC recognized the complexity of such coastal ecosystems:

[C]oastal ecosystems exhibit naturally high variability in pH and seawater chemistry due to biological activity, freshwater input, upwelling, atmospheric deposition, and other factors. They are also subject to a diversity of stresses

c aused by human activities, such as organic matter and nutrient inputs, pollution by toxic organic compounds and metals, acid rain, sea level rise and other climate change effects, and overfishing. The effects of ocean acidification on coastal ecosystems ma y be small relative to the effects of these natural and human

induced stresses. 86



### After providing a summary of the literature thro ugh 2010, the NRC concluded :

However, existing research in coastal ecosystems, as is the case with other ecosystems, has bee n focused on individual organisms, not on the population, community, or ecosystem levels. Consequently, it is unknown whether populations sensitive to changes in ocean chemistry will be able to adapt through behavioral or physiological changes. For example , populations with individuals possessing genetic variations that tolerate the expected changes in ocean chemistry may result in higher survival or reproductiv e success because of more

rapid

- than

- expected adaptation to the new conditions . . . It is not kn own whether coastal ecosystems that do not currently experience natural hypoxic and low pH events are less susceptible to incremental shifts in regional ocean chemistry due to ocean acidification. Areas along the U.S. eastern seaboard, the Gulf of Maine, and others have weaker oxygen minimum zones and higher pH waters along coastal zones. Organisms inhabiting these ecosystems may tolerate larger shifts in ocean chemistry caused by ocean acidification than those in ecosystems overlying more hypoxic upwelli ng waters, but this hypothesis requires study. 87



### In part, to address such uncertainties and data gaps in biological responses, the NRC made several recommendations in its 2010 report. One key recommendation was :

85 Id. at p p

. 51

- 52

.

86 Id. at p. 7 0.

87 Id. at p p

. 71

- 72

.

### Wendy Cleland

- Hamnett September 14, 2015 Page 24

[T]he National Program should support an a daptive monitoring program to identify biological response variables specific to ocean acidification. In the meantime, measurements of general indicators of ecosystem change, such as primary productivity, should be supported as part of a program for asses sing the effects of acidification. 88



### In addition, as part of its recommendation that “federally

- funded research on ocean acidification should focus on the following eight unranked priorities” the NRC highlighted the need to “understand the physiological mechanisms of biological responses,” “assess the potential for acclimation and adaptation,” “investigate the response of individuals, populations, and communities,” and “understand ecosystem

- level consequences

. ” 89 

### T hat is, four of its eight priorities add ressed biological responses

.

The NRC work highlights the limits on the current understanding of biological responses to ocean acidification, especially on coastal species and ecos ystems. There is f urther discussion in a 2011 Intergovernmental Panel on Cli mate Change ( IPCC ) document, with extensive U.S. authorship. 90 

### O ther studies have noted the lack of information on biological responses but also found that marine biota seem to be more resilient to ocean acidification than has been previously presumed. 91



### EPA appropriately determined that neither Washington nor Oregon were required to list their coastal waters as “impaired” under Section 303(d) of the Clean Water Act for ocean acidification. CBD had asked EPA to disapprove Washington’s and Oregon’s lists f or failure to include waters allegedly i mpaired by ocean acidification. In consider ing the lists , EPA reviewed and assessed the applicability of each of the 173 studies cited by CBD. 92 

### With respect to biological response issues, EPA provided detailed responses to CBD on the inability of laboratory and hatchery studies to establish linkages between biologi cal and oceanographic data.
EPA noted the continued need for more information “on the biological condition within the waterbody ( e.g., in situ field studies documenting the health of aquatic life populations) or

88 Id. at p. 7

.

89 Id. at p p

. 109

- 110

.

90 IPCC Workshop on Impacts of Ocean Acidification on Marine Biology and Ecosystems, Workshop Report

. (Jan.

, 2011 ) . In particular, see the extensive discussion of biological uncertainties discussed in the Synthesis Plenary
R eport IV

- 2 : Impacts of O cean A cidification for I ndividual O rganisms: T he S tate of Knowledge, Key Uncertainties,

a nd the W ay Forward and the Synthesis Plenary Report IV

- 3: Scaling up to E cosystems: The State o f Knowledge, Key Uncertainties, a nd t he Way Forward

.

91 Hendriks I

. E

. , et al. (2010)

. Vulnerability of Marine Biodiversity to Ocean Acidification: A meta

- analysis

. Estuarine Coastal & Shelf Science

, 86, pp. 157

- 1 64. While the meta

- analysis of 372 experimentally evaluated responses has been critiqued, it is a comprehensive data review of potential biological responses to ocean acidification and, at a minimum, demonstrates that the potential biological responses to ocean acidification remain uncertain.

92 Appendix A to EPA Answer in Center for Biological Diversity v. EPA , Case No. 13

- cv

- 1866 JLR (W.D. Wash.
Jan

. 15, 2014).

### Wendy Cleland

- Hamnett September 14, 2015 Page 25

laboratory studies that are designed to account for natural variability and ecological complexity within a particular system. ” 93



### In its answer to CBD’s complaint challenging EPA’s approval of Washington’s and Oregon’s 303(d) lists, EPA defended its determinations and , with respect to CBD’s claims, denied that the information before it was sufficient to make determinations regar ding nonattainment with applicable water quality standards. 94 

### In 2014, EPA’s motion confirmed its position:

There were no in situ field studies documenting adverse effects on the health of aquatic life populations in either state [Washington and Oregon]. Nor was there any other information documenting effects on indigenous populations of aquatic life in state waters indicating stressors attributable to ocean acidification. The only information available regarding aquatic life in ambient waters under natur al conditions was inconclusive. CBD relies only upon anecdotal observations, laboratory experiments, and data collected at artificial habitats, specifically, on

shore oyster seed hatcheries. 95



### In March 2015 , Judge Robart rejected CBD’s arguments and a greed with the EPA :

The science surrounding ocean acidification and its causes and effects is complicated and still

- developing. “[I]n an area characterized by scientific and technological uncertainty . . . this court must proceed with particular caution, avoi ding all temptation to direct the agency in a choice between rational alternatives.” [citations omitted]. Accordingly, this court will not second guess EPA’s decision to require more conclusive evidence before identifying coastal waters as acidified

- impa ired. 96



### API has reviewed the recent planning documents and reports on ocean acidification by various Federal governmental agencies such as the United State Geological Service, NOAA , the National Ocean Council, the Interagency Working Group on Ocean Acidification, as well as similar plans and reports by various states such as those on the West and Gulf c oasts. N one of these entities have begun to address the need for more sound scie nce on biological responses, both at the species, and certainly at the ecosystem level, that can link ocean acidification parameters such as pH or pCO 2 

### to biologic outcomes. However, the existence of a multi

- agency task group

, including these agencies and their published agendas

, make s clear that strategies to address marine pH are under consideration.

93 United States Cross Motion at p. 18.

94 Id.

95 United States’ Combined Memorandum at p. 18. Center for Biological Diversity v. EPA , Case No. 13

- cv

- 1866 JLR (W.D. Wash. Jan

. 15, 2014).

96 Amended Order on Cross Motions for Summary Judgment, at p. 54. Center for Biological Diversity v. EPA , Case No. 13

- cv

- 1866 JLR (W.D. Wash. Mar. 2015 ); citing Ctr . for Biological Diversity v. EPA , 749 F.3d 1079, 1088 (D.C. Cir. 2014 (quoting Envl. Def. Fund, Inc. v. Costle , 578 F.2d 337, 339 (D.C. Cir. 1978).

### Wendy Cleland

- Hamnett September 14, 2015 Page 26

While the science is developing over time , there is a growing body of work that is beginning to expand out of laboratory settings to study the role adaptati on plays in real

- time marine ecosystems. One study from the West Coast O cean Acidification and Hypoxia Science Panel (“OAH Panel”) examined ocean acidification responses within the California Current Large Marine Ecosystem, where there are multiple biotic interactions that are variable and complex, instead of in laboratories, and where historically pH responses have been studied in isolation. 97 

### Importantly, this study addresses major questions “regarding whether marine species currently possess functional traits that would allow the tolerance of a changing environment, or whether they will be able to adapt to rapidly changing ocean conditions in the future.” 98



### Hofma n n and others (2014) focused on sea urchins and mussels because, in lab experiments, those two species experienced differing levels of resilience to pH changes (sea urchins were generally resilient and mussels experienced decreased shell growth and strength). 99 

### The field studies in the California Current Large Marine Ecosystem found that sea urchin s were unaffected by increases in pCO 2 

### and, surprisingly, adult mussels of the species Mytilus californianus showed “ faster growth at sites with more extreme exposures to pH.” 100



### In its review of scientific literature, th e Golder Report finds that experimental studies commonly found in ocean acidification research have limited insights into long

- term projections of impacts because they have failed to taken into consideration variables such as an organism’s capacity for physiological accli mation and ability to adapt to varying water chemistry. 101 

### As the Golder Report summarizes :

However , the scientists in the se primary studies have abruptly exposed today’s test organisms to an assumed future seawater chemistry without accounting for the interim changes and adaptation periods that would take place in the real world. It is therefore not surprising that they “obse rved” adverse effects including increased mortality, reduced growth and calcification rates in short

- term experiments. 102



### The Golder Report fi nds that these sudden transfers

— wh ich are found in the majority of in situ experiments

— “ may create inherent shock

- ef fect s exceeding or overshadowing effects of a gradual change in seawater chemistry depending on the coping ability of the organism. ” 103 

### In fact, “ [s] ome studies suggest capacity for a physiological acclimation because the sensitivity to lowered pH becomes r educed if certain organisms ( e.g., isopod, coralline algae) are exposed

97 Ho fman n et al. (2014) at pp. 1153

- 1164

.

98 Id. at p. 1054.

99 Id. at p. 1057.

100 Id. at pp. 1057

- 58.

101 Golder Report at pp. 3

- 5.

102 Id. at pp. 4

- 5

.

103 Id. at p. 4

.

### Wendy Cleland

- Hamnett September 14, 2015 Page 27

gradually to lowered pH rather than exposed to an abrupt change ( e.g. , Munguea & Alenius

, 2013 and Kamenos et al.

, 2013).” 104



### Newer studies also suggest that adaptive evolutionary change can take place across year

- to

decade timescales:

• Well

- calcified morphotypes of coccolithosphore have been found in low pH regions of the ocean (Beaufort et al.

, 2011) ; 105



### • After culturing the wide

- occurring coccolithophore Emiliania huxleyi over more t han 700 generations at high pCO 2 

### and elevated temperature

, inorganic carbon content, primary production

, and calcification rate did not differ from present (ambient) conditions (Benner et al.

, 2013) ; 106



### • For benthic invertebrates, recent studies from the California Current Marine Ecosystem showed that larvae of a key sea urchin species collected in areas characterized by upwelling and variable pCO 2 

### had more resilient metabolic responses to pCO 2 

### than larvae from other regions with stable conditions (Kelly e t al.

, 2013) ; 107 

### and

• Significant genetic changes were observed in larvae fro m seven adult populations of sea urchins cultured under different CO 2 

### levels. Changes were found in genes for bio

mineralization, lipid met abolism, and ion homeostasis

— g ene classes that build skeletons and participate in pH regulation (Pespeni et al.

, 2013). 108



### While evidence of resilience is welcome, these studies do not come clos e to fully addressing the needed additional research on biological response. 109 

### They are one step toward a ddressing these complex biologic responses within their intricate marine environments. As noted, ocean acidification researchers have found, “[t]he effect of Ocean Acidification (OA) on marine biota is quasi

- predictable at best.” 110

104 Id.

105 Id. at p. 5.

106 Id.

107 Id.

108 Id

.

109 In May 2013, the Arctic Monitoring and Assessment Programme (AMAP), in conjunction with the Arctic Council, issued AMAP Assessment 2013: Arctic Ocean Acid ification , which noted that “ [t]here is an almost complete lack of information on the effects of ocean acidification (in isolation or in combination with other environmental stressors) on keystone species and processes in the Arctic. Accordingly, there is an urgent need for focused research on the likely impacts of ocean acidification on a range of taxa and processes. ” p . 53.

110 Hofmann et al. (2011)

. See also The West Coast Ocean Acidification and Hypoxia Science Panel, Multiple Stressor Considerations: Ocean Acidification in a Deoxygenating Ocean and Warming Climate

. ( Jul

., 2015 )

.

### Wendy Cleland

- Hamnett September 14, 2015 Page 28

The Petition argues th at ocean acidification “may” already be increasing the toxicity of harmful algal blooms known as “red tides.” 111 

### Petitioners claim that the increase in the toxicity of harmful algal blooms in Southern California may be due, in part, to acidified waters. 112 

### However, the Golder Report notes two other studies that offer different conclusions :

• A s tudy regarding the effect of pH on growth and domoic acid production by potentially toxic diatoms of the genera Pseudo

- nitzschia and Nitzschia found an opposite respo nse to pH

- change: that the domoic acid production and concentration increased with pH increase ( Lundholm et al

. , 2004). 113



### • The 5

- year project “ A Regional Comparison of Upwelling and Coastal Land Use Patterns on the Development of HAB Hotspots Along the California Coast” funded through NOAA’s Ecology and Oceanography of Harmful Algal Blooms (ECOHAB) Program did not identify ocean acidification as a trigger for Pseudo

- nitzschia blooms along the California coast. 114



### Citing two studies that ar e not in the bibl iography, the P etition also asserts that ocean acidification can decrease the sound absorption of seawater, causing sounds to travel further with potential impacts to marine animals and other marine life sensitive to noise pollution. 115 

### The Golder Report fi nds :

Sound propagation in the ocean is sufficiently complex that sophisticated computer models are needed to accurately assess the likely changes in low

frequency noise levels due to the decrease in sound absorption caused by ocean acidification. A realis tic calculation indicates that the expected increase in noise levels from 1960 to 2250 over the frequency range 50

– 2000 Hz is likely to be less than about 0.2 dB, for a scenario that gives a change in surface pH of 0.7 units over that time. 116



### The science on the consequences of ocean acidification on marine animals is complex and does not support the assertions and conclusions of the Petition. Going forward, more carefully planned studies that take into account the effects of physiological plas ticity and adaptation will provide a fuller understanding of the long

- term effects of ocean acidification on marine life.

111 Petition at pp. 25

- 26.

112 Id.

113 Golder Report at Appendix B.

114 Id.

115 Petition at p. 26.

116 Golder Report at Appendix B.

### Wendy Cleland

- Hamnett September 14, 2015 Page 29

E. Ocean acidification is a global process that would not be significantly affected by TSCA regulation.

The Petition’s notion th at there is a need for TSCA regulation because international measures to reduce greenhouse gas emis sions are inadequate is misguided

. Even if EPA had proper reason to regulate CO 2 

### emissions under TSCA (which it does not), the action envisioned by the Petitioner would not provide the relief it seeks, as TSCA action would not measurably affect global CO 2 

### concentrations.

C arbon dioxide emissions intermix freely in the atmosphere and, regardless of the location of the emission point, contribute to the overall global atmospheric CO 2 

### concentration. A ctual or modeled decreases in ocean pH are the cumulative result of all individual stationary and mobile source emissions, as well as all na tural source emissions, from every nation in the world. A CO 2 

### source on the shore of Puget Sound has no more or less potential to harm oysters in the Sound than a source in Sichuan Provence, China. Even if the source on Puget Sound and thousands like it across the U.S. were able to reduce their CO 2 

### emissions to zero, global increases in CO 2 

### would more than make up the difference. The complexity inherent in a phenomenon caused in part by cumulative CO 2 

### emissions across the globe is staggering

— even more so considering that atmospheric CO 2 

### concentration is but one of the ma ny variables that impact ocean pH levels.

F. EPA has alrea dy initiated efforts to better understand ocean acidification

.

API is aware of EPA’s efforts to better understand and r espond to ocean acidification. EPA has taken appropriate and reasonable steps to begin to understand research gaps , quantify limitations, and i nventory its statutory authorities

.
In response to CBD’s 2013 Petition, EPA announced that it was “convening a technical workgroup to evaluate data and research regarding water quality parameters most relevant for understanding and addressing ocean acidification and its causes.” 117 

### EPA further explained that the workgroup will be tasked with contributing to “a bett er understanding of the scale of the potential impacts on aquatic life, relative contribution of drivers and sources, and the most meaningful metrics for assessing potential trends

. ” 118 

### EPA also actively participates in effort s t o better understand and adva nce the science of ocean acidification, including in partnership with other agencies

. 119



### As discussed in the sections above, much of the science surrounding ocean acidification and its causes and impacts on marine life and complex ecosystems is uncertain

. The ocean acidification research field is relatively young. Challenges include monitoring limitations, pH variability

117 2013 Letter from Nancy Stoner.

118 Id.

119 For example, See Interagency Working Group on Ocean Acidification of the Subcommittee on Ocean Science and Technology, Third Report on Federally Funded Ocean Acidification Research and Monitoring Activities ( Apr

., 2015 )

.

### Wendy Cleland

- Hamnett September 14, 2015 Page 30

based on a large suite of localized drivers, vastness of complex marine ecosystems, and improperly designed small

- scale experiments. Thu s , it is most appropriate that EPA focus its efforts at this time on understanding and advancing the science.

Regarding the technical workgroup, EPA has no t yet provided much public information about it. While API supports EPA’s goal of using the technica l workgroup to improve its understanding of fundamental aspects of ocean acidification, we strongly recommend that the technical workgroup conduct its research and proceedings in an open, transparent, and collaborative manner that is inclusive of all relev ant stakeholders, including industry and the scientific community.

V. Conclusion

API supports EPA’s continuing efforts to further develop its understanding of ocean acidification and its sources, ca uses, and impacts. EPA has recognize d that the science of ocean acidification is complex and uncertain and that more research and analyses are necessary to better understand the ocean acidification issue

. API urges EPA to deny the CBD P etition. Denial clearly is warranted for both legal and scientific reasons , as explained in these comments

.
API thanks the Agency for its attention to these comments on this important matter. Feel free to contact me with any questions or should you require additional information from API.

Sincerel y ,

Attachme nts (2)

### ATTACHMENT 1

## September 2015



# SCIENTIFIC EVALUATIO N OF CENTER FOR BIOLOGICAL DIVERSITY 'S PETITION DATED JUNE 30, 2015, REGARDING OCEAN ACIDIFICATION

REPORT

Report Number 1537019

Distribution:

API
Golder Associates
DHI Submitted to : American Petroleum InstituteSeptember 2015

Report No. 1537019 i 

# Table of Contents

1.0 BACKGROUND

................................ ................................ ................................ ................................ ......................... 1

2.0 OVERALL EVALUATION O F PETITION

................................ ................................ ................................ .................. 1

3.0 CONCLUSION

................................ ................................ ................................ ................................ ........................... 5

4.0 CITED LITERATURE

................................ ................................ ................................ ................................ ................. 6

5.0 APPENDICES

5.1 APPENDIX A 28 examples of recent peer

- reviewed papers (2010

- 2015) showing lower, insignificant, or no impacts; or “positive” biological responses from the effects of ocean acidification and which are not included in petition.

APPENDIX B 6 examples in the petition exaggerating ocean acidification effects by selecting studies with maximal impacts; or misquoting or overstating study results.

APPENDIX C List of citations to scientific literature in the text of the petition that are not included in petition’s bibliography

.September 2015

Report No. 1537019 1 

## 1.0 BACKGROUND

On the 30 th of June 2015

, the Center for Biological Diversity submitted a petition to the U.S. Environmental Protection Agency. The petition has been prepared by Donn J. Viviani, PhD requesting actions pursuant to section 21 of the Toxic Substances Control Act (“TSC A” or the “Act”), 15 U.S.C. § 2620, and section 553(e) of the Administrative Procedure Act (“APA”), 5 U.S.C. § 553(e)

, “ to promulgate regulations protecting public health and the environment from serious harms associated with anthropogenic emissions of car bon dioxide, including ocean acidification ” (“petition”).

Golder Associates

, in partnership with Danish Hydraulic Institute

, was retained by the American Petroleum Institute to conduct a n independent scientific review of the petition

. The focus of the review has been to conduct an unbiased scientific evaluation of the petition and to address issues that have been omitted or insufficiently addressed.



## 2.0 OVERALL EVALUATION O F PETITION

Based on an independent assessment

, the petition



##  is bia sed from “cherry

- picking” selected information in the scientific literature that only includes those studies showing or inferring the highest adverse impacts

- and entirely neglect ing study results that show low er , insignificant

, or no impacts , or “positiv e” biological response s from the effects of ocean acidification

. This bias exaggerates the magnitude and scale of ocean acid acidification.



##  misquotes or overstates study results without appropriately discuss ing uncertainties, inappropriate experimental de signs and low statistical power in the majority of studies

.



##  disregards that the natural variation in pCO 2 and pH in coastal waters often exceeds the projected change and findings in experiments

.



##  neglects to consider that future pCO 2 and pH in coastal waters and on the continental shelf regions will differ greatly from model predictions of ocean pH due to influences not included in the models (e.g., from watersheds, local sources etc.).



##  fails to consider the potential for biological adaptation to higher pCO 2 and pH reduction as demonstrated in growing literature

.



##  i ncludes a b ibliography that is of limited utility because 7 4 of the cited papers/reports are not included in the bibliography.



### The p etition neglects that pCO 2 

### and pH var iation and trends in coastal waters differ profoundly from trends in deep ocean waters

- yet several examples o f ocean acidification impacts in the p etition build on examples from coastal or shelf waters

. Variation and trends in pH in coastal ecosystems are influenced by a large suite of drivers including but not limited to the following: 1) watershed processes ; 2) nutrient inputs ; 3) changes in ecosystem structure and processes (Duarte et al. 2013) ; and 4) emissions of SO 2 and NO X from international shi pping activity ( Hassellöv et al. 2013 ).

Th is inherent variability and its multiple, complex associations with pH implies that the concept of o cean

a cidification caused by anthropogenic CO 2 emissions cannot be transposed directly to coastal ecosystems (Duarte et al. 2013).September 2015

Report No. 1537019 2 D epending on the location

- specific balance among different drivers , the pH of s ome coastal ecosystems will decline while the pH of others will increase

. For example:



##  I n the mid

- Atlantic, the pH trends in Ch esapeake Bay differ by season and the influence of freshwater (Waldbusser et al. 2011).



##  I n Europe, the pH of the s outhern North Sea and in the Danish Straits peaked at 8.3 around 1980

- 1985 when localized eutrophication 1 was a t its highest level

. H owever , since then

, pH has decreased

- at a rate 10 times higher than acidification in the Pacific Ocean

- as a result of nutrient management actions and a reversal of eutrophication in coastal waters (Duarte et al. 2013).



##  Diurnal variation can exceed 1.5 pH un its in shallow benthic systems populated by seagrass and macroalgae (Duarte et al. 2013, Table 2) underlining that sessile organisms (i.e. permanently attached to a solid substrate) in such habitats are adapted to short

- term yet recurring variation in pH t hat majorly exceeds the predicted change in a future ocean.

Because of very coarse spatial resolution in oceanographic models (typically 100 km x 100 km) m odel predictions of future effects of ocean acidification (incl uding aragonite saturation) do not resolve the issue of pH variability found in coastal waters . M oreover , these models tend to not to include watershed drivers. In summary, we cannot rely on present ocean models to predict future changes in pH and aragonite s aturation in coastal waters , or vice versa

.



### The petition s exaggerate ocean acidification impacts by neglecting study results showing low er, insignificant, or no impacts ; or “positive” biological re sponse s

. The petition p resents a biased impression by only referring to studies showing negative biological response
to ocean acidification (pH

- reduction, pCO 2 increase) . The petit i oners have essentially “cherry

- pick ed ” published information showing the highest impacts and neglecting another important group of studies showing 1) low er impacts, 2) insignificant impacts, 3) no response or 4) "positive" biological response s

.



##  Appendix A to these comments list s 28 examples of peer

- reviewed journal articles (with abstracts) that do not appear in p etition and are l argely neglected in the petitioner’s ocean acidification literature review.



##  Appendix B to these comments lists 6 examples where the petitioner exaggerates ocean acidification studies by selecting studies with maxim al impacts; or misquoting or overstating study results.

App endix C lists cited papers /reports in the petition that are not listed in the bibliography

. In total

, there were 90 citations referring to 7 4 papers/reports not listed in the bibliography

. Lack of information on exact publications cited make s it difficult to examine concurrence between the petition on the one hand

- and the primary study results and the authors ’ interpretation of their own results on the other.



### The majority of ocean acidification experiments are improperly designed to address the complexity of ocean ecosystems and air interactions; consequently, their results should be viewed with caution.
The number of published scientific papers on ocean acidification has increased recently, with an annual growth of 33% each year from 2004

– 2013. Statistically, they can be broken down as follows:



##  Between 50% and 60% of the publications have focused on “impacts” (Scopus database search 2 ) to species (ranging from single cell organism to vertebrates), popul ations and communities.

1 Eutrophication refers to the over

- enrichmentof an ecosystem from inorganic nutrients. This leads to increased algal production and CO 2 depletion that then can drives up pH.

2 www.scopus.com

- Online database available to Elsevier costumers. Wi thin life science, the search basis includes more than 7.300 titles (journals, books).September 2015

Report No. 1537019 3

o About 25% of the “impact” studies are based on observational in situ data (e.g. coral bleaching, coral and shell corrosions/dissolutions) combined with either site

- observations of pH, dissolved CO 2 or trends in such variables alon g with atmospheric pCO 2 obtained from other sites (Scopus database search).

o About 75 % of “impact” studies are experimental in nature ranging from phytoplankton growth experiments carried out in small containers to large mesocosms (experimental tools used rarely where conditions such as pH, pCO 2 , temperature, salinity, light, and mixing can
be controlled )

.
Regarding the first 25% of the impact studies

, ocean acidification research relying on in situ observations (e.g. shell dissolu tions/corrosion) and correlative analysis to physico

- chemical conditions is by its very nature associated with high uncertainty. This is because multiple confounding factors such as local sources can affect pCO 2 and pH and/or local hydrographic processes (upwelling, mixing) can amplify or counteract acidification signals

. Consequently, sustained local (and regional scale) monitoring (pH, pCO 2 , temperature etc.) is of paramount importance (e.g.

, Reum et al. 2014) in understanding any patterns

. Regarding t he other 75% of the impact studies, taking the ex situ experimental approach

, the quality of many studies is questionable at best. Significant concerns include incomplete description s of experimental conditions, insufficient experimental design s and poor documentation of essential exposure conditions (e.g.

, pH, pCO 2 , temperature and salinity) such that the relevance of the studies to the conditions in the field cannot be estimated.

One recent assessment ( that is not mentioned in the petition)

, Cornwall & Hurd ( 2015)

, evaluated 465 peer

reviewed ocean acidification studies between 1993 and 2014 against a “checklist” defining appropriate experimental conditions to arrive at reliable results. The checklist included (but was not limited to):



##  how se awater carbonate chemistry was manipulated and characterized in tanks (Dickson 2010; Gattuso et al. 2010) ; and



##  to what extent true replicate exposures (as opposed to pseudo

- replicat es) were applied (Hurlbert 1984)

.
Cornwall and Hurd found that most researchers did not follow internationally accepted procedures to ensure quality and thereby impeded the reliability of the results. As Cressey states: “ Only in 27 cases could they (Cornwall and Hurd) be certain that an appropriate experi mental design had been used, and in 279 cases, the design was clearly inappropriate. The remaining studies had insufficient detail on experimental set

- up ” (Cressey 2015). The high percentage of non

- ideal experiments does not completely disqualify the vali dity of their results, but should lead to a cautious use of such results for policy or regulatory decisions, such as setting environmental targets.

Cornwall & Hurd (2015) did not evaluate statistical power in their analysis of ocean acidi f ication publicati ons; however, with less than 2.5 experimental units per treatment (true replicates or pseudo

- replicates) on
average ; it is our opinion that statistical power in the 465 studies must have been much lower than the usual target at 0.8

. The statistical power is expressed as "1

- β", where β expresses the probability of "type II errors" (also called the false negative rate), i.e. the risk that we (incorrectly) evaluate an unaffected organism to be affected in an experiment. Many scientists seem confident if their experiments show a significant difference (at α = 0.05) between control and treatment, but if power is low

, the likelihood that a statistically significant result reflects a true effect will be low. In contrast to most ocean acidification experiment s, the number of true replicates is high (typically 5) and/or number of test concentrations is high (typically 8) in aquatic ecotoxicological standard tests carried out under Good Laboratory Practice ( GLP ) following OECD, EPA and ISO guidelines

. S tandardized test protocols, extensive documentation, high statistical power and thus confidence of results are required for supporting regulatory frameworks such as developing environmental quality standards

.September 2015

Report No. 1537019 4 

### Physiological plasticity and shock effects

I n the majority of ex situ experiments (i.e., laboratory

- based)

, test animals are transferred abruptly from control conditions to tanks with reduced pH (increased CO 2 conc entrations ) . These sudden transfers may create inherent shock

- effect s exceeding or ov ershadowing effects of a gradual change in seawater chemistry depending on the coping ability of an organism

. For example, v ertical migrating copepods naturally are exposed to large variation in seawater chemistry

, and accordingly

, are more likely to adap t to relatively rapid pH

- CO 2 changes (Lewis et al. 2013)

. In contrast, sedentary benthic organisms are less robust

- with larvae stage s and calcifiers such as corals, molluscs, echinoderms generally being the most sensitive even though large inter

- group v ariation in sensitivity exists (Byrne 2011)

. Some studies suggest capacity for a physiological acclimation because the sensitivity to lowered pH becomes reduced if certain organisms ( e.g. , isopod s , coralline algae ) are exposed gradually to lowered pH rather than exposed to an abrupt change (e.g.

, Munguia & Alenius 2013 , Kamenos et al. 2013 )

. Implications for impact predictions may be important and such mechanisms should be further examined before they are relied on for regulatory decisi ons.



### Meta

- analysis of Ocean Acidification experiments

Meta

- analysis of ocean acidification research has become increasingly popular in the past 4

- 5 years ( Dupont et al. 2010, Hendriks et al. 2010, Kroeker et al. 2010, Liu et al. 2010, Kroeker et al. 2013, Harvey et al. 2013, De Vries et al. 2013, Azevedo et al. 2015)

. Meta

- analysis can be seen as an advanced approach to synthesize results from previous ocean acidification research and ultimately achieve a higher statistical power for impacts of interest. The majority of meta

- analyses quantify the response (as % of control) to increases in pCO 2 or reduction in pH within a limited exposure range

- e.g. pH ≤ 0.5 or future levels complying with the IPCC "business

- as

- usual" prediction for year 2100. In contr ast, two studies ( De Vries et al. 2013, Azevedo et al. 2015 ) attempted to estimate dose

- response relations using Species Sensitivity Distribution (SSD) functions. SSD s are used extensively within ecotoxicology to predict no

- effect concentrations or estima te the percentage of species affected at a specific pCO 2 concentration or pH level. I n performing reviews and meta

- analyses, scientists must make several choices (e.g.

, how to select studies

, what endpoints to analyze ) and many of those choices can determine the outcome of analysis.

A serious potential pitfall is an uncritical reliance on the available body of published studies (e.g.

, including
peer

- reviewed papers only) . This may lead to exaggerated ocean acidification effects due to so

- called

" p ublication bias"

- meaning that experiments with insignificant (or negative) results are less likely to be published in peer

- reviewed literature (Song et al. 2010)

. Kroeker et al. ( 2013 ) and Harvey et al. ( 2013 ) did consider publication bias although spec ific test results such as “funnel” plot was not presented. Other choices in data handling can also influence final conclusions

- e.g., in the meta

- analysis carried out by Azevedo et al. (2015)

, the highest levels of pH for a given impact (pH 10 and pH 50 , a ffecting 10% and 50% of a process, survival etc., respectively) was selected when more than one dose

- response relation was available for a species. Such an approach will tend to exaggerate effects of acidification.



### Long

- term projections of impacts should take adaptive capacity into account

. The majority of ocean acidification studies and practically all reviews on ocean acidification refer to future impact based on short

- term studies with seawater chemistry in a future environment (year 2100) following th e IPCC A1FI 3 ( worst

- case scenario )

- i.e., pH = 7.6 in the world oceans. If this approach is accepted, that decision should be made with the recognition that it will likely lead to a projection of massive adverse impacts to marine life from ocean acid i fic ation . See e.g., reviews by Dupont et al. 2010, Liu et al. 2010, Kroeker et al. 2013, De Vries et al. 2013, Azevedo et al. 2015 showing up to 80 % reduction in abundance of calcifying algae, or up 50 % reduction in coral abundance and so forth

. However

, scientists in the se primary studies have abruptly exposed today ’ s test organisms to an assumed future seawater chemistry

3 Scenario A1FI ( very rapid economic growth, global population that peaks in mid

- century and declines thereafter, followed by rapid introduction of new and more efficien t technologies; extensive use of fossils).September 2015

Report No. 1537019 5 without accounting for the interim changes and adaptation periods that would take place in the real world. It is therefore not surpri sing that they “observed” adverse effects including increased mortality, reduced growth and calcification rates in short

- term experiments.

Th e above approach has been criticized for neglect ing both physiological plasticity (see above) and genetic adaptat ion ( Kelly & Hofmann 2012, Kelly et al. 2013, Collins et al. 2014). For example, large population size and a large gene pool in a species or genus are signs of potential adaptation through evolution (Reusch 2014). Marine phytoplankton is thought to pos s es s key character istic s, such as rapid cell division rates and large population sizes that give them the capacity to evolve in response to global change on timescales of weeks to decades. Previously, the general view was that an increase in CO 2 leads to i nefficient calcification in coccolithophores ( thereby affecting the biological pump, i.e. the transfer by sedimentation of CaCO 3 to the deep sea ). However, more r ecently, well

- calcified morphotypes of coccolithophores have been found in low pH regions of the ocean (Beaufort et al. 2011) and after culturing the wide

- occurring coccolithophore Emiliania huxleyi over more than 700 generations at high pCO 2 and elevated temperature

, inorganic carbon content, primary production and calcification rate did not differ from present (ambient) conditions ( Benner et al. 2013) . These newer studies suggest that adaptive evolutionary change can take place across year

- to

decade timescales

.
Rec ent studies in the “ California Current Large Marine Ecosystem ” h ave documented adaptation to elevated pCO 2 in several benthic marine invertebrates at sites characterized by episodic upwelling of cold

, low

- pH
water under

- saturated with CaCO 3 (Hofmann et al. 2014)

. ( F or example, larvae of a key sea urchin species collected in areas characteri z ed by upwelling and variable pCO 2 had more resilient metabolic responses to pCO 2 than larvae from other regions with stable conditions (Kelly et al. 201 3) )

. A ddition ally , significant genetic changes were observed in larvae from seven adult populations of the sea urchins cultured under different CO 2 levels (Pespeni et al. 2013). Changes were found in genes for bio

- mineralization, lipid metabolism, and ion homeostasis

- gene classes that build skeletons and participate in pH regulation

, indicating that genetic changes (and adaptation) can occur within one generation exposed to elevated pCO 2 (Pespeni et al. 2013)

. Other examples of succes sful adaptation to increased pCO 2 include non

- calcifying polychaetes ( Calosi et al. 2015)

.
Although examples from the marine environment are few

, wider climate adaptation via evolution ary processes has been documented in the terrestrial environment (Hoffmann and Sgrõ 2011). The real challenges are to understand and predict which species and traits will be able to adapt (tho se with large genetic variation or large population size ) and those with low adaptation potential

. Species and populations interact with other species and populations through competition for space and food, through predation and so forth

. Probably it will be climate

- induced modification of interactions rather than direct (proxim ate) effect of acidification on individuals that can lead to local extinction of species (Gaylord et al. 2015). The knowledge in this field is rather limited and instead of relying primarily only on physiological effects and mortality in short

- term ocean acidification experiments

, research efforts may be better spen t on careful ly planned combined scientific studies that also allow for acclimation to take place and consider other localized variables

.



## 3.0 CONCLUSION

Lowering of pH in the oceans is driven , in part, by the ongoing increase in CO 2 emission to the atmosphere and subsequent CO 2 absorption in oceans. Based on most studies

, lowered pH in a future ocean suggests impacts on marine organisms, their physiology and survival

– especially for those that bu ild shells of calcium carbonate. Ocean acidification was recognized rather late and the associated research field must be regarded as immature with several unsolved questions that partly can be traced to improper study methods leading to conflicting predi ctions on future (at lower pH in oceans) impacts on marine life. As an example, most impact studies have abruptly exposed test organisms to a future seawater chemistry without accounting for the interim changes and adaptation periods that would take place in the real world. But even comparable studies exposing identical species to identical pH conditions find conflicting results. RecentSeptember 2015

Report No. 1537019 6 reviews have clearly documented that the vast majority of ocean acidification studies are characterized by improper exp erimental design that invariabl y will weaken the confidence of their study results.

The petition presents a distinctly biased view on impacts of ocean acidification by neglecting the uncertainties inherently being a consequence of improper study designs i n most ocean acidification experiments; completely overlooking the peer

- reviewed research that contradict the results from the “mainstream” ocean acidification; “cherry

- pick ing ” study results that show the largest effects of pH reductions; and ignor ing the growing number of studies that show clear examples of adaptation to lowered pH.



## 4.0 CITED LITERATURE

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Benner I, Diner RE, Lefebvre SC, Li D, Komada T, Carpenter EJ, Stillman JH (2013) Emiliania huxleyi increases calcification but not expression of calcification

- related genes in long

- term exposure to elevated temperature and p CO 2 . Phil Trans R Soc B 368: 20130049.

Byrne M (2011) Impact of ocean warmin g and ocean acidification on marine invertebrate life history stages: vulnerabilities and potential for persistence in a changing ocean. Oceanography and Marine Biology: An Annual Review 49: 1

– 42.

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, Rastrick SPS

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Collins S, Rost B, Rynearson TA (2014) Evolutionary potential of marine phytoplankton under ocean acidification. Evol Appl. 7(1): 140

– 155.

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– 19 (06 August 2015) doi:10.1038/524018a

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D e Vries P, Tamis JE, Foekema EM, Klok C, Murk AJ (2013) Towards quantitative ecological risk assessment of elevated carbon dioxide lev els in the marine environment. Mar. Pollut. Bull. 73 (2): 516

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Dickson, AG. 2010. The carbon dioxide system in seawater: equilibrium chemistry and measurements. In (Eds: Riebesell U, Fabry VJ, Hansson L, Gattuso JP): Guide to best p ractices for o cean a cidification

r esearch and d ata r eporting, pp. 17

– 40. Publications Office of the European Union, Luxembourg.

Duarte CM, Hendriks IE, Moore TS, Olsen YS, Steckbauer A, Ramajo L, Carstensen J, Trotter JA, McCulloch M. (2013) Is ocean acidification an open

- ocean syndrome? Understanding anthropogenic impacts on seawater pH. Estuar. Coast. 36 : 221

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- Martinez O, Thorndyke M (2010) Impact of ne ar

- future ocean acidification on echinoderms. Ecotoxicology 19: 449

– 462.

Gattuso JP, Gao K, Lee K, Rost B, Schulz KG (2010) Approaches and tools to manipulate the carbonate chemistry. In (Eds: Riebesell U, Fabry VJ, Hansson L, Gattuso JP): Guide to best p r actices for o cean

a cidification r esearch and d ata r eporting , pp. 41

– 51. Publications Office of the European Union, Luxembourg.September 2015

Report No. 1537019 7 Gaylord B, Kroeker KJ, Sunday JM, Anderson KM, Barry JP, Brown NE, Connell SD, Dupont S, Fabricius KE, Hall

- Spensen JM, Klinger T, Milazzo M, Munday PL, Russell BD, Sanford E, Schreiber SJ, Thiyagarajan V, Vaughan MLH, Widdicombe (2015) Ocean acidification through the lens of ecological theory. Ecology 96(1): 3

– 15

. Harvey BP, Gwynn

- Jones D, Moore PJ (2013) Meta

- analysi s reveals complex marine biological responses to the interactive effects of ocean acidification and warming

. Ecology and Evolution 3(4): 1016

– 1030

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me ta

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Hassellöv I

- M, Turner DR, Lauer A, Corbett JJ (2013) Shipping contributes to ocean acidi fi cation, Geophys. Res. Lett. 40 : 2731

– 2736, doi:10.1002/grl.50521.

Hofmann GE, Evans TG, Kelly MW, Padil la

- Gamino JL, Blanchette CA, Washburn L, Chan F, McManus MA, Menge BA, Gaylord, B, Hill TM, Sanford E, LaVigne M, Rose JM, Kapsenberg L, Dutton JM (2014) Exploring local adaptation and the ocean acidification seascape

– studies in the California Current La rge Marine Ecosystem. Biogeosciences 11: 1053

– 1064

. Hoffmann AA and Sgrõ , CM (2011) Climate change and evolutionary adaptation. Nature 470: 479

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. Hurlbert SH (1984) Pseudoreplication and the design of ecological field experiments. Ecological Monographs 54: 187

– 211.

Kamenos NA et al. (2013) Coralline algal structure is more sensitive to rate, rather than the magnitude, of ocean acidification. Global Change Biology 19: 3621

– 3628

. Kelly MW, Hofmann, GE (2012) Adaptation and the physiology of ocean acidification. Funct Ecol. 27: 980

– 990.

Kelly MW, Padilla

- Gamiño JL, Hofmann GE (2013) Natural variation, and the capacity to adapt to high pCO 2 in a keystone species. Global Change Biol., 19, 2 536

– 2546

. Kroeker KJ, Kordas RL, Crim RN, Singh GG (2010) Meta

- analysis reveals negative yet variable effects of ocean acidification on marine organisms. Ecology Letters 13: 1419

– 1434.

Kroeker et al. (2013) Impacts of ocean acidification on marine organism s: quantifying sensitivities and interaction with warming. Global Change Biology 19: 1884

– 1896

. Lewis CN, Brown KA, Edwards LA, Cooper G, Findlay HS (2013) Sensitivity to ocean acidification parallels natural pCO 2 gradients experienced by Arctic copepods u nder winter sea ice. PNAS 110 no. 51 E4960

- E4967

. Liu J, Weinbauer MG, Maier C, Dai M, Gattuso J

- P (2010) Effect of ocean acidification on microbial diversity, and on microbe

- driven biogeochemistry and ecosystem functioning. Aquatic Microbial Ecology 61: 291

– 305.

Munguia P, Alenius B (2013) The role of preconditioning in ocean acidification experiments: a test with the intertidal isopod Paradella dianae . Marine and Freshwater Behaviour and Physiology 46(1): 33

- 44, DOI: 10.1080/10236244.2013.788287.

Pespeni MH, Sanford E, Gaylord BV, Hill TM, Hosfelt JD, Jaris HK, LaVigne M, Lenz EA, Russell AD, Young MK, Palumbi SR (2013) Evolutionary change during experimental ocean acidification. Proceedings of the National Academy of Sciences USA 110: 6937

– 6942.

Reum JCP , Alin SR, Feely RA, Newton J, Warner M, McElhany P (2014) Seasonal carbonate chemistry covariation with temperature, oxygen, and salinity in a fjord estuary: Implications for the design of ocean acidification experiments. PLoS ONE 9(2): e89619. doi:10.137 1/journal.pone.0089619

. Reusch TBH (2014) Climate change in the oceans: evolutionary versus phenotypically plastic responses of marine animals and plants. Evol Appl. 7(1): 104

– 122

.September 2015

Report No. 1537019 8 Song F, Parekh S, Hooper L, Loke YK, Ryder J, Sutton AJ (2010) Disseminatio n and publication of research findings: an updated review of related biases. Health Technol. Assess. 2010; 14 (8):iii, ix

– xi.

Waldbusser GG, Voigt EP, Bergschneider H, Green MA, Newell RI (2011) Biocalcification in the eastern oyster ( Crassostrea virginica ) in relation to long

- term trends in Chesapeake Bay pH. Estuaries and Coasts 34(2): 221

– 231.September 2015

Report No. 1537019 

# Report Signature Page

GOLDER ASSOCIATES A/S

Hans Christian Krarup Director

Registered in Denmark at Maglebjergvej 6, 1. sal, DK

- 2800 Kgs. Lyngby, Denmark. CVR 29 62 42 24

Golder, Golder Associates and the GA globe design a re trademarks of Golder Associates Corporation.

z: \ projekt \ 2015 \ 1537019

- api, ocean acidification \ 4 rapportering \ golder ocean acidification final.docxSeptember 2015

Report No. 1537019 

# APPENDIX A

28 examples of recent peer

- reviewed papers (2010

- 2015) sh owing low er , insignificant, or no impacts ; or “positive” biological response s from the effects of ocean acidification and which are not included in petition

.September 2015

Report No. 1537019 The p etition presents a biased impression by only referring to studies showing negative biological response s to ocean acidification (pH

- reduction, pCO 2 increase), generally choosing published information showing the highest impacts and neglecting the group of studies showing low er , insignificant, or no impacts; or "positive" biological response. To demonstrate that low

- response studies were excluded in the petition, a literature search 4 was conducted of ocean acidification studies published in peer

- reviewed journals and the search identified 28 studies out of approximately 2 2 0 (encompassing clear information of ocean acidification

- pCO 2

– pH impacts or no impacts in abstracts) showing low er , insignificant

, or no imp acts; or “positive” biological
response s

. Stud

y conclusions are shown in Bold. The Impact Factor (a measure of h ow frequently published papers are cited in scientific literature) of listed and not cited papers vary between 1.12 and 28.1

.

Summaries of Abstract s Reference

1. The authors examined how the physiology of the giant kelp Macrocystis pyrifera is affected by elevated pCO 2 /low pH. Growth and photosynthetic rates, external and internal carbonic anhydrase (CA) activity, HCO 3 - versus CO 2 use were determined over a 7

- day incubation at ambient pCO 2 400 μatm/pH 8.00 and a future OA treatment of pCO 2 1200 μatm/pH 7.59. Neither the photosynthetic nor growth rates were changed by elevated CO 2 supply in the OA treatment. Our results suggest that photosynthetic Ci uptake and growth of Macrocystis will not be affected by elevated pCO 2 /low pH predicted for t he future, but the combined effects with other environmental factors like temperature and nutrient availability could change the physiological response of Macrocystis to OA. Fernández PA, Roleda MY, Hurd CL (2015) Effects of ocean acidification on the pho tosynthetic performance, carbonic anhydrase activity and growth of the giant kelp Macrocystis pyrifera . Photosynthesis Research 124 (3): 293

- 304

(impact factor 2014: 3.50)

2. This study tested the ability of coral heterotrophy to mitigate reductions in growth due to climate change stress in the critically endangered Caribbean coral Acropora cervicornis via changes in feeding rate and lipid content. Corals were either fed or unf ed and exposed to elevated temperature (30°C), enriched pCO 2 (800 ppm), or both (30°C/800 ppm) as compared to a control (26°C/390 ppm) for 8 weeks. Feeding rate and lipid content both increased in corals experiencing OA vs. present

- day conditions, and were significantly correlated. Fed corals were able to maintain ambient growth rates at both elevated temperature and elevated CO 2 , while unfed corals experienced significant decreases in growth with respect to fed conspecifics. Our results show for the first time that a threatened coral species can buffer OA

- reduced calcification by increasing feeding rates and lipid content. Towle EK, Enochs IC, Langdon C (2015) Threatened Caribbean coral is able to mitigate the adverse effects of ocean acidification on calci fication by increasing feeding rate. PLoS ONE 10 (4), e0123394

(impact factor 2013/14: 3.53)

3. The goal of the present study was to assess the long

- term impact of ocean acidification on a suite of physiological parameters of the sea urchin Echinometra mathaei in more realistic food conditions. A long

- term experiment was conducted in mesocosms provided with an artificial reef in which the urchins principally fed on algae attached to the reef calcareous substrate. Contrasted pH conditions (pH 7.7 vs contr ol) were established gradually over six months and then maintained for seven more months. Acid

- base Moulin L, Grosjean P, Leblud J, (...), Collard M, Dubois P (2015) Long

term mesocosms study of the effects of ocean acidification on growth and physiology of the sea urchin Echinometra math aei . Marine Environmental Research 103: 103

-

4 www.scopus.com (search term: ”ocean acidification ” and (growth or calcification or mortality or survival or acclimation or adaptation).September 2015

Report No. 1537019 parameters of the coelomic fluid, growth and respiration rate were monitored throughout the experiment. Results indicate that E.mathaei should be able to re gulate its extracellular pH at long

- term, through bicarbonate compensation

. Growth, respiration rate and mechanical properties of the test were not affected. This ability to resist OA levels expected for 2100at long

- term could determine the future of coral reefs, particularly reefs where E.mathaei is the major bioeroder

. 114

(impact factor 2014: 2.33)

4. A 7

- month CO 2 perturbation experiment was performed on one of the most CaCO 3 dependent species, the Antarctic brachiopod Liothyrella uva , which inhabits the Southern Ocean where carbonate ion saturation levels are amongst the lowest on Earth. The effects of the predicted environmental conditions in 2050 and 2100 on the growth rate and ability to repair shell in L. uva were tested with four treatments; a low temperature control (0°C, pH 7.98), a pH control (2°C, pH 8.05), mid

- century scenario (2°C, pH 7.75) and end

- century scenario (2°C, pH 7.54). Environmental change impacts on shell repair are rarely studied, but here repair was not affect ed by either acidified conditions or temperature. Growth rate was also not impacted by low pH

. Elevated temperature did, however, increase growth rates. The ability of L. uva to continue, and even increase shell production in warmer and acidified seawater suggests that this species can acclimate to these combined stressors and generate suitable conditions for shell growth at the site of calcification. Cross EL, Peck LS, Harper EM (2015) Ocean acidification does not impact shell growth or repair of the Antar ctic brachiopod Liothyrella uva (Broderip, 1833). Journal of Experimental Marine Biology and Ecology 462: 29

- 35

(impact factor 2014: 1.87)

5. The authors evaluated the impact of ocean acidification on the early development of sea cucumber Apostichopus ja ponicus . The effect of pH

- levels (pH 8.04, 7.85, 7.70 and 7.42) were tested on post

- fertilization success, developmental (stage duration) and growth rates. Post

- fertilization success decreased linearly with pH leading to a 6% decrease at pH 7.42 as compared to pH 8.1. The impact of pH on developmental time was stage

- dependent: (1) stage duration increased linearly with decreasing pH in early

auricularia stage; (2) decreased linearly with decreasing pH in the mid

- auricularia stage; but (3) pH decline had no effect on the late

auricularia stage. At the end of the experiment, the size of doliolaria larvae linearly increased with decreasing pH. In conclusion, a 0.62 unit decrease in pH had relatively small effects on A. japonicus early life

- history compar ed to other echinoderms, leading to a maximum of 6% decrease in post

- fertilization success and subtle effects on growth and development. Yuan X et al. (2015) Impact of CO 2 - driven acidification on the development of the sea cucumber Apostichopus japonicus (Selenka) (Echinodermata: Holothuroidea). Marine Pollution Bulletin 95 (1): 195

- 199

.

(impact factor 2013/14: 2.79)

6. The ecological, physiological, and skeletal characteristics of the calcifying green alga Halimeda grown at CO 2 seeps (pH

- total~7.8)

wa s investigated and compared them to those at control reefs with ambient CO 2 conditions (pHtotal~8.1). Six species of Halimeda were recorded at both the high CO 2 and control sites. For Halimeda digitata and Halimeda opuntia in situ light and dark oxygen fluxes and calcification rates, carbon contents and stable isotope Vogel N et al. (2015) Calcareous
green a lga Halimeda tolerates ocean acidification conditions at tropical carbon dioxide seeps. Limnology and Oceanography 60 (1): 263

- 275September 2015

Report No. 1537019 signatures were determined. In both species, rates of calcification in the light increased at the high CO 2 site compared to controls (131% and 41%, respective ly). Calculated net calcification of both species was similar between seep and control sites. Significantly, lighter carbon isotope signatures of H. digitata and H. opuntia phylloids at high CO 2 (1.01 ppt and 1.94 ppt, respectively) indicate increased phot osynthetic uptake of CO 2 over HCO 3 - potentially reducing dissolved inorganic carbon limitation at the seep site. Moreover, H. digitata and H. opuntia specimens transplanted for 14 d from the control to the seep site exhibited similar δ13C signatures
as spec imens grown there. These results suggest that the Halimeda spp. investigated can acclimatize and will likely still be capable to grow and calcify in pCO 2 conditions exceeding most pessimistic future CO 2 projections. (impact factor 2014: 3.79)

7. The study focused on Crepidula fornicata , an invasive gastropod which colonized shallow waters around European coasts during the 20th century. Authors investigated the effects of 10 weeks' exposure to current (380 μatm) and elevated (550, 750, 1,000 μatm) pCO 2 on this engineer species using an a cute temperature increase (1°C 12 h - 1 ) as the test. Respiration rate in C. fornicata increased linearly with temperature between 18 and 34 °C, but no differences were detected between the different pCO 2 conditions either in the regressions between respirat ion rate and temperature or in Q 10 values. In the same way, condition indices were similar in all the pCO 2 treatments at the end of the experiment, but decreased from the beginning of the experiment. This species was highly resistant to acute exposure to h igh temperature regardless of pCO 2 levels , even though food was limited during the experiment. Crepidula fornicata appears to have either developed resistance mechanisms or a strong phenotypic plasticity to deal with fluctuations of physicochemical paramet ers in its habitat. This suggests that invasive species may be more resistant to future environmental changes than its native competitors. Noisette F et al. (2015) Metabolic responses to temperature stress under elevated pCO 2 in Crepidula fornicate . Journa l of Molluscan Studies 81 (2): 238

- 246

(impact factor 2014: 1.39)

8. The effect of ocean warming and acidification was investigated on a natural plankton assemblage from an oligotrophic area, the bay of Villefranche (NW Mediterrean Sea). U nder nutrient

depleted conditions in the Mediterranean Sea [ control: 360 μatm, elevated temperature and p CO 2 : ∼ 410 μatm & 610 μatm
, respectively]
, ocean acidification has a very limited impact on the plankton community but that small species will benefit from warming with a potential decrease of the export and energy transfer to higher trophic levels. Maugendre et al. (2015) Effect of ocean warming and acidification on a plankton community in the NW Mediterranean Sea. I CES J. Mar. Sci.
72 (6): 1744

- 1755.

(impact factor 2014/15: 2.53)

9. Authors carried out 3 experiments on the larvae of mahi

- mahi Coryphaena hippurus , a large pelagic tropical fish species of high economic value. Mahi

- mahi larvae were raised for up to 21 d under either ambient seawater conditions (350 to 490 μatm pCO 2 ) or projected scenarios of ocean acidification (770 to 2170 μatm pCO 2 ). Evaluation of hatch rate, larval size, development, Bignami, S., Sponaugle, S., Cowen, R.K. (2014) Effects of ocean acidification on the larvae of a high

value pelagic fisheries species, Mahi

mahi Coryphaena hippurus . AquaticSeptember 2015

Report No. 1537019 swimming activity, swimming ability (Ucrit), and otolith (ear
ston e) formation produced few significant effects . However, larvae unexpectedly exhibited significantly larger size

- at

- age and faster developmental rate during 1 out of 3 experiments, possibly driven by metabolic compensation to elevated pCO 2 via a correspondi ng decrease in routine swimming velocity. Furthermore, larvae had significantly larger otoliths at 2170 μatm pCO 2 , and a similar but non

- significant trend also occurred at 1200 μatm pCO 2 , suggesting potential implications for hearing sensitivity. The lack of effect on most variables measured in this study provides an optimistic indication that this large tropical species, which inhabits the offshore pelagic environment, may not be overly susceptible to ocean acidification. Biology 21 (3): 249

- 260

(impact factor 2014: 1.12)

10. The authors examined the photosynthetic physiology of Phaeo cystis globosa while growing it under different pH levels induced by CO 2 enrichment and investigated its acclimation to carbonate chemistry changes under different light levels. Shor t

term exposure to reduced pH (7.70) decreased the alga's photosynthesis and light use efficiency. However, acclimation to the reduced pH level for 1

- 19 generations led to recovered photosynthetic activity, being equivalent to that of cells grown under pH 8.07 (control), though such a cclimation required a different time span under different light regimes. The low

- pH

grown cells increased their contents of chlorophyll and carotenoids with prolonged acclimation to the acidification, with increased photosynthetic quantum yield and decreas ed non

- photochemical quenching. The specific growth rate of the low

- pH

- grown cells also increased to emulate that grown under the ambient pH level. This study clearly shows that Phaeocystis globosa is able to acclimate to seawater acidification by increasi ng its energy capture and decreasing its non

- photochemical energy loss

. Chen S, Beardall J, Gao K (2014) A red tide alga grown under ocean acidification upregulates its tolerance to lower pH by increasing its photophysiological functions. Biogeosciences 11 (17): 4829

- 4838

(impact factor 2013/14: 3.98)

11. T he blue mussel, Mytilus galloprovincialis

, was used as a model species to test how ocean acidification affects the growth of a calcifying invertebrate across a wide range of temperatures encompassing their thermal optimum. Mussels were exposed in the laboratory to a factorial combination of low and high pCO 2 (400 and 1200 μatm CO 2 ) and temperatures (12, 14, 16, 18, 20, and 24°C) for one month. Results indicate that the effects of ocean acidification on shell growth are highly dependent on temperature. Although high CO 2 significantly reduced mussel growth at 14°C, this effect gradua lly lessened with successive warming to 20°C, illustrating how moderate warming can mediate the effects of ocean acidification through temperature's effects on both physiology and seawater geochemistry. Furthermore, the mussels grew thicker shells in warme r conditions independent of CO 2 treatment. Kroeker KJ et al. (2014). The role of temperature in determining species' vulnerability to ocean acidification: A case study using Mytilus galloprovincialis. PLoS ONE 9 (7), e100353

(impact factor 2013/14: 3.53)

12. T wo separate experiments showed that larval development of the barnacle Amphibalanus (Balanus) improvisus was not Pansch C, Schlegel P, and Havenhand J (2013) LarvalSeptember 2015

Report No. 1537019 significantly affected by the level of reduced pH that has been projected for the next 150 years . After 3 and 6 days of incubation, no consistent effects was found of reduced pH on developmental speed or larval size at pH 7.8 compared with the control pH of 8.1. After 10 days of incubation, there were no net changes in survival or overall development of larvae raised at pH 7.8 or 7.6 com pared with the control pH of 8.0. development of the barnacle Amphibalanus improvisus responds variably but robustly to near

- future ocean acidification. ICES Journal of Marine Science, 70: 805

– 811

(impact factor 2014/15: 2.53)

13. The study combined in situ study bleaching surveys around three tropical CO 2 seeps with a 2

- month two

- factor (CO 2 and temperature) tank experiment in order to investigate how ocean acidification and sea surface temperature ( SST ) affected the bleaching susceptibility of tropical reef corals. Surveys at CO 2 seep and control sites during a minor regional bleaching event gave little indication that elevated p CO 2 influenced the bleaching susceptibility of the wider coral community, the four most common coral families (Acroporidae, Faviidae, Pocilloporidae, or Poritidae), or the thermally sensitive coral species Seriatopora hystrix . In the tank expe riment, subletha l bleaching was observed at 31°C after 5 d in S. hystrix and 12 d in Acropora millepora , whereas controls (28°C) did not bleach . None of the measured proxies for coral bleach ing were negatively affected by elevated p CO 2 at pH T 7.79 (vs. 7.95 pH T in control s), equivalent to
∼ 780 μatm p CO 2 and an aragonite saturation state of 2.5. On the contrary, high
p CO 2 benefitted some photophysiological measures (although temperature effects were much stronger than CO 2 effects)

- maximum photosystem II quantum yields an d light

- limited electron transport rates increased in both species at high p CO 2 , whereas gross photosynthesis and pigment concentrations increased in S. hystrix at high p CO 2 . The field and laboratory data in combination suggest that OA levels up to a pH T of 7.8 will have little effect on the sensitivity of tropical corals to thermal bleaching. Noonan SHC & KE Fabricius (2015) Ocean acidification affects productivity but not the severity of thermal bleaching in some tropical corals. ICES J. Mar. Sci. (in p ress)

(impact factor 2014/15: 2.53)

14. Effects of OA on embryos and unfed larvae of the great scallop ( Pecten maximus Lamarck) were studied at pCO 2 levels of 469 (ambient), 807, 1164, and 1599 μatm until seven days after fertilization. OA affected both survival and shell growth negatively after seven days. Survival was reduced from 45% in the ambient group to 12% in the highest pCO 2 group . Shell length and height were reduced by 8 and 15%, respect ively, when pCO 2 increased from ambient to 1599 μatm. Development of normal hinges was negatively affected by elevated pCO 2 levels in both trochophore larvae after two days and veliger larvae after seven days. Results show that P. maximus embryos and earl y larvae may be negatively affected by elevated pCO 2 levels within the range of what is projected towards year 2250, although the initial drop in pCO 2 level may have overestimated the effect of the highest pCO 2 levels

. Andersen S, Grefsrud ES, Harboe T (20 13) Effect of increased pCO 2 level on early shell development in great scallop ( Pecten maximus Lamarck) larvae Biogeosciences 10: 6161

– 6184

(impact factor 2013/14: 3.98)

15. Calcifying organisms such as coccolithophores that fix and Benner I, Diner RE, Lefebvre SC, LiSeptember 2015

Report No. 1537019 export carbon into th e deep sea provide feedbacks to increasing atmospheric pCO 2 . Acclimation experiments suggest negative effects of warming and acidification on coccolithophore calcification, but the ability of these organisms to adapt to future environmental conditions is not well understood. The authors tested the combined effect of pCO 2 and temperature on the coccolithophore Emiliania huxleyi over more than 700 generations. Cells increased inorganic carbon content and calcification rate under warm and acidified conditions compared with ambient conditions, whereas organic carbon content and primary production did not show any change. In contrast to findings from short

term ex periments, our results suggest that long

- term acclimation or adaptation could change, or even reverse, negative calcification responses in E. huxleyi and its feedback to the global carbon cycle

. Genome

- wide profiles of gene expression using RNA

- seq reveale d that genes thought to be essential for calcification are not those that are most strongly differentially expressed under long

- term exposure to future ocean conditions. Rather, differentially expressed genes observed here represent new targets to study r esponses to ocean acidification and warming. D, Komada T, Carpenter EJ, Stillman J (2013) Emiliania huxleyi increases calcification but not expression of calcification

- related genes in long

term exposure to elevated
tem perature and pCO 2 . Phil Trans R Soc B 368: 20130049.

(impact factor 2014/15: 6.31)

16. While strong evidence suggests calcification by tropical reef

building corals containing algal symbionts (zooxanthellae) will decline over the next century, likely responses of azooxanthellate corals to ocean acidification are less well understood. Becaus e azooxanthellate corals do not obtain photosynthetic energy from symbionts, they provide a system for studying the direct effects of acidification on energy available for calcification. The solitary azooxanthellate orange cup coral Balanophyllia elegans often lives in low

- pH, upwelled waters along the California coast. In an 8

- month factorial experiment, we measured the effects of three pCO 2 treatments (410, 770, and 1220 μatm) and two feeding frequencies (3

- day and 21

- day intervals) on "planulation" (lar val release) by adult B. elegans, and on the survival, skeletal growth, and calcification of newly settled juveniles. Planulation rates were affected by food level but not pCO 2 . Juvenile mortality was highest under high pCO 2 (1220 μatm) and low food (21

- da y intervals). Feeding rate had a greater impact on calcification of B. elegans than pCO 2 . While net calcification was positive even at 1220 μatm (~3 times current atmospheric pCO 2 ), overall calcification declined by ~25

- 45%, and skeletal density declined by ~35

- 45% as pCO 2 increased from 410 to 1220 μatm. Aragonite crystal morphology changed at high pCO 2 , becoming significantly shorter but not wider at 1220 μatm. The authors conclu ded that food abundance is critical for azooxanthellate coral calcification, and that B. elegans may be partially protected from adverse consequences of ocean acidification in habitats with abundant heterotrophic food

. Crook ED, Cooper H, Potts DC, Lambert T and Paytan A (2013) Impacts of food availability and p CO 2 on planulation, juvenile survival, and calcification of the azooxanthellate scleractinian coral Balanophyllia elegans , Biogeosciences, 10: 7599

- 7608

(impact factor 2013/14: 3.98)

17. Marine bacteria are the main consumers of freshly produced organic matter. Many enzymatic processes involved in the bacterial dige stion of organic compounds were shown to be pH Endres S, Galgani L, Riebesell U, Schulz K

- G, Engel A (2014) Stimulated Bacterial Growth underSeptember 2015

Report No. 1537019 sensitive in previous studies. The authors studied the effects of elevated seawater pCO 2 on a natural plankton community during a large

- scale mesocosm study in a Norwegian fjord. Nine Kiel Off

Shore Mesocosms for Future Ocean Simulations (KOSMOS) were adjusted to different pCO 2 levels ranging initially from ca. 280 to 3000 μatm and sampled every second day for 34 days. The first phytoplankton bloom developed around day 5. On d ay 14, inorganic nutrients were added to the enclosed, nutrient

- poor waters to stimulate a second phytoplankton bloom, which occurred around day 20. These results indicate that marine bacteria benefit directly and indirectly from decreasing seawater pH. During the first phytoplankton bloom, 5

– 10% more transparent exopolymer particles were formed in the high pCO 2 mesocosms. Simultaneously, the efficiency of the protein

- degradingenzyme leucine aminopeptidase increased with decreasing pH resulting in up to three times higher values in the highest pCO 2 /lowest pH mesocosm compared to the controls. In general, total and cell

specific aminopeptidase activities were elevated under low pH conditions. The combination of enhanced enzymatic hydrolysis of organic matter and increased availability of gel particles as substrate supported up to 28% higher bacterial abundance in the high pCO 2 treatments. It was therefore con cluded that ocean acidification has the potential to stimulate the bacterial community and facilitate the microbial recycling of freshly produced organic matter, thus strengthening the role of the microbial loop in the surface ocean. Elevated p CO 2 : Results from an Off

Shore Mesocosm Study. PLoS ONE 9(6): e99228 doi:10.1371/journal.pone.0099228

(impact factor 2013/14: 3.53)

18. The aim of the study was to test the sensitivity of selected seaweed macrofoulers to transient elevation of pCO 2 in their natural microenvironment, i.e. the boundary layer covering the thallus surface of brown seaweeds. Fragments of the macroalga Fucus serratus bearing an epibioti c community composed of the calcifiers Spirorbis spiror bis (Annelida) and Electra pilosa (Bryozoa) and the non

- calcifier Alcyonidium hirsutum (Bryozoa) were maintained for 30 days under three pCO 2 conditions: natural 460 ± 59 μatm, present

- day upwelling119 3 ± 166 μatm and future upwelling 3150 ± 446 μatm. Only the highest pCO 2 caused a significant reduction of growth rates and settlement of S. spirorbis individuals. Additionally, S. spirorbis settled juveniles exhibited enhanced calcification of 40% duri ng daylight hours compared to dark hours, possibly reflecting a day

- night alternation of an acidification

- modulating effect by algal photosynthesis as opposed to an acidification

- enhancing effect of algal respiration. E. pilosa colonies showed significantl y increased growth rates at intermediate pCO 2 (1193 μatm) but no response to higher pCO 2
. No effect of acidification on A. hirsutum colonies growth rates was observed. The results suggest a remarkable resistance of the algal macro

- epibionts to levels of acidification occurring at present day upwellings in the Baltic. Only extreme future upwelling conditions impacted the tubeworm S. spirorbis , but not the bryozoans. Saderne V, Wahl M (2013) Differential Responses of Calcifying and Non

- Calcifying Epibionts of a Brown Macroalga to Present

- Day and Future Upwelling pCO 2 . PLoS ONE 8(7): e70455

(impact factor 2013/14: 3.53)

19. The effect of elevated seawater carbon dioxide (CO 2 ) on the Piontek J, Borchard, C, Sperling M,September 2015

Report No. 1537019 activity of a natural bacterioplankton community in an Arctic fjord system was investigated by a mesocosm perturbation study in the frame of the European Project on Ocean Acidification (EPOCA). A pCO 2 range of 175

- 1085 μatm was set up in nine mesocosms deployed in the Kongsfjorden (Svalbard). The activity of natural extracellular enzyme assemblages increased in response to acidification. Rates of glucosidase and leucine

- aminopeptidase increased along the gradient of mesocosm pCO 2 . A decrease in seawater pH of 0.5 units almost doubled rates o f both enzymes. Heterotrophic bacterial activity was closely coupled to phytoplankton productivity in this experiment. The bacterioplankton community responded to rising chlorophyll a concentrations after a lag phase of only a few days with increasing pro tein production and extracellular enzyme activity. Time

- integrated primary production and bacterial protein production were positively correlated, strongly suggesting that higher amounts of phytoplankton

- derived organic matter were assimilated by heterotr ophic bacteria at increased primary production. Primary production increased under high pCO 2 in this study, and it can be suggested that the efficient heterotrophic carbon utilisation had the potential to counteract the enhanced autotrophic CO 2 fixation. However, these results also show that beneficial pCO 2 - related effects on bacterial activity can be mitigated by the top

- down control of bacterial abundances in natural microbial communities. Schulz, KG, Riebesell U, Eng el A (2013) Response of bacterioplankton activity in an Arctic fjord system to elevated pCO 2 : results from a mesocosm perturbation study. Biogeosciences, 10: 297

– 314

(impact factor 2013/14: 3.98)

20. The authors investigated the effects of elevated pCO 2 in seawater both on the acute mortality and the reproductive properties of the benthic copepod Tigriopus japonicus and gastropod Babylonia japonica with the purpose of accumulating basic data for assessing potential environmental impacts of sub

sea geolog ical storage of anthropogenic CO2 in Japan. Acute tests showed that nauplii of T. japonicus have a high tolerance to elevated pCO 2 environments. Full life cycle tests on T. japonicus indicated NOEC (No Observed Effect Concentration) = 5800 μatm and LOEC ( Lowest Observed Effect Concentration) = 37,000 μatm. Adult B. japonica showed remarkable resistance to elevated pCO 2 in the acute tests. Embryonic development of B. japonica showed a NOEC=1500 μatm and LOEC = 5400 μatm. T. japonicus showed high resistance to elevated pCO 2 throughout the life cycle and B. japonica are rather sensitive during the veliger stage when they started to form their shells. Kita J, Kikkawa T, Asai T, Ishimatsu A (2013) Effects of elevated pCO 2 on reproductive properties of the benthic copepod Tigriopus japonicus and gastropod Babylonia japonica . Mar Pollut Bull. 73(2): 402

- 8

.

(impact factor 2013/14: 2.79)

21. Predictions of future impact of climate change on coral reefs indicate that bleaching mortality due to higher temperature will be the major factor in the decline of coral reefs. Ocean acidification is increasingly considered to be an important contributin g factor, but estimates of its importance vary widely in the literature. Models of future reef decline due to ocean acidification generally involve four simplifying assumptions that can lead to contradictions. The assumptions are: (i) Ocean i c conditions o f Ω arag control or are at least highly correlated with net calcification rate ( G net ) on coral reefs;(ii) Calcification rate is driven by bulk water carbonate ion concentration [CO 3 2− ] expressed as Ω arag ; (iii) Changes in coral Jokiel PL (2015) Predicting the impact of ocean acidification on coral reefs: evaluating the assumptions involved.

– ICES Journal of Marine Science, doi: 10.1093/icesjms/fsv091.

(impact factor 2014/15: 2.53)September 2015

Report No. 1537019 calcification rate can be used to estimate future changes in coral reef calcification rate; and (iv) The impact of OA is additive and not synergistic with other environmental factors such as increased temperature. The assumption that aragonite saturation state (Ω arag ) of seawater drives calcification is the most widely used and needs to be further evaluated. An alternate hypothesis is that calcification is limited by the ability of the system to rid itself of the protons generated by calcification. Recent studies allow further test ing of the assumptions and point the way to resolving shortcomings in our understanding of how OA impacts coral reefs.

22. The authors investigated the effects of an increase in dissolved CO 2 on the microbial communities of the Mediterranean Sea during two mesocosm experiments in two contrasting seasons

- winter, at the peak of the annual phytoplankton bloom, and summer, under low nutrient conditions. The experiments i ncluded treatments with acidification and nutrient addition, and combinations of the two. We followed the effects of ocean acidification on the abundance of the main groups of microorganisms (diatoms, dinoflagellates, nanoeukaryotes, picoeukaryotes, cyanob acteria, and heterotrophic bacteria) and on bacterial activity, leucine incorporation, and extracellular enzyme activity. Our results showed a clear stimulation effect of OA on the abundance of small phytoplankton (pico

- and nanoeukaryotes), independently of the season and nutrient availability. A large number of the measured variables showed significant positive effects of acidification in summer compared with winter, when the effects were sometimes negative. Effects of OA were more conspicuous when nutr ient concentrations were low. Our results therefore suggest that microbial communities in oligotrophic waters are considerably affected by OA, whereas microbes in more productive waters are less affected. The overall enhancing effect of acidification on

e ukaryotic pico

- and nanophytoplankton, in comparison with the non

- significant or even negative response to nutrient

- rich conditions of larger groups and autotrophic prokaryotes, suggests a shift towards medium

- sized producers in a future acidified ocean. S ala et al. (2015) Contrasting effects of ocean acidification on the microbial food web under different trophic conditions

ICES J. Mar. Sci. (2015) doi: 10.1093/icesjms/fsv130

(impact factor 2014/15: 2.53)

23. Rising levels of atmospheric CO 2 are responsible for a change in the carbonate chemistry of seawater with associated pH drops ( acidification ) projected to reach 0.4 units from 1950 to 2100. The authors investigated possible indirect effects of seawater acidification on the feeding, fecu ndity, and hatching success of the calanoid copepod Acartia grani , mediated by potential CO 2 - induced changes in the nutritional characteristics of their prey. The authors used as prey the autotrophic dinoflagellate Heterocapsa sp., cultured at three disti nct pH levels (control: 8.17, medium: 7.96, and low: 7.75) by bubbling pure CO 2 via a computer automated system. Acartia grani adults collected from a laboratory culture were acclimatized for 3 d at food suspensions of Heterocapsa from each pH treatment (c a. 500 cells ml −1 ; 300 μg C
l −1 ). Feeding and egg production rates of the preconditioned Isari S, Zervoudaki S, Peters J, Papantoniou, Pelejero C, Saiz E (2015) Lack of evidence for elevated CO 2 - induced bottom

- up effects on marine copepods: a dinoflagellate

– calanoid prey

– predator pair . ICES J. Mar. Sci. (2015) doi: 10.1093/icesjms/fsv078

(impact factor 2014/15: 2.53)September 2015

Report No. 1537019 females did not differ significantly among the three Heterocapsa diets. Egg hatching success, monitored once per day for the 72 h, did not reveal significant difference among treatments. These results are in agreement with the lack of difference in the cellular stoichiometry (C : N, C : P, and N : P ratios) and fatty acid concentration and composition encountered between the three tested Heterocapsa treatments. The findings disagree with those of other studies using distinct types of prey, suggesting that this kind of indirect influence of acidification on copepods

ma y be largely associated with interspecific differences among prey items with regard to their sensitivity to elevated CO 2 levels.

24. Effects of ocean acidification on the composition of the active bacterial and archaeal community within Arctic surface sediment were analyzed in detail using 16S rRNA 454 pyrosequencing. Intact sediment cores were collected and exposed to one of five diffe rent pCO 2 concentrations [380 (present day), 540, 750, 1120 and 3000 μatm] and RNA extracted after a period of 14 days exposure. Measurements of diversity and multivariate similarity indicated very little difference between pCO 2 treatments. Only when the highest and lowest pCO 2 treatments were compared were significant differences evident, namely increases in the abundance of operational taxonomic units most closely related to the Halobacteria and differences to the presence/absence structure of the Planctomycetes

. The relative abundance of members of the classes Planctomycetacia and Nitrospira increased with increasing pCO 2 concentration, indicating that these groups may be able to take advantage of changing pH or pCO 2 conditions. The modest respons e of the active microbial communities associated with these sediments may be due to the low and fluctuating pore

- water pH already experienced by sediment microbes, a result of the pH buffering capacity of marine sediments, or due to currently unknown facto rs. Further research is required to fully understand the impact of elevated CO 2 on sediment physicochemical parameters, biogeochemistry and microbial community dynamics. Tait K, Laverock B, Shaw J,

Somerfield PJ, Widdicombe S (2013) Minor impact of ocean a cidification to the composition of the active microbial community in an Arctic sediment. Environmental Microbiology Reports doi:10.1111/1758

- 2229.12087

(impact factor 2013/14: 3.264)

25. The ocean captures a large part of the anthropogenic carbon dioxide emitted to the atmosphere. As a result of the increase in CO 2 partial pressure the ocean pH is lowered as compared to pre

industrial times and a further decline is expected. Ocean acidification has been proposed to pose a major threat for marine organism s, particularly shell

- forming and calcifying organisms. The authors showed, on the basis of meta

- analysis of available experimental assessments, differences in organism responses to elevated pCO 2 and propose that marine biota may be more resistant to ocea n acidification than expected. Calcification is most sensitive to ocean acidification while it is questionable if marine functional diversity is impacted significantly along the ranges of acidification predicted for the 21st century. Active biological pr ocesses and small

- scale temporal and spatial variability in ocean pH may render marine biota far more Hendriks IE, Duarte CM, Alvarez MA (2010) Vulnerability of marine biodiversity to ocean acidifica tion: a
meta

- analysis. Estuarine, Coastal and Shelf Science 86: 157

– 164.

(impact factor 2013/14: 2.25)September 2015

Report No. 1537019 resistant to ocean acidification than hitherto believed.

26. Marine phytoplankton have many obvious characters, such as rapid cell division rates and large population sizes, that give them the capacity to evolve in response to global change on timescales of weeks, months or decades. However, few studies directly inv estigate if this adaptive potential is likely to be realized. Because of this, evidence of to whether and how marine phytoplankton may evolve in response to global change is sparse. There is limited support from experimental evolution that some taxa of mar ine phytoplankton may adapt to ocean acidification, and strong indications from studies of variation and structure in natural populations that selection on standing genetic variation is likely. Collins S, Rost B, Rynearson TA (2014) Evolutionary potential of marine phytoplankton under ocean acidification. Evol Appl. 7(1): 140

– 155.

(impact factor 2013/14: 4.23)

27. The ongoing ocean acidification associated with a changing carbonate system may impose profound effects on marine plankt onic calcifiers. The authors showed that a coccolithophore, Gephyrocapsa oceanica , evolved in response to an elevated CO2 concentration of 1000 μatm (pH reduced to 7.8) in a long

- term (

∼ 670 generations) selection experiment. The high CO 2 - selected cells showed increases in photosynthetic carbon fixation, growth rate, cellular particulate organic carbon (POC) or nitrogen (PON) production, and a decrease in C:N elemental ratio, indicating a greater upregulation of PON than of POC production under the

ocean acidification condition. Cells from the low CO 2 selection process shifted to high CO 2 exposure showed an enhanced cellular POC and PON production rates. The data suggest that the coccolithophorid could adapt to ocean acidification with enhanced assimilatio ns of carbon and nitrogen but decreased C:N ratios. Jin P, Gao K, Beardall J (2013) Evolutionary responses of a coccolithophorid

Geophyrocapsa oceanica to ocean acidification. Evolutionary Biology 67:1869

– 1878.

(impact factor 2013/14: 4.23)

28. Ocean aci dification in response to rising atmospheric CO 2 partial pressures is widely expected to reduce calcification by marine organisms. From the mid

- Mesozoic, coccolithophores have been major calcium carbonate producers in the world's oceans, today accounting f or about a third of the total marine CaCO 3 production. The authors present laboratory evidence that calcification and net primary production in the coccolithophore species Emiliania huxleyi are significantly increased by high CO 2 partial pressures. Field evidence from the deep ocean is consistent with these laboratory conclusions, indicating that over the past 220 years there has been a 40% increase in average coccolith mass. The study shows that coccolithophores are already respo nding and will probably continue to respond to rising atmospheric CO 2 partial pressures, which has important implications for biogeochemical modeling of future oceans and climate. Iglesias

- Rodriguez MD, Halloran PR, Rickaby REM, Hall IR, Colmenero

Hidalgo E, Gittins JR, Green DRH, Tyrrell T, Gibbs SJ, von Dassow P et al.

(2008) Phytoplankton calcification in a high CO 2 world. Science 320: 336

– 340.

(impact factor 2008: 28.1)September 2015

Report No. 1537019September 2015

Report No. 1537019 

# APPENDIX B

6 examples in the petition exaggerating o cean a cidification effects by selecting studies with maximal impacts ; or misquoting or overstating study results

.September 2015

Report No. 1537019 The primary study by Barton et al . 2008 (The Pacific oyster, Crassostrea gigas , shows negative correlation to naturally elevated carbon dioxide levels: Implications for near

- term ocean acidification effects. Limnology and Oceanography, 57(3), pp.698

– 710.) is cited 5 times relating to 4 issues in the
p etition

.

We find 3 of 4 citati ons to the Barton et al. study problematic for the following reasons: either there is no background in the Barton et al. 2008 study for the p etition claims or the generality and confidence of study results are exaggerated compared to Barton et al.'s presen tation of the results.

1.

p.12 Petition citation:

"The harmful effects of ocean acidification have already begun to occur. For example, ocean acidification has caused:

 A massive die

- off of oysters in the Pacific Northwest ( Barton et al. 2012 ; R. A. Feely, Sabine, et al. 2012; Washington State Blue Ribbon Panel 2012); ”

Comment : T his claim of a massive die

- off of oysters in the Pacific Northwest cannot be found in Barton et al. ’ s publication.

The closest we could find is:

"On the other hand, these larval mortality events often coincided with strong coastal upwelling and the presence of seawater thermodynamically unstable with respect to aragonite in Netarts Bay. ” 5

2

p.13 Petition citation:

"Corals, coralline algae, plankt on, mollusks, and other shellfish exposed to future levels of ocean acidification have all experienced problems (Kleypas & Yates 2009; Kuffner et al. 2007; Barton et al. 2012 ; Talmage & Gobler 2011; Talmage & Gobler 2009; Orr et al. 2005; Riebesell et al. 2000). ”

Comment : The problem (reduced growth in early larvae) in the Barton et al. 2008 study occurred when exposed to present day "ocean acidification" when intake water to the oyster hatchery was dominated of "upwelled CO 2 rich water

. "

3

p.13 Petition citation:

" Scientists have definitively linked oyster production failures to high

- CO 2 ocean waters that were used to raise larvae" (Barton et al. 2012)".

Comment: The authors are not as definite as claimed in p etition (i.e. from last paragraph in Discussion section):

"Our study, relying on hatchery records and utilizing their production model, does potentially suffer from the lack of strict control as found in other more constrained experimental systems. We therefore acknowledge the correlative and suggestive nature of this study ; however, it highlights the significance of current

- day variable carbonate chemistry effects on commercially important species (and reliant regional economy) in surface waters and validates previous laboratory

- based acid ification experiments in which carbonate chemistry was manipulated. The significant effects on hatchery

-

5 P. 699, second columnSeptember 2015

Report No. 1537019 based oyster production indicates that local and regional acidification effects are already on us, and responses of these coupled natural human systems to increasing CO2 are likely unfavorable." 6

p.14 Petition citation:

"Unlike previous laboratory experiments, this study (Barton et al.) analyzed calcifying organism responses in the ambient

- water CO 2 chemistry of Oregon’s coastal waters. Larval produc tion and mid

- stage growth (~120 um to ~150 um) of the oyster, Crassostrea gigas , were both significantly negatively correlated with the chemistry of waters in which larval oysters were spawned and reared for the first 48 hours of life. Although the impact of the exposure was not immediate, the delayed reaction caused a significant decline in growth for mid

- sized oyster larvae and reduced overall production. ”

Comment: citation OK

6 Emphasis added.September 2015

Report No. 1537019 4. The meta

- analysis by Kroeker et al. (2013) is cited once in the p etition on page 13 of the petition but this publication is not listed in the petition’s b ibliography . Based on the description in p etition
, we assume that the reference is to: Kroeker et al. (2013) Impacts of ocean acidification on marine organisms: quant ifying sensitivities and interaction with warming. Global Change Biology 19: 1884

– 1896. Kroeker (2011) is also not listed in the bibliography.

Overall

, there are inconsistencies in the p etition regarding the Kroeker studies; namely, neither of the Kroeker studies in 2013 or 2010 as cited by the petition analy z ed "over 400 experiments" as stated in the petition.

p.13 Petition citation:

"In a meta

- analysis of over 400 experiments examining the impacts of ocean acidification on marine organisms, Kr oeker et al. (2013) found the biological effects to be generally large and negative. This analysis was restricted to experiments with pH manipulations of less than 0.5 units, in order to reflect the predicted level of ocean acidification by the end of the century (IPCC 2007). By limiting the analysis to small variations in pH, this study shows that within the foreseeable future ocean acidification will have “profound repercussions for marine organisms” (Kroeker et al. 2010). While the negative effect of ocean acidification was most pronounced for calcification and survival ( 27% reductions in both responses), the study also revealed significant negative effects on growth and reproduction ( 11 to 19%

, respectively). In addition, abundance was reduced by 15% . The strength of this analysis suggests that the patterns highlighted in this study are a robust representation of the current literature on ocean acidification. ” 7

Comment :

 The Kroeker et al. ( 2010 ) meta

- analysis encompassed 73 studies and 251 experiments (not over 400 experiments)

.

 The Kroeker et al. ( 2013 ) meta

- analysis encompassed 228 studies and 367 experiments (not over 400 experiments). The 2013 study included all experiments from the earlier K roeker et al. ( 2010 ) study

.

 The stated percentages underscored in citation above are without citations and appear to refer to the Kroeker et al. (2013) study

.

It is noteworthy that the p etition only refers to the two Kroeker meta

- analyses but do es not mention the comparable meta

- analysis by Hendriks 8 et al. ( 2010 ) that w as based on 372 experiments, and concluded the following ; "Here we show, on the basis of meta

- analysis of available experimental assessments, differences in organism responses to el evated pCO 2 and propose that marine biota may be more resistant to ocean acidification than expected. Calcification is most sensitive to ocean acidification while it is questionable if marine functional diversity is impacted significantly along the ranges of acidification predicted for the 21 st century. Active biological processes and small

- scale temporal and spatial variability in ocean pH may render marine biota far more resistant to ocean acidification than hitherto believed." 9

7 Emphasis added.

8 Hendriks IE, Duarte CM, Alvarez MA (2010) Vulnerab ility of marine biodiversity to ocean acidification: a meta

- analysis. Estuarine, Coastal and Shelf Science 86 : 157

– 164.

9 Id. In AbstractSeptember 2015

Report No. 1537019 5. Petition claims that ocean acidification may increase harmful algal bloom (HAB) and will increase toxin concentrations in cells ; however, alternative hypotheses or studies are not considered

.
Based on two primary studies by Tatters et al. 2012, 2013 (and by Fu et al. 2012) it is claimed in the p etition (p. 26) as follows:

p.26 Petition citation:

"High CO 2 levels in seawater magnify the toxins of harmful algae. (Fu et al. 2012; Avery O. Tatters et al. 2012; Avery O. Tatters et al. 2013). Studies of the genus Pseudo

- nitzscia show that the toxicity of diatoms which produce a neurotoxin increases significantly under ocean acidification conditions. A

- 0.5pH change caused toxin production in the diatoms to increase 4.2

- fold and a

- 0.3pH unit ch ange increased the toxicity 2.5

- fold. Many studies on the effects of ocean acidification and algal blooms have been conducted at CO 2 levels that are already occurring in California, and the increase in the toxicity of harmful algal blooms in Southern Calif ornia (and resulting mass mortalities of fish and marine mammals) may be due, in part, to acidified waters

. 10 However, these studies suggest that the damage will become much worse. ” 11

Comment:

 Different species and strains within Pseudo

- nitzscia may differ in response to pH. However, it is highly surprising that Tatters et al. did not cite the study of Lundholm N, Hansen PJ, Kotaki Y (2004) Effect of pH on growth and domoic acid production by potentially toxic diatoms of the
genera Pseudo

- nitzschia and Nitzschia. Mar Ecol Prog Ser 273:1

- 15. They found an opposite response to pH

- change: that the domoic acid production and concentration increased with pH
increase. 12

 The 5

- year project " A Regional Comparison of Upwelling and Coastal Land Use Pa tterns on the Development of HAB Hotspots Along the California Coast" funded through NOAA’s Ecology and Oceanography of Harmful Algal Blooms (ECOHAB) Program do not consider OA

as a trigger for Pseudo

- nitzschia blooms along the California coast

. 13

At this website, “HAB Hotspots researchers have developed 3 hypotheses for Psuedo nitzchia bloom and toxin initiation:

1. “ Blooms start as subsurface accumulations (subsurface maxima) and eventually manifest as surface blooms. 2. Blooms are predominantly cause d by advective processes and retention in eddy

- like circulation; subsurface maxima are less important. 3. There are a unique set of environmental conditions leading from bloom initiation to toxicity that can be identified through a comparative approach, allow ing us to contrast potential factors (such as stratification, nutrient load, nutrient type) between regions.

The alternate hypotheses are that HAB events in California are truly stochastic and/or the underlying ecophysiological responses are so complex tha t relatively simple conceptual models such as proposed here do not adequately explain bloom and toxin initiation. ” 14

10 Id.

11 Emphasis added

.

12 Emphasis added

.

13 http://oceandatacenter.ucsc.edu/MBHAB/hotspots ; last accessed August 29, 2015.

14 Id.September 2015

Report No. 1537019 6. Petition claims that ocean acidification will increase noise pollution potentially affecting mammals and other marine life ; however, alternative studies are not considered.

Based on two primary studies by Hester et al. (2008) 15 , and Brewer et al. (2009) 16 (neither appear in p etition b ibliography )

, it is claimed in the p etition (p. 26) that ocean acidification can also decrease the sound absorption of seawater

.

p.26 Petition citation:

" Ocean acidification can also decrease the sound absorption of seawater, causing sounds to travel further with potential impacts on marine mammals and other marine life sensitive to the sounds of vessel traffic, seismic surveys, and other noise pollution (Hester et al. 2008). Sound travels 10

- 15 percent further wit h a change of 0.1 pH, and it is predicted to increase about 40 percent by mid

century (Hester et al. 2008). Additionally, a decline of 0.3 pH u nits causes a 40 percent decrease in the sound absorption of surface seawater and sound may travel 70 percent farther, further affecting sensitive marine mammals (Brewer et al. 2009). ”

Comment:

As stated at the “ The Discovery of Sound in the Sea ” website developed by the University of Rhode Island’s Graduate School of Oceanography (GSO) in partnership with Marine Acoustics, Inc,

, http://www.dosits.org/science/soundsinthesea/oc eanacidification/ last accessed August 29, 2015 ) :

 “ Sound propagation in the ocean is sufficiently complex that sophisticated computer models are needed to accurately assess the likely changes in low

- frequency noise levels due to the decrease in sound absorption caused by ocean acidification. A realistic
calculation 17 indicates that the expected increase in noise levels from 1960 to 2250 over the frequency range 50

– 2000 Hz is likely to be less than about 0.2 dB, for a scenario that gives a change in surf ace pH of 0.7 units over that time Another recent calculation 18 results in a predicted change in noise levels of less than 0.5 dB for all frequencies in the deep ocean, and no observable change in shallow water, for a decrease in pH from 8.1 to 7.4 pH unit s

. ”

15 We assume Petition refers to Hester KC, Peltzer ET, Kirkwood WJ, Brewer PG (2008) Unanticipated consequences of ocean acidification: A noisier ocean at lower pH

. Geophys. Res. Lett. 35: 19601.

16 We assume Petition refers to Brewer PG, Hester KC (2009) Ocean acidification and the increasing transparency of the ocean to low

- frequency sou nd

. Oceanography 22: 86

– 93.

17 Joseph JE, Chiu C

- S ( 2010) A computational assessment of the sensitivity of ambient noise level to ocean acidification

. J. Acoust. Soc. Am. 128, 144

- 149.

18 Reeder DB, Chiu C.

- S. (2010) Ocean acidification and its impact on o cean noise: Phenomenology and analysis. J. Acoust. Soc. Am. 128, 137

- 143.September 2015

Report No. 1537019 

# APPENDIX C

List of c itations to scientific literature in the text of the petition that are not included in petition’s bibliography

.September 2015

Report No. 1537019 Page in Petition 74 unique references c it ed in the text of the petition but not found in petition’s

b ibliography

9 1. S abine et al. 2004

2. Ishii et al. 2011

3. Joos et al. 2011

10 4. H arris, DeGrandpre et al. 2013

11 5. F a bry et al. 2009 ( Fabry 2008 is provided in the bibliography. )

6. M athis et al. 2011a

12 7. Dore et al. 2009

13 8. Bednarsek 2014

9. Kroeker et al. 2013
10. Kroeker et al. 2010

14 11. Kurihara & Shirayama 2004

12. Ross et al. 2011

13. Watson et al. 2009

14. Waldbusser et al. 2010

15. Hettinger et al. 2012

15 16. Dickinson et al. (2012)

Ross et al. 2011 (repeat cite)

17. Parker et al. 2010

18. Zippay and Hoffman 2010

19. Gazeau et al. 2007

20. Kurihara 2008

21. Findlay et al. 2010

22. Hauton et al. 2009
Ross et al. 2011 (repeat cite)

23. Gutowska et al. 2009

16 Kurihara 2008 (repeat cite)

Kurihara & Shirayama 2004 (repeat cite)

24. Suwa et al. 2010

25. Shirayama & Thornton 2005

17 26. Ellis et al. 2009

27. Arnold et al. 2009

28. Albright 2011

29. Bibby et al. 2008

30. Frieler et al. 2012

18 31. Caldeira & Archer 2007

19 32. Anthony et al. 2011

33. Anlauf et al. 2011

34. Hoegh

- Guldberg et al. 2007

35. Van Hooidonk et al. 2014 (cited 2013)

36. Buddemeier et al. 2011

37. Abbasi & Abbasi 2011

38. Albright et al. 2010September 2015

Report No. 1537019 20 39. Murubini et al. 2003

Albright et al. 2010 (repeat cite)

40. Cohen & Holcomb 2009

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53. McCulloch et al. 2012

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Denmark

T: +45 70 27 47 57 Caption Text

### 1 API Comments on TSCA Section 21 Petition on Carbon Dioxide 

### ATTACHMENT 2

VARIABILITY IN pH: SELECT NOAA SAMPLING SITES MEASURING pH IN OPEN OCEAN WATERS OF THE PACIFIC AND COASTAL WATERS OF THE U.S. 1



### Ocean Station Papa (Station Papa). This site has one of the longest records of time

- series measurements in the ocean. However, even for this site, the pH sensor was only installed on June 15, 2010. It is an open ocean site

– hence the modest variability in pH.

1 Note: http://www.pmel.noaa.gov/co2/story/OA+Observations+and+Data ; last accessed Aug. 24, 2015. For full set of current data on all 21 mooring sites, please see NOAA website.

### 2 API Comments on TSCA Section 21 Petition on Carbon Dioxide 

### WHOTS. This station is the WHOI Hawaii Ocean Time

- series Station Mooring. The mooring is located in open ocean waters roughly 100 km north of Oahu, Hawaii. On July 7, 2011, a surface seawater pH sensor was added to the WHOTS Mooring. Note the sparse pH data an d the modest variability consistent with its open ocean location.

Gulf of Maine. This monitor is located in the coastal Western Gulf of Maine. The buoy is in approximately 65 meters of water. The pH sensor was added on September 9, 2010. Note the far greater variability at the station compared to Papa, above. (Incomplete chart available at pmel.noaa.gov; last accessed August 24, 2015).

### 3 API Comments on TSCA Section 21 Petition on Carbon Dioxide 

### La Push, Washington. The station is located on the N ANOOS UW Mooring off of La Push, WA (47.97°N, 124.95°W). This monitor if off the outer coast of Washington near La Push. The surface seawater pH sensor were deployed on the buoy on July 16, 2010. Note the considerable variability in pH, especially compared to Papa. (Incomplete chart available at pmel.noaa.go v; last accessed August 24, 2015).

### 4 API Comments on TSCA Section 21 Petition on Carbon Dioxide 

### Gray’s Reef. This station is located at the National Data Buoy Center (NDBC), approximately 40 nautical miles Southeast of Savannah, Georgia in Gray's Reef National Marine Sanctuary. On September 19, 2011, a surface seawater pH sensor was added to the Grays Reef mooring. Note the high degree of variability in the measured pH values. (Chart as found on NOAA website with jumbled months on x axis).

### 5 API Comments on TSCA Section 21 Petition on Carbon Dioxide 

### CCE2. This station is the California Current Ecosystem Mooring 2 (CCE2). This mooring is part of a multi

- investigator, multi

- disciplinary project with two surface moorings in the California Current. CCE

- 2 is positioned on the shelf break on the California Co ast, where localized upwelling processes are at their maximum. On March 24, 2012, a surface seawater pH sensor was added to the CCE2 mooring. Note the high degree of pH variability. (Incomplete chart available at pmel.noaa.gov; last accessed August 24, 2 015).

]

### 6 API Comments on TSCA Section 21 Petition on Carbon Dioxide 

### Kaneohe Bay. The station is in Kaneohe Bay, located on the eastern side of Oahu, Hawaii, and is a complex estuarine system with a large barrier coral reef, numerous patch reefs, fringing reefs, and several riverine inputs. The Kaneohe buoy was deployed on September 2 9, 2011 in approximately 60 feet of water on the open ocean side of the barrier reef. On September 29, 2011, a surface seawater pH sensor was added to the Kaneohe mooring.

Cheeca Rocks. The station is at Cheeca Rocks, which is an inshore patch reef within the Florida Keys Na tional Marine Sanctuary (FKNMS) off of Islamorada, Florida. On December 7, 2011, a surface seawater pH sensor was added to the Cheeca Rocks mooring. Note the high degree of pH variability.

### 7 API Comments on TSCA Section 21 Petition on Carbon Dioxide 

### La Parguera. The station at La Parguera is located on the southwestern coast of Puerto Rico in the municipality of Lajas. On December 2, 2011, a surface seawater pH sensor was added to the La Parguera mooring. The La Parguera Natural Reserve includes all the coastl ine of the municipality of Lajas extending 1 km towards land from the shore and 9 nautical miles offshore. Marine and coastal ecosystem including: mangroves, seagrass, reefs, bays and salt marshes. Note the high degree of pH variability.