Bergeson & Campbell, P.C. (B&C®) is a Washington, D.C., law firm providing biobased and renewable chemical product stakeholders unparalleled experience, judgment, and excellence in bringing innovative products to market.
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By Lynn L. Bergeson
 
On June 1, 2021, the Oak Ridge National Laboratory (ORNL) announced that its scientists have developed a novel solvent that results in a more efficient process to recover valuable materials from used lithium-ion batteries. According to ORNL’s press release, this new method supports a stable domestic supply chain for new batteries and keeps old ones out of landfills.
 
Currently, the recycling process of batteries involves smelting, which is an expensive, energy-intensive process that releases toxic gas. This new process developed by ORNL, however, recovers cathode materials and aluminum foils from lithium-ion batteries using a less hazardous solvent. It is a wet chemical process that uses triethyl phosphate to dissolve the binder material that adheres cathodes to metal foil. This process results in efficient recovery of cobalt-based cathodes and graphite, among other valuable materials, such as copper foils, that can be reused in new batteries. ORNL’s Ilias Belharouak stated that, in addition to repurposing materials, the new process reduces toxic exposure for workers. The full publication of ORNL’s study is available here.


 
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By Lynn L. Bergeson
 
On June 2, 2021, the U.S. Department of Energy’s (DOE) Office of Energy Efficiency & Renewable Energy (EERE) announced that the United States, Denmark, and Norway joined forces with the Global Maritime Forum and the Mærsk Mc-Kinney Møller Center for Zero Carbon Shipping to lead a new Zero-Emission Shipping Mission. This effort is part of Mission Innovation, “a global initiative to catalyze action and investment in research, development and demonstration to make clean energy affordable, attractive and accessible to all this decade.” Supported by the governments of India, Morocco, the United Kingdom, Singapore, France, Ghana, and South Korea, Mission Innovation aims to accelerate the Paris Agreement progress toward net zero emissions. According to DOE’s EERE, international maritime shipping represents approximately two to three percent of the world’s total annual greenhouse gas (GHG) emissions. Without addressing these emissions from maritime shipping, emissions could increase anywhere between 50 and 250 percent by 2050. Therefore, the Zero-Emissions Shipping Mission aims to:

  • Develop, demonstrate, and deploy zero-emissions fuels, ships, and fuel infrastructure across the value chain;
  • Ensure that by 2030, ships capable of running on hydrogen-based zero-emission fuels, such as green hydrogen, green ammonia, green methanol, and biofuels, make up at least five percent of the global deep-sea fleet measured by fuel consumption; and
  • Ensure that by 2030, at least 200 of these zero-emission fueled ships are in service and using these fuels across their main deep-sea shipping routes.

 
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 By  Lynn L. Bergeson
 
On June 7, 2021, Secretary of Energy Jennifer M. Granholm launched the U.S. Department of Energy’s (DOE) Energy Earthshots Initiative. Designed to accelerate innovation of abundant, affordable, and reliable clean energy solutions within the next ten years. Secretary Granholm stated that the first Energy Earthshot will be the Hydrogen Shot, which sets an ambitious yet achievable cost target to accelerate innovations and spur demand of clean hydrogen.” The Hydrogen Shot aims to reduce the cost of clean hydrogen by 80 percent to $1 per kilogram (kg) while also creating more clean energy jobs. Currently, clean hydrogen costs approximately $5 per kg. This initiative will drive program development across DOE’s science and applied energy offices, and the Advanced Research Projects Agency-Energy (ARPA-E).
 
DOE’s Hydrogen Program issued a Request for Information (RFI) on viable hydrogen demonstrations that can help to lower the cost of hydrogen, reduce carbon emissions, create jobs, and provide benefits to disadvantaged communities. Topics for the RFI include:

  • Hydrogen Production, Resources, and Infrastructure;
  • End Users for Hydrogen Based on Specific Regions, Cost, and Value Propositions;
  • Greenhouse Gas and Other Pollutant Emissions Reduction Potential;
  • Diversity, Equity, and Inclusion (DEI), Jobs, and Environmental Justice; and
  • Science and Innovation Needs and Challenges.

RFI responses are due on July 7, 2021, by 5:00 p.m. (EDT). Additional information about the RFI is available here.


 
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By  Lynn L. Bergeson

On May 28, 2021, the Biden-Harris Administration submitted President Joseph Biden’s budget for fiscal year 2022 (FY 2022) to Congress. According to EPA’s May 28, 2021, press release, the budget request advances “key EPA priorities, including tackling climate change, advancing environmental justice, protecting public health, improving infrastructure, creating jobs, and supporting and rebuilding the EPA workforce.” The President’s FY 2022 budget request supports:

  • Rebuilding Infrastructure and Creating Jobs: The budget provides $882 million for the Superfund Remedial program to clean up some of the nation’s most contaminated land, reduce emissions of toxic substances and greenhouse gases (GHG) from existing and abandoned infrastructure, and respond to environmental emergencies, oil spills, and natural disasters;
     
  • Protecting Public Health: The budget includes $75 million to accelerate toxicity studies and fund research to inform the regulatory developments of designating per- and polyfluoroalkyl substances (PFAS) as hazardous substances while setting enforceable limits for PFAS. In FY 2022, EPA will advance public health by providing an additional $15 million and 87 full-time equivalent employees (FTE) to build agency capacity in managing chemical safety and toxic substances under the Toxic Substances Control Act (TSCA);
     
  • Tackling the Climate Crisis with the Urgency Science Demands: The FY 2022 budget recognizes the opportunity in tackling the climate crisis by developing the technologies and solutions that will drive new markets and create good paying jobs. The budget restores the Air, Climate, and Energy Research Program and increases base funding by more than $60 million, including $30 million for breakthrough research through the Advanced Research Projects Agency-Climate (ARPA-C) with DOE. The budget provides an additional $6.1 million and 14 FTEs to implement the recently enacted American Innovation and Manufacturing (AIM) Act and reduce potent GHGs while supporting new manufacturing in the United States;
     
  • Advancing Environmental Justice and Civil Rights: The budget includes more than $900 million in investments for environmental justice-related work, collectively known as EPA’s Accelerating Environmental and Economic Justice Initiative, elevating environmental justice as a top priority across the agency. The budget also proposes a new national program dedicated to environmental justice to further that goal;
     
  • Supporting States, Tribes, and Regional Offices: Almost half of the total budget, $5.1 billion, will support states, tribes, and localities through the State and Tribal Assistance Grants account;
     
  • Prioritizing Science and Enhancing the Workforce: The FY 2022 budget includes an increase of 1,026 FTEs “to stop the downward slide in the size of EPA’s workforce in recent years to better meet the mission.” Within this increase are 114 FTEs to propel and expand EPA’s research programs to ensure the agency has the science programs that communities demand from EPA. Also included are 86 additional FTEs to support the criminal and civil enforcement programs to ensure that environmental laws are followed.

 
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By Lynn L. Bergeson

On June 3, 2021, from 2:00 p.m. to 3:00 p.m. (EDT), the U.S. Department of Energy’s (DOE) Office of Energy Efficiency & Renewable Energy (EERE) Acting Assistant Secretary Kelly Speakes-Backman and the Deputy Assistant Secretaries (DAS) for EERE’s three technology pillars and Operations will host a webinar to discuss EERE’s fiscal year 2022 (FY 2022) budget request. DOE EERE’s three technology pillars are: Energy Efficiency, Renewable Power, and Sustainable Transportation. EERE has requested $4.7 billion in an effort to lead the transition of the national economy into a 100 percent clean energy economy. The budget request includes more than $1 billion in new funding to deploy clean energy technologies. The one-hour webinar will cover activities, programs, and initiatives proposed in EERE’s budget request. EERE’s main goals include the decarbonization of the electricity, industrial, and transportation sectors. Registration is available at https://www.zoomgov.com/webinar/register/WN_80xUPhvCQOmKaId8TNUJ7Q.


 
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By  Lynn L. Bergeson

On April 13, 2021, Montana State University (MSU) researchers from its Norm Asbjornson College of Engineering published an article entitled “Biomineralization of Plastic Waste to Improve the Strength of Plastic-Reinforced Cement Mortar.” The study evaluates calcium carbonate biomineralization techniques applied to coat plastic waste and improve the compressive strength of plastic-reinforced mortar (PRM), a type of plastic-reinforced cementitious material (PRC). In an effort to reduce the environmental impact of plastic pollution, the study tested two types of biomineralization treatments: enzymatically induced calcium carbonate precipitation (EICP) and microbially induced calcium carbonate precipitation (MICP). While MICP treatment of polyethylene terephthalate (PET) resulted in PRMs with compressive strength similar to that of plastic-free mortar, EICP-treated PET resulted in weaker strength than that of MICP. MICP treatment, however, affects differently the compressive strength of PRM in various types of plastics. According to the researchers, further work is needed to understand the impact of MICP treatment on interfacial strength. The authors hope that greater knowledge of this mechanism will lead to the establishment of biomineralized PRC as a high-volume method to reuse plastic waste.


 
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By  Lynn L. Bergeson and Ligia Duarte Botelho, M.A.
 
On May 4, 2021, the U.S. Department of Energy’s (DOE) Argonne National Laboratory published an article titled “Retrospective Analysis of the U.S. Corn Ethanol Industry for 2005-2019: Implications for Greenhouse Gas Emission Reductions.” Using a life-cycle analysis (LCA), researchers at the Argonne National Laboratory quantified the life cycle of greenhouse gas (GHG) emissions of fuels to compare relative GHG impacts among different fuel production pathways. According to the retrospective analysis conducted, since 2000, corn ethanol production in the United States quadrupled due to supportive biofuels policies such as the U.S. Environmental Protection Agency’s (EPA) Renewable Fuel Standard (RFS). Consequently, carbon intensity (CI) over the past 15 years has significantly decreased by 23 percent. Since 2000, the corn ethanol production pathway, including corn farming and biorefineries, has substantially evolved. Researchers state in the article that this shift into more efficient farming and biorefinery practices increases revenue while also potentially reducing the emission burdens of ethanol production. DOE’s Argonne National Laboratory researchers conclude that biofuels, including corn ethanol, can and likely will play a key role in decarbonizing the U.S. economy.
 
The article’s findings will also be used by DOE to update key corn ethanol parameters in the Argonne National Laboratory’s Greenhouse Gases, Regulated Emissions, and Energy Use in Technologies (GREET) Model 2021, which will be released in October 2021.


 
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By  Lynn L. Bergeson 
 
On May 25, 2021, U.S. Senators Deb Fischer (R-NE) and Tammy Duckworth (D-IL) introduced the bipartisan Renewable Fuel Standard (RFS) Integrity Act of 2021. Aiming to provide more certainty to rural America, this legislation would require that small refineries petition for RFS hardship exemptions by June 1 of each year. According to Senator Fischer, the RFS Integrity Act of 2021 would ensure that the U.S. Environmental Protection Agency (EPA) properly accounts for exempted gallons in the annual Renewable Fuel Obligations (RVO) it sets every November. The legislation would also require that EPA publish the name of the refinery and volume that is exempted at the same time that the refiner receives the exemption.


 
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By  Lynn L. Bergeson and Ligia Duarte Botelho, M.A.
 
On May 25, 2021, U.S. Senators Joni Ernst (R-IA) and Chuck Grassley (R-IA) and House Representatives Randy Feenstra (R-IA), Ashley Hinson (R-IA), and Mariannette Miller-Meeks (R-IA) joined forces in a letter to urge President Biden to uphold his promise to support biofuels in the next four years. Criticizing President Biden’s efforts under the American Jobs Plan for failing to include investments in biofuels, the letter states that “advancements in biofuels can drive biofuels towards being carbon neutral or even carbon negative – something electric vehicles cannot achieve.” According to the representatives, President Biden’s American Jobs Plan focuses on investments in electric vehicles rather than supporting biofuels as a solution to reduce carbon emissions. The letter also urges President Biden to support the biofuels industry through strong Renewable Volume Obligations (RVO) for 2021, 2022, and beyond under the Renewable Fuel Standard (RFS). The letter concludes with the following statement: “Biofuels should not be treated as a transition fuel, but prioritized as a fuel of the future.”


 
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A Timely and Essential Complimentary Conference
Wednesday, June 30, 2021
9:00 a.m. - 4:30 p.m. (EDT)
Register Now

Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health are pleased to present “TSCA Reform - Five Years Later.” This complimentary virtual conference marks the fifth Toxic Substances Control Act (TSCA) Annual Conference, reflecting on the accomplishments and challenges since the implementation of the 2016 Lautenberg Amendments and where TSCA stands today. Leading panelists will reflect on the challenges and accomplishments, while offering unique insights into the decision-making process of top U.S. Environmental Protection Agency (EPA) officials.
 
Confirmed speakers from government, non-governmental organizations (NGO), industry, and academia include:

Additional speakers will be announced as they are confirmed.
 
Mark your calendar for June 30, 2021, to join ELI, B&C, the George Washington University Milken Institute School of Public Health, leading experts, and distinguished keynote speakers in this day-long exploration of the issues and regulations surrounding TSCA.

More information about “TSCA Reform - Five Years Later” is available at the ELI website and a recording will be made available to all participants after the conference. Details about previous TSCA Reform events can be found at “TSCA Reform – Four Years Later,” “TSCA: Three Years Later,” “TSCA Reform at 2 Years” and “TSCA Reform: One Year Later.”


 
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By  Lynn L. Bergeson and Ligia Duarte Botelho, M.A.
 
On May 25, 2021, the U.S. Department of Energy (DOE) announced the availability of up to $14.5 million in investments for research and development (R&D) to reduce waste and energy use related to the recycling of single-use plastics. As the largest subset of plastics found in landfills, single-use plastics, including plastic bags, wraps, and films, are also among the most challenging to recycle. According to DOE, plastic production uses the same amount of oil around the world as the aviation industry. Only ten percent of plastics, however, are currently recycled, and most of those plastics are downcycled, or repurposed into low-value products. DOE Secretary of Energy, Jennifer M. Granholm, hopes that these funds supporting plastic recycling innovation will be a “triple win by cutting plastic waste we see in our everyday lives, reducing industrial energy use and resulting emissions, and creating clean manufacturing jobs for American workers.” This is an effort by DOE to decarbonize the plastics industry and increase investments in recycling processes. There are many obstacles to plastic film recycling, including collection, sorting, contamination, and lack of economically viable methods for recycling and upcycling. Therefore, DOE will support various projects to develop viable solutions for converting plastic films to more valuable materials and designing plastics that are more recyclable and biodegradable.

In addition to a concept paper and full application, the application process requires a description of how diversity, equity, and inclusion objectives will be incorporated into the project. Submission deadlines are as follows:

  • Concept Paper – Deadline: June 28, 2021, by 5:00 p.m. (EDT);
  • Full Application – Deadline: August 16, 2021, by 5:00 p.m. (EDT); and
  • View Full Application Reviewer Comments – Between September 23, 2021, and September 28, 2021, by 5:00 p.m. (EDT).

 
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By Lynn L. Bergeson and Ligia Duarte Botelho, M.A.

On May 18, 2021, the European Parliament (EP) issued a press release announcing the Just Transition Fund (JTF) to assist European Union (EU) countries to address climate neutrality goals. The Just Transition Fund is composed of €7.5 billion from the European Commission’s (EC) long-term EU budget under the 2021-2027 Multiannual Financial Framework (MFF) and €10 billion from the EU recovery plan, NextGenerationEU. According to the press release, eligible projects must focus on economic diversification, reconversion, or job creation, or they must contribute to the transition into a sustainable and circular European economy. JTF will finance:

  • Job seeking assistance, upskilling, and reskilling to help workers as Europe shifts to a climate-neutral economy;
  • Micro-enterprises;
  • Business incubators;
  • Universities;
  • Public research institutions; and
  • Investments in new energy technologies, energy efficiency, and sustainable local mobility.

A “Green Rewarding Mechanism” could be introduced to the JTF for distribution of additional funding to member states if the EP decides to increase the fund’s resources after December 31, 2024. The goal is for the €7.5 billion JTF funds to generate between €30 and €50 billion from investments. Member states that succeed in reducing industrial greenhouse gas (GHG) emissions will receive additional funding.
 
Access to JTF for member states is conditional upon adoption of national-level commitments to achieve climate neutrality by 2050. Before adoption of such commitments, member states will be entitled to only 50 percent of their national allocations. The portion of the investments provided by EC is set at a maximum of 85 percent for less developed regions, 70 percent for transitional regions, and 50 percent for more developed regions.
 
JTF is part of the European Green Deal Just Transition Mechanism (JTM) initiative, which provides targeted support to regions and sectors in the EU that are most affected by the transition into a green economy. JTM aims to help EU member countries by also:

  • Supporting the transition to low-carbon and climate-resilient activities;
  • Creating new jobs in the green economy;
  • Investing in public and sustainable transport;
  • Providing technical assistance;
  • Investing in renewable energy sources;
  • Improving digital connectivity;
  • Providing affordable loans to local public authorities; and
  • Improving energy infrastructure, district heating, and transportation networks.

In support of JTM, Frans Timmermans, Executive Vice President of EC stated that “[w]e must show solidarity with the most affected regions in Europe, such as the coal mining regions and others, to make sure the [European] Green Deal gets everyone’s full support and has a chance to become a reality.”


 
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By Lynn L. Bergeson and Carla N. Hutton
 
The U.S. Environmental Protection Agency (EPA) has prepared a strategic plan for the Office of Pollution Prevention and Toxics (OPPT) for fiscal years (FY) 2021-2023. The strategic plan outlines how OPPT intends to fulfill its obligations under the Toxic Substances Control Act (TSCA), the Emergency Planning and Community Right-to-Know Act (EPCRA), the Pollution Prevention Act (PPA), and related EPA policies and procedures “in ways that value science, protect people and the environment, and increase transparency for stakeholders and the general public.” The strategic plan includes new vision, mission, and values statements for OPPT. Priority areas include:

  • New Chemicals: The New Chemicals Program manages potential risks to human health and the environment from chemicals new to the marketplace. The program identifies conditions to be placed on the use of new chemicals before they enter into commerce;
  • Existing Chemicals: TSCA requires EPA to evaluate the safety of existing chemicals through prioritization, risk evaluation, and risk management. Ensuring the safety of existing chemicals requires collecting and analyzing information about the chemicals, developing additional information, conducting analyses to evaluate risk, and taking regulatory action on proper conditions of use for each chemical;
  • Pollution Prevention/Safer Choice/Toxics Release Inventory (TRI): OPPT supports a suite of programs that are intended to reduce, eliminate, or prevent pollution at its source as an alternative to pollution control and waste disposal. Safer Choice helps consumers, businesses, and purchasers find products that contain ingredients that are safer for human health and the environment. The TRI Program collects information to track industry progress in reducing waste generation and moving toward safer waste management alternatives;
  • Transparency and Stakeholder Engagement: OPPT is committed to providing the public with the information needed to understand EPA’s chemical evaluations. It continually seeks more productive means of engaging with interested stakeholders through public comment during rulemaking, Federal Advisory Committee Act (FACA) workgroups, and other means;
  • Human Capital: OPPT strives to provide a healthy and supportive working environment, support for career development, and communication on issues that are important to its colleagues. It closely collaborates with its partners in the Office of Chemical Safety and Pollution Prevention’s (OCSPP) Office of Program Support to ensure that the basics of being an OPPT employee, such as timekeeping, personnel actions, and equipment, are easy to manage; and
  • Efficiency and Enabling Tools: OPPT’s priority areas depend on a wide range of data from manufacturers, researchers, and the public. Its employees need to know how to work with these data and to have access to tools that facilitate access to and analysis of these data. OPPT is committed to increasing its ability to manage projects effectively through a unified approach that ensures timely deliverables, increases its ability to track its work, and simplifies its processes.
Tags: TSCA, EPA, OPPT

 
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By Lynn L. Bergeson and Carla N. Hutton
 
Bergeson & Campbell, P.C. is pleased to announce that Lynn L. Bergeson will join the Retail Industry Leaders Association’s (RILA) Retail Compliance Center (RCC) on June 10, 2021, at 2:00 p.m. (EDT) to present a webinar entitled “TSCA: It Is Not What You May Think.” For decades, the Toxic Substances Control Act (TSCA) has been regarded as a “chemical producer” law that retailers, product manufacturers, and other “article” manufacturers could, for the most part, comfortably ignore. Not anymore. TSCA was significantly amended in 2016, and the U.S. Environmental Protection Agency’s (EPA) implementation of “new TSCA” has drawn many, often unsuspecting, entities in the value chain -- including retailers -- squarely into TSCA’s broad reach. The “new normal” may not be what you want, but this webinar tells you what you need to know!
 
In this webinar, attendees will learn:

  • What TSCA is and why it matters to retailers;
  • What retailers need to know about their products; and
  • What steps to take after the webinar.

This webinar is intended for large and small retailers, product stewards, sustainability and circularity professionals, and retail compliance professionals, as well as those throughout the product supply chain. Registration is open for the free webinar.


 
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By Lynn L. Bergeson and Carla N. Hutton
 
The U.S. Environmental Protection Agency (EPA) is scheduled to publish a final rule on May 18, 2021, that will rescind the October 18, 2020, rulemaking that established procedures for issuing, modifying, withdrawing, and using guidance documents. According to the final rule, after consideration and review, “EPA has concluded that the internal rule on guidance deprives the EPA of necessary flexibility in determining when and how best to issue public guidance based on particular facts and circumstances, and unduly restricts the EPA's ability to provide timely guidance on which the public can confidently rely.” EPA states that it will continue to make Agency guidance available to the public at https://www.epa.gov. In addition, EPA will comply with all statutory obligations pertaining to posting documents for public accessibility. EPA will also continue its practice, as appropriate, of soliciting stakeholder input on guidance of significant stakeholder and public interest. EPA notes that consistent with the Administrative Procedure Act (APA), stakeholders may still petition EPA at any time regarding its regulatory programs, including requests to issue, amend, or repeal EPA guidance. The final rule will be effective when published in the Federal Register.


 
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