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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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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By Lynn L. Bergeson
 
On May 14, 2021, the U.S. Department of Energy (DOE) announced $35 million in funding for 15 research projects focused on reducing the carbon footprint of biofuel production. Housed at colleges, laboratories, and universities in nine states, these projects aim to advance new technologies to decarbonize biorefining processes in the agriculture, energy, and transportation sectors. Funding awards are supported by DOE’s Advanced Research Projects Agency-Energy (ARPA-E) through its “Energy and Carbon Optimized Synthesis for the Bioeconomy” (ECOSynBio) program. The 15 selected teams will research five methods to optimize biofuel production:

  • Carbon-optimized fermentation strains that avoid carbon dioxide (CO2) waste;
  • Engineered organisms that can use a mix of different sources of energy and carbon and avoid evolving CO2;
  • Biomass-derived sugar or carbon oxide gas fermentation with internal CO2 recycling;
  • Cell-free carbon-optimized biocatalytic biomass conversion and/or CO2 use; and
  • Cross-cutting carbon-optimized bioconversion methods that have the potential for high-impact emission reductions.

Additional information about the winning projects is available here.


 
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By Lynn L. Bergeson

On May 10, 2021, the U.S. Department of Energy (DOE) selected four research and development (R&D) projects focused on the interaction between promising biofuels and combustion engines. As part of the DOE Bioenergy Technologies Office’s Co-Optimization of Fuels & Engines (Co-Optima) initiative, the four projects will leverage National Laboratory capabilities that can bring biofuel-engine combinations closer to commercial adoption. Each project awardee will receive up to $250,000 in National Laboratory assistance for experimental or computational projects that can leverage innovative capabilities in bioblendstock fuel property, production, and combustion performance research. Awardees have committed to a 20 percent cost share contribution.


 
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The American Chemical Society (ACS) presents the 25th Annual Green Chemistry & Engineering Conference, with sessions spanning the breadth and depth of green and sustainable chemistry and engineering. This year's conference theme is Sustainable Production to Advance the Circular Economy and Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®) will present “Getting to market: Planning for regulatory approval” during the Green and Sustainable Chemistry in Manufacturing for More Sustainable Household and Personal Care Products session.


 
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By Lynn L. Bergeson
 
On May 5, 2021, the U.S. Environmental Protection Agency (EPA) published a notice of disclosure to all obligated parties under the Renewable Fuel Standard (RFS) program that have submitted small refinery exemption (SRE) petitions and to all parties whose RFS information otherwise resides in EPA’s Moderated Transaction System (EMTS).  EPA’s action is in response to a U.S. Government of Accountability Office (GAO) request to disclose such information that has been submitted to EPA that claims to be, or is determined to be, confidential business information (CBI).  The information to be disclosed includes documents and data related to SRE petitions received by EPA since the beginning of the RFS program through the present. Such records include:

  • All materials submitted by small refineries as part of its SRE petition;
  • Any documentation sent by the U.S. Department of Energy (DOE) to EPA summarizing DOE’s findings and score(s) associated with the petition(s) and any EPA responses to such petitions;
  • Any EPA record that addresses the subject of the exemption petition(s), including EPA analysis done in addition to DOE’s findings;
  • EPA’s final exemption decision sent to the refinery; and
  • RFS related transaction-level data contained in EMTS, including Renewable Identification Number (RIN) transactions under RFS.

These records and information will be shared with GAO no later than 16 days after the publication of the notice.  All CBI-claimed documents will be destroyed, deleted, or returned to EPA at the conclusion of GAO's review.

Tags: RFS, SRE, CBI, Biofuel, DOE

 
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By Lynn L. Bergeson

On May 12, 2021, from 3:30 p.m. to 5:00 p.m. (EDT), the European Commission (EC) Helpdesk will host a webinar on appropriate Intellectual Property (IP) rights for biotechnology inventions.  The 60-minute webinar will provide an overview of:

  • Relevant IP rights;
  • Product development IP context;
  • IP specifics in biotechnology;
  • IP portfolio development; and
  • IP portfolio management.

The webinar is free of charge, but registration is required.  Additional information is available here.


 
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By Lynn L. Bergeson
 
On April 28, 2021, University of York researchers announced the discovery of a new enzyme derived from a fungus called Parascedosporium putredinis NO1, that can act as a catalyst for a biochemical reaction that breaks down forestry and agricultural waste.  The research was done in collaboration with DOE’s Great Lakes Bioenergy Research Center and the University of Wisconsin.  This development, according to the University of York, could play a key part in upscaling renewable fuels and chemicals.  Professor Neil Bruce explained that this discovery is a breakthrough because, currently, there are no industrial biocatalytic processes for breaking down lignin, which is present in lignocellulose.  This enzyme, however, can break through the lignin to begin the degradation process needed to produce biofuels.  Professor Bruce elaborated that the “treatments with this enzyme can increase the digestibility of lignocellulosic biomass, offering the possibility of producing a valuable product from lignin while decreasing processing costs.”


 
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By Lynn L. Bergeson

On April 29, 2021, the U.S. Department of Energy (DOE), in partnership with nine National Laboratories, issued a report titled “Hybrid Energy Systems: Opportunities for Coordinated Research.” The report outlines opportunities for innovation through joint research and development (R&D) on hybrid energy systems.  According to DOE, these opportunities can drive the production of valuable chemicals, fuels, and products that are cost-efficient, increase grid flexibility, and decarbonize the U.S. economy.  The report comes at a crucial point in time as DOE focuses on meeting the Biden Administration’s goal of achieving 100 percent clean energy by 2050.  DOE Hybrids Task Force members and representatives from various DOE offices will use the report as an optimization tool to design more cost-efficient and grid-friendly hybridization technologies.


 
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By Lynn L. Bergeson

On April 28, 2021, DOE issued a $22.5 million request for proposals (RFP) for projects that support recovery, recycling, and reuse of material waste generated by the manufacturing sector.  DOE EERE stated that “[p]rojects funded through this solicitation will develop technologies that reduce embodied energy and carbon emissions associated with the production and consumption of metals, polymers, fibers, and electronic waste, as well as identify training activities that will expand the American manufacturing workforce.”  The projects will be managed by DOE’s Reducing Embodied-Energy and Decreasing Emissions (REMADE) Institute, which is funded by DOE EERE’s Advanced Manufacturing Office.


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

On April 27, 2021, DOE’s Federal Energy Management Program (FEMP) issued a Federal Agency Call (FAC) titled “Assisting Federal Facilities with Energy Conservation Technologies (AFFECT 2021),” soliciting $13 million for new energy projects that will help federal facilities to improve the efficiency of their operations and reduce their carbon footprints.  These efforts come with the hope that DOE will contribute to the Biden Administration’s goal of a 100 percent clean-energy economy and net-zero emissions by 2050.  DOE’s FEMP actions will, according to DOE Office of Energy Efficiency and Renewable Energy’s (EERE) Acting Assistant Secretary, Kelly Speakes-Backman, “… both decarbonize and strengthen the critical energy and water infrastructure at … federal facilities, ensuring continuous operations in times of crisis.”
 
AFFECT 2021 will fund efficient, clean-energy projects that address directly climate change mitigation and adaptation through privately financed performance contracts, including:

  • Energy savings performance contracts (ESPC);
  • ESPC ENABLE – An initiative designed to permit a standardized and streamlined procurement process for small federal energy conservation measures (ECM) projects in six months or less; and
  • Utility energy services contracts (UESC).

The goal is for these performance contracts to leverage the $13 million in AFFECT grants into approximately $260 million or more in project investments.
 
Applications are being accepted for the AFFECT 2021 FAC until July 16, 2021, at 5:00 p.m. (EDT).  Registration is required prior to submission through EERE Exchange. Additional information is available here.


 
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