The Biobased and Renewable Products Advocacy Group (BRAG) helps members develop and bring to market their innovative biobased and renewable chemical products through insightful policy and regulatory advocacy. BRAG is managed by B&C® Consortia Management, L.L.C., an affiliate of Bergeson & Campbell, P.C.

 
  • Email This
  • Print
  • Share Link

By Lynn L. Bergeson

On October 17, 2018, the U.S. Environmental Protection Agency (EPA) issued its final fees rule under the Toxic Substances Control Act (TSCA) in the Federal Register.  83 Fed. Reg. 52694.  The final rule largely tracks the proposed rule.  EPA is establishing fees applicable to any person required to submit information to EPA; or a notice, including an exemption or other information, to be reviewed by EPA; or who manufactures (including imports) a chemical substance that is the subject of a risk evaluation.  This final rulemaking describes the final TSCA fees and fee categories for fiscal years 2019, 2020, and 2021, and explains the methodology by which the final TSCA fees were determined.  It identifies some factors and considerations for determining fees for subsequent fiscal years; and includes amendments to existing fee regulations governing the review of premanufacture notices, exemption applications and notices, and significant new use notices. As required in TSCA, EPA is also establishing standards for determining which persons qualify as “small business concerns” and thus would be subject to lower fee payments.  Small businesses will be eligible to receive a substantial discount of approximately 80 percent on their fees.  EPA has been hosting a series of webinars focusing on making TSCA submissions and paying fees under the final rule.  The first webinar was held on October 10, 2018, and the second was held on October 24, 2018. The third webinar will be held on November 7, 2018, from 1:00 p.m. to 2:30 p.m. (EST).  The final rule became effective on October 18, 2018. For an overview of the rule, see Bergeson & Campbell, P.C.’s regulatory developments update.
Tags: EPA, TSCA

 
  • Email This
  • Print
  • Share Link

By Lynn L. Bergeson

On October 16, 2018, the Office of Information and Regulatory Affairs released the Trump Administration’s Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions (Agenda). The Agenda aims to report on actions that administrative agencies, such as EPA, plan to put forward in the near- and long-terms. As its name implies, the Agenda includes both regulatory and deregulatory actions and attempts to justify any burden associated with these actions. According to its announcement, it should reflect four broad regulatory reform priorities: advancing regulatory reform, public notice of regulatory development, transparency, and consistent practice across the Federal Government.
 
Included in the Agenda are the Administration’s estimated timelines for the rulemakings on year-round sales of 15 percent ethanol (E15) sales and the Renewable Fuel Standard (RFS) resetting renewable volume obligations (RVO). It is expected that EPA will release a proposed rule on permitting E15 sales year-round in February 2019, with a final rulemaking expected in May 2019. While the final rulemaking on RFS Biomass-Based Diesel (BBD) volume is expected to be announced in November 2018, the rulemaking on the RFS modification of applicable volumes is predicted to be announced in 2019. According to the Agenda, the proposed rule will be announced in January 2019 and the final rule should follow in December 2019.

Tags: EPA, TSCA, Agenda

 
  • Email This
  • Print
  • Share Link

By Lynn L. Bergeson

The European Commission (EC) announced on October 16, 2018, the launch of a new web-based tool called BioWatch. Developed by BIOWAYS, a project funded by the European Union (EU), this new tool expands BIOWAYS’ efforts in raising awareness of biobased products and their social, economic, and environmental benefits. BioWatch consists of “an interactive online platform that provides projects in the bioeconomy sector with a free service to position themselves alongside one another and provide direct access to industry, political stakeholders, the media, and the general public.” Essentially, this tool serves as an “e-library” for biobased research and projects for its members. BIOWAYS is currently recruiting biobased industry research projects to begin building its “e-library.” More information is available on its website.


 
  • Email This
  • Print
  • Share Link

By Lynn L. Bergeson

In the beginning of October 2018, researchers from the University of California – Berkeley published a paper in Nature Nanotechnology that explains how a new bacterium can produce fuels through artificial photosynthesis upon being fed gold. The formerly undiscovered bacterium, Moorella thermoacetica, allows for the development of photosynthetic biohybrid systems (PBS), linking inorganic light with preassembled biosynthetic pathways. The addition of gold nanoclusters, AuNCs, is used to circumvent electron transfer for existing PBSs through its addition to M. thermoacetica, which is a non-photosynthetic bacterium. “Translocation of these AuNCs into the bacteria enables photosynthesis of acetic acid from CO2 […] realizing CO2 fixation continuously over several days,” which leads to an accelerated production of biofuels.

Tags: Nano, Biofuel

 

 
  • Email This
  • Print
  • Share Link

By Lynn L. Bergeson

On October 15, 2018, U.S. Representatives Ruben Gallego (D-AZ) and Danny Davis (D-IL) submitted a letter to the U.S. Environmental Protection Agency (EPA) expressing concern over President Trump’s issuance of waivers to the Renewable Fuel Standard (RFS). Particularly worried about EPA’s recent actions to waive RFS blending requirements, the letter, signed by 19 members of Congress, urges EPA “to halt the issuance of additional RFS waivers and to reallocate waived gallons in the 2019 Renewable Volume Obligations.” According to the letter, the issuance of these waivers has led to higher gas prices and higher emission levels, particularly, in communities of color that are disproportionately impacted by air pollution. Given the largely negative impacts of these waivers, the letter also highlights the benefits and importance of biofuels in reducing greenhouse gas (GHG) emissions and, consequently, improving public health outcomes. “The Trump administration’s decision to abandon RFS goals has already set back our progress by 5 years,” Representative Gallego expanded in a press release.

Tags: RFS, Biofuel

 
  • Email This
  • Print
  • Share Link

By Lynn L. Bergeson

On October 11, 2018, President Trump issued a Presidential Determination that the development and purchase of equipment and materials needed for alane fuel cells are essential to the national defense.  Alane fuel cells are, essentially, comprised of aluminum hydride and are possible alternatives to hydrogen fuel cells.  According to manufacturers, the only byproducts are water and aluminum, the latter of which can be recycled.
 
Issuing the determination under Section 303 of the Defense Production Act of 1950, the President stated that “United States industry cannot reasonably be expected to provide the capability for the production of alane fuel cells adequately and in a timely manner. Further, purchases, purchase commitments, or other action pursuant to section 303 of the Act are the most cost effective, expedient, and practical alternative method for meeting the need for this critical capability.”
 
In general, Section 303 authorities can be used by the President to provide incentives for domestic private industry to produce and supply critical goods that are necessary for the national defense.  It vests the President with an array of authorities to create, maintain, protect, expand, or restore domestic industrial base capabilities essential to the national defense. These authorities include purchasing or making purchase commitments of industrial resources or critical technology items; making subsidized payments for domestically produced materials; and installing and purchasing equipment for industrial facilities to expand their productive capacity.


 
  • Email This
  • Print
  • Share Link

By Lynn L. Bergeson

On October 11, 2018, the European Commission (EC) released a statement announcing its new action plan for a sustainable bioeconomy in Europe. The new action plan, originally announced by President Juncker and First Vice-President Timmermans in their letter of intent, aims to “improve and scale up the sustainable use of renewable sources to address global and local challenges such as climate change and sustainable development.” In his remarks, EC Vice-President for Jobs, Growth, Investment and Competitiveness, Jyrki Katainen, emphasized the need for systemic changes as key drivers of change for the bioeconomy sector. Renewable and sustainable solutions depend on collaborative efforts by governments and industry stakeholders. Based on this premise, EC’s new strategy focuses on three key objectives that include 14 measures to be taken as early as 2019.  The three objectives are to:

  1. Scale up and strengthen the biobased sectors;
  2. Rapidly deploy bioeconomies across Europe; and
  3. Protect the ecosystem and understand the ecological limitations of the bioeconomy.

​These long- and short-term objectives focus on modernizing the European biobased economy and call for systemic changes that will reduce the large underused biomass and waste potential. The action plan will be further discussed and outlined during a conference with stakeholders, hosted by the EC on October 22, 2018, in Brussels.


 
  • Email This
  • Print
  • Share Link

By Lynn L. Bergeson

On October 12, 2018, the EC announced new requirements for labeling fuel. As of the aforementioned date, European Union (EU) Member States must use set fuel labels on newly produced vehicles, at vehicle dealerships, and at gas stations that dispense hydrogen, diesel, compressed natural gas, liquefied petroleum gas, petrol, and liquefied natural gas. Given the growing variety of fuels on the market, the EC’s new requirements address the greater need for transparency of information to consumers. The labels are to be put on the nozzles of gas filling pumps, on the pumps themselves, and in the vicinity of fuel filler caps on new cars, motorcycles, buses, and coaches, among other places.

Tags: EU, Biofuel

 
  • Email This
  • Print
  • Share Link

By Lynn L. Bergeson

On October 15, 2018, the American Chemical Society (ACS) held the 2018 Green Chemistry Challenge Awards Ceremony at the National Education Association in Washington, D.C. This year, five awards were given to academics, scientists, and business innovators across the biobased industry sector. Promoting environmental and economic benefits of developments in green chemistry, the ACS Green Chemistry Institute hosts this event on an annual basis. Of particular interest in this year’s ceremony was the “Greener Reaction Conditions Award” presented to Mari Signum Mid-Atlantic, L.L.C. for their research: A Practical Way to Mass Production of Chitin: The Only Facility in the U.S. to Use Ionic Liquid-Based Isolation Process. Awarded for its commercialization of a safe, environmentally friendly, low energy demand, and overall cost efficient process to produce chitin from seafood waste, Mari Signum Mid-Atlantic, L.L.C., holds the only facility in the U.S. that uses an ionic liquid-based isolation process. The zero-discharge process is a key development in the biobased industry due to the fact that all components of the waste crustacean biomass are monetized, recycled, and reused.
 
ACS Green Chemistry Challenge Award Winners also included:

  • Academic Award -- Professor Frank Gupton and Professor Tyler McQuade, Virginia Commonwealth University, “Increasing Global Access to the High-volume HIV Drug Nevirapine through Process Intensification
  • Small Business Award -- Chemetry, Corp., “The eShuttleTM Technology for Propulene Oxide and Reducing CO2 Emissions in the PVC Supply Chain
  • Greener Synthetic Pathways Award -- Merck & Co. and Merck Research Laboratories, “A Sustainable Commercial Manufacturing Process for Doravirine from Commodity Chemicals
  • Designing Greener Chemicals Award -- Corteva AgriscienceTM Agriculture Division of DowDuPontTM, “RinskorTM Active -- Improving Rice Production While Reducing Environmental Impact

Bergeson & Campbell, P.C. congratulates all ACS Green Chemistry Challenge Award Winners for their invaluable contributions to a more sustainable and renewable future.


 

 
  • Email This
  • Print
  • Share Link

By Lynn L. Bergeson

On October 9, 2018, the U.S. Department of Energy (DOE) announced a memorandum of understanding (MOU) with the U.S. Army on a collaborative project designed to develop hydrogen and fuel cell technologies for civilian and military use. The MOU was signed by the U.S. Department of Army’s Tank & Automotive Research Development and Engineering Command (TARDEC) and the DOE’s Fuel Cell Technologies Office (FCTO). It aims to facilitate the research and development of innovative hydrogen and fuel cell technologies portfolios. The research will include studies on hydrogen production from domestic resources, infrastructure development, and fuel cells for transportation. Additionally, the MOU will allow for further exploration of a DOE FCTO concept called H2@ Scale, which “explores the potential for wide-scale hydrogen production and utilization in the United States to enable resiliency of the power generation and transmission sectors.”


 
  • Email This
  • Print
  • Share Link

By Lynn L. Bergeson

On October 9, 2018, during a rally in Council Bluffs, Iowa, U.S. President Donald Trump announced that he will order the U.S. Environmental Protection Agency (EPA) to expand its sales of corn ethanol. This action, which farmers across the U.S. have been waiting for, will allow for year-round sales of 15 percent biofuels (E15) ethanol blends. Currently, E15 sales are restricted during the summer months in certain states, limiting the expansion of the market space for biofuels. Well received by many in the industry, the announcement was particularly appreciated by the Biotechnology Innovation Organization (BIO), a Biobased and Renewable Products Advocacy Group (BRAG®) member, which applauded President Trump’s decision in a press release. Brent Erikson, BIO’s Executive Vice President, emphasized in his statement that “[a]llowing E15 to be sold year-round will help unleash the potential of cellulosic biofuels by creating more demand and marked headroom for the next generation of biofuels.”


 
  • Email This
  • Print
  • Share Link

By Lynn L. Bergeson

On September 27, 2018, the U.S. Environmental Protection Agency (EPA) announced the user fees final rule for the administration of the Toxic Substances Control Act (TSCA), the fourth and remaining framework rule to be issued in final under the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg).

This final rule, that amends 40 C.F.R. Parts 700, 720, 723, 725, 790, and 791, “describes the final TSCA fees and fee categories for fiscal years 2019, 2020, and 2021”; “explains the methodology by which the final TSCA fees were determined”; “identifies some factors and considerations for determining fees for subsequent fiscal years”; and “includes amendments to existing fee regulations governing the review of premanufacture notices, exemption applications and notices, and significant new use notices.”  The final rule has not been published yet in the Federal Register so an effective date is not yet available; a pre-publication version is available here.

Specifically, EPA is establishing fees applicable to any person required to submit information to EPA under TSCA Section 4; or a notice, including an exemption or other information, to be reviewed by EPA under TSCA Section 5; or who manufactures (including imports) a chemical substance that is the subject of a risk evaluation under TSCA Section 6(b).  EPA is also establishing standards for determining which persons qualify as "small business concerns" and thus would be subject to lower fee payments.  

In the press release announcing the rule, EPA Acting Administrator Andrew Wheeler states that this rule will “provide resources needed to support the valuable work EPA does to review chemicals for safety, manage risk as required, and make chemical information available as appropriate.”  During fiscal years 2019-2021, EPA states it will “work to track costs and will use that information to adjust future fees, if appropriate.”

EPA also announced that it will be hosting a series of webinars focusing on making TSCA submissions and paying fees under the final rule.  The first webinar was held on October 10, 2018. Two other webinars are scheduled for October 24, 2018, from 1:00 p.m. - 2:30 p.m. (EDT); and November 7, 2018, from 1:00 p.m. - 2:30 p.m. (EST).

More information on TSCA implementation is available on our website under key phrase Lautenberg Implementation.  More information on the TSCA user fees final rule is available in Bergeson & Campbell, P.C.’s (B&C®) detailed memorandum, “EPA Issues Final TSCA Fees Rule.”

Tags: TSCA

 
 < 1 2 3 4 5 >  Last ›