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.

By Lynn L. Bergeson

The U.S. Environmental Protection Agency (EPA) has included a new data portal on its website to promote greater transparency on small refineries exemptions to the Renewable Fuel Standard (RFS). Criticized in the past for its lack of transparency, EPA’s new RFS data portal also provides previously undisclosed information on Renewable Identification Number (RIN) transactions, renewable fuel volume production, average RIN prices, and RIN transaction volumes. The data available dates back to July 1, 2010, which is when EPA started collecting the information provided. EPA intends to update the data portal on a monthly basis.

Tags: EPA, Biofuel, RFS, RIN

 

By Lynn L. Bergeson

On September 25, 2018, the U.S. House of Representatives passed without objection the Pandemic and All-Hazards Preparedness And Advancing Innovation Act of 2018. Introduced on July 16, 2018, by Congresswoman Susan W. Brooks (R-IN), this Act reauthorizes certain programs under the Pandemic and All-Hazards Preparedness Reauthorization Act, and amends the Public Health Service Act and the Federal Food, Drug, and Cosmetic Act. Amongst these reauthorized programs are the federal biodefense programs and agencies which include the Biomedical Advanced Research and Development Authority, as well as the BioShield Special Reserve Fund, which impact the biotechnology industry. Industry stakeholders positively responded to the passing of this Act, including the Biotechnology Innovation Organization (BIO), a member of the Biobased and Renewable Products Advocacy Group (BRAG®), who congratulated the House in a released statement.


 

Borrowing from William Shakespeare … WHAT’S IN A NAME? That which we call a biobased chemical. By any other name would stand as sustainable. And yet, it is the mere name of the biobased chemical that hinders its ability to go to market!

Did you know that the Toxic Substances Control Act (TSCA) is interpreted and applied in ways that often cause new biobased chemicals and their derivatives to be subject to stringent premarket review by EPA? This review often results in the application of restrictions that are not applicable to older chemical substances already in commerce. This lack of consistency results in regulatory and commercial challenges for new biobased chemical products that hamper commercialization pathways and invite considerable delays to market entry. This oddity of the current EPA naming system results in newer biobased technologies that offer the same, if not greater, benefits than existing chemicals now being commercialized. Any company or organization intending to market biobased products -- whether they come from plants, algae, or industrial waste -- should be aware of this situation and join the effort to create a more sensible regulatory approach.

As a company focused on creating chemistry for a sustainable future, we invite your organization to join BRAG as a member in 2019. BRAG is a group of international and well respected member organizations and companies engaged in the development of biobased or renewable chemical products. BRAG members recognize the importance of advocacy, education, and communication.

BRAG is helping its members understand and comply with the application of TSCA to their products and operations, educating regulatory officials on biobased chemical production and the application of TSCA to these products, and developing strong and compelling advocacy platforms to ensure the robust commercialization and growth of biobased and renewable chemical feedstocks. No other biobased chemical industry consortium focuses on TSCA in this way or on biobased chemical commercialization and associated regulatory inequities. Because BRAG is managed by B&C® Consortia Management, L.L.C. (BCCM), a group that has regulatory compliance advisors, legal counsel, and science policy experts available for consultation and strategy development, we have the legal, technical, and management capacity to identify, develop, and implement successfully strategic plans to modify current EPA approaches or policies.

BRAG is expanding its membership to include more companies that have already been or may be adversely impacted by EPA’s current policies. As the leader in TSCA compliance issues, BRAG provides strength in numbers, which allows for more efficient engagement with EPA on these critical issues for less cost.

For further information, contact Ligia Duarte Botelho at .(JavaScript must be enabled to view this email address).

Tags: BRAG, TSCA

 
Tags: Biofuel

 

By Lynn L. Bergeson

On September 11, 2018, Bloomberg Environment Insights published a three-part article series, written by Bergeson & Campbell, P.C. (B&C®), on the impact of the new Toxic Substances Control Act (TSCA) Section 5 and its implementation. Despite the U.S. Environmental Protection Agency’s (EPA) overall timely and balanced efforts in the implementation of TSCA, EPA’s approach to TSCA Section 5 implementation has proved itself less successful. With emphasis on how EPA’s approach to Section 5 has impeded the commercialization of sustainable chemical technologies, this three-part series delves into the various challenges presented by TSCA on the biobased and biotechnology markets. The obstacles discussed in the articles, ironically, often extend the market presence of less sustainable chemicals rather than allowing for the expansion of more sustainable technologies. The three articles can be accessed here: Part 1, Part 2, and Part 3.
Tags: BNA, Insight, TSCA

 

By Lynn L. Bergeson

On September 14, 2018, the U.S. Department of Agriculture’s (USDA) Office of Procurement and Property Management announced a proposal to amend the Guidelines for Designating Biobased Products for Federal Procurement. Under this amendment, 30 sections will be added to determine categories within which biobased products “would be afforded procurement preference by Federal agencies and their contractors.” These categories include products that are made from intermediate ingredients that were formerly proposed for designation for federal procurement preference. In its proposed amendment, USDA is suggesting a minimum biobased content for each of these product categories. The aim is to amend the existing designated categories of firearm lubricants, water clarifying agents, general purpose de-icers, and laundry products to align them to the data gathered since these categories were originally designated. Comments must be submitted on or before November 13, 2018.


 

By Lynn L. Bergeson

On September 17, 2018, scientists at Columbia University published findings of a study on carbon dioxide (CO2) electrocatalysis as the first step in converting CO2 into renewable fuels. The results of the study are key in developing conversion points for CO2 to be used as a feedstock and renewable electricity in the synthesis of different types of fuel. For further details on the groundbreaking progress discovered by Columbia University’s scientists, the published article can be found in its entirety here.


 

 

By Lynn L. Bergeson

On September 7, 2018, U.S. Congressman David Young (R-IA) introduced, in a bipartisan effort with U.S. Congressman Collin Peterson (D-MN), the Restoring Our Commitment to Renewable Fuels Act. Under this bill, the U.S. Environmental Protection Agency (EPA) would be required “[t]o provide for reallocation of the renewable fuel obligation of exempted small refineries under section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) to other refineries, blenders, distributors, and importers, and for other purposes.”  As a response to EPA’s 2019 Renewable Volume Obligations (RVO) proposal, the bill aims to address issues related to the former EPA Administrator, Scott Pruitt, and his decision to undercut the Renewable Fuel Standards (RFS) through “hardship” waivers received by refineries. Calling for greater transparency within EPA’s decisions on issuing these waivers, this Act holds EPA accountable to meet and maintain the RVOs set annually. The bill also calls for the reallocation of each gallon of renewable fuel covered by these exemptions.


 

By Lynn L. Bergeson

On September 11, 2018, the U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) announced it would be presenting a Chemical Catalysis for Bioenergy Consortium (ChemCatBio) webinar entitled “CatCost: An Estimation Tool to Aid Commercialization and R&D Decisions for Catalytic Materials” on Wednesday, September 26, 2018, from 2:00 p.m. to 2:45 p.m. (EDT).  CatCost is a catalyst cost estimation tool developed by DOE to more accurately estimate costs early in the catalyst development process prior to commercialization.  DOE states that the webinar will “detail the methods used by CatCost, discuss how the tool was validated using commercially available materials, … provide pre-commercial estimate examples[,]” and “include a tutorial on how to use CatCost.”  Registration is available online.


 
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