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.

By Lynn L. Bergeson 

On December 29, 2021, the Kentucky Commissioner of Agriculture, Dr. Ryan Quarles, announced that eligible Kentucky companies can now apply to the state’s Renewable Chemical Production Program. This program provides tax credits for capital investment, job creation, and the production of more than 30 chemicals derived from biomass feedstocks. These chemicals are limited to building block chemicals with a biobased content percentage of at least 50 percent, except for chemicals sold or used for the production of food, feed, or fuel. A complete list of chemicals and company eligibility requirements can be found at https://apps.legislature.ky.gov/law/kar/302/004/010.pdf. To learn more about Kentucky’s Renewable Chemical Production Program or to request an application, contact Tim Hughes at .(JavaScript must be enabled to view this email address). Completed applications, along with a $500 compliance fee, are due by January 15, 2022.


 

Bergeson & Campbell, P.C. (B&C®) is pleased to provide our Forecast 2022 to readers of the Biobased and Renewable Products Update, offering our best informed judgment as to the trends and key developments we expect to see in the new year. Global and national policy reforms continue to focus increasingly on a circular economy as a critical part of addressing climate change. In 2022, industry stakeholders can expect the U.S. Department of Energy (DOE) to announce funding opportunities for efforts focused on the development of novel biobased chemistry. Stakeholders in the biobased chemical industry should also plan to monitor activities on Capitol Hill, including the Sustainable Chemistry Research and Development Act, passed in July 2020 as part of the National Defense Authorization Act for fiscal year (FY) 2021. More details on this, and expected regulatory changes of all varieties, are available in our Forecast for U.S. Federal and International Chemical Regulatory Policy 2022.

WEBINAR
What to Expect in Chemicals in 2022
January 26, 2022, 12:00 p.m. EST
Register Now

B&C will be presenting a complimentary webinar, “What to Expect in Chemicals in 2022,” focusing on themes outlined in the forecast. Join Lynn L. Bergeson, Managing Partner; Richard E. Engler, Ph.D., Director of Chemistry; and James V. Aidala, Senior Government Affairs Consultant, for this informative and forward-looking webinar.


 

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

On November 23, 2021, the American Chemical Society (ACS) Green Chemistry Institute (GCI) announced that it is accepting applications for the Nina McClelland Memorial Award for postdoctoral chemists engaged in green chemistry research. Annually, two awardees will receive a $2,000 sponsorship to participate in and present their research at the annual ACS Green Chemistry & Engineering Conference (GC&E).

The 2022 GC&E will be held in Reston, Virginia, from June 6 to June 8, 2022. Both U.S. and international postdoctoral scholars are eligible to apply for this opportunity. For purposes of this award, ACS GCI characterizes green and sustainable chemistry innovation activities as:

  • Elimination and reduction of toxics and pollution;
     
  • Holistic systems design;
     
  • Maximization of resource efficiency; and
     
  • Utilization of life cycle thinking.

Applications must address at least one of these attributes, and nominees are encouraged to address as many of them as possible. The application deadline is December 31, 2021. Additional information on how to apply is available here.


 

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

On October 7, 2021, the California Department of Toxic Substances Control (DTSC) announced that the Green Ribbon Science Panel (GRSP) will hold a meeting from 12:00 p.m. to 3:00 p.m. (EDT) on November 5, 2021. The meeting will focus on microplastic research and policy.
 
GRSP was established to act as a resource for the implementation of California’s Green Chemistry Law. GRSP provides technical advice to the DTSC Director and the California Environmental Policy Council (CEPC) on scientific matters related to the development of policy recommendations and implementation strategies on green chemistry and chemicals through DTSC’s Safer Consumer Products (SCP) program. Additional topics covered by GRSP as the SCP program continues to expand include:


 

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

On October 7, 2021, the California Department of Toxic Substances Control (DTSC) announced that the Green Ribbon Science Panel (GRSP) will hold a meeting from 12:00 p.m. to 3:00 p.m. (EDT) on November 5, 2021. The meeting will focus on microplastic research and policy.
 
GRSP was established to act as a resource for the implementation of California’s Green Chemistry Law. GRSP provides technical advice to the DTSC Director and the California Environmental Policy Council (CEPC) on scientific matters related to the development of policy recommendations and implementation strategies on green chemistry and chemicals through DTSC’s Safer Consumer Products (SCP) program. Additional topics covered by GRSP as the SCP program continues to expand include:


 

By Lynn L. Bergeson 

The U.S. Government Accountability Office (GAO) posted a WatchBlog item entitled “Can Chemical Recycling Reduce Plastic Pollution?” on October 5, 2021. The item looks at GAO’s September 2021 Science & Tech Spotlight: Advanced Plastic Recycling. According to GAO, chemical recycling could reduce the amount of plastic that ends up in landfills, potentially reducing the release of chemicals into the environment. Chemical recycling can produce high-quality raw materials, decreasing the demand for fossil fuels and other natural resources. GAO states that the obstacles to using chemical recycling include process and technology challenges, high startup and operating costs, and limited incentives for recycling innovation and investment. GAO notes that new plastics produced from fossil fuels are typically cheaper to produce than recycled plastics, in part due to transportation costs and limited recycling infrastructure, making recycled plastics less marketable. Key questions for policymakers include:

What steps could the federal government, states, and other stakeholders take to further incentivize chemical recycling rather than disposal? What are the potential benefits and challenges of these approaches?

What steps could policymakers take to support a transition toward a circular economy -- one in which products are not disposed of but are recycled for reuse including innovation -- and investment in manufacturing and recycling capacity?

What might policymakers do to promote advanced recycling technologies while also reducing the hazards associated with existing plastic production and recycling methods?

One issue that GAO fails to consider is the regulatory status of depolymerized plastic. Furthermore, making a polymer by depolymerizing plastic is, according to the Toxic Substances Control Act (TSCA) nomenclature rules, different than the virgin polymer. These nomenclature complications will likely be a barrier to the commercialization of the closed-loop chemical recycling of plastics.


 

Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), will present during the “Moving Towards ‘Cradle-to-Cradle’: Regulatory Drivers and Barriers in Reducing Waste and Achieving Sustainable Lifecycle Management and a Circular Economy” session on October 14, 2021, at 1:45 p.m. (EDT), at the American Bar Association’s (ABA) Section of Environment, Energy, and Resources (SEER) 29th Fall Conference.


 

By Lynn L. Bergeson 

The American Chemical Society’s Green Chemistry Institute® (ACS GCI) is now accepting symposium proposals for the 2022 26th Annual Green Chemistry & Engineering (GC&E) Conference that will be held in Reston, Virginia, from June 6 to June 8, 2022. The theme for the 2022 GC&E Conference is “Thinking in Systems: Designing for Sustainable Use,” and ACS GCI is looking for proposals focused on green and sustainable chemistry and engineering product development and commercialization. Proposals are due by October 11, 2021. Additional information and guidelines are available here.


 

By Lynn L. Bergeson 

On September 20, 2021, the U.S. Food and Drug Administration (FDA) announced the availability of its revised final guidance for industry on biosimilar development and the Biologics Price Competition and Innovation Act of 2009 (BPCI Act). Titled “Questions and Answers on Biosimilar Development and the BPCI Act,” the revised guidance aims to inform prospective applicants and facilitate the development of proposed biosimilars and proposed interchangeable biosimilars. The guidance also includes FDA’s interpretation of certain statutory requirements added by the BPCI Act.


 

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

On September 22, 2021, as part of Pollution Prevention Week, the U.S. Environmental Protection Agency (EPA) recognized 33 Safer Choice Partner of the Year award winners for their achievements in design, manufacture, selection, and use of products with safer chemicals. Michal Freedhoff, Assistant Administrator for EPA’s Office of Chemical Safety and Pollution Prevention (OCSPP), commented on the winners’ achievements, stating: “Today, we recognize the leadership and accomplishments of Safer Choice partners and stakeholders for their work helping consumers and commercial buyers identify products with safer chemical ingredients, without sacrificing quality or performance. Additionally, I’m excited to see that the work done by many of this year’s awardees support the Biden-Harris Administration’s goals of addressing climate change and advancing environmental justice.”
 
This year, award applicants were encouraged to demonstrate how their work with safer chemistry bolsters resilience to the impacts of climate change, promotes environmental justice, and results in cleaner air or water. In the upcoming year, EPA hopes to build on award winners’ work by expanding the Safer Choice program to make products containing safer chemicals increasingly available to underserved communities. Winners of this year’s award include small- and medium-sized companies, women-owned companies, state and local governments, non-governmental organizations (NGOs), and associations.


 
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