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 Lauren M. Graham, Ph.D.

On October 18, 2017, Senator Debbie Stabenow (D-MI) introduced to the Senate the Renewable Chemicals Act of 2017 (S. 1980), which aims to establish a short-term tax credit for the production of renewable chemicals and for investment in renewable chemical production facilities.  If enacted, the legislation would allow taxpayers to claim a production credit equal to $0.15 per pound of biobased content of each renewable chemical produced.  In lieu of the production credit, taxpayers would be able to claim an investment credit equal to 30 percent of the basis of any eligible property that is part of a renewable chemical production facility.   The bipartisan bill was co-sponsored by Senators Susan Collins (R-ME), Chris Coons (D-DE), Al Franken (D-MN), and Tammy Baldwin (D-WI), and is companion legislation to H.R. 3149, which was introduced in the House in June 2017 by Representative Bill Pascrell (D-NJ).


 

By Lauren M. Graham, Ph.D.

On October 25, 2017, the U.S. Department of Energy’s (DOE) Office of Energy Efficiency and Renewable Energy (EERE) published a notice in the Federal Register regarding an open meeting of the Biomass Research and Development Technical Advisory Committee.  The meeting will take place November 15-16, 2017, in Washington D.C., and will focus on developing advice and guidance that promotes research and development (R&D) for the production of biobased fuels and products.  The tentative agenda includes updates on the U.S. Department of Agriculture (USDA) and DOE Biomass R&D activities, and presentations on improving feedstock supply chain cost and efficiency.  Stakeholders interested in attending the meeting and/or presenting oral comments should contact Dr. Mark Elless (.(JavaScript must be enabled to view this email address)) and Roy Tiley (.(JavaScript must be enabled to view this email address)) at least five business days prior to the meeting.  Meeting minutes will be available for public review on the Biomass R&D website following the meeting.

Tags: DOE, R&D, EERE, Biomass

 

By Lauren M. Graham, Ph.D.

On October 24, 2017, Neste, a member of the Biobased and Renewable Products Advocacy Group (BRAG®), announced that it was the only energy company to reach the Leadership-class ranking in three Climate Disclosure Project (CDP) programs.  Neste received an A- ranking in the CDP Climate, CDP Forests, and CDP Water programs.  CDP is a not-for-profit organization that manages a global disclosure system allowing companies, cities, states, and regions to measure and manage their environmental impact.  The CDP Climate program focuses on corporate measures to combat climate risks and take advantage of low-carbon products and services.  According to Pekka Tuovinen, Neste's Senior Advisor for sustainability, “[t]he more efficiently we operate, and the more we can reduce the climate emissions of our own supply chains, the greater will be the climate benefits of the products and solutions we offer.” 
 
Neste is the only energy sector company to transparently disclose its forest footprint as part of the CDP program.  The Leadership-class ranking demonstrates Neste’s commitment to preventing deforestation in its supply chain and requiring similar action from its raw material suppliers.  Neste continues to work on improving the traceability of various kinds of processing residues used as raw materials beyond what is mandated by regulatory requirements.
 
For the first time, Neste participated in the CDP Water program, which requires companies to disclose the measures they implement for responsible water use and water risk management.  According to Mr. Tuovinen, Neste has been carrying out water footprint calculations for its refineries and products since the 1990s.


 

 

By Kathleen M. Roberts

On October 17, 2017, the USDA’s National Institute of Food and Agriculture (NIFA) announced the recipients of 17 grants totaling $7.3 million for projects focused on the development of next generation agricultural technologies and systems to meet the growing demand for food, fuel, and fiber.  Funding is provided by NIFA’s Agriculture and Food Research Initiative (AFRI), as authorized by the 2014 Farm Bill.  Recipients include:

  • Auburn University, which received $481,539 to develop and optimize the hydrothermal liquefaction of lignin (HTL) chemical stream and to determine the best way to modify epoxy-based resins with the lignin derived material;
  • University of Georgia, which received $472,965 to develop new markets, products, and processes using activated carbon monolith catalysts produced from wood and to generate value added products from platform chemicals derived from agricultural and forest resources;
  • Iowa State University, which received $482,905 to further develop the engineering of the membrane of microbial cell factories to improve production of biobased fuels and chemicals;
  • Ohio State University, which received $482,448 to improve the efficiency, costs, and emissions of the feedstock supply system for cellulosic biorefineries by conjointly supplying corn grain and stover; and
  • University of North Texas, which received $482,905 to improve the efficiency of the pyrolysis production of biomass and product quality for biofuel and activated carbon from self-activation process.

 

 

By Kathleen M. Roberts

On October 10, 2017, the U.S. Environmental Protection Agency (EPA) published in the Federal Register its final rule establishing exemptions for a tolerance limit to use tall oil fatty acids (TOFA) as an inert ingredient “[‌i]n pesticide formulations applied to growing crops and raw agricultural commodities after harvest; in pesticides applied in/on animals, and in antimicrobial formulations for food contact surfaces.”  Pursuant to Section 408(c)(2)(A)(i) of the Federal Food, Drug, and Cosmetic Act (FFDCA), EPA has the authority to establish exemptions from the requirement of a tolerance only when it can be demonstrated clearly that the risks from aggregate exposure to the pesticide residue, including all anticipated dietary exposures and all other exposures, particularly to infants and children, for which there is reliable information, will pose no appreciable risks to human health.  In analyzing the risk, EPA considers both the toxicity of the inert ingredient and the reasonably foreseeable circumstances for exposure to the substance.  Following its evaluation and consideration of the validity, completeness, and reliability of available toxicity data, EPA determined that sufficient data were available to conclude that TOFA do not have a toxic mechanism and will not pose a risk to the U.S. population. 
 
EPA established the final rulemaking following a petition by Spring Trading Company on behalf of Ingevity Corporation requesting that 40 C.F.R. Sections 180.910, 180.930, and 180.940(a) be amended to establish the exemptions.  The regulation is effective immediately and eliminates the need to establish maximum permissible levels for residues of TOFA that are consistent with the conditions of these exemptions.  Objections and requests for hearings regarding the regulation are due by December 11, 2017.


 

By Lauren M. Graham, Ph.D.

Researchers at DOE’s Ames Laboratory are experimenting with chemical reactions that will provide an economical method of deconstructing lignin into stable, readily useful components.  Lignin is the second largest renewable carbon source on the planet, making it of interest to researchers focused on developing biofuels and bioproducts.  Currently, lignin is processed via pyrolysis or the use of an acid and high heat.  Both processes are inefficient and require high energy consumption.  Igor Slowing, an expert in heterogeneous catalysis, and his team are focused on developing a method of processing lignin at low temperature and pressure.  To achieve this goal, the team combined the decomposition and stabilization process into a single step using mild conditions and a multi-functional catalyst, specifically phosphate-modified ceria.  According to Slowing, the two processes appear to work synergistically at a lower temperature.  Following the promising results, the team aims to achieve lignin deconstruction using hydrogen from a renewable source.


 

By Lynn L. Bergeson and Margaret R. Graham

On October 15, 2017, California Governor Jerry Brown signed California Senate Bill (S.B.) 258, the Cleaning Product Right to Know Act of 2017, which would require manufacturers of cleaning products to disclose certain chemical ingredients on the product label and on the manufacturer’s website.  The final version of S.B. 258 was passed by the California Senate on September 13, 2017, by a vote of 27 to 13.  The California Assembly passed the bill by a vote of 55 to 15, with nine votes not recorded, on September 12, 2017.  The online disclosure requirements would apply to a designated product sold in California on or after January 1, 2020, and the product label disclosure requirements would apply to a designated product sold in California on or after January 1, 2021.  The bill was co-sponsored by several non-governmental organizations as well as a few manufacturers of cleaning products including Honest Company, Seventh Generation, Procter & Gamble, SC Johnson, RB - Reckitt Benckiser, Unilever, Eco Lab WD-40, fragrance maker Givaudan, and the Consumer Specialty Products Association.  More information on S.B. 258 is available in our memorandum “California Bill Would Require Disclosure of Cleaning Product Ingredients.” 

The State of New York’s Department of Environmental Conservation’s (DEC) Division of Materials Management will soon release formally a similar initiative, the Household Cleaning Product Information Disclosure Program.  This program will require manufacturers of domestic and commercial cleaning products distributed, sold, or offered for sale in New York State to furnish information regarding such products in a certification form prescribed by the Commissioner, and is expected to require disclosure of many more chemicals than S.B. 258.  The period for comments on the draft certification form and guidance document related to the program ended on July 14, 2017.

Bergeson & Campbell, P.C. (B&C®) will soon be releasing a detailed memorandum on both developments to be available on our regulatory developments webpage


 
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