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 January 4, 2018, the International Trade Administration (ITA) issued in the Federal Register a notice of the countervailing duty (CVD) orders on biodiesel from Argentina and Indonesia based on the affirmative final determinations by the Department of Commerce (DOC) and the International Trade Commission (ITC).  As reported in the Biobased and Renewable Products Advocacy Group (BRAG®) blog post ITC Issues Final Determinations On Biodiesel From Argentina And Indonesia, after DOC issued its final affirmative determination on November 16, 2017, ITC filed its final determination on December 21, 2017, stating that an industry in the United States is materially injured by subsidized imports of biodiesel from Argentina and Indonesia.  According to the notice, unliquidated entries of biodiesel from Argentina and Indonesia, entered or withdrawn from a warehouse for consumption on or after August 28, 2017, are subject to the assessment of CVD.  DOC will direct U.S. Customs and Border Protection (CBP) to assess the CVD for the subject merchandise equal to the net countervailable subsidy rates established in the notice.


 

By Kathleen M. Roberts

On December 28, 2017, the U.S. International Trade Commission (ITC) issued in the Federal Register a notice regarding its final determination on the antidumping (AD) and countervailing duty (CVD) investigations of biodiesel imports from Argentina and Indonesia.  Pursuant to the Tariff Act of 1930, ITC determined that an industry in the United States is materially injured by reason of imports of biodiesel from Argentina and Indonesia, which have been found by the Department of Commerce (DOC) to be subsidized by the governments of Argentina and Indonesia.  ITC completed and filed its determinations on December 21, 2017, after holding a hearing on November 9, 2017, in which all interested parties were permitted to appear.  The views of ITC will be published in USITC Publication 4748 (December 2017), entitled Biodiesel from Argentina and Indonesia: Investigation Nos. 701-TA-571-572, which will be available on the ITC website shortly.

Tags: ITC

 

By Kathleen M. Roberts

On December 4, 2017, the U.S. Department of Defense (DOD), the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) issued in the Federal Register a notice of request for public comment regarding an extension of a previously approved ICR regarding biobased procurements.  Pursuant to Federal Acquisition Regulation (FAR) clause 52.223-2, prime contractors are required to report annually the product types and dollar values of U.S. Department of Agriculture (USDA)-designated biobased products purchased to the System for Award Management (SAM) website, which supports annual reporting to the Office of Federal Procurement Policy (OFPP) concerning actions taken to implement and measure progress in carrying out the preference for biobased products required under Section 9002 of the Farm Security and Rural Investment Act of 2002. 
 
Public comments are invited specifically on:

  • Whether the collection of information is necessary for the proper performance of functions of the FAR, and whether it will have practical utility;
  • Whether the estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology;
  • Ways to enhance the quality, utility, and clarity of the information to be collected; and
  • Ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.
  • ​​Comments are due by January 3, 2018.

 

 

By Kathleen M. Roberts

On October 25, 2017, bipartisan legislation aimed at leveling the playing field between renewable and fossil fuels was re-introduced in the Senate and House of Representatives.  Senator Chris Coons (D-DE), along with eight bipartisan co-sponsors, introduced the Master Limited Partnerships Parity Act (S. 2005) in the Senate.  Representative Ted Poe (R-TX), along with six co-sponsors, introduced similar legislation (H.R. 4118) in the House.  The legislation would allow investors in a range of clean energy projects, including renewable fuels, access to a corporate structure whose tax advantage is currently available only to investors in fossil fuel-based energy projects.  According to Senator Coons, “[‌u]pdating the tax code in this way will help increase parity and ensure that [clean] energy technologies can permanently benefit from the incentives that traditional energy sources have depended on to build infrastructure for more than 30 years.”  The bills were previously introduced in the Senate and House on June 24, 2015.


 

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 Kathleen M. Roberts

On October 19, 2017, the U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt sent a letter to Senators Joni Ernst (R-IA), Charles Grassley (R-IA), Pat Roberts (R-KS), John Thune (R-SD), Mike Rounds (R-SD), Deb Fischer (R-NE), and Ben Sasse (R-NE) to confirm his commitment to support the spirit and the letter of the Renewable Fuel Standard (RFS) program.  In the letter, Pruitt stated that, following a detailed analysis, numerous stakeholder meetings, and review of public comments, it was determined that EPA would not grant the petition to move the point of obligation to blenders.  Additionally, EPA intends to issue a final Renewable Volume Obligation (RVO) rulemaking by the statutory deadline of November 30, 2017.  While the rulemaking process is ongoing, Pruitt indicated that the final RVO amounts would be set at levels equal to or greater than the proposed amounts.  Finally, Pruitt highlighted EPA’s willingness to work with Congress on a nationwide Reid Vapor Pressure (RVP) waiver for E15.  Senators Ernst, Grassley, Thune, and Fischer each released statements to confirm their commitment to working collaboratively with EPA on these issues.

Tags: EPA, RFS, Senate

 

By Lauren M. Graham, Ph.D.

On October 17, 2017, Congressman Jimmy Panetta (D-CA), Congressman Neal Dunn, M.D. (R-FL), and 77 additional House members sent a bipartisan letter to the U.S. Department of Agriculture (USDA), U.S. Food and Drug Administration (FDA), and U.S. Environmental Protection Agency (EPA) to urge the agencies to work together to promote innovative new technologies aimed at increasing crop yields and reducing the cost of production.  According to Congressman Panetta, the letter was prepared in response to duplicative or inconsistent regulatory proposals regarding biotechnology.  In the letter to Secretary Sonny Perdue, Commissioner Scott Gottlieb, and Administrator Scott Pruitt, the members highlighted several recent biotechnology regulatory efforts that warrant the Administration’s attention, as well as the importance of a consistent, science-based, risk-proportionate regulatory system.  Members concluded by urging the agencies to cooperate in creating consistent regulatory proposals that foster innovation; to increase engagement with trading partners to promote a harmonized, science-based international regulatory system for agricultural products; and to consider ways to engage with the public to discuss the continued advancement of biotechnology in agriculture.


 

By Lauren M. Graham, Ph.D.

On October 19, 2017, the Biotechnology Innovation Organization (BIO), an Associate member of the Biobased and Renewable Products Advocacy Group (BRAG®), announced that it and its member companies sent a letter to the House and Senate Committees on Agriculture requesting the reauthorization of the Farm Bill’s Biorefinery, Renewable Chemical, and Biobased Manufacturing Assistance Program (Section 9003).  According to the letter, “[s]everal renewable chemical startups and mature chemical companies are waiting to build their first-of-a-kind manufacturing facilities in the United States from homegrown biomass and technologies and will do so with the proper federal policy support.”   The letter explained that renewable chemicals provide economic stability for the construction of a biorefinery, since such products generate a higher value than biofuels.  Beyond supporting the U.S. manufacturing industry, manufacturing renewable chemicals in the U.S. helps to improve the trade balance, maintain U.S. leadership in renewable energy while reducing dependence on foreign oil, provide value-added crop for products, and create thousands of high quality jobs.  BIO and its member companies concluded by urging the Committees “to provide stable mandatory funding for all the core energy title programs that will continue the development of biorefineries, positively impacting the biobased economy and creating thousands of rural jobs.”


 

 
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