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 

On August 4, 2020, U.S. Senators Joni Ernst (R-IA) and Chuck Grassley (R-IA) voted against Mark Menezes, who is nominated to become Deputy Secretary of Energy. In a statement, both Senators said that “[g]iven the uncertainty with the ‘gap year’ small refinery waivers, the wasted time and resources to score the waivers again, the lack of transparency in the entire process, and most importantly, the toll this has taken on Iowa’s farmers and biofuel producers, we could not in good faith support Mr. Menezes at this time.” The two Senators are pushing the U.S. Department of Energy (DOE) for increased transparency and certainty for Iowa’s farmers and producers, asking for information on DOE’s scoring of small refinery waiver petitions. They are also requesting information on when the score recommendation was transmitted back to the U.S. Environmental Protection Agency (EPA). According to the statement, concerns continue to arise as DOE reviews petitions that have already been reviewed, wasting valuable time and resources to score the petitions again. A letter by the two formerly mentioned Senators has been submitted to Mr. Menezes further expressing their constituents’ concerns. The full text of the letter can be accessed here.


 

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

On July 23, 2020, the National Defense Authorization Act (NDAA) was passed by the U.S. Senate; it includes the bipartisan Sustainable Chemistry Research and Development Act of 2019, led by U.S. Senators Chris Coons (D-DE) and co-sponsored by Senators Susan Collins (R-ME), Amy Klobuchar (D-MN), and Shelley Moore Capito (R-WV). Introduced to the Senate in December 2019, the Sustainable Chemistry Research and Development Act of 2019 establishes an interagency working group (IWG) led by the Office of Science and Technology Policy to coordinate federal programs and activities in support of sustainable chemistry. The IWG will develop a roadmap for sustainable chemistry with a framework of attributes characterizing sustainable chemistry, assess the state of sustainable chemistry in the United States, and identify methods by which federal agencies can incentivize sustainable chemistry activities, challenges to sustainable chemistry progress, and opportunities for expanding federal sustainable chemistry efforts. Senator Coons celebrated the victory by stating that this “is an exciting opportunity to maintain our scientific leadership and ensure the sustainability of our chemical enterprise for years to come.”


 

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

This June, the House Select Committee on Climate Crisis released a report titled “Solving the Climate Crisis: The Congressional Action Plan for a Clean Energy Economy and a Healthy, Resilient, and Just America.” Providing a road map for Congress to follow, the action plan has three main goals:

  • Reaching 100 percent clean, net zero emissions economy-wide in the U.S. by 2050;
     
  • Establishing ambitious interim targets to assess progress and reduce pollution in environmental justice communities; and
     
  • Achieving net-negative emissions during the second half of the century.

The action plan consists of a comprehensive set of policy recommendations for Congressional action aggressively to reduce carbon pollution as quickly as possible while making communities more resilient to the impacts of climate change and building a clean energy economy. Successfully implemented, the Select Committee’s action plan would at minimum:

  • Reach net-zero carbon dioxide emissions before 2050;
  • Reduce net U.S. greenhouse gas (GHG) emissions by at least 37 percent below 2010 levels in 2030 and 88 percent below 2010 levels in 2050;
  • Avoid 62,000 premature deaths annually by 2050; and
  • Provide almost $8 trillion in cumulative climate and health benefits through 2050.

The Climate Crisis Action Plan calls on Congress not only to grow the U.S. economy and put Americans to work in clean energy jobs, but also to protect family health, protect U.S. land and waters for the next generation, and ensure that communities and farmers can withstand climate change impacts. The full report is available here.


 

By Lynn L. Bergeson

On May 21, 2020, U.S. Senators Amy Klobuchar (D-MN) and Chuck Grassley (R-IA) introduced a bill directing the U.S. Department of Agriculture (USDA) Secretary to establish a renewable feedstock reimbursement program. Aiming to support biofuel producers that have been negatively affected by the COVID-19 pandemic, this bill can be cited as the Renewable Fuel Feedstock Reimbursement Act of 2020. Under the reimbursement program, biofuel producers will be reimbursed for their feedstock purchases from January 1, 2020, through March 31, 2020, through the Commodity Credit Corporation (CCC). Eligible parties will consist of those that produce renewable fuel used as transportation fuel and eligible feedstocks mean renewable biomass intended for production of the aforementioned renewable fuel. Furthermore, to be eligible to receive reimbursements, eligible entities must enter into an agreement with the USDA Secretary.

The two U.S. Senators initially introduced this idea in April 2020 as an amendment to the Coronavirus Aid, Relief, and Economic Stabilization (CARES) Act, which assists the biofuels industry sector. Assistance, however, was not included in the CARES Act package. Senators Klobuchar and Grassley, with industry support, now hope that this second attempt in support of the biofuels industry follows through.


 

By Lynn L. Bergeson

On May 15, 2020, U.S. Senators Cory Gardner (R-CO), Kirsten Gillibrand (D-NY), Ed Markey (D-MA), and Marco Rubio (R-FL) introduced the Bioeconomy Research and Development Act of 2020, creating a federal research initiative to ensure continued United States leadership in engineering biology. The National Engineering Biology Research and Development Initiative would focus on the advancement of societal well-being, national security, sustainability, and economic productivity and competitiveness. It would accomplish these goals through:

  • Advancement of areas of research at the intersection of biological, physical, chemical, data, and computational sciences;
  • Advancement of areas in biomanufacturing research;
  • Support of social and behavioral sciences and economics research that advances the field of engineering biology;
  • Improvement of the understanding of the engineering biology;
  • Support of risk research;
  • Development of novel tools and technologies to accelerate scientific understanding and technological innovation in engineering biology;
  • Expansion of the number of researchers, educators, and students with engineering biology training;
  • Acceleration of the translation and commercialization of engineering biology research and development by the private sector; and
  • Improvement of the interagency planning and coordination of federal government activities related to engineering biology.

According to Senator Rubio, the Bioeconomy Research and Development Act of 2020 has been endorsed by a number of leading research institutes, including the Biotechnology Innovation Organization (BIO), a Biobased and Renewable Products Advocacy Group (BRAG®) member.


 

By Lynn L. Bergeson

On April 28, 2020, U.S. Representative Abby Finkenauer (D-IA) introduced the Clean Fuels Deployment Act of 2020, which would fund installation and conversion of fuel pump infrastructure to deliver higher blends of biofuel. Co-sponsored by Representatives Angie Craig (D-MN), Don Bacon (R-NE), and Roger Marshall (R-KS), this bipartisan bill creates a clean fuels grant program with $600 million over a six-year period to help biofuel retailers. The plan is to assist retailers to offer higher ethanol blends; expand the geographic area selling ethanol blends; accelerate the deployment of fueling infrastructure; and support biodiesel, bioheat, and sustainable aviation fuel markets. A number of biofuels and energy associations and companies are in support of the bill. Thanking Representative Finkenauer for introducing the bill, Kelly Nieuwenhuis, representing the Iowa Corn Growers Association (ICGA), stated that the Clean Fuels Deployment Act will “expand long-term economic opportunities for farmers and biofuels producers.”


 

By Lynn L. Bergeson

EPA’s Office of Chemical Safety and Pollution Prevention (OCSPP) is hosting the following webinars to educate scientists on the more than 30 federal opportunities available in Research Triangle Park, North Carolina:

Webinar participants will learn about OCSPP’s role in protecting human health and the environment, OCSPP’s newly formed worksite located in Research Triangle Park, and the more than 30 scientific positions for which OCSPP is recruiting. The webinar will also cover finding and applying to EPA jobs, creating profiles and saving searches on USAJobs, education and transcript requirements for scientific positions, and the federal general schedule (GS) pay scale, benefits, and retirement.

Tags: OCSPP, webinar

 

Bergeson & Campbell, P.C. (B&C®) is pleased to release a timely episode of the All Things Chemical™ podcast, “Chemical Distribution in the Time of COVID-19 — A Conversation with Eric R. Byer, NACD.” In this episode, Lynn L. Bergeson, Managing Partner, B&C, and Eric Byer, President and CEO of the National Association of Chemical Distributors (NACD), sat down to discuss current challenges facing small and large chemical distributors, and how NACD member companies are able to continue to distribute much needed chemical products, including sanitizers and other cleaning products, in response to the pandemic.

Lynn and Eric’s conversation focuses on unique “in the moment” issues and a broad range of federal, state, and international issues on which NACD is focused, including extending the Chemical Facility Anti-Terrorism Standards (CFATS) program, Toxic Substances Control Act (TSCA) implementation initiatives, and the impact of tariffs on imports from China on NACD member companies.  Eric is an amazing leader of an essential trade association, and this conversation provides insights into his success as President and CEO of NACD.

The full podcast episode is available to stream online, where listeners can also find the recent podcast “COVID-19, FIFRA, and EPA — A Conversation with Lisa Campbell”  Additional updates on chemical regulatory activity related to COVID-19 can be found on B&C’s Pesticide Law and Policy Blog® and on the Regulatory Developments page of B&C's website, including these recent updates:

All Things Chemical™ engages listeners in intelligent, insightful conversation about everything related to industrial, pesticidal, and specialty chemicals and the law and business issues surrounding chemicals. B&C’s talented team of lawyers, scientists, and consultants will keep listeners abreast of the changing world of both domestic and international chemical regulation and provide analysis of the many intriguing and complicated issues surrounding this space.  All Things Chemical™ is available now on iTunes, Spotify, Stitcher, and Google Play Music.  Subscribe so you never miss an episode. 


 

Register now for the American Bar Association (ABA) webinar “Navigating the Jurisdictional Tightrope Between Biopesticides, Biostimulants, and Related Emerging Technologies” with Bergeson & Campbell P.C. (B&C®) professionals deconstructing the jurisdictional boundaries distinguishing pesticides, biopesticides, plant regulators, biostimulants, and related technologies. The webinar will focus on draft EPA guidance intended to clarify the lines between and among those products that are subject to FIFRA registration as plant regulators and those biostimulant products not subject to FIFRA registration. The webinar also will focus on new and evolving chemistry and technology issues that may blur some jurisdictional lines or potentially move products from one category to another.  Lynn L. Bergeson, Managing Partner, B&C; Lisa R. Burchi, Of Counsel, B&C; and Sheryl Dolan, Senior Regulatory Consultant, B&C, will present.


 

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

On April 6, 2020, 15 United States Senators submitted a bipartisan letter to the U.S. Department of Agriculture (USDA) Secretary, Sonny Perdue, requesting the use of its authority to assist the biofuels industry’s economic circumstances brought by the COVID-19 pandemic. Highlighting the negative impacts of the pandemic on farmers and producers who will bear the impact of the decrease in consumption, in the letter, the Senators have also taken the opportunity to criticize the U.S. Environmental Protection Agency (EPA) for failing to implement the Renewable Fuel Standard (RFS). Specifically, the letter states that EPA has failed “to implement the RFS in accordance with the law, including its issuance of illegal small refinery waivers and enforcement of ethanol blending requirements.” The lack of proper implementation of RFS combined with the COVID-19 crisis, according to the Senators, further negatively impact the rural communities and employment rates in their respective home states.

Given these circumstances, the 15 signatories of the letter ask that USDA considers the allocation of additional funds provided to the Commodity Credit Corporation (CCC) by the Coronavirus Aid, Relief, and Economic Stabilization (CARES) Act to assist the biofuels industry sector. Assistance would be helpful in the format of reimbursements for feedstocks and additional CCC funds to the Higher-Blends Infrastructure Incentive Program to drive future biofuel demand. Although, Secretary Purdue has not yet responded to the aforementioned request, the biofuels industry is hopeful.


 
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