Posted on September 06, 2023 by Lynn L BergesonBy Lynn L. Bergeson and Carla N. Hutton
The U.S. National Science Foundation (NSF), on behalf of the federal agencies and departments participating on the National Science and Technology Council (NSTC) Subcommittee on Scientific Integrity (the Subcommittee), is organizing two virtual listening sessions to hear from members of the public about recommendations, issues, and concerns related to federal department and agency implementation of the NSTC Framework for Federal Scientific Integrity Policy and Practice (the Framework). 88 Fed. Reg. 60713. The Subcommittee is supporting the development of scientific integrity policies at federal departments and agencies and seeks public input on the development and implementation of these policies and associated procedures and practices. According to the notice, perspectives gathered during the virtual listening sessions will inform: (1) federal agencies’ finalization of Scientific Integrity Policies, in response to the Framework and its implementation memorandum from the White House Office of Science and Technology Policy (OSTP); (2) federal agency processes, procedures, and practices related to scientific integrity; and (3) other elements of federal implementation of the Framework. The listening sessions will be held September 15, 2023, 1 p.m. - 3 p.m. (EDT) and September 20, 2023, 5 p.m. - 7 p.m. (EDT). Registration is now open. More information on the Framework is available in our January 19, 2023, blog item.
Posted on September 05, 2023 by Lynn L BergesonBy Lynn L. Bergeson and Carla N. Hutton
On August 3, 2023, the U.S. Department of Defense (DOD), the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) proposed to amend the Federal Acquisition Regulation (FAR) to restructure and update the regulations to focus on current environmental and sustainability matters and to implement a requirement for agencies to procure sustainable products and services to the maximum extent practicable. 88 Fed. Reg. 51672. Comments are due October 2, 2023.
The proposed rule would define “sustainable products and services” as products and services that are subject to and meet statutory purchasing program requirements or other U.S. Environmental Protection Agency (EPA) purchasing program requirements. The proposed rule states that for the statutory purchasing programs, the definition references the following types of products and includes a reference to the source statute, the lead agency implementing regulations, and the program website:
The definition identifies the following required EPA purchasing programs and provides the link to each associated program website:
Under the proposed rule, “biobased product” would be defined as “a product determined by the U.S. Department of Agriculture to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock. The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging.”
Posted on August 29, 2023 by Lynn L BergesonBy Lynn L. Bergeson and Carla N. Hutton
On August 3, 2023, the Joint Subcommittee on Environment, Innovation, and Public Health Sustainable Chemistry Strategy Team (Sustainable Chemistry ST) of the National Science and Technology Council (NSTC) published a report entitled Sustainable Chemistry Report: Framing the Federal Landscape. As reported in our January 19, 2021, memorandum, the fiscal year (FY) 2021 National Defense Authorization Act (NDAA) included the text of the bipartisan Sustainable Chemistry Research and Development Act of 2019. It established an interagency working group led by the White House Office of Science and Technology Policy (OSTP) to coordinate federal programs and activities in support of sustainable chemistry. The report establishes the federal landscape and provides a high-level overview of relevant topical areas around sustainable chemistry. The Sustainable Chemistry ST notes that it is a state of science report that includes gaps and opportunities for the federal government. Following the report, the Sustainable Chemistry ST will develop a strategic plan for how the federal government can leverage these opportunities to make significant progress in addressing the identified data gaps.
The report includes the following definition of sustainable chemistry:
Sustainable chemistry is the chemistry that produces compounds or materials from building blocks, reagents, and catalysts that are readily-available and renewable, operates at optimal efficiency, and employs renewable energy sources; this includes the intentional design, manufacture, use, and end-of-life management of chemicals, materials, and products across their lifecycle that do not adversely impact human health and the environment, while promoting circularity, meeting societal needs, contributing to economic resilience, and aspiring to perpetually use elements, compounds, and materials without depletion of resources or accumulation of waste.
More information and an insightful commentary are available in our August 28, 2023, memorandum.
Posted on August 07, 2023 by Lynn L BergesonBy Lynn L. Bergeson and Carla N. Hutton
On August 1, 2023, the U.S. Environmental Protection Agency (EPA) announced the first five product and service categories chosen for the expansion of its Recommendations of Specifications, Standards, and Ecolabels for Federal Purchasing (Recommendations). EPA notes that this action supports the broader effort announced last year to expand the Recommendations by assessing additional standards and ecolabels. EPA states that later in 2023, it anticipates announcing the standards and ecolabels that pass the assessment and will be included in the Recommendations. EPA plans to consider additional product and service categories as resources allow.
EPA states that its Environmentally Preferable Purchasing (EPP) program’s Recommendations help U.S. federal government purchasers identify private sector standards and ecolabels to meet sustainable acquisition goals and mandates. They currently include more than 40 private sector environmental performance standards and ecolabels in over 30 purchase categories. The five product and service categories are:
- Food Service Ware (e.g., containers, cutlery, and dishware);
- Healthcare;
- Laboratories;
- Professional Services; and
- Uniforms and Clothing.
According to EPA, the expansion of the Recommendations is a key step toward implementing President Biden’s Executive Order on Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability, as well as the accompanying Federal Sustainability Plan. EPA notes that the plan set ambitious goals, such as achieving net-zero emissions from federal procurement by 2050, maximizing the procurement of sustainable products and services, including products made with safer chemical ingredients.
As reported in our November 7, 2022, blog item, in November 2022, EPA launched the process to expand the Recommendations, inviting representatives of private sector environmental performance standards and ecolabels to apply for potential assessment and inclusion in the Recommendations, resulting in the five product and service categories announced on August 1, 2023. EPA notes that representatives of standards and ecolabels within any of the selected product and service categories above who have not yet applied may contact EPA at .(JavaScript must be enabled to view this email address) to request information on eligibility and how to participate. EPA plans to announce additional product and service categories as resources allow.
Posted on July 26, 2023 by Lynn L BergesonBy Lynn L. Bergeson and Carla N. Hutton
On July 24, 2023, Senators Amy Klobuchar (D-MN), Joni Ernst (R-IA), Debbie Stabenow (D-MI), and Pete Ricketts (R-NE) introduced the Biomanufacturing and Jobs Act to strengthen the U.S. Department of Agriculture’s (USDA) BioPreferred program. According to Klobuchar’s July 24, 2023, press release, the bill would:
- Strengthen markets for farmers while also supporting well-paying manufacturing jobs;
- Allow the Secretary of Agriculture to set acceptable price premiums under the program;
- Require each federal agency to increase their procurement of biobased-only contracts or biobased volume purchased under those contracts; and
- Improve reporting of biobased products that are purchased through online federal procurement systems.
Posted on June 30, 2023 by Lynn L BergesonBy Lynn L. Bergeson and Carla N. Hutton
The U.S. Department of Agriculture announced on June 26, 2023, that it plans to invest up to $500 million from President Biden’s Inflation Reduction Act to increase the availability of domestic biofuels and “give Americans additional cleaner fuel options at the pump.” USDA notes that in December 2022, it made available $50 million in Inflation Reduction Act funding to expand the use and availability of higher-blend biofuels through the Higher Blends Infrastructure Incentive Program (HBIIP). On June 26, 2023, USDA Secretary Tom Vilsack announced the first awardees of 59 infrastructure projects that will receive a total of $25 million. In addition, USDA announced that in July 2023 it will begin accepting applications for $450 million in grants through HBIIP. These grants will continue to support the infrastructure needed to lower out-of-pocket costs for transportation fueling and distribution facilities to install and upgrade biofuel-related infrastructure such as pumps, dispensers, and storage tanks.
Posted on May 04, 2023 by Lynn L BergesonBy Lynn L. Bergeson and Carla N. Hutton
On April 11, 2023, a bipartisan group of legislators led by Senators Amy Klobuchar (D-MN) and Chuck Grassley (R-IA) sent a letter to the U.S. Environmental Protection Agency (EPA), urging it to strengthen the Renewable Fuel Standard (RFS) by maintaining the blending requirements for 2023; denying all pending Small Refinery Exemptions (SRE); eliminating proposed retroactive cuts to the renewable volume obligations (RVO); and setting RFS volumes at the statutory levels. According to Klobuchar’s April 14, 2023, press release, the letter states that the RFS “creates competition in the marketplace, keeping fuel costs low for consumers while bringing down carbon emissions.” By taking the suggested steps, EPA “can set the RFS on a path that provides stability and growth for the U.S. biofuel sector.” This would guarantee that this “essential program” continues to function as intended by reducing emissions, driving economic growth in rural communities, keeping gas prices low, and “bolstering national security by promoting an essential homegrown energy source.”
Posted on March 02, 2023 by Lynn L BergesonBy Lynn L. Bergeson and Carla N. Hutton
On February 16, 2023, Representative Randy Feenstra (R-IA) introduced a legislative package that includes bills regarding researching the potential of biofuels to power jet engines and developing a commercially viable fuel cell system for cars and trucks powered exclusively by biofuels. The package includes:
- The Comparison of Sustainable Transportation (COST) Act would direct the Comptroller General of the U.S. Government Accountability Office (GAO) and the U.S. Secretary of Energy to compare the financial and environmental costs between replacing the entire federal gasoline-powered fleet with either electric vehicles or E-85 capable flex-fuel cars and trucks;
- The Biojet Fuel Research Act would direct the Federal Aviation Administration (FAA) to establish a working group focused on identifying research and development needs to produce biojet fuel. The working group would consist of the Bioenergy Technologies Office of the U.S. Department of Energy (DOE), the U.S. Department of Agriculture (USDA), biorefinery stakeholders, agriculture research universities, and others; and
- The Biofuel Cell Research Act would direct the DOE Secretary to establish a research, development, and demonstration program for a commercially viable fuel cell system that uses biofuels as the main fuel source.
Feenstra introduced similar legislation in the 117th Congress.
Posted on March 01, 2023 by Lynn L BergesonBy Lynn L. Bergeson and Carla N. Hutton
The Senate Committee on Environment and Public Works held a hearing on February 15, 2023, on “The Future of Low Carbon Transportation Fuels and Considerations for a National Clean Fuels Program.” The Committee heard from the following witnesses:
- Michael J. Graff, Chair and Chief Executive Officer (CEO), American Air Liquide Holdings Incorporated;
- Geoff Cooper, President and CEO, Renewable Fuels Association; and
- Chris Spear, President and CEO, American Trucking Association.
In his opening statement, Senator Tom Carper (D-DE) noted that when exploring ways to improve federal policies, he often looks to see what works well at the state level. According to Carper, “states have learned from the federal government’s mistakes when it comes to programs like the Renewable Fuel Standard” (RFS). States such as California and Oregon have implemented, or are considering implementing, technology-neutral low carbon fuel standards. Carper stated that unlike the RFS, “existing state programs often focus more on emissions reduction potential when determining what qualifies as a clean fuel. In addition to reducing the number of questions the states have to ask when determining which fuels qualify for a clean fuels program, this structure allows multiple options for obligated parties to comply.” Carper concluded his opening statement by expressing his hope “that today’s hearing is the first of many conversations on how we can bring together industry, environmental groups, agriculture and other stakeholders to further decarbonize our nation’s transportation fuels, while also supporting job creation across our nation.”
Posted on February 02, 2023 by Lynn L BergesonBy Lynn L. Bergeson and Carla N. Hutton
The Federal Trade Commission (FTC) announced on January 31, 2023, that it has extended the deadline for public comment on its Guides for the Use of Environmental Marketing Claims (Green Guides) to April 24, 2023. FTC states in its December 14, 2022, news release that it seeks to update the Green Guides “based on increasing consumer interest in buying environmentally friendly products.” FTC expects “many public comments” on the following specific issues:
- Carbon Offsets and Climate Change: The current Green Guides provide guidance on carbon offset and renewable energy claims. FTC invites comments on whether the revised Green Guides should provide additional information on related claims and issues;
- The Term “Recyclable”: Among other things, FTC seeks comments on whether it should change the current threshold that guides marketers on when they can make unqualified recyclable claims, as well as whether the Green Guides should address in more detail claims for products that are collected (picked up curbside) by recycling programs but not ultimately recycled;
- The Term “Recycled Content”: FTC requests comments on whether unqualified claims about recycled content -- particularly claims related to “pre-consumer” and “post industrial” content -- are widely understood by consumers, as well as whether alternative methods of substantiating recycled content claims may be appropriate; and
- The Need for Additional Guidance: FTC also seeks comment on the need for additional guidance regarding claims such as “compostable,” “degradable,” “ozone-friendly,” “organic,” and “sustainable,” as well as those regarding energy use and energy efficiency.
More information and an insightful commentary are available in our December 16, 2022, memorandum.
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