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 March 6, 2018, a coalition of over 200 companies and trade associations sent a letter to the Agricultural Committee leaders in the House and Senate urging the reauthorization of and stable mandatory funding for the energy title programs in the next Farm Bill reauthorization.  The letter states that the Farm Bill energy title programs have greatly assisted rural America in developing clean, renewable energy, biobased products, and making energy efficiency investments for more than 15 years with an incredibly modest, cost-effective investment.  The less than one tenth of one percent of Farm Bill spending dedicated to the programs has allowed for ag-based entrepreneurs to launch initiatives to generate jobs and economic development in areas such as biogas and advanced biofuels, biopower, biobased products, renewable chemicals, and energy efficiency.  Additionally, the letter provides recommendations for further improving the energy title programs.  For example, the Biorefinery Assistance Program (BAP) could be opened fully to standalone renewable chemical companies; the Rural Energy for America Program (REAP) could be enhanced to support a fuller range of important, proven, market-ready technologies; and the Biomass Crop Assistance Program (BCAP) could be effective in continuing to support biomass energy development and sustainably address hazardous fuels reduction efforts in our nation’s forests.


 

By Lauren M. Graham, Ph.D.

As explained in the notice issued by Neste, a member of the Biobased and Renewable Products Advocacy Group (BRAG®), with President Trump’s signing of the Bipartisan Budget Act of 2018 (H.R. 1892), the blenders tax credit was extended retroactively for 2017.  Qualified biofuel blenders are eligible for a tax credit of $1.00 per gallon of biodiesel or renewable diesel used in the blending process in 2017.  The blenders tax credit was one of several biofuel-related tax incentives that were extended retroactively.  The incentives, which also include tax credits for second-generation biofuel production and alternative fuel vehicle refueling property, and a special allowance for second generation biofuel plant property, were not extended through 2018.


 

By Kathleen M. Roberts

On January 26, 2018, the International Trade Administration (ITA) published in the Federal Register a notice of an open meeting of the Renewable Energy and Energy Efficiency Advisory Committee (REEEAC).  The meeting will take place from 8:30 a.m. to 5:00 p.m. on May 10, 2018, in Washington, D.C and will be the seventh and final in-person meeting of the current charter.  The meeting will include REEEAC subcommittee working sessions, a discussion on next steps for each subcommittee, consideration of recommendations for approval, and an update from the Department of Commerce (DOC) and other agencies on major issues affecting the competitiveness of the U.S. renewable energy and energy efficiency industries.  An agenda will be available upon request by May 4, 2018.  Stakeholders interested in participating in the meeting must register with Victoria Gunderson (.(JavaScript must be enabled to view this email address)by 5:00 p.m. (EST) on May 4, 2018.

Tags: ITA, REEEAC

 

By Lauren M. Graham, Ph.D.

On January 8, 2018, U.S. Secretary of Agriculture Sonny Perdue presented to President Donald Trump the findings of the Interagency Task Force on Agriculture and Rural Prosperity.  The Task Force was established in 2017 following an Executive Order by President Trump to ensure the informed exercise of regulatory authority that impacts agriculture and rural communities.  According to the report, over 100 actions organized around five key topic areas, specifically e-connectivity, quality of life, rural workforce, innovation and technology, and economic development, were identified.
 
Of the recommendations related to economic development, the Task Force identified regaining American energy dominance as a key objective.  The report states that “[‌b]oosting production of all sources of energy from natural gas, oil, coal, nuclear, and renewables is essential to America’s national security interest and rural America’s economy.  The federal government must ensure a regulatory environment which can unleash this potential while keeping Americans safe and healthy.”

Regarding innovation and technology, the report recognizes biotechnology as “another area of U.S. leadership, being a sector that has driven innovation in fuels, chemicals, manufacturing, and agriculture.”  The Task Force recommended that:

  • The U.S. Department of State, the U.S. Department of Agriculture (USDA), and other relevant agencies develop a communications strategy to increase acceptance of biotech products; and
  • The federal government continue efforts to modernize the federal regulatory system for biotechnology products, particularly by:
    • Coordinating the federal regulation of biotechnology products;
    • Coordinating interagency action through the Office of Science and Technology Policy; and
    • Expediting the commercialization of biotechnology products.
​​The full report is available on the USDA website.

 

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).


 
 < 1 2 3 4 5 >  Last ›