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 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 June 11, 2020, the U.S. Environmental Protection Agency (EPA) announced that its Pollution Prevention (P2) Awards Program is planning to submit an information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval. Before proceeding with the ICR, however, EPA is soliciting public comments on specific aspects of the proposed ICR. EPA’s P2 Program consists of a voluntary program that encourages businesses and facilities to adopt P2 projects that reduce financial costs associated with waste management and cleanup, as well as environmental costs associated with health and environmental problems. Comments must be submitted on or before August 10, 2020.

Are you curious about EPA’s P2 Program and how your entity may benefit from its Awards Program? Would you like to engage with EPA? B&C® Consortia Management, L.L.C.’s (BCCM) Biobased and Renewable Products Advocacy Group (BRAG®) and Bergeson and Campbell, P.C.’s (B&C®) Toxic Substances Control Act New Chemicals Coalition (TSCA NCC) have further information about all of this. For more information about BRAG or TSCA NCC, check out BRAG’s web page or contact Ligia Duarte Botelho at .(JavaScript must be enabled to view this email address).


 

By Lynn L. Bergeson

On May 29, 2020, the U.S. Environmental Protection Agency (EPA) issued a pre-publication version of a proposed anti-backsliding determination that no additional measures are necessary pursuant to the Clean Air Act (CAA) Section 211(v) to mitigate the adverse air quality impacts of renewable fuel volumes required under CAA Section 211(o). The proposed determination will be published in the Federal Register for a 30-day comment period. CAA Section 211 requires EPA to take two actions. The first action is for EPA to complete a study to determine whether renewable fuel volumes required under CAA Section 211(o) will adversely impact air quality given changes of vehicle and engine emissions of air pollutants. This study is often referred to as the anti-backsliding study and must include consideration of various blend levels, types of renewable fuels, and available vehicle technologies. The study must also include appropriate national, regional, and local air quality control measures. EPA has completed the study, which is available here.

The second action requires EPA to make a decision on whether it should proceed down one of the following paths:

  • Promulgation of fuel regulations to implement appropriate measures to mitigate any adverse impacts on air quality as a result of the renewable volumes required by Section 211; or
     
  • Determination that no such measures are required.

In this case, EPA is proposing a determination “that no additional appropriate fuel control measures are necessary to mitigate adverse air quality impacts of required renewable fuel volumes.”


 

By Lynn L. Bergeson

On April 29, 2020, the U.S. Environmental Protection Agency’s (EPA) Office of Research and Development (ORD) announced a virtual meeting of the Board of Scientific Counselors (BOSC) Chemical Safety for Sustainability and Health and Environmental Risk Assessment (CSS-HERA) Subcommittee. The purpose of the meeting will be to review the draft 2019-2022 Strategic Research Action Plan (StRAP) of the HERA research program. The videoconference meeting will be held over a period of two days on May 12, 2020, from 12:30 p.m. to 5:00 p.m. (EDT), and May 13, 2020, from 12:30 p.m. to 5:00 p.m. (EDT). The meeting is open to the public. Those interested in participating must register by May 8, 2020.


 

By Lynn L. Bergeson

EPA published a Federal Register notice on March 23, 2020, announcing that the EPA Safer Choice program is accepting submissions for its 2020 Safer Choice Partner of the Year Awards. 85 Fed. Reg. 16334. EPA states that it developed the Partner of the Year Awards to recognize the leadership contributions of Safer Choice partners and stakeholders who, over the past year, have shown achievement in the design, manufacture, selection, and use of products with safer chemicals, furthering outstanding or innovative source reduction. All Safer Choice stakeholders and program participants in good standing are eligible for recognition. Interested parties who would like to be considered for this award should submit to EPA information about their accomplishments and contributions during 2019. EPA notes that there is no form associated with this year’s application. EPA will recognize award winners at a Safer Choice Partner of the Year Awards ceremony that is being planned for fall 2020. Submissions are due May 31, 2020.


 

By Lynn L. Bergeson

The Product Stewardship Society is now accepting nominations for officials from member companies to serve on its Board of Directors. The Board establishes the organization’s strategic direction and goals, and monitors progress toward reaching those goals. Nominees must be members in good standing; self-nominations are allowed.

“Our Board members are leaders in a diverse range of business sectors. We are looking for leaders who have a passion for the Society and who wish to work with like-minded professionals to grow the profession and make a difference,” stated Lynn Bergeson, President of the Product Stewardship Society.

Deadline for the nominations is April 15, 2020. More information is available in the full press release.

Tags: PSS, Board

 

By Lynn L. Bergeson

On March 5, 2020, the U.S. Environmental Protection Agency (EPA) announced that it is seeking grant applications through the Source Reduction Assistance Grant Program from states, federally recognized tribes, universities, local governments, and other groups to support innovative solutions for source reduction or pollution prevention (P2) through research, education, training, or certain other methods. EPA notes that as it highlights chemical safety during the month of March, “these grants support that goal by providing information, training, and tools to improve public health and the surrounding environment, reduce pollutants, and decrease resource use (e.g., water and energy).” EPA anticipates awarding individual grants in the range of $20,000 - $200,000 for a two-year funding period (or between $10,000 and $100,000 per year), though award amounts may vary based on EPA region. EPA anticipates awarding 20 grants in total. EPA states that grant applications should focus on at least one of the following P2 priority areas, also referred to as National Emphasis Areas (NEA) that support several of the EPA’s Smart Sectors. Through these grants, technical assistance and projects should encourage businesses to identify, develop, and adopt P2 practices and reduce waste in the following sectors:

  • Food and Beverage Manufacturing and Processing (NEA #1);
  • Chemical Manufacturing, Processing, and Formulation (NEA #2);
  • Automotive Manufacturing and Maintenance (NEA #3);
  • Aerospace Product and Parts Manufacturing and Maintenance (NEA #4); and
  • Metal Manufacturing and Fabrication (NEA #5).

Proposals are due by April 30, 2020. Additional information is available on www.grants.gov, under Funding Opportunity Announcement EPA-HQ-OPPT-2020-002.

Tags: EPA, Grant, P2

 

By Lynn L. Bergeson

On March 4, 2020, USDA announced that it is now accepting comments on its technical guidelines and science-based methods to quantify greenhouse gas (GHG) sources and sinks from the agriculture and forest sectors at the entity-scale. USDA intends to update the technical guidelines based on newly available data and methodologies within the next three years. Interested parties must submit comments on or prior to April 20, 2020.

Tags: USDA, GHG

 

By Lynn L. Bergeson

The EPA Pollution Prevention (P2) Grant Program has announced the availability of funds to provide technical assistance (e.g., information, training, tools) to businesses to encourage the development and implementation of source reduction practices. EPA states that source reduction practices can help businesses save money by reducing resource use, expenditures, waste, and liability costs, while at the same time reducing their environmental footprint and helping to protect human health and the environment. Applications for fiscal years (FY) 2020 and 2021 are due March 31, 2020.

EPA states that it anticipates awarding approximately $9.38 million in total federal pollution prevention grant funding over a two-year funding cycle ($4.69 million in FY 2020 funds and approximately $4.69 million in FY 2021 funds). According to EPA, P2 grants are expected to be awarded in each EPA region and will be funded in the form of grants or cooperative agreements. EPA provides the following “quick facts” for P2 grants:

  • Eligibility: State governments, colleges, and universities (recognized as instrumentalities of the state), federally recognized tribes, and intertribal consortia;
  • Match requirement: 50 percent match; for tribal governments that place P2 grant activities into a performance partnership grant (PPG) agreement, the match for the tribe is reduced to five percent;
  • Review of applications: Along with other requirements that are noted in the Request for Applications (RFA), applications must address one of the following statutory/regulatory criteria to merit further review:
     
    • Provide technical assistance and/or training to businesses and/or facilities about source reduction techniques to help them adopt and implement source reduction approaches and to increase the development, adoption, and market penetration of greener products and sustainable manufacturing practices; and
       
    • Identify, develop, document, and share P2 best management practices and innovations so this information may inform future technical assistance and these P2 approaches and outcomes may be replicated by others;
       
  • Range of awards: Individual grant awards may potentially be in the range of $40,000 - $500,000 for the two-year funding period (between $20,000 and $250,000 incrementally funded per year). Some EPA regions may have lower award caps, however; and
  • Average number of grants issued: 40.
Tags: EPA, P2, Grant

 

By Lynn L. Bergeson

On February 11, 2020, U.S. Senator Tom Udall (D-NM), U.S. Representative Alan Lowenthal (D-CA), U.S. Senator Jeff Merkley (D-OR), and U.S. Representative Katherine Clark (D-MA) introduced a bill that would phase out unnecessary single-use plastic products: Break Free From Plastic Pollution Act of 2020. The legislation would also hold corporations accountable for wasteful products, reform the broken waste and recycling collection system, and reduce wasteful packaging. According to Udall, 92 percent of plastic waste in the United States is never recycled. Focused on waste reduction and waste management policies that can reverse this trend in the country, the implementation of this act would shift the responsibility for recycling and cleanup to the companies that produce wasteful products. The Senate bill is co-sponsored by five other Democratic Senators and 28 Democratic House Representatives. The bill would:

  • Spur innovation through incentives for big corporations to make reusable products and items that can actually be recycled;
  • Establish minimum recycled content requirements for beverage containers, packaging, and food-service products, while standardizing recycling and composting labeling;
  • Reduce and ban certain single-use plastic products that are not recyclable;
  • Require big corporations to take responsibility for their pollution, requiring producers of plastic products to design, manage, and finance waste and recycling programs;
  • Spur massive investments in the U.S. domestic recycling and composting infrastructure, while pressing pause on new plastic facilities until critical environmental and health protections are put in place;
  • Create a nationwide beverage container refund program, which is successful at the state level;
  • Encourage the design of less wasteful products by ensuring that producers are responsible for cleanup costs and recycling infrastructure; and
  • End the hazardous practice of exporting plastic waste overseas to developing countries that do not have the infrastructure in place to manage that waste.

The full bill text can be accessed here, and a summary is available here.


 
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