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By 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.


 

By Lynn L. Bergeson and Carla N. Hutton
 
The U.S. Environmental Protection Agency (EPA) announced on December 27, 2022, that it is extending the deadline for applications from managers of standards development organizations, ecolabel programs, and other similar organizations for assessment and inclusion in the Environmentally Preferable Purchasing (EPP) program’s Recommendations of Specifications, Standards and Ecolabels for Federal Purchasing, a resource intended to help federal purchasers identify and procure environmentally preferable products and services. To apply to have a standard or ecolabel included in the Recommendations, applicants must submit responses to the scoping questions to .(JavaScript must be enabled to view this email address) by January 24, 2023. EPA notes that responses to the scoping questions may be high level and do not need to include detailed information or justifications. EPA will use the responses to determine the applicant's eligibility and scope of assessment. EPA states that it will review applications by product categories. In spring 2023, EPA will announce the order in which product categories will be assessed. In fall 2023, EPA will notify the first round of applicants of the results of its assessment. More information on the new process to expand the Recommendations is available in our November 7, 2022, blog item.


 

By Lynn L. Bergeson and Carla N. Hutton
 
On December 20, 2022, the Federal Trade Commission (FTC) requested public comment on its Guides for the Use of Environmental Claims (Green Guides). FTC intends the Green Guides to help marketers avoid making environmental marketing claims that are unfair or deceptive under Section 5 of the FTC Act. 87 Fed. Reg. 77766. 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.” As noted in our December 16, 2022, memorandum, publication of the notice in the Federal Register began a 60-day comment period. Comments are due February 21, 2023.
 
FTC states that it 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.


 

By Lynn L. Bergeson and Carla N. Hutton
 
On November 1, 2022, the U.S. Environmental Protection Agency (EPA) announced 26 Safer Choice Partner of the Year award winners, recognizing their achievements in the design, manufacture, selection, and use of products with safer chemicals. The awardees represent a wide variety of organizations, including small- and medium-sized businesses, women-owned companies, state and local governments, non-governmental organizations, and trade associations.
 
EPA encouraged applicants for the 2022 awards to show how their work advances environmental justice, bolsters resilience to the impacts of climate change, results in cleaner air or water, or improves drinking water quality. According to EPA, many of the organizations being recognized are working to reduce greenhouse gas (GHG) emissions and combat the climate crisis. For example, several winners offer products with concentrated formulas that reduce water consumption and plastic use. This practice also lowers GHG emissions by reducing the amount of product that must be transported.
 
EPA states that additionally, many awardees increased access to products with safer chemical ingredients in underserved and overburdened communities. For example, one nonprofit winner conducted targeted outreach in both English and Spanish to promote safer cleaning techniques and products, including Safer Choice-certified products, in food trucks. Many of these businesses are owned and operated by immigrant entrepreneurs. Another winner made its Safer Choice-certified product line more accessible to lower income shoppers by offering affordable prices and making these products available at retailers that often serve low-income communities.
 
In early 2023, EPA intends to build on this work by announcing a grant opportunity for projects that can increase supply and demand for safer, environmentally preferable products such as those certified by the Safer Choice program or identified by EPA’s Environmentally Preferable Purchasing program.
 
The 2022 winners include:

  • American Cleaning Institute, District of Columbia;
  • The Ashkin Group, LLC, Channel Islands Harbor, California;
  • Bona US, Englewood, Colorado;
  • Case Medical, Bloomfield, New Jersey;
  • Church & Dwight Co., Inc., Ewing, New Jersey;
  • Clean Safety & Health in Food Trucks (CleanSHiFT) Team, Seattle, Washington;
  • The Clorox Company, Oakland, California;
  • Colgate-Palmolive, New York, New York;
  • Design for the Environment Logo Redesign Coalition: Environmental Defense Fund, The Natural Resources Defense Council, The Clorox Company, The Procter & Gamble Company, and Reckitt;
  • Dirty Labs Inc., Portland, Oregon;
  • ECOS, Cypress, California;
  • Grove Collaborative, San Francisco, California;
  • The Hazardous Waste Management Program, Seattle, Washington;
  • Holloway House, Inc., Fortville, Indiana;
  • The Home Depot, Atlanta, Georgia;
  • Household & Commercial Products Association, District of Columbia;
  • Jelmar, LLC, Skokie, Illinois;
  • Lemi Shine, Austin, Texas;
  • LightHouse for the Blind and Visually Impaired, San Francisco, California;
  • Mother Africa, Kent, Washington;
  • Novozymes North America, Raleigh, North Carolina;
  • The ODP Corporation, Boca Raton, Florida;
  • The Procter & Gamble Company, Cincinnati, Ohio;
  • PurposeBuilt Brands, Gurnee, Illinois;
  • Sensitive Home, Greenbrae, California; and
  • Solutex, Sterling, Virginia.

 

By Lynn L. Bergeson and Carla N. Hutton
 
The National Academies of Sciences, Engineering, and Medicine (NASEM) announced on October 19, 2022, the release of a report finding that life cycle assessments (LCA) of transportation fuels are valuable tools for measuring environmental impacts, but uncertainties remain in the current models and further research should be conducted to strengthen their reliability. The report recommends ways to improve models, increase reporting and transparency, perform targeted verification of emissions, and other avenues that will better inform policymaking for reducing greenhouse gas (GHG) emissions from transportation fuels. According to NASEM, LCAs have been increasingly applied in the development of transportation fuel policy to estimate and help reduce GHG emissions from fuels such as electricity, biofuels, synthetic fuels, and hydrogen. NASEM states that the report finds that there is no single LCA method capable of answering all questions related to the climate impacts of a transportation fuel, and that both attributional LCA (ALCA) and consequential LCA (CLCA) have important roles to play. CLCA, which considers the consequences of a policy or decision, such as the market effects of production changes, should be used to understand wide-ranging impacts of proposed changes on net GHG emissions. ALCA, which assigns portions of observed environmental impacts from human activities to specific goods and services, can be used to attribute emissions in well-defined supply chains and help identify opportunities to reduce carbon intensity throughout that supply chain. Hybrid methods that use a combination of process-based and economic input-output methodologies can also be useful in some circumstances. In all cases, modelers should provide transparency, justification, and sensitivity or robustness analysis for modeling choices.
 
NASEM notes that the report contains a number of other findings and recommendations for assessing the emissions of specific transportation fuels and their feedstocks, including the following for biofuels:

  • Study of land use changes from biofuels has been the topic of intense study over the last decade. Substantial uncertainties remain on key components of the models used to assess the impacts. More research into this area should be supported; and
  • Biofuel production facilities typically produce additional products. The distinction between what qualifies as a co-product, byproduct, or waste can be unclear, creating uncertainty in LCA models.
Tags: NASEM, LCA, GHG, Biofuel

 

By Lynn L. Bergeson and Carla N. Hutton
 
On October 6, 2022, the European Maritime Safety Agency (EMSA) announced the availability of a report entitled Update on Potential of Biofuels in Shipping, updating a previous study developed by EMSA on biofuels and examining the full range of biofuels from the perspective of current production capacity, storage and distribution infrastructure, and power-generation technologies. According to EMSA, the report also features techno-economic analyses and includes risk-based case studies to evaluate the potential of biofuels for the maritime sector. According to EMSA, among the broad spectrum of technology and fuel-solution pathways available for ship designers, builders, owners, and operators, biofuels potentially offer medium- and long-term marine fuel alternatives that can enter the market relatively quickly; they also offer the potential, if sustainability criteria are met, to reduce carbon output compared to traditional carbon-based fossil fuels. EMSA notes that although the current use of biofuels in marine-engine applications is very limited, there is significant potential for biofuels to capture a larger share of the total maritime fuel consumption and support the European Union (EU) and International Maritime Organization’s (IMO) greenhouse gas (GHG)-reduction ambitions for the maritime industry. EMSA states that “[r]ecent regulatory developments in the EU covering GHG emissions and the lifecycle aspect of fuels provide a basket of measures in line with the climate goals that could accelerate their adoption.” The “drop-in” characteristics of biofuels -- the possibility to replace conventional petroleum-refined hydrocarbons without substantial modifications to engines, fuel tanks, pumps, or supply systems -- may offer “an immediate, attractive and cost-effective solution, for the existing fleet.”


 

By Lynn L. Bergeson and Carla N. Hutton

Come learn about the 2023 Green Chemistry Challenge Awards program and the nomination process. This year the program will recognize winners in six categories, including: Greener Synthetic Pathways; Greener Reaction Conditions; The Design of Greener Chemicals; Specific Environmental Benefit: Climate Change; Small Business; and Academic.

Registration is open.


 

By Lynn L. Bergeson and Carla N. Hutton
 
The U.S. Environmental Protection Agency (EPA) announced on August 18, 2022, that it is accepting nominations for the 2023 Green Chemistry Challenge Awards from companies or institutions that have developed a new green chemistry process or product that helps protect human health and the environment. The awards again include a category to recognize technology that reduces or eliminates greenhouse gas (GHG) emissions. EPA will hold a webinar on September 28, 2022, from 2:00 to 3:30 p.m. (EDT) to educate stakeholders on the Green Chemistry Challenge Awards and the nomination process. Registration for the webinar is open. Nominations are due to EPA by December 9, 2022.
 
EPA states that green chemistry is the design of chemical products and processes that reduce or eliminate the generation and use of chemicals that are hazardous to the environment and people’s health. According to EPA, its efforts to “speed the adoption of this revolutionary and diverse discipline” have led to significant environmental benefits, innovation, and a strengthened economy. Green chemistry aims to prevent pollution before it is created, making it the preferred approach for providing solutions to some of the most significant environmental challenges.
 
An independent panel of technical experts convened by the American Chemical Society Green Chemistry Institute will formally judge the 2023 nominations and make recommendations to EPA for the 2023 winners. EPA anticipates giving awards to outstanding green chemistry technologies in six categories in fall 2023.


 

By Lynn L. Bergeson and Carla N. Hutton

The National Academies of Sciences, Engineering, and Medicine (NASEM) announced on July 21, 2022, publication of a new report entitled The Importance of Chemical Research to the U.S. Economy. The National Science Foundation (NSF), the Department of Energy (DOE), the National Institute of Standards and Technology (NIST), and the American Chemical Society (ACS) asked NASEM to convene a committee to consider strategies to sustain and enhance the economic activity driven by fundamental research investments in the chemical sciences. The chapter on “Sustainability for the Chemical Economy” includes the following general conclusions:

  • Implementing a circular economy will require a paradigm shift in the way products are designed, manufactured, and used, and how the waste products are collected and reused. These new processes, and the use of clean energy and new feedstocks to enable these processes, will require novel chemistries, tools, and new fundamental research at every stage of design;
     
  • Transitioning the chemical economy into a new paradigm around sustainable manufacturing, in which environmental sustainability is balanced with the need for products that will improve quality of life, enhance security, and increase U.S. competitiveness, will require substantial investment and innovation from industry, government, and their academic partners to create and implement new chemical processes and practices;
  • As fundamental chemical research continues to evolve, the next generation of research directions will prioritize the future of environmental sustainability and new energy technologies. Keeping sustainability principles in mind during every stage of research and development will be critical to accomplishing this goal;
     
  • Chemical research will have the greatest impact addressing energy and environmental sustainability if researchers and practitioners develop and use tools to quantify and mitigate environmental and human health impacts of new discoveries, are aware of the societal implications of their work, and if the research is driven by policies that identify specific environmental sustainability outcomes; and
     
  • As the world moves deeper into its current energy transition, including the switch to electric vehicles, the implementation of clean energy alternatives, and the use of new feedstock sources, coupled with an increasing focus on circularity, decarbonization, computation, measurement, and automation will significantly alter the operations and processes of current industries, creating new opportunities and challenges that will benefit from fundamental chemistry and chemical engineering advances.

 

By Lynn L. Bergeson and Carla N. Hutton

The U.S. Environmental Protection Agency (EPA) announced on August 1, 2022, a 15-day public comment period on two additional peer review candidates for the external peer review of the Biofuels and the Environment: Third Triennial Report to Congress (RtC3). 87 Fed. Reg. 46958. EPA previously requested comment on an initial pool of 20 candidates announced in a May 9, 2022, Federal Register notice. EPA states that after considering public comments and the balance and collective expertise of the reviewers, it asked ERG, the independent contractor organizing the peer review, to identify additional candidates to strengthen expertise gaps and allow a more balanced panel. EPA seeks public comment on additional peer review candidates to strengthen underrepresented areas of expertise, specifically economics, water quality, and ecology disciplines. According to EPA, ERG will ensure the peer reviewers’ combined expertise best spans the following disciplines: economics, engineering, agronomics, land use change, remote sensing, air quality, biogeochemistry, water quality, hydrology, conservation biology, limnology, and ecology. Comments are due August 16, 2022.
 
The first report to Congress (RtC1), completed in 2011, provided an assessment of the environmental and resource conservation impacts associated with increased biofuel production and use. The second report to Congress (RtC2) was completed in 2018 and reaffirmed the overarching conclusions of RtC1. RtC3 builds on the previous two reports and provides an update on the impacts to date of the RFS Program on the environment. It assesses air, water, and soil quality; ecosystem health and biodiversity; and other effects. RtC3 also includes new analyses not previously included in RtC1 and RtC2.


 
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