Posted on January 24, 2022 by Lynn L BergesonBy Lynn L. Bergeson and Carla N. Hutton
On January 21, 2022, the U.S. Environmental Protection Agency (EPA) announced a new effort under the Toxic Substances Control Act (TSCA) to streamline the review of new chemicals that could be used to displace current, higher greenhouse gas (GHG) emitting transportation fuels. The Office of Chemical Safety and Pollution Prevention’s (OCSPP) New Chemicals Division (NCD) has implemented a “robust, consistent, and efficient process to assess the risk and apply mitigation measures, as appropriate, for substitutes to petroleum-based fuels and fuel additives that use biobased or waste-derived sources to produce biofuels.” EPA states that this effort supports its goals under the Renewable Fuel Standard (RFS) program, as well as its 2021 Climate Adaptation Action Plan. According to the announcement, EPA has received over 30 biofuel premanufacture notices (PMN) “that collectively describe plans for close to 800 million gallons per year of production of advanced biofuels, that could contribute to annual volume mandates under the RFS program and help support the goals of energy security through increasing domestic production” within the United States.
The announcement includes:
New Chemicals Division Integrated Approach to Biofuels
Under this effort, NCD formed a dedicated team to collaborate on the review of PMNs for biobased or waste-derived feedstocks used to make transportation fuel substitutes with the goals to use the best available science while creating a consistent and efficient review process. EPA states that NCD developed a standardized process for the way biofuel PMNs are reviewed. For example, the same dedicated team will be conducting reviews for all biofuels PMNs, helping to ensure the assessments and determinations are consistent and aligned with requirements. Further, NCD will generate one report for biofuels PMNs that combines the six different risk assessments typically conducted for PMNs, helping to provide a clearer summary explanation of how EPA conducted its assessment and made its determination.
For risk management actions, NCD will apply appropriate mitigation measures to address any potential for unreasonable risk identified in an efficient and consistent manner within TSCA consent orders and significant new use rules (SNUR).
Outreach and Training
According to the announcement, OCSPP is launching outreach and training for interested stakeholders in the biofuels sector to review TSCA requirements, outline the streamlined approaches for risk assessments and risk management actions, and provide information on how to navigate the new chemicals PMN process.
OCSPP will hold a kick-off meeting on February 9, 2022, to provide an overview of this initiative and answer questions from stakeholders. Registration for the meeting is open.
Other planned outreach and training related to this biofuels initiative include webinars on:
- TSCA requirements and the PMN process;
- The TSCA Inventory, nomenclature, and Bona Fide process;
- New chemicals risk assessments, including applications of the tools, models, and databases; and
- New chemicals risk management actions, including TSCA Section 5 orders and SNURs.
EPA states that it may add additional outreach and training sessions, including training opportunities applicable to all new chemical submitters, based on stakeholder interest and feedback.
Posted on December 21, 2021 by Lynn L BergesonBy Lynn L. Bergeson
On December 8, 2021, President Joseph Biden signed an Executive Order (EO) on Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability. The EO calls for the federal government to achieve a carbon pollution-free electricity sector by 2035 and net-zero emissions economy-wide by no later than 2050. Using a whole-of-government approach, the federal government “will demonstrate how innovation and environmental stewardship can protect our planet, safeguard Federal investments against the effects of climate change, respond to the needs of all of America’s communities, and expand American technologies, industries, and jobs.” The EO directs agencies to “incentivize markets for sustainable products and services by prioritizing products that can be reused, refurbished, or recycled; maximizing environmental benefits and cost savings through use of full lifecycle cost methodologies; purchasing products that contain recycled content, are biobased, or are energy and water efficient, in accordance with relevant statutory requirements; and, to the maximum extent practicable, purchasing sustainable products and services identified or recommended by” the U.S. Environmental Protection Agency (EPA). According to the fact sheet, sustainable products include “products without added perfluoroalkyl or polyfluoroalkyl substances (PFAS).”
Posted on December 03, 2021 by Lynn L BergesonBy Lynn L. Bergeson and Ligia Duarte Botelho, M.A.
On November 23, 2021, ACS announced that it is accepting applications for its Heh-Won Chang, Ph.D. Fellowship in Green Chemistry. This opportunity provides $5,000 in financial support to full-time graduate students conducting research in green chemistry. This one-time payment may be used for any purpose, including conference travel, professional development, and living expenses while the recipient is in graduate school. This opportunity is open to full-time graduate students across the globe who have at least one full year of study remaining in their graduate programs. Recipients must present their research at the annual ACS GC&E, where the award will be presented formally. Applications are due by December 31, 2021. Additional information on application requirements is available here.
Posted on December 03, 2021 by Lynn L BergesonBy Lynn L. Bergeson and Ligia Duarte Botelho, M.A.
On November 23, 2021, the American Chemical Society (ACS) Green Chemistry Institute (GCI) announced that it is accepting applications for the Nina McClelland Memorial Award for postdoctoral chemists engaged in green chemistry research. Annually, two awardees will receive a $2,000 sponsorship to participate in and present their research at the annual ACS Green Chemistry & Engineering Conference (GC&E).
The 2022 GC&E will be held in Reston, Virginia, from June 6 to June 8, 2022. Both U.S. and international postdoctoral scholars are eligible to apply for this opportunity. For purposes of this award, ACS GCI characterizes green and sustainable chemistry innovation activities as:
- Elimination and reduction of toxics and pollution;
- Holistic systems design;
- Maximization of resource efficiency; and
- Utilization of life cycle thinking.
Applications must address at least one of these attributes, and nominees are encouraged to address as many of them as possible. The application deadline is December 31, 2021. Additional information on how to apply is available here.
Posted on November 05, 2021 by Lynn L BergesonBy Lynn L. Bergeson
On October 1, 2021, the U.S. Environmental Protection Agency (EPA) announced the availability of the Draft FY 2022-2026 EPA Strategic Plan. 86 Fed. Reg. 54448. The draft Strategic Plan communicates EPA’s priorities and provides the roadmap for achieving its mission to protect human health and the environment. The draft Strategic Plan outlines objectives with the following goals:
- Goal 1: Tackle the Climate Crisis;
- Goal 2: Take Decisive Action to Advance Environmental Justice and Civil Rights;
- Goal 3: Enforce Environmental Laws and Ensure Compliance;
- Goal 4: Ensure Clean and Healthy Air for All Communities;
- Goal 5: Ensure Clean and Safe Water for All Communities;
- Goal 6: Safeguard and Revitalize Communities; and
- Goal 7: Ensure Safety of Chemicals for People and the Environment.
Goal 7 includes two objectives. Objective 7.1, “Ensure Chemical and Pesticide Safety,” is intended to protect the health of families, communities, and ecosystems from the risks posed by chemicals and pesticides. It includes the following long-term goals:
- By September 30, 2026, complete annually at least eight High-Priority Substance (HPS) Toxic Substances Control Act (TSCA) risk evaluations within statutory timelines compared with the fiscal year (FY) 2020 baseline of one;
- By September 30, 2026, review 90 percent of risk mitigation requirements for TSCA new chemical substances compared to the FY 2021 baseline of none;
- By September 30, 2026, renew 40 percent of expiring lead-based paint Renovation, Repair, and Painting (RRP) firm certifications within 30 days compared to the FY 2021 baseline of 36 percent;
- By September 30, 2026, complete 78 pesticide registration review cases;
- By September 30, 2026, consider the effects determinations or protections of federally threatened and endangered species for new active ingredients in 90 percent of the risk assessments supporting pesticide registration decisions for new active ingredients compared to the FY 2020 baseline of 50 percent;
- By September 30, 2026, consider the effects determinations or protections of federally threatened and endangered species in 50 percent of the risk assessments supporting pesticide registration review decisions compared to the FY 2020 baseline of 25 percent; and
- By September 30, 2026, support Agricultural Worker Protection Standard (WPS) pesticide safety training for 20,000 farmworkers annually compared with the FY 2018-2020 annual average baseline of 11,000.
Objective 7.2, “Promote Pollution Prevention,” is intended to encourage the adoption of pollution prevention and other stewardship practices that conserve natural resources, mitigate climate change, and promote environmental sustainability. It includes the following long-term goals:
- By September 30, 2026, reduce a total of 1.5 million metric tons of carbon dioxide equivalent released attributed to EPA pollution prevention grants; and
- By September 30, 2026, EPA’s Safer Choice program will certify a total of 2,300 products compared to the FY 2021 baseline of 1,950 total certified products.
According to the notice, EPA is seeking comment from individual citizens, states, tribes, local governments, industry, the academic community, non-governmental organizations (NGO), and all other interested parties. Comments are due November 12, 2021. EPA states that it “anticipates the final Strategic Plan will be submitted to Congress in February 2022.”
Posted on October 20, 2021 by Lynn L BergesonBy Lynn L. Bergeson and Carla N. Hutton
On October 1, 2021, the U.S. Environmental Protection Agency (EPA) announced the availability of the Draft FY 2022-2026 EPA Strategic Plan. 86 Fed. Reg. 54448. The draft Strategic Plan communicates EPA’s priorities and provides the roadmap for achieving its mission to protect human health and the environment. The draft Strategic Plan outlines objectives within the following strategic goals:
- Goal 1: Tackle the Climate Crisis;
- Goal 2: Take Decisive Action to Advance Environmental Justice and Civil Rights;
- Goal 3: Enforce Environmental Laws and Ensure Compliance;
- Goal 4: Ensure Clean and Healthy Air for All Communities;
- Goal 5: Ensure Clean and Safe Water for All Communities;
- Goal 6: Safeguard and Revitalize Communities; and
- Goal 7: Ensure Safety of Chemicals for People and the Environment.
Goal 7 includes two objectives. Objective 7.1, “Ensure Chemical and Pesticide Safety,” is intended to protect the health of families, communities, and ecosystems from the risks posed by chemicals and pesticides. It includes the following long-term goals:
- By September 30, 2026, complete at least eight High Priority Substance (HPS) Toxic Substances Control Act (TSCA) risk evaluations annually within statutory timelines compared with the fiscal year (FY) 2020 baseline of one;
- By September 30, 2026, review 90 percent of risk mitigation requirements for TSCA new chemical substances compared to the FY 2021 baseline of none;
- By September 30, 2026, renew 40 percent of expiring lead-based paint Renovation, Repair, and Painting (RRP) firm certifications within 30 days compared to the FY 2021 baseline of 36 percent;
- By September 30, 2026, complete 78 pesticide registration review cases;
- By September 30, 2026, consider the effects determinations or protections of federally threatened and endangered species for new active ingredients in 90 percent of the risk assessments supporting pesticide registration decisions for new active ingredients compared to the FY 2020 baseline of 50 percent;
- By September 30, 2026, consider the effects determinations or protections of federally threatened and endangered species in 50 percent of the risk assessments supporting pesticide registration review decisions compared to the FY 2020 baseline of 25 percent; and
- By September 30, 2026, support Agricultural Worker Protection Standard (WPS) pesticide safety training for 20,000 farmworkers annually compared with the FY 2018-2020 annual average baseline of 11,000.
Objective 7.2, “Promote Pollution Prevention,” is intended to encourage the adoption of pollution prevention and other stewardship practices that conserve natural resources, mitigate climate change, and promote environmental sustainability. It includes the following long-term goals:
- By September 30, 2026, reduce a total of 1.5 million metric tons of carbon dioxide equivalent released attributed to EPA pollution prevention grants; and
- By September 30, 2026, EPA’s Safer Choice program will certify a total of 2,300 products compared to the FY 2021 baseline of 1,950 total certified products.
According to the notice, EPA is seeking comment from individual citizens, states, tribes, local governments, industry, the academic community, non-governmental organizations (NGO), and all other interested parties. Comments are due November 12, 2021. EPA states that it “anticipates the final Strategic Plan will be submitted to Congress in February 2022.”
Posted on October 13, 2021 by Lynn L BergesonBy Lynn L. Bergeson and Ligia Duarte Botelho, M.A.
On October 7, 2021, the California Department of Toxic Substances Control (DTSC) announced that the Green Ribbon Science Panel (GRSP) will hold a meeting from 12:00 p.m. to 3:00 p.m. (EDT) on November 5, 2021. The meeting will focus on microplastic research and policy.
GRSP was established to act as a resource for the implementation of California’s Green Chemistry Law. GRSP provides technical advice to the DTSC Director and the California Environmental Policy Council (CEPC) on scientific matters related to the development of policy recommendations and implementation strategies on green chemistry and chemicals through DTSC’s Safer Consumer Products (SCP) program. Additional topics covered by GRSP as the SCP program continues to expand include:
Posted on October 12, 2021 by Lynn L BergesonBy Lynn L. Bergeson
The U.S. Government Accountability Office (GAO) posted a WatchBlog item entitled “Can Chemical Recycling Reduce Plastic Pollution?” on October 5, 2021. The item looks at GAO’s September 2021 Science & Tech Spotlight: Advanced Plastic Recycling. According to GAO, chemical recycling could reduce the amount of plastic that ends up in landfills, potentially reducing the release of chemicals into the environment. Chemical recycling can produce high-quality raw materials, decreasing the demand for fossil fuels and other natural resources. GAO states that the obstacles to using chemical recycling include process and technology challenges, high startup and operating costs, and limited incentives for recycling innovation and investment. GAO notes that new plastics produced from fossil fuels are typically cheaper to produce than recycled plastics, in part due to transportation costs and limited recycling infrastructure, making recycled plastics less marketable. Key questions for policymakers include:
What steps could the federal government, states, and other stakeholders take to further incentivize chemical recycling rather than disposal? What are the potential benefits and challenges of these approaches?
What steps could policymakers take to support a transition toward a circular economy -- one in which products are not disposed of but are recycled for reuse including innovation -- and investment in manufacturing and recycling capacity?
What might policymakers do to promote advanced recycling technologies while also reducing the hazards associated with existing plastic production and recycling methods?
One issue that GAO fails to consider is the regulatory status of depolymerized plastic. Furthermore, making a polymer by depolymerizing plastic is, according to the Toxic Substances Control Act (TSCA) nomenclature rules, different than the virgin polymer. These nomenclature complications will likely be a barrier to the commercialization of the closed-loop chemical recycling of plastics.
Posted on October 08, 2021 by Lynn L BergesonLynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), will present during the “Moving Towards ‘Cradle-to-Cradle’: Regulatory Drivers and Barriers in Reducing Waste and Achieving Sustainable Lifecycle Management and a Circular Economy” session on October 14, 2021, at 1:45 p.m. (EDT), at the American Bar Association’s (ABA) Section of Environment, Energy, and Resources (SEER) 29th Fall Conference.
Posted on September 02, 2021 by Lynn L BergesonBy Lynn L. Bergeson and Ligia Duarte Botelho, M.A.
On August 26, 2021, DOE’s Office of Energy Efficiency and Renewable Energy (EERE) and the Office of Economic Impact and Diversity (ED) announced the launch of the Inclusive Energy Innovation Prize. The new prize will provide cash prizes of up to $250,000 each -- totaling $2.5 million -- to groups and organizations in support of entrepreneurship and innovation in communities historically underrepresented and underserved in the energy sector. Acting Assistant Secretary for Energy Efficiency and Renewable Energy Kelly Speakes-Backman said that this new prize is part of EERE’s effort to address the urgent need for diversity in the funding applications EERE receives. Ms. Speakes-Backman added, “We know climate change disproportionally affects underserved communities, so it is also critical that we change that -- by partnering with these communities when developing climate solutions together.” This new prize aligns with President Biden Administration’s Justice40 Initiative that aims to deliver 40 percent of the overall benefits of relevant federal investments in climate and clean energy to underserved communities.
In hopes of attracting and supporting innovators and entrepreneurs from all backgrounds, the Inclusive Energy Innovation Prize aims to:
- “Support organizations to create or identify activities that provide incubation, acceleration, and community-based entrepreneurship and innovation services in climate and clean energy technologies.
- Identify and fund activities that will help traditionally underrepresented groups apply for and receive DOE funding in support of DOE’s Justice40 goals.
- Build trust and strengthen relationships and partnerships with underrepresented, underserved, and frontline communities or community-serving organizations to understand and lower barriers to entry to DOE funding opportunities.
- Foster grassroots innovation in policy and process related to just and equitable clean energy deployment.
- Support colleges, universities, and other educational institutions that serve large populations of students traditionally underrepresented in STEM (science, technology, engineering, and mathematics), including Minority Serving Institutions, tribal colleges, community colleges, and predominantly undergraduate institutions.”
The Inclusive Energy Innovation Prize will open to submissions later in September 2021, welcoming applications from community-centric organizations and educational institutions with experience engaging with and promoting underrepresented communities. These organizations will support environmental, climate, and energy justice by using their experience and institutional knowledge to serve as a bridge between DOE and innovators.
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