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 25, 2019, the U.S. Environmental Protection Agency (EPA) finally weighed-in on the murky and often misunderstood topic of label claims for plant regulators and plant biostimulants in posting its Draft Guidance for Plant Regulator Label Claims, Including Plant Biostimulants in Docket # EPA-HQ-OPP-2018-0258.  EPA issued the notice of availability in the Federal Register on March 27, 2019.  84 Fed. Reg. 11538.  EPA states that the draft guidance, issued under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), is intended to “provide guidance on identifying product label claims that are considered to be plant regulator claims” by EPA, thereby subjecting the products to regulation as pesticides under FIFRA.  EPA notes that when determining whether a plant biostimulant may trigger pesticide registration requirements, or may be excluded or exempt from FIFRA regulation, a “key consideration is what claims are being made on product labels.”  Comments on the draft guidance are due by May 28, 2019
 
Please see the Bergeson & Campbell, P.C. (B&C®) full memorandum for more information on this draft guidance including some background, information on the definition of a plant biostimulant, examples of product label claims, and B&C’s commentary.

Tags: EPA, FIFRA

 

By Lynn L. Bergeson

On March 25, 2019, the U.S. Environmental Protection Agency (EPA) posted Draft Guidance for Plant Regulator Label Claim, Including Plant Biostimulants in Docket # EPA-HQ-OPP-2018-0258.  EPA issued the notice of availability in the Federal Register on March 27, 201984 Fed. Reg. 11538.  This is an important document addressing tricky jurisdictional issues that have plagued EPA for years.  Comments on the draft guidance are due by May 28, 2019.  For a full summary of the draft guidance, please see Bergeson & Campbell, P.C.’s (B&C®) Pesticide Law and Policy Blog.

Tags: EPA, Pesticide

 

By Lynn L. Bergeson

On March 21, 2019, the U.S. Environmental Protection Agency (EPA) announced it was releasing a list of 40 chemicals to begin the prioritization process required by the amended Toxic Substances Control Act (TSCA).  84 Fed. Reg. 10491.  New TSCA requires EPA to designate 20 chemicals as “high-priority” for subsequent risk evaluation and 20 chemicals as “low-priority,” meaning that risk evaluation is not warranted at this time.  The 20 high priority candidate chemicals include:

  • Seven chlorinated solvents;
  • Six phthalates;
  • Four flame retardants;
  • Formaldehyde (which has been studied by EPA’s Integrated Risk Information System (IRIS) program for many years);
  • A fragrance additive; and
  • A polymer pre-curser.

EPA is also currently determining whether to conduct a risk evaluation of two additional phthalates.  The 20 low priority candidate chemicals have been selected from EPA’s Safer Chemicals Ingredients List, which includes chemicals that have been evaluated and determined to meet EPA's safer choice criteria. 

Alexandra Dapolito Dunn, Assistant Administrator for EPA’s Office of Chemical Safety and Pollution Prevention, stated that initiating a chemical for high or low prioritization “does not mean EPA has determined it poses unreasonable risk or no risk to human health or the environment,” however.  EPA states that is it releasing this list “to provide the public an opportunity to submit relevant information such as the uses, hazards, and exposure for these chemicals.”  Comments are due June 19, 2019.  EPA has opened a docket for each of the 40 chemicals; the dockets numbers are listed in the Federal Register notice.  EPA is directed to complete the prioritization process in the next nine to 12 months. 

Please be on the lookout for the Bergeson & Campbell, P.C.’s (B&C®) memorandum that will contain more information regarding EPA’s list.  It will be posted on our Regulatory Developments webpage.

Tags: EPA, TSCA

 

By Lynn L. Bergeson

On March 18, 2019, (EPA) announced a public hearing to be held for the proposed rule: “Modifications to Fuel Registrations to Provide Flexibility for E15: Modifications to RFS RIN Market Regulations.”  84 Fed. Reg. 9734.  The proposed rule would implement regulatory changes allowing E15 to take advantage of a Renewal Fuels Standard (RFS) program waiver. Currently, the 1-psi Raid Vapor Pressure (RVP) waiver only applies to ten percent ethanol (E10) during the summer months. The proposed rule also includes an interpretative definition of E15 gasoline as “substantially similar” to the fuel used to certify Tier 3 motor vehicles.  Lastly, EPA is also proposing changes to some RFS compliance system elements that would improve renewable identification number market functioning and prevent market manipulation.  The public hearing will take place in Ypsilanti, MI, on March 29, 2019.  The proposed rule was published in the Federal Register on March 21, 2019.  84 Fed. Reg. 10584. Comments are due by April 29, 2019.

Tags: EPA, RFS, RIN, Biofuel

 

By Lynn L. Bergeson

On February 22, 2019, the U.S. Environmental Protection Agency (EPA) published a notice of a proposed partial consent decree in Sierra Club v. Pruitt.  This notice is in response to a complaint filed by the Sierra Club in October 2017 to the District of Columbia Court.  The complaint alleged that former EPA Administrator Scott Pruitt “failed to perform a non-discretionary duty to assess and report to Congress on the environmental and resource conservation impacts of the Energy Independence Security Act’s (EISA) Renewable Fuel Standard (RFS) program.”  The complaint also alleged that Pruitt failed to complete the required anti-backsliding study to determine if RFS program fuels adversely impact air quality.  Concerned about Pruitt’s failure to promulgate fuel regulations to prevent potential adverse impacts, the Sierra Club also criticized the former Administrator’s determination that such regulatory measures were even necessary.
 
In response to these complaints, EPA is now proposing a partial consent decree which would establish a deadline for anti-backsliding studies.  EPA is now accepting written comments on the proposed partial consent decree, which must be submitted by March 25, 2019.

Tags: EPA, RFS, Biofuel

 

By Lynn L. Bergeson

On February 12, 2019, the U.S. Environmental Protection Agency (EPA) published its draft Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2017 (Emissions Inventory) for public review. EPA is requesting recommendations on how to improve the overall quality of the Emissions Inventory, which is expected to be issued in final in April 2019. The Emissions Inventory tracks U.S. greenhouse gas emissions and sinks by man-made source and economic sector since 1990. Once it is prepared in final, the Emissions Inventory will then be submitted to the United Nations in accordance with the Framework Convention on Climate Change. The deadline for comment submission is March 14, 2019; the full Emissions Inventory can be accessed here. In addition, EPA has also developed an interactive tool for interested parties to access the data from the national greenhouse gas inventory. Users can create customized graphs, download data, and analyze trends over time. Once the Emissions Inventory is published in April, the national greenhouse gas inventory will be updated accordingly.

Tags: EPA, GHG

 

By Lynn L. Bergeson

On December 21, 2018, the U.S. Environmental Protection Agency (EPA) announced in the Federal Register that the Syracuse Research Corporation (SRC) will be assisting the EPA Office of Pollution Prevention and Toxics (OPPT) in the creation of a database that will cover key data from past biotechnology submissions, and the creation of a biotechnology literature database with documents provided or referenced in Toxic Substances Control Act (TSCA) biotechnology submissions. The databases may include Confidential Business Information (CBI) and SRC will be given access to information submitted to EPA under all sections of TSCA. Under this contract, EPA may provide SRC access to CBI materials on a need-to-know basis only. All access to CBI will take place at EPA Headquarters and SRC sites in Arlington, Virginia, and Syracuse, New York, in accordance with EPA’s TSCA CBI Protection Manual. The contract will be effective until April 2, 2022, unless it is extended. SRC personnel will be required to sign nondisclosure agreements and will be briefed on security procedures prior to gaining access to CBI.

Tags: EPA, TSCA

 

By Lynn L. Bergeson

On December 21, 2018, EPA announced the call for nominations for the 2019 Green Chemistry Challenge Awards (GCCA). A national award to honor entities that have developed new processes or products using green chemistry approaches, the award focuses on approaches that assist in the protection of public health and the environment. Nominations for the awards include five innovation categories and are due by January 15, 2019. The five categories are: small business, greener synthetic pathways, design of greener chemicals, academic, and greener reaction conditions. Interested parties should read the GCCA Nomination Package for the awards prior to the submission of a nomination. The 2019 GCCA ceremony and reception for the winners will be held on June 10, 2019, in Washington, D.C.


 

By Lynn L. Bergeson

On November 30, 2018, the U.S. Environmental Protection Agency (EPA) announced the final renewable fuels volumes under the Renewable Fuel Standard (RFS) for 2019 and the biomass-based diesel volumes for 2020.  The final rule establishes that the 15-billion gallon targets originally set by Congress for 2019 will be maintained and primarily met by corn ethanol.  Additionally, in 2019, advanced biofuel volumes will increase by 630 million gallons and cellulosic biofuel volumes by 130 million gallons over the 2018 standard.  The biomass-based diesel volumes for 2020 will increase by 330 million gallons over the 2019 standard of 2.1 billion gallons.

Tags: EPA, RFS, Biofuel

 

By Lynn L. Bergeson

On December 4, 2018, EPA announced that it is accepting nominations for the 2019 Green Chemistry Challenge Awards.  Sponsored by EPA’s Office of Chemical Safety and Pollution Prevention (OCSPP) in partnership with the American Chemical Society Green Chemistry Institute (ACSGCI), these awards promote the development and use of novel green chemistry for environmental and economic benefits.  There are five award categories for which eligible candidates can be nominated:

  • Greener Synthetic Pathways (Focus Area 1);
  • Greener Reaction Condition (Focus Area 2);
  • The Design of Greener Chemicals (Focus Area 3);
  • Small Business; and
  • Academic.

Eligibility for nominations requires that candidates’ technology meets the following criteria:  (1) it must be a green chemistry technology with a significant chemistry component; (2) it must include source reduction; (3) it must be submitted by an eligible organization or its representatives; (4) it must have a significant milestone in its development within the past five years; (5) it must have a significant U.S. component; and (6) it must fit within at least one of the three focus areas of the program.  The deadline for nominations is January 15, 2019, to be presented in the summer of 2019.  Self-nominations are allowed, there is no entry fee or standard form, and one can nominate more than one technology.


 
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