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

After winning AkzoNobel’s Imagine Chemistry Challenge in 2017, on July 24, 2018, AkzoNobel, a member of the Biobased and Renewable Products Advocacy Group (BRAG®), and Renmatrix announced a decision jointly to develop biomass-based performance additives to improve architectural paints and construction materials.  Valuable to green chemistry building blocks, Renmatrix uses techniques that involve converting biomass into cellulosic sugars and bio-fractions.  AkzoNobel has agreed to research, develop, and commercialize new products using a form of the newest bio-fraction isolated by Renmatrix: Cryto­­TM Cellulose, which is a form of crystalline cellulose.  The plan is for their joint work to develop a wide range of cellulose-based materials for commercial use.


 

 

By Lynn L. Bergeson

On July 18, 2018, Neste, a member of the Biobased and Renewable Products Advocacy Group (BRAG®) announced that it is exploring the use of waste plastic as a raw material in fossil refining, with a plan to start an industrial scale trial during 2019.  If successful, Neste could process one million tons of plastic waste annually by 2030.  The chemical recycling process uses “waste plastics as raw material for the refining and petrochemical industries to convert into end products such as fuels, chemicals, and new plastics.”  This method compliments traditional mechanical recycling by significantly increasing the possible uses of waste plastics and creating greater demand for chemical recycling in general.  To accelerate development, Neste is looking for partners across the value chain, including in waste management and upgrading technologies.


 

 

By Lynn L. Bergeson

On July 18, 2018, the U.S. Environmental Protection Agency (EPA) held a Public Hearing for Proposed Renewable Fuel Standards (RFS) for 2019 and Biomass-Based Diesel Volume for 2020.  The National Biodiesel Board (NBB) testified at this meeting that EPA should set the 2020 Biomass-based Diesel volume at 2.8 billion gallons, stating that it aligns with the goals that Congress set for the RFS program, the volume is achievable in 2020, and that it will better fulfill the promise of the RFS program.  These statements come on the heels of a July 12, 2018, request by the Trump administration that the U.S. Court of Appeals for the District of Columbia Circuit throw out a lawsuit over previous small refiner hardship exemption waivers that EPA had granted.  Government lawyers argued that the lawsuit did not challenge a “final” agency action, so individual exemptions must be challenged in local courts.  EPA’s small refinery hardship exemptions have doubled in 2016 and 2017 when compared with previous years, with NBB estimating a decreased demand of 300 million gallons for biodiesel.  NBB argued that increasing the RFS for 2019 and 2020 is needed to reduce the uncertainty that has been caused by issuing the small refinery hardship exemptions.

Tags: Biofuel, RFS

 

By Lynn L. Bergeson

On July 16, 2018, Anellotech and Suntory announced that a new milestone had been reached in developing a 100 percent biobased plastic bottle. Anellotech is using a thermal catalytic process called Bio-TCatTM to confirm non-food based feedstocks into BTX aromatics, renewable chemicals that are structurally identical to traditional plastic components.  The BTX is now undergoing purification studies to make bio-paraxylene, a key chemical for the renewable bottles. David Sudolsky, President & CEO of Anellotech, stated “[f]ollowing our announcements earlier this year on process development and continuous operation, we are glad that significant progress continues at our TCat-8® pilot plant. We continue to move the technology towards commercialization, and shipping the pilot plant’s product for downstream evaluation is another major milestone.  Having collaborated with Suntory since 2012 to advance development of cost-competitive bio-aromatics, we hope bio-based plastics made from our Bio-TCatTM process and a 100% bio-based bottle soon become a reality.”


 

 

By Lynn L. Bergeson

On June 4, 2018, several biofuel and agricultural groups, including the Renewable Fuels Association, the Biotechnology Innovation Organization, the American Coalition for Ethanol (ACE), and the National Biodiesel Board, among others, petitioned the U.S. Environmental Protection Agency (EPA) regarding EPA’s Renewable Fuel Standard (RFS) obligations.  The ACE announcement states that the petition asks EPA to “change its regulations to account for lost volumes of renewable fuel resulting from the unprecedented number of retroactive small refinery exemptions from [RFS] obligations recently granted by EPA.”  The petition states that Section 211(o)(2)(a)(i) of the Clean Air Act “requires EPA to ensure that the annual required volumes of renewable fuel are introduced into the nation’s transportation fuel supply,” and that EPA’s “suddenly reversing its prior policy and granting retroactive exemptions to so many small refineries without adjusting its Annual Standard Equations to account for the resulting lost volumes,” means that EPA is “failing to meet its statutory obligation to ‘ensure’ that transportation fuels in the United States contain the applicable volumes of renewable fuel.”  The petition requests EPA to (1) convene a proceeding to reconsider the annual standard equations in 40 C.F.R. § 80.1405(c); and (2) convene a proceeding to reconsider its final action entitled “Periodic Reviews for the Renewable Fuel Standard Program” (82 Fed. Reg. 58364 (Dec. 12, 2017)).

Tags: EPA, RFS, Biofuel

 

By Lynn L. Bergeson

On June 8, 2018, petitioners in the District of Columbia Circuit (D.C. Circuit) case Coffeyville Resources Refining, et al. v. EPA filed their final briefs in the case challenging EPA’s final rule that established:  (1) the annual percentage standards for cellulosic biofuel, biomass-based diesel (BBD), advanced biofuel, and total renewable fuel that apply to all motor vehicle gasoline and diesel produced or imported in the year 2017; and (2) the applicable volume of BBD for 2018.  81 Fed. Reg. 89746 (Dec. 12, 2016).  Final briefs were filed by petitioners Coffeyville Resources Refining & Marketing, LLC, et al. and the National Biodiesel Board (NBB).  The lengthy briefs reiterate the petitioners’ arguments that EPA acted arbitrarily and capriciously in relying on incomplete and flawed information and methodology when setting the cellulosic biofuel requirements and other 2017 obligations, and that EPA violated 42 U.S.C. § 7545(o)(2)(B)(ii) when it set the 2018 BBD volume based on factors that are not among those Congress instructed the Agency to consider, including the 2018 advanced-biofuel volume.  Respondent EPA and intervenors for EPA also filed final briefs.  EPA argued that its use of the cellulosic waiver was reasonable and reasonably used and applied; the D.C. Circuit has previously upheld its cellulosic biofuel projection methodology; and it properly assessed and set the BBD volumes for 2018.  Oral argument in this case has not yet been scheduled.  All of the briefs are available on Inside EPA’s website (subscription required).

Tags: Biofuel, RFS

 
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