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 August 6, 2019, the Minnesota Department of Agriculture (MDA) announced four grants aiming to expand biofuel access and production to advance the state’s renewable energy efforts. Awarded to four recipients by MDA’s Agricultural Growth, Research and Innovation (AGRI) Program, the grants total more than $500,000. One Bioenergy/Biochemical Pilot Project Grant was awarded, providing funding to advance bioenergy and biochemical production technology to a commercial scale. Three Biofuel Blending Infrastructure Grants were awarded to expand the use of blending infrastructure equipment in Minnesota.


 

By Lynn L. Bergeson

On June 27, 2019, the California Air Resources Board (CARB) approved a rule requiring the gradual transition of fixed-route airport shuttles into 100 percent zero-emission vehicles (ZEV) by 2035. Applied to public and private shuttles that serve the state’s 13 largest airports, including rental car agencies, hotels, and parking facilities, the regulation was approved with an expectation to reduce greenhouse gas (GHG) emissions by at least 500,000 metric tons. According to CARB, the regulation will also benefit shuttle fleet owners through an estimated $30 million in reduced fuel and maintenance costs. Currently, six airports and private businesses serving nine airports already have zero-emission shuttles operating in the state. This new rule presents “a great opportunity for showcasing this process,” stated CARB Executive Officer, Richard Corey. CARB states that airport shuttles are well-suited to zero-emission technology because they operate on short, fixed routes up to 200 miles per day with low average speeds in a stop/go pattern. When operating in this manner, ZEVs are advantageous from an energy and fuel efficiency perspective. The rule will require annual reporting of vehicles to CARB in 2022, and end in 2035 with full compliance of ZEV airport shuttles.


 

By Lynn L. Bergeson

On June 28, 2019, the California Department of Toxic Substances Control (DTSC) will host the first public workshop on 1,4-Dioxane in Personal Care and Cleaning Products. 1,4-Dioxane, a solvent and stabilizer for chlorinated solvents, which is produced from both petroleum sources and from biobased ethylene oxide, has been identified by DTSC as a likely human carcinogen and an emerging contaminant found in beauty, personal care, hygiene, and cleaning products. DTSC is requesting additional information from stakeholders about potential adverse impacts from 1,4-dioxane in consumer products; its presence in personal care and cleaning products; and the feasibility of removing it from these products. To view the background document and submit comments, please visit DTSC’s CalSAFER portal. The comment period closes on August 21, 2019.


 

By Lynn L. Bergeson

On May 15, 2019, the California Energy Commission (CEC) approved approximately $11 million for clean energy demonstration projects that include biofuels, renewable gas, and microgrids. Funded by CEC’s Alternative and Renewable Fuels and Vehicle Technology Program, in support of clean transportation innovation, $2 million from the total funds have been approved for technology and investment solutions in hopes of demonstrating cost-effective and more sustainable processes for creating biomethane for waste hauling trucks. Funding was also awarded in support of renewable gas production using wood waste from trees killed by beetle infestation and drought, as well as in support of the natural gas sector. Microgrids at schools and residential areas in the City of Lancaster are also being supported by a $5 million grant.  The project’s distributed energy resources will be integrated and managed by a virtual power plant that optimizes cost savings, grid resilience, and revenue generation. Further details can be found in CEC’s business meeting agenda.


 

By Lynn L. Bergeson

The Minnesota Department of Agriculture is offering an opportunity for funding to advance a bioenergy or biochemical production technology toward commercial scale through the construction and operation of a pilot plant. To be eligible for the AGRI Bioenergy/Biochemical Pilot Project Grant, applicants must be a Minnesota-based company, learning institution, local government unit, Native American Tribal community, or individual (including for-profit businesses and colleges/universities). Eligible grant projects will be for the development of innovative bioenergy or biochemical production technology ideas that have advanced beyond the proof of concept and are at the scaling up to pilot-plant stage. Up to $150,000 will be awarded and must be used for:  (1) wages, software, or anything else necessary to perform the tasks of the grant project’s work plan; and (2) equipment needed for the project implementation. Applications are due by 4:00 p.m. (CDT) on April 26, 2019.  For further details, see the Request for Proposals.


 

By Lynn L. Bergeson

Minnesota’s Department of Agriculture has announced the AGRI Biofuel Blending Infrastructure Grant to provide funding for biofuel blending infrastructure equipment. In hopes of promoting economic growth and environmentally friendly practices in Minnesota’s biofuels industries, the Grant aims to develop new or enhanced markets that improve blending outcomes, including but not limited to increasing sales and greater access to fuels. The Grant is open to Minnesota-based organizations that are biofuel producers, blending and supplying fuel businesses, and petroleum fuel blenders/distributions. Funds can be used for equipment purchase and its installation or associated costs. The project eligibility requires that the equipment continues to operate until the grant contract expires, the equipment be installed in Minnesota, and that it is compatible with the biofuel-petroleum blends. The amount available ($650,000 in 2019) allows for various grants to be given, and cannot exceed $199,000 of grants per applicant. Applications are due no later than 4:00 p.m. (CST) on Friday, April 12, 2019. For the full request for the proposal, click here.


 

By Lynn L. Bergeson

On September 27, 2018, the California Air Resources Board (CARB) announced its approval of amendments to the Low Carbon Fuel Standard (LCFS). The LCFS has been in place since 2011, in an effort to reduce greenhouse gas (GHG) emissions. Under the original program, the standard required a ten percent reduction in the carbon intensity of transportation fuels in California by 2020. In 2017 only, the LCFS has successfully led to the replacement of billions of gallons of petroleum and natural gas with renewable and sustainable transportation fuels. Despite its success, however, the approved amendments to the LCFS aim to make the program more flexible and comprehensive. Under the new amendments, the LCFS sets new requirements to the reduction in carbon intensity and added credits for alternative aviation fuels. The LCFS now requires a 20 percent reduction in carbon intensity by 2030, parallel to California’s overall 2030 target in climate change reduction. Additional changes also include the restructuration of rebate programs for utility vehicles into one single pool and a new protocol for carbon capture and storage. For further details on the new LCFS, click here.


 

By Lynn L. Bergeson

On May 1, 2018, a new biodiesel requirement went into effect in Minnesota, requiring all diesel fuel sold in the state to contain five percent biodiesel from October to March and 20 percent biodiesel from April to September. This is the last stage of the Biodiesel Content Mandate that has been steadily increasing the minimum content requirement of biodiesel in diesel sold in Minnesota since September 29, 2005, when a two percent blend requirement was introduced. Since then the requirement has increased to five percent on May 1, 2009, and stayed at five percent for the winter months while the summer requirement increased to ten percent on July 1, 2014, and reached the final 20 percent requirement for the summer months this May.  Minnesota originally planned to transition to a ten percent biodiesel blend on May 1, 2012, but concerns about inadequate blending infrastructure delayed implementation. Minnesota’s government is confident that the state is prepared to switch to a 20 percent biodiesel blend, with sufficient fuel and feedstock supply and adequate blending infrastructure. Tom Slunecka, CEO of the Minnesota Soybean Growers, states consumers benefit the most from the B20 mandate, “They’re getting better, cleaner air because biodiesel is in our fuel tanks.  They’re getting the benefit of an industry that was born here in Minnesota.  It’s produced here, it’s consumed here.  So all the taxes stay right here.”


 

By Lauren M. Graham, Ph.D.

On December 28, 2017, New York City Council Member Costa Constantinides announced that the New York City Council unanimously passed a bill on the use of alternative fuels and alternative fuel technologies in the city ferry fleet (INT. 54).  The legislation would require a two-year study on the feasibility of using alternative fuel, including biodiesel, and fuel technologies, including hybrid electric or fuel-cell electric, in city ferries.  The study would include consideration of availability, storage, ferry compatibility, possible barriers, regulatory requirements, and other issues related to renewable fuels.  Based on the findings, the city would determine whether it is feasible and practical to implement the use of renewable fuels.  The bill, which Council Member Constantinides introduced to the Council in 2014, is awaiting Mayor Bill de Blasio's signature.

Tags: NYC, Biofuel, Study

 

By Kathleen M. Roberts

On October 10, 2017, the U.S. Environmental Protection Agency (EPA) published in the Federal Register its final rule establishing exemptions for a tolerance limit to use tall oil fatty acids (TOFA) as an inert ingredient “[‌i]n pesticide formulations applied to growing crops and raw agricultural commodities after harvest; in pesticides applied in/on animals, and in antimicrobial formulations for food contact surfaces.”  Pursuant to Section 408(c)(2)(A)(i) of the Federal Food, Drug, and Cosmetic Act (FFDCA), EPA has the authority to establish exemptions from the requirement of a tolerance only when it can be demonstrated clearly that the risks from aggregate exposure to the pesticide residue, including all anticipated dietary exposures and all other exposures, particularly to infants and children, for which there is reliable information, will pose no appreciable risks to human health.  In analyzing the risk, EPA considers both the toxicity of the inert ingredient and the reasonably foreseeable circumstances for exposure to the substance.  Following its evaluation and consideration of the validity, completeness, and reliability of available toxicity data, EPA determined that sufficient data were available to conclude that TOFA do not have a toxic mechanism and will not pose a risk to the U.S. population. 
 
EPA established the final rulemaking following a petition by Spring Trading Company on behalf of Ingevity Corporation requesting that 40 C.F.R. Sections 180.910, 180.930, and 180.940(a) be amended to establish the exemptions.  The regulation is effective immediately and eliminates the need to establish maximum permissible levels for residues of TOFA that are consistent with the conditions of these exemptions.  Objections and requests for hearings regarding the regulation are due by December 11, 2017.


 
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