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

The Product Stewardship Society is now accepting nominations for officials from member companies to serve on its Board of Directors. The Board establishes the organization’s strategic direction and goals, and monitors progress toward reaching those goals. Nominees must be members in good standing; self-nominations are allowed.

“Our Board members are leaders in a diverse range of business sectors. We are looking for leaders who have a passion for the Society and who wish to work with like-minded professionals to grow the profession and make a difference,” stated Lynn Bergeson, President of the Product Stewardship Society.

Deadline for the nominations is April 15, 2020. More information is available in the full press release.

Tags: PSS, Board

 

On October 12, 2016, EPA convened a public advisory committee teleconference of the Biogenic Carbon Emissions Panel.  This advisory meeting discussed comments from chartered Science Advisory Board (SAB) members from the draft report on EPA’s Framework for Assessing Biogenic CO2 Emissions from Stationary Sources.  The SAB panel announced plans to overhaul the current draft report to provide emission examples at various time scales.  This change, to include longer time spans, is supported by industry professionals who believe it better represents the full carbon sequestration benefits created through regrowth of biomass.  Inside EPA (subscription required) quoted the Environmental Defense Fund’s Steven Hamburg, noting that the SAB should “make clear the implications of picking different time horizons, as opposed to a priori picking a time horizon.”  There is not yet a schedule for when the next draft report will be released for review by the full SAB.


 

On June 17, 2016, the U.S. Department of Energy (DOE) announced an open teleconference of the State Energy Advisory Board (STEAB) in the Federal Register. STEAB advises DOE and the Office of Energy Efficiency and Renewable Energy (EERE) on the operation of its energy efficiency programs, renewable energy programs, and grant programs for research and deployment in energy efficiency and renewable energy fields. The tentative agenda includes:

"Receive STEAB Task Force updates on action items and revised objectives for FY 2016, discuss follow-up opportunities and engagement with EERE and other DOE staff as needed to keep Task Force work moving forward, continue engagement with DOE, EERE and EPSA staff regarding energy efficiency and renewable energy projects and initiatives, and receive updates on member activities within their states. Recap June meeting and follow-up on action items from that meeting."

The meeting will occur on July 21, 2016, from 3:30 p.m. to 4:30 p.m. (EDT). To receive call-in information or to submit a request to make oral comments, contact Michael Li, Policy Advisor, EERE, at 202-287-5718 or .(JavaScript must be enabled to view this email address) by July 16, 2016.


 

On June 20, 2014, the National Biodiesel Board (NBB) filed a petition with the U.S. Court of Appeals for the District of Columbia Circuit requesting that the court rehear whether Monroe Energy (Monroe), a refining subsidiary of Delta Airlines, had standing to challenge EPA's final rule setting the 2013 Renewable Fuel Standard (RFS). BRAG reported on the court's recent denial of Monroe's challenge to that final rule. A copy of that report is available online.


As BRAG reported, the court held that EPA properly utilized its authority under the federal RFS to set the 2013 RFS volume requirements. The court disagreed with Monroe that EPA did not sufficiently consider factors in setting the final 2013 RFS rule, including the means of compliance for obligated parties. NBB wants the court to find that Monroe did not have standing to bring the challenge to the 2013 final RFS rule because the Company failed to show that a change to the rule would have changed the way that third parties acted with respect to their Renewable Identification Numbers. Reportedly, NBB would like the court to narrow the scope of groups that may bring challenges to the annual RFS rules set by EPA as part of the trade association's efforts to protect the RFS law.
 


 

On September 18, 2013, the 9th Circuit Court of Appeals reversed a December 2011 district court ruling and held that California's Low Carbon Fuel Standard (LCFS) does not violate the Dormant Commerce Clause of the U.S. Constitution on its face. The district court had sided with groups from the oil and gas, ethanol, and trucking industries and found that the LCFS violated the Dormant Commerce Clause because the statute gave higher carbon intensity values to out-of-state, Midwest, ethanol, putting that fuel at a disadvantage in California. At the time of the 2011 decision, the district court had also issued a preliminary injunction preventing the California Air Resources Board (CARB) from enforcing the LCFS.


In its decision this week, the appeals court held that the LCFS does not violate the Dormant Commerce Clause on its face, and it remanded to the district court whether the statute violates the clause "in purpose or in practical effect." The appeals court also vacated the preliminary injunction.


It has been reported that the ethanol industry is looking at their legal options in light of the appeals court decision.
 


 

This week, the National Advanced Biofuels Conference and Expo was held in Omaha, Nebraska. During the three-day conference, industry leaders presented on and discussed major issues facing the industry, from legal considerations to advancing the aviation biofuels industry, supply, and feedstock successes and challenges. During the conference, Michael McAdams, President of the Advanced Biofuels Association, and Joe Jobe, CEO of the National Biodiesel Board, discussed some of their current federal policy priorities and work. Both spoke about the importance of the federal RFS to the industry and stressed the need for industry to unite at this time when it is increasingly under attack.


McAdams addressed the work this year of the House Energy and Commerce Committee to examine and reform the RFS. He mentioned that Committee's two-day hearing this summer on the subject during which he testified on the importance of the policy. He stated his expectation that legislation to reform the RFS could be drafted and considered by the House of Representatives by mid-October. He urged everyone to contact their Members of Congress on behalf of the RFS, if their trade associations asked them to do so.


Jobe made similarly supportive statements of the RFS and the need for the industry to unite. In addition, he stated the importance to the biodiesel industry of not only the RFS, but of maintaining the biodiesel tax credit. He attributed both policies to the industry's recent substantial growth, and cited them as important to achieving the industry's new goal of making up 10 billion gallons of the fuel supply by 2022.


Also during the conference, on behalf of Agriculture Secretary Tom Vilsack, Rural Development Acting Under Secretary Doug O'Brien announced that the U.S. Department of Agriculture (USDA) is making payments to support the production of advanced biofuel. USDA is making nearly $15.5 million in payments to 188 producers through the Advanced Biofuel Payment Program. USDA remains focused on carrying out its mission, despite a time of significant budget uncertainty. This announcement is one part of the Department's efforts to strengthen the rural economy. The funding is being provided through USDA's Advanced Biofuel Payment Program, which was established in the 2008 Farm Bill. Under this program, payments are made to eligible producers based on the amount of advanced biofuels produced from renewable biomass, other than corn kernel starch. Examples of eligible feedstocks include but are not limited to: crop residue; animal, food, and yard waste; vegetable oil; and animal fat. Through the Advanced Biofuel Payment Program and other USDA programs, USDA is working to support the research, investment, and infrastructure necessary to build a strong biofuels industry that creates jobs and broadens the range of feedstocks used to produce renewable fuel. More than 290 producers in 47 states and territories have received $211 million in payments since the program's inception. It has supported the production of more than three billion gallons of advanced biofuel and the equivalent of more than 36 billion kilowatt hours of electric energy.
 


 

Secretary of Energy Ernest Moniz has announced the selection of 19 individuals to serve on the Secretary of Energy Advisory Board (SEAB). The press release on the announcement is available online.


The SEAB will meet at least four times a year and will be broken into four subcommittees to focus on science, energy, nuclear security, and environmental stewardship. The group may also serve to provide advice to Secretary Moniz on an ad hoc basis to address specific issues. The 19 members of the SEAB are:

 

  • Frances Beinecke: President, Natural Resources Defense Council
  • Rafael Bras: Provost and Executive Vice President for Academic Affairs, Georgia Institute of Technology
  • Albert Carnesale: Chancellor Emeritus and Professor, University of California, Los Angeles
  • John Deutch (CO-CHAIR): MIT Chemist and Former Under Secretary of Energy
  • Persis Drell (CO-CHAIR): Professor of Physics, Stanford University and Former Director, SLAC National Accelerator Laboratory
  • Shirley Ann Jackson: President, Rensselaer Polytechnic Institute
  • Deborah Jin: Physicist, National Institute of Standards and Technology and Professor Adjoint for Physics at the University of Colorado, Boulder
  • Paul Joskow: President, Alfred P. Sloan Foundation and MIT Professor of Economics, Emeritus
  • Steve Koonin: Director, Center for Urban Science and Progress, New York University and Former Under Secretary for Science
  • Michael McQuade: Senior Vice President for Science and Technology, United Technologies Corporation
  • Richard Meserve: President, Carnegie Institution for Science and Former Chairman of the US Nuclear Regulatory Commission
  • Cherry Murray: Dean, Harvard University School of Engineering and Applied Sciences
  • John Podesta: Chair, Center for American Progress and Former White House Chief of Staff
  • Dan Reicher: Executive Director, Steyer-Taylor Center for Energy Policy and Finance, Professor, Stanford University and Former Assistant Secretary for Energy
  • Carmichael Roberts: General Partner, North Bridge Venture Partners
  • Martha Schlicher: Renewables and Sustainability Technology Lead, Monsanto Company
  • Brent Scowcroft: Retired U.S. Lieutenant General, Former National Security Advisor and President and Founder, Scowcroft Group
  • Ram Shenoy: Chief Technology Officer, ConocoPhillips
  • Daniel Yergin: Vice Chairman, IHS and Founder of IHS Cambridge Energy Research Associates