By Lynn L. Bergeson and Carla N. Hutton
The California Department of Toxic Substances Control (CDTSC) invites stakeholders to two external engagement sessions, on November 1 and November 3, 2022, to share their perspectives on an actionable definition of sustainable chemistry. CDTSC states that stakeholders’ participation and expertise can help refine a draft, consensus definition and set of criteria for sustainable chemistry. According to CDTSC, the draft definition and criteria were developed over the past six months by a 20-person Expert Committee on Sustainable Chemistry (ECOSChem) that includes representatives from industry, academia, and governmental and non-governmental organizations, including a representative from the Safer Consumer Products Program (SCP). The charge of ECOSChem is to establish “an ambitious, actionable definition and criteria for sustainable chemistry that can enable effective government policy, inform business and investor decision making, enhance chemistry education, and spur the adoption across all supply chains of chemicals that are safer and more sustainable.” More information about the project is available in a background document.
The ECOSChem process is facilitated and supported by Beyond Benign and the Lowell Center for Sustainable Production (LCSP), who will host two external engagement meetings. CDTSC asks participants to register in advance for the November 1, 2022, meeting or the November 3, 2022, meeting. During the meetings, the Project Team will introduce the project and the draft definition and criteria (15 minutes). Participants will then move into small groups organized by sector that will be moderated by ECOSChem members (45 minutes), followed by a wrap-up session where key input will be shared with the large group with time for discussion (30 minutes). Discussion materials for these meetings will be sent out on October 31, 2022.
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Bergeson & Campbell, P.C. (B&C®) is a Washington, D.C., law firm providing biobased and renewable chemical product stakeholders unparalleled experience, judgment, and excellence in bringing innovative products to market.
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By Lynn L. Bergeson and Ligia Duarte Botelho, M.A.
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A.
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. 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. 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. 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. On February 13, 2018, Neste, a member of BRAG, announced that the Western Contra Costa Transit Authority (WestCAT) will operate exclusively on Neste MY Renewable DieselTM. WestCAT is a California public transportation service that serves the cities of Pinole and Hercules, as well as communities along the eastern edge of San Francisco Bay. The entire fleet of 45 heavy duty buses, which operates 14 fixed routes and carries over 1.3 million passengers annually, will switch from petroleum diesel to renewable diesel. In addition to a reduction in emissions from the fleet, WestCAT observed cleaner operation of their bus engines and a significant reduction in the maintenance needed for the emissions equipment and internal engine components due to the use of Neste MY Renewable Diesel. On November 22, 2017, Neste, a member of BRAG, announced exclusive partnerships with four California fuel distributors that will provide public and private fleets access to a consistent and high-quality supply of Neste MY Renewable Diesel. Through the partnerships with IPC (USA), Inc., Ramos Oil Company, Van De Pol Petroleum, and Western States Oil, Neste renewable diesel will be available to customers in Southern California, Northeast California, the Central Valley, and the North Coast. According to Jeremy Baines, Vice President of Sales with Neste US, Inc., "these partnerships are vital in securing the delivery of our branded, high-quality renewable diesel to customers such as municipalities and private fleets, who will benefit from its performance and lower emissions." Neste MY Renewable Diesel is a low-carbon drop-in fuel produced from 100 percent renewable raw materials that meets California’s strict fuel regulations. By Lynn L. Bergeson and Margaret R. Graham On October 15, 2017, California Governor Jerry Brown signed California Senate Bill (S.B.) 258, the Cleaning Product Right to Know Act of 2017, which would require manufacturers of cleaning products to disclose certain chemical ingredients on the product label and on the manufacturer’s website. The final version of S.B. 258 was passed by the California Senate on September 13, 2017, by a vote of 27 to 13. The California Assembly passed the bill by a vote of 55 to 15, with nine votes not recorded, on September 12, 2017. The online disclosure requirements would apply to a designated product sold in California on or after January 1, 2020, and the product label disclosure requirements would apply to a designated product sold in California on or after January 1, 2021. The bill was co-sponsored by several non-governmental organizations as well as a few manufacturers of cleaning products including Honest Company, Seventh Generation, Procter & Gamble, SC Johnson, RB - Reckitt Benckiser, Unilever, Eco Lab WD-40, fragrance maker Givaudan, and the Consumer Specialty Products Association. More information on S.B. 258 is available in our memorandum “California Bill Would Require Disclosure of Cleaning Product Ingredients.” The State of New York’s Department of Environmental Conservation’s (DEC) Division of Materials Management will soon release formally a similar initiative, the Household Cleaning Product Information Disclosure Program. This program will require manufacturers of domestic and commercial cleaning products distributed, sold, or offered for sale in New York State to furnish information regarding such products in a certification form prescribed by the Commissioner, and is expected to require disclosure of many more chemicals than S.B. 258. The period for comments on the draft certification form and guidance document related to the program ended on July 14, 2017. Bergeson & Campbell, P.C. (B&C®) will soon be releasing a detailed memorandum on both developments to be available on our regulatory developments webpage. |
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