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.

By Lynn L. Bergeson
 
On May 5, 2021, the U.S. Environmental Protection Agency (EPA) published a notice of disclosure to all obligated parties under the Renewable Fuel Standard (RFS) program that have submitted small refinery exemption (SRE) petitions and to all parties whose RFS information otherwise resides in EPA’s Moderated Transaction System (EMTS).  EPA’s action is in response to a U.S. Government of Accountability Office (GAO) request to disclose such information that has been submitted to EPA that claims to be, or is determined to be, confidential business information (CBI).  The information to be disclosed includes documents and data related to SRE petitions received by EPA since the beginning of the RFS program through the present. Such records include:

  • All materials submitted by small refineries as part of its SRE petition;
  • Any documentation sent by the U.S. Department of Energy (DOE) to EPA summarizing DOE’s findings and score(s) associated with the petition(s) and any EPA responses to such petitions;
  • Any EPA record that addresses the subject of the exemption petition(s), including EPA analysis done in addition to DOE’s findings;
  • EPA’s final exemption decision sent to the refinery; and
  • RFS related transaction-level data contained in EMTS, including Renewable Identification Number (RIN) transactions under RFS.

These records and information will be shared with GAO no later than 16 days after the publication of the notice.  All CBI-claimed documents will be destroyed, deleted, or returned to EPA at the conclusion of GAO's review.

Tags: RFS, SRE, CBI, Biofuel, DOE

 

By Lynn L. Bergeson
 
On April 28, 2021, University of York researchers announced the discovery of a new enzyme derived from a fungus called Parascedosporium putredinis NO1, that can act as a catalyst for a biochemical reaction that breaks down forestry and agricultural waste.  The research was done in collaboration with DOE’s Great Lakes Bioenergy Research Center and the University of Wisconsin.  This development, according to the University of York, could play a key part in upscaling renewable fuels and chemicals.  Professor Neil Bruce explained that this discovery is a breakthrough because, currently, there are no industrial biocatalytic processes for breaking down lignin, which is present in lignocellulose.  This enzyme, however, can break through the lignin to begin the degradation process needed to produce biofuels.  Professor Bruce elaborated that the “treatments with this enzyme can increase the digestibility of lignocellulosic biomass, offering the possibility of producing a valuable product from lignin while decreasing processing costs.”


 

By Lynn L. Bergeson

On April 29, 2021, the U.S. Department of Energy (DOE), in partnership with nine National Laboratories, issued a report titled “Hybrid Energy Systems: Opportunities for Coordinated Research.” The report outlines opportunities for innovation through joint research and development (R&D) on hybrid energy systems.  According to DOE, these opportunities can drive the production of valuable chemicals, fuels, and products that are cost-efficient, increase grid flexibility, and decarbonize the U.S. economy.  The report comes at a crucial point in time as DOE focuses on meeting the Biden Administration’s goal of achieving 100 percent clean energy by 2050.  DOE Hybrids Task Force members and representatives from various DOE offices will use the report as an optimization tool to design more cost-efficient and grid-friendly hybridization technologies.


 

By Lynn L. Bergeson

On April 28, 2021, DOE issued a $22.5 million request for proposals (RFP) for projects that support recovery, recycling, and reuse of material waste generated by the manufacturing sector.  DOE EERE stated that “[p]rojects funded through this solicitation will develop technologies that reduce embodied energy and carbon emissions associated with the production and consumption of metals, polymers, fibers, and electronic waste, as well as identify training activities that will expand the American manufacturing workforce.”  The projects will be managed by DOE’s Reducing Embodied-Energy and Decreasing Emissions (REMADE) Institute, which is funded by DOE EERE’s Advanced Manufacturing Office.


 

By  Lynn L. Bergeson and Ligia Duarte Botelho, M.A.

On April 27, 2021, DOE’s Federal Energy Management Program (FEMP) issued a Federal Agency Call (FAC) titled “Assisting Federal Facilities with Energy Conservation Technologies (AFFECT 2021),” soliciting $13 million for new energy projects that will help federal facilities to improve the efficiency of their operations and reduce their carbon footprints.  These efforts come with the hope that DOE will contribute to the Biden Administration’s goal of a 100 percent clean-energy economy and net-zero emissions by 2050.  DOE’s FEMP actions will, according to DOE Office of Energy Efficiency and Renewable Energy’s (EERE) Acting Assistant Secretary, Kelly Speakes-Backman, “… both decarbonize and strengthen the critical energy and water infrastructure at … federal facilities, ensuring continuous operations in times of crisis.”
 
AFFECT 2021 will fund efficient, clean-energy projects that address directly climate change mitigation and adaptation through privately financed performance contracts, including:

  • Energy savings performance contracts (ESPC);
  • ESPC ENABLE – An initiative designed to permit a standardized and streamlined procurement process for small federal energy conservation measures (ECM) projects in six months or less; and
  • Utility energy services contracts (UESC).

The goal is for these performance contracts to leverage the $13 million in AFFECT grants into approximately $260 million or more in project investments.
 
Applications are being accepted for the AFFECT 2021 FAC until July 16, 2021, at 5:00 p.m. (EDT).  Registration is required prior to submission through EERE Exchange. Additional information is available here.


 

By  Lynn L. Bergeson and Ligia Duarte Botelho, M.A.

On March 31, 2021, the U.S. Department of Energy (DOE) Office of Energy Efficiency & Renewable Energy (EERE) announced a new request for proposals (RFP) and $4 million in selections for projects aimed at accelerating the adoption of Smart Manufacturing practices. In support of the Biden Administration’s efforts to encourage innovation and reduce the carbon footprint of the manufacturing sector, the new $2 million RFP will expand DOE’s Clean Energy Smart Manufacturing Innovation Institute’s (CESMII) Smart Manufacturing Innovation Centers (SMIC). SMICs consist of a network of individuals and organizations from industry, government, and academia who allow manufacturers of all sizes to benefit from the network’s assets and competencies and to create test beds. CESMII has also selected 14 new research and development (R&D) projects that will apply Smart Manufacturing solutions to real-world manufacturing process and operation challenges to improve performance, quality, and efficiency of energy productivity.


 

By  Lynn L. Bergeson and Ligia Duarte Botelho, M.A.

DOE EERE announced on March 22, 2021, awards totaling $27.5 million for 16 water infrastructure and treatment projects. Spanning 13 states, each project will focus on bringing new water and wastewater-treatment technologies from the applied R&D stage into the market. According to DOE, increasing numbers of utilities responsible for clean water have shifted from strict wastewater treatment models to a broader model of water-resource management. This new model involves collecting and treating wastewater to produce water suitable for industry and agriculture along with drinkable water for households and energy recovery. Wastewater treated by these utilities serves as a potential source of thermal, chemical and hydraulic energy. With the right technology, therefore, it is possible to convert wastewater into renewable power, chemicals, fertilizers, and reusable water.

The 16 selected projects aim to provide sustainable water sources and affordable treatment options to industry, municipalities, agriculture, utilities, and the oil and gas sector by tackling several objectives, including:

  • Developing widely applicable treatment processes to produce renewable power, extract chemicals and fertilizers, and reuse water locally, while simultaneously minimizing energy consumption and waste generation;
  • Evaluating flexible grid service for opportunities to generate biopower from wastewater;
  • Deploying artificial intelligence, machine learning, and predictive process controls to improve resilience and efficiency;
  • Addressing environmental justice and social inequities produced by lack of access to clean water among rural and Native communities; and
  • Improving wastewater-treatment options for agriculture and livestock.

A complete list of the 16 projects is available here.


 

By  Lynn L. Bergeson and Ligia Duarte Botelho, M.A.

On March 10, 2021, DOE EERE issued notices of intent (NOIs) for three sustainable transportation technologies funding opportunity announcements (FOAs). Expected in Spring 2021, these FOAs will focus on innovative research, development, demonstration, and deployment (RDD&D) of technologies that will reduce greenhouse gas (GHG) emissions across the transportation sector. Of particular interest is DOE EERE’s NOI for an FOA in Bioenergy Technologies Office Scale-Up and Conversion, which would be led by DOE’s Bioenergy Technologies Office (BETO). BETO focuses on the development of technologies that convert domestic biomass and other waste resources into low-carbon biofuels and bioproducts that can enable a transition into a clean energy economy. These bioenergy technologies can also create high-quality jobs, support rural communities, and spur renewable energy and chemical production innovation. According to DOE, this particular NOI on the bioeconomy anticipates supporting high-technology RDD&D to improve scientific and engineering knowledge required to produce low-carbon biofuels at lower costs. DOE states that it will allow for partnerships with industry to demonstrate these technologies are relevant at industrial scales.


 

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A.

On February 22, 2021, the U.S. Department of Energy’s (DOE) National Renewable Energy Laboratory (NREL) announced its comprehensive strategy to decarbonize transportation by 30-85 percent by 2050. A strategy based on research and engineering, it aims to enable industry stakeholders, government bodies, communities, and early adopters to meet their climate goals. In a nutshell, the strategy takes a whole-system approach to pair the best technology with the right application. Chris Gearhart, NREL’s Center for Integrated Mobility Sciences Director, stated that NREL envisions “a mobility system fueled with clean, renewable energy, delivered directly by vehicle electrification, or indirectly by low-carbon, energy dense fuels and renewable hydrogen for those sectors, like marine and aviation, that are harder to electrify.” Johney Green, Associate Laboratory Director for NREL’s Mechanical and Thermal Engineering Sciences, expanded: “The spectrum of technological, social, and environmental shifts happening today requires a novel research agenda.” Keeping long-term trends in mind, NREL’s vision entails a multi-pronged strategy that provides scientific building blocks for advancing research and development (R&D) priorities such as:

  • Accelerating vehicle technology innovations;
     
  • Increasing transport efficiency;
     
  • Maximizing the use of renewable electrons through time; and
     
  • Integrating transportation with building, the grid, and renewables to realize system-wide benefits.
     

 

By   Lynn L. Bergeson and Ligia Duarte Botelho, M.A.

On January 19, 2021, the U.S. Department of Energy (DOE) released its Plastics Innovation Challenge Draft Roadmap (Draft Roadmap) alongside a Request for Information (RFI) seeking stakeholder input on the draft document. The Plastics Innovation Challenge is a DOE program focused on accelerating innovations in energy-efficient plastic recycling technologies. The aim of the Plastics Innovation Challenge is to make domestic processing of plastic waste energy efficient and economically viable, develop new and improved plastic materials lacking the same end-of-life concerns as incumbent materials, and to reduce plastic waste accumulation. Based on these aims, the Plastics Innovation Challenge has outlined four strategic goals within its scope:

  • Deconstruction: Develop biological and chemical methods for deconstructing plastic wastes into useful chemicals;
     
  • Upcycling: Develop technologies to upcycle waste chemical streams into higher value products;
     
  • Recycle by Design: Design new, renewable plastics and bioplastics that are easily upcycled and can be manufactured domestically at scale; and
     
  • Scale and Deployment: Support an energy and material-efficient domestic plastics supply chain.

The Draft Roadmap, therefore, identifies key research needs and opportunities for DOE-sponsored research and development (R&D). It also identifies challenges and opportunities across thermal, chemical, biological, and physical recycling and upcycling methods, as well as material design strategies for recyclability. According to DOE, the Draft Roadmap additionally:

  • Provides an overview of the plastic waste problem;
     
  • Identifies the initiative’s 2030 vision, mission, strategic goals, and objectives;
     
  • Details challenges and opportunities identified by previous DOE activities;
     
  • Lays out key research directions;
     
  • Delivers an outline of current DOE activities, capabilities and coordination; and
     
  • Describes targets for each research area.

The Draft Roadmap aims to guide DOE efforts to meet the Plastics Innovation Challenge goals. The purpose of DOE’s RFI on the Draft Roadmap, therefore, is to solicit feedback from stakeholders to ensure the road toward the Plastics Innovation Challenge 2030 goals is clear and well positioned. Responses to the RFI are due to DOE by March 1, 2021.


 
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