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.

On December 4, 2013, EPA published a final rule requiring the electronic submission of certain documents under the Toxic Substances Control Act (TSCA). EPA is promulgating amendments to reporting requirements under TSCA Section 4 (including test rules and Enforceable Consent Agreements (ECA)), TSCA Section 5, TSCA Section 8(a) Preliminary Analysis Information Rule (PAIR) at 40 C.F.R. Part 712, and TSCA Section 8(d) Health and Safety Data Reporting Rules at 40 C.F.R. Part 716. A copy of the rule, including a more detailed description of the new reporting requirements, is available online. The rule will become effective on March 4, 2014.


 

On November 20, 2013, the United States Environmental Protection Agency (EPA) announced its intent to release for comment proposed Draft Guidelines for Product Environmental Performance Standards and Ecolabels for Voluntary Use in Federal Procurement (Draft Guidelines). EPA states the Draft Guidelines -- developed by EPA, the General Services Administration (GSA), and other federal agencies following several "listening sessions" with a wide range of stakeholders -- are intended to help federal purchasers identify and select greener products and meet sustainability purchasing goals. Under several federal purchasing mandates, including but not limited to Executive Order 13514 (Federal Leadership in Environmental, Energy and Economic Performance) and the Federal Acquisition Regulation (FAR) 23.103, federal agencies must ensure that 95 percent of their acquisitions and contracts are sustainable, such as by buying environmentally preferable products.

The Draft Guidelines and a pre-publication version of the Federal Register notice announcing the availability of the Draft Guidelines are available online. A 90-day comment period will be set once the Federal Register is published, which is expected in early December 2013.
 

Our full memorandum, with background and analysis, is available on the BRAG website.


 

This week, Ford Motor Company and The Coca-Cola Company announced their efforts to use PlantBottle Technology™ from The Coca-Cola Company for the first time beyond PET packaging as part of the interior fabric of a Ford Fusion Energi plug-in hybrid research vehicle. The fabric used for seat cushions and other parts of the car is made from PlantBottle Technology and consists of up to 30 percent plant-based materials. Ford's press release on the development states that it demonstrates "the broad potential of two global consumer icons to leverage renewable materials to help replace petroleum and other fossil fuels used for traditional PET fabric." A copy of the press release is available online.


 

As stakeholders eagerly await the impending official release of the U.S. Environmental Protection Agency's (EPA) proposed 2014 Renewable Fuel Standard (RFS) rule, strong advocacy from all sides continues on the issue in Washington. The Office of Management and Budget (OMB) has been reviewing the proposed rule since August 30, 2013. Recently, a draft of it was leaked (the leaked draft proposal). In the leaked draft proposal, for the first time, EPA would lower the RFS target volumes not only for cellulosic biofuels, but for conventional ethanol and advanced biofuels as well.


On October 23, 2014, biofuels advocates, including representatives from the Biotechnology Industry Organization (BIO), Advanced Ethanol Council (AEC), DuPont, Novozymes, and Abengoa, met with officials from OMB and the White House. Reportedly, they urged the Administration to reconsider the leaked draft proposal. They argued that the oil and gas industry's concerns about the blendwall -- the point at which no additional E10 may be blended into the fuel supply -- are unfounded and result not from the inability to blend greater amounts of ethanol into the fuel supply, but instead from the industry's refusal to do so. On October 29, 2013, BIO and AEC sent a letter signed by over 30 biofuels companies to President Obama again urging the Administration to reconsider the leaked draft proposal and stressing the importance of consistent RFS implementation to promoting investment in biofuels, including next generation biofuels.


This week, AAA and Sportsmen have come out in support of the oil and gas industry's position that EPA should lower the RFS volume requirements for ethanol to no more than 9.7 percent of the U.S. fuel supply. AAA echoes the industry's argument that such reduction is needed due to the E10 blend wall and concern that E15 could damage car engines. The Congressional Sportsmen's Foundation held a briefing this week during which it suggested that the ethanol volume requirements under the RFS have caused hunting and fishing areas to be converted to cropland, and have degraded water quality in the Mississippi River watershed, among other changes.
 


 

On October 7, 2013, A*STAR's Institute of Chemical and Engineering Sciences (ICES) inked a Memorandum of Understanding with the Korea Institute of Industrial Technology (KITECH) to promote joint research and collaboration in the field of sustainable chemicals -- specifically in biomass-to-chemicals research. A copy of A*STAR's press release on the announcement is available online.


 

On October 1, 2013, U.S.-based INVISTA and UK-based industrial biotechnology company Ingenza Ltd. announced they are partnering on the development of new technologies to enable bio-derived processes for the production of industrial chemicals. A copy of INVISTA's press release is available online.


 

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
     

 

Renewable chemicals are emerging at a fast pace, paving the way for new, innovative, and sustainable biobased products. The renewable chemicals’ market is estimated to reach $83.4 billion by 2018 in applications ranging from transportation and agriculture to textiles and cosmetics. In addition to all the elements great companies need to succeed -- a great product, a great brand, inspiring leadership, and vision -- biobased product companies need to understand how the U.S. Environmental Protection Agency (EPA) occupies a virtual seat at their management table, whether or not they know it.  

An article by BRAG in the August 2013 issue of Industrial Biotechnology, available online, lays out the regulatory challenges the Toxic Substances Control Act (TSCA) presents to biobased and renewable chemical products and the rationale behind the formation of BRAG.  Through strategic insight into regulatory and legislative issues, collective advocacy on Capitol Hill and before EPA, education and training opportunities, and hands-on guidance from a deep bench of TSCA legal and scientific policy experts, BRAG is removing obstacles to commercialization for its members.


 
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