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 and Carla N. Hutton
 
The U.S. Department of Energy (DOE) Bioenergy Technologies Office (BETO) will hold a webinar on December 13, 2022, on the “SAF Grand Challenge Roadmap: Soaring Towards Sustainable Fuel Production Goals.” Attendees will learn about the six action areas that support the Grand Challenge’s goals of:

  • Reducing life cycle greenhouse gas emissions (GHG) by 50 percent compared to conventional fuel;
  • Producing enough sustainable aviation fuels (SAF) to meet 100 percent of aviation fuel demand by 2050; and
  • Enhancing fuel sustainability.

The webinar will feature the director of BETO and speakers from DOE and the National Renewable Energy Laboratory, who will discuss engaging with industry to achieve these goals. Speakers will include:

  • Valerie Reed: Director, BETO;
  • Zia Haq: Senior Analyst, BETO;
  • Craig Brown: Bioenergy Systems Technical Integration Lead, National Renewable Energy Laboratory; and
  • Mark Shmorhun: Technology Manager, Systems, Development, and Integration, BETO.

Registration is now open.


 

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.


 

Bergeson & Campbell, P.C.’s (B&C®) May 18, 2022, webinar “Domestic Chemical Regulation and Achieving Circularity” is now available for on-demand viewing. During this one-hour webinar, Lynn L. Bergeson, Managing Partner, B&C, moderated a timely and fascinating review of the state of sustainable chemical regulation in the United States with Kate Sellers, Technical Fellow, ERM; Mathy Stanislaus, Vice Provost, Executive Director, The Environmental Collaboratory, Drexel University; and Richard E. Engler, Ph.D., Director of Chemistry, B&C.
 
A circular economy requires new thinking about what products we make, from which materials we make them, and where products go at the end of their useful lives. An important but often overlooked aspect of new product development is an understanding of the consequences of the product’s chemical composition and the end-of-life implications of the decisions made at the front end of the process. During the webinar, Ms. Sellers outlined barriers and enablers to the circular economy, including practical challenges like supply chain limitations and industry frameworks; Dr. Engler highlighted how the Toxic Substances Control Act (TSCA) regulates discarded substances used as feedstocks by others and articles that may contain contaminants that could affect how an article is classified by the U.S. Environmental Protection Agency (EPA) under TSCA; and Mr. Stanislaus reviewed policy issues, including waste management hierarchy, circular economy hierarchy, and other mechanisms that incentivize sustainability.
 
We encourage you to view the webinar, listen to the All Things Chemical® episodes “Trends in Product Sustainability and Circularity — A Conversation with Kate Sellers” and “How Can Battery Production Be Greener? — A Conversation with Mathy Stanislaus,” read ERM’s report Circularity: From Theory to Practice, and subscribe to B&C’s informative blogs and newsletters.


 

By Lynn L. Bergeson

The Office of Science and Technology Policy (OSTP) published on April 4, 2022, a request for information (RFI) from interested parties on federal programs and activities in support of sustainable chemistry. 87 Fed. Reg. 19539. OSTP notes that “[t]he term “sustainable chemistry” does not have a consensus definition and most uses of the term indicate that it is synonymous with “green chemistry.”” OSTP requests information on the preferred definition for sustainable chemistry. OSTP also seeks comments on how the definition of sustainable chemistry could impact the role of technology, federal policies that may aid or hinder sustainable chemistry initiatives, future research to advance sustainable chemistry, financial and economic considerations, and federal agency efforts. OSTP states that it will use comments provided in response to the RFI to address Subtitle E of Title II of the National Defense Authorization Act (NDAA) (Subtitle E), which includes the text of the bipartisan Sustainable Chemistry Research and Development Act of 2019. Subtitle E directs OSTP “to identify research questions and priorities to promote transformational progress in improving the sustainability of the chemical sciences.” Comments are due by 5:00 p.m. (EDT) on June 3, 2022. Additional Information is available in the B&C’s April 6, 2022, memorandum.


 

By Lynn L. Bergeson 

On December 9, 2021, the American Chemical Society (ACS) announced the 2022 Green Chemistry & Engineering Conference’s (GC&E) lineup of symposia accepted to the conference. The symposia focus on the 2022 GC&E overarching theme: “Thinking in Systems: Designing for Sustainable Use.” This theme will explore how green and sustainable chemistry and engineering contribute to the development and commercialization of products for sustainable use. Accepted symposia include a session organized by B&C’s Director of Chemistry, Richard E. Engler, Ph.D., and Ligia Duarte Botelho, Regulatory Associate. B&C’s symposium will explore the “new chemical bias” and how it continues to pose a barrier to market acceptance of novel chemistry and sustainable thinking.

The GC&E call for abstracts opened on January 3, 2022, and abstracts must be submitted by February 14, 2022. B&C’s symposium is open for abstract submissions.

Early registration for the conference will be open from February 15 through April 30, 2022.


 

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A.
 
On December 7, 2021, the Organization for Economic Cooperation and Development (OECD) published a study titled: “A Chemicals Perspective on Designing with Sustainable Plastics: Goals, Considerations and Trade-offs.” The study builds on considerations from a similar OECD report from 2018 by analyzing four sector-specific case studies on insulation, flooring, biscuit wrappers, and detergent bottles. To produce this study, OECD conducted literature reviews, interviews, and workshops with chemists and suppliers, examining the chemicals perspective on the material selection process informing designers and engineering in finding sustainable plastics for their products. OECD concludes the study by identifying limitations and recommending the following next steps:

  • Identify and address knowledge gaps within scientific insights on chemicals;
  • Continue to promote chemical innovation for improved outcomes for products and their operating environment;
  • Integrate sustainability design goals earlier in the design process;
  • Broaden the scope to include other materials families; and
  • Involve more stakeholders.

The full study and a webinar hosted by OECD on December 7, 2021, are available here.


 

By Lynn L. Bergeson
 
On December 8, 2021, President Joseph Biden signed an Executive Order (EO) on Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability. The EO calls for the federal government to achieve a carbon pollution-free electricity sector by 2035 and net-zero emissions economy-wide by no later than 2050. Using a whole-of-government approach, the federal government “will demonstrate how innovation and environmental stewardship can protect our planet, safeguard Federal investments against the effects of climate change, respond to the needs of all of America’s communities, and expand American technologies, industries, and jobs.” The EO directs agencies to “incentivize markets for sustainable products and services by prioritizing products that can be reused, refurbished, or recycled; maximizing environmental benefits and cost savings through use of full lifecycle cost methodologies; purchasing products that contain recycled content, are biobased, or are energy and water efficient, in accordance with relevant statutory requirements; and, to the maximum extent practicable, purchasing sustainable products and services identified or recommended by” the U.S. Environmental Protection Agency (EPA). According to the fact sheet, sustainable products include “products without added perfluoroalkyl or polyfluoroalkyl substances (PFAS).”


 

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

On July 23, 2020, the National Defense Authorization Act (NDAA) was passed by the U.S. Senate; it includes the bipartisan Sustainable Chemistry Research and Development Act of 2019, led by U.S. Senators Chris Coons (D-DE) and co-sponsored by Senators Susan Collins (R-ME), Amy Klobuchar (D-MN), and Shelley Moore Capito (R-WV). Introduced to the Senate in December 2019, the Sustainable Chemistry Research and Development Act of 2019 establishes an interagency working group (IWG) led by the Office of Science and Technology Policy to coordinate federal programs and activities in support of sustainable chemistry. The IWG will develop a roadmap for sustainable chemistry with a framework of attributes characterizing sustainable chemistry, assess the state of sustainable chemistry in the United States, and identify methods by which federal agencies can incentivize sustainable chemistry activities, challenges to sustainable chemistry progress, and opportunities for expanding federal sustainable chemistry efforts. Senator Coons celebrated the victory by stating that this “is an exciting opportunity to maintain our scientific leadership and ensure the sustainability of our chemical enterprise for years to come.”


 

By Lynn L. Bergeson 

ACS has also recently announced a call for symposia topics for its 25th GC&E conference mentioned in the article above. The theme of the conference is “Sustainable Production to Advance the Circular Economy,” which directly links to the United Nations (U.N.) Sustainable Development Goal 12: Responsible Consumption and Production. The proposal submission deadline is October 9, 2020, and notifications of acceptance will be announced by November 20, 2020.


 

By Lynn L. Bergeson

On January 28, 2020, Bergeson & Campbell, P.C. (B&C®) published a memorandum on the regulatory developments of the Sustainable Chemistry R&D Act of 2019 (Act), which was passed by the U.S. House of Representatives late last year. The memorandum not only provides an overview of the proposed legislation, its implementation, and limitations, but also highlights the important milestones that could be achieved if the bill passes. The proposed bill seeks to broaden the support of efforts to move the chemical enterprise toward a sustainable economy and to leverage existing efforts across the federal government to seek effective new technologies that are also more sustainable than incumbent technologies. It will be important for stakeholders to review the proposed bill and consider any opportunities to engage with the working group to be created, as well as the member departments and agencies.


 
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