By Lynn L. Bergeson and Carla N. Hutton
 
On March 8, 2023, the U.S. Environmental Protection Agency (EPA) announced the availability of $16 million for two new grant opportunities to support states and Tribes in providing technical assistance to businesses seeking to develop and adopt pollution prevention (P2) practices that advance environmental justice in underserved communities. The Request for Applications for P2 investments include the Pollution Prevention Grant: Environmental Justice Through Safer and More Sustainable Products. The goal of this grant is to address environmental justice by providing P2 technical assistance to businesses (e.g., information, training, expert advice) to improve human health and the environment in disadvantaged communities by increasing the supply, demand, and use of safer and more sustainable products, such as those that are certified by EPA’s Safer Choice Program, or those that conform to EPA’s Recommendations for Specifications, Standards and Ecolabels for Federal Purchasing (EPA Recommendations).
 
To allow a greater number of disadvantaged communities to benefit from the results and lessons learned from projects funded by these grants, EPA states that it is requiring recipients to develop P2 case studies on approaches to make safer and sustainable products more available in disadvantaged communities where the approaches are new, not widely known or adopted, or where the recipient believes detailed information on the project could support more widespread project replication. Recipients must develop at least one case study during the grant period. According to EPA, it will use these case studies to build and share a body of knowledge about P2 approaches to make safer and sustainable products more available in disadvantaged communities that could be implemented by other enterprises.
 
Eligible entities include the 50 states, the District of Columbia, the U.S. Virgin Islands, the Commonwealth of Puerto Rico, any territory or possession of the United States, any agency or instrumentality of a state or Tribe, including colleges and universities, and federally recognized Tribes and intertribal consortia. EPA “strongly” encourages applicants to develop partnerships where they can strengthen their ability to provide P2 technical assistance to businesses in disadvantaged communities.
 
EPA will hold informational webinars on March 21, March 23, March 28, and March 30, 2023. Although EPA’s press release states that applications for the grant are due June 6, 2023, the information on grants.gov states that the closing date for applications is June 20, 2023.

By Lynn L. Bergeson and Carla N. Hutton
 
On March 8, 2023, the U.S. Department of Agriculture (USDA) announced the kickoff of the inaugural National Biobased Products Day and highlighted the accomplishments of people and organizations working to improve sustainability within the federal government. USDA notes that its ongoing work includes the National Institute of Food and Agriculture’s (NIFA) Agriculture and Food Research Initiative programs, which fund research that advances climate-smart agriculture and forestry and strengthens the bioeconomy. USDA states that in line with President Biden’s September 12, 2022, Executive Order (EO) on Advancing Biotechnology and Biomanufacturing Innovation for a Sustainable, Safe, and Secure American Bioeconomy, “these programs develop sources of clean energy and power, biomass systems and high-value biobased products from agricultural feedstocks to foster economic development.” The Bipartisan Infrastructure Law funded innovative new USDA programs such as NIFA’s $9.5 million Bioproduct Pilot Program, which supports research into the benefits of using materials derived from agricultural commodities to manufacture construction and consumer products. USDA notes that the projects have special emphasis on benefits to underserved communities.
 
USDA states that National Biobased Products Day is an annual celebration on March 8 to raise awareness of the benefits of biobased products. The day recognizes the Biden Administration’s commitment to use the vast array of federal resources to combat climate change and help rural communities address its impacts. The day also aligns with President Biden’s Federal Sustainability Plan and EO Number 14057, which focuses on making the federal government carbon-neutral by 2050 and reducing planet-warming greenhouse gas emissions by 65 percent by 2030.
 
A key component of these federal sustainability efforts is USDA’s BioPreferred^® Program, the federal government’s “official advocate and market accelerator for biobased products.” USDA congratulates the four winners of the BioPreferred^® Program’s “Excellence in Procurement Award” for 2022 for reducing their respective agencies’ environmental impact by using biobased products and championing farmers in rural America:

• The U.S. Department of Energy’s (DOE) Y-12 National Security Complex in Oak Ridge, Tennessee;
• Christina Graves with USDA’s Forest Service;
• Brian McCabe with the National Park Service (NPS); and
• Brooke Siegel with the Federal Bureau of Investigation (FBI).

According to USDA, all of these efforts support President Biden’s EO to advance U.S. biotechnology and biomanufacturing. USDA states that it is supporting this effort by providing tools, resources, and scientific research to ensure American farmers and producers remain globally competitive.

By Lynn L. Bergeson and Carla N. Hutton
 
The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) will host its 2023 Project Peer Review April 3-7, 2023. Projects in BETO’s research and development (R&D) portfolio will be presented to the public and systematically reviewed by external subject-matter experts from industry, academia, and federal agencies. Simultaneous review sessions of projects across the BETO technology areas will occur. The event will take place in person at the Grand Hyatt Denver in Denver, Colorado. The agenda is available online.

By Lynn L. Bergeson and Carla N. Hutton
 
In February 2023, the Office of Information and Regulatory Affairs (OIRA), within the Office of Management and Budget (OMB), published a summary of learnings and potential recommendations on broadening public engagement in the federal regulatory process. The learnings and recommendations were developed from written submissions and a public engagement session in November 2022 with hundreds of participants. OIRA invites feedback on the recommendations as it continues to consider them, with these questions as a starting point:

• Which of the recommendations would most effectively broaden public engagement in the federal regulatory process, especially from members of underserved communities and those who do not typically participate in the regulatory process? Are there recommendations that are not helpful?
   
• Are there obstacles or barriers to greater public participation, especially for underserved communities, that are not addressed by these recommendations? If so, are there other recommendations that we should consider?
   
• Are there existing materials, such as guides or tools, that would be especially effective in revising and potentially implementing these recommendations? What new tools or guidance are needed?
   
• How can intermediaries -- such as trade associations or coalitions -- be helpful in reaching individuals and small organizations or businesses, where have they been successful in doing so, and where might they be insufficient?

Interested members of the public can submit their feedback to .(JavaScript must be enabled to view this email address) as written feedback or recorded audio and video submissions. OIRA will be actively reviewing any submissions received through 5:00 p.m. (EST) March 10, 2023. OIRA states that it is also planning an additional virtual listening session during which members of the public can provide their views on these recommendations, to be held 3:00 p.m. - 4:30 p.m. (EST) on Tuesday, March 7, 2023.

By Lynn L. Bergeson and Carla N. Hutton
 
The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) will host a listening session at the 2023 Advanced Bioeconomy Leadership Conference (ABLC) to obtain stakeholder feedback on the next Billion-Ton Report. BETO seeks suggestions for making this product even more useful, as well as feedback on the 2016 Billion-Ton Report and related products. The anticipated 2023 Billion-Ton Report will build on previous national assessments that have calculated the potential supply of biomass in the United States. Speakers for the session will include:

• Matt Langholtz, Oak Ridge National Laboratory Bioenergy Resource and Engineering Systems Team Lead;
• Nichole Fitzgerald, BETO Program Manager;
• Mark Elless, BETO Technology Manager; and
• Melissa Ladd, BETO Senior Facilitator.

The session will be held on Thursday, March 23, 2023, at 3:45 p.m. (EDT), at the Mayflower Hotel located in Washington, D.C. Registration for ABLC 2023 is open.

By Lynn L. Bergeson and Carla N. Hutton
 
On February 16, 2023, Representative Randy Feenstra (R-IA) introduced a legislative package that includes bills regarding researching the potential of biofuels to power jet engines and developing a commercially viable fuel cell system for cars and trucks powered exclusively by biofuels. The package includes:

• The Comparison of Sustainable Transportation (COST) Act would direct the Comptroller General of the U.S. Government Accountability Office (GAO) and the U.S. Secretary of Energy to compare the financial and environmental costs between replacing the entire federal gasoline-powered fleet with either electric vehicles or E-85 capable flex-fuel cars and trucks;
   
• The Biojet Fuel Research Act would direct the Federal Aviation Administration (FAA) to establish a working group focused on identifying research and development needs to produce biojet fuel. The working group would consist of the Bioenergy Technologies Office of the U.S. Department of Energy (DOE), the U.S. Department of Agriculture (USDA), biorefinery stakeholders, agriculture research universities, and others; and
   
• The Biofuel Cell Research Act would direct the DOE Secretary to establish a research, development, and demonstration program for a commercially viable fuel cell system that uses biofuels as the main fuel source.

Feenstra introduced similar legislation in the 117th Congress.
 

By Lynn L. Bergeson and Carla N. Hutton

The Federal Trade Commission (FTC) will host a workshop on May 23, 2023, to examine “recyclable” adverting claims as part of its review of the Guides for the Use of Environmental Marketing Claims (Green Guides). The workshop, “Talking Trash at the FTC: Recyclable Claims and the Green Guides,” is free and open to the public, and pre-registration is not required.
 
According to the pre-publication version of the Federal Register notice announcing the meeting, the workshop will cover topics including the current state of recycling practices and recycling-related advertising in the United States, consumer perception of current and emerging recycling-related claims, and the need for any updates or other changes to the Green Guides related to recycling claims. FTC states that the workshop likely will include panels on these subjects, and it will publish a more detailed agenda in the coming months.
 
The workshop will be held at the Constitution Center in Washington, D.C., from 8:30 a.m. (EDT) to 12:30 p.m. (EDT), May 23, 2023. It also will be available for viewing live on the Internet. Written comments related to the issues to be discussed at the workshop must be received by June 13, 2023.
 
More information on FTC’s review of the Green Guides is available in our December 16, 2022, memorandum.

By Lynn L. Bergeson and Carla N. Hutton
 
The Senate Committee on Environment and Public Works held a hearing on February 15, 2023, on “The Future of Low Carbon Transportation Fuels and Considerations for a National Clean Fuels Program.” The Committee heard from the following witnesses:

• Michael J. Graff, Chair and Chief Executive Officer (CEO), American Air Liquide Holdings Incorporated;
• Geoff Cooper, President and CEO, Renewable Fuels Association; and
• Chris Spear, President and CEO, American Trucking Association.

In his opening statement, Senator Tom Carper (D-DE) noted that when exploring ways to improve federal policies, he often looks to see what works well at the state level. According to Carper, “states have learned from the federal government’s mistakes when it comes to programs like the Renewable Fuel Standard” (RFS). States such as California and Oregon have implemented, or are considering implementing, technology-neutral low carbon fuel standards. Carper stated that unlike the RFS, “existing state programs often focus more on emissions reduction potential when determining what qualifies as a clean fuel. In addition to reducing the number of questions the states have to ask when determining which fuels qualify for a clean fuels program, this structure allows multiple options for obligated parties to comply.” Carper concluded his opening statement by expressing his hope “that today’s hearing is the first of many conversations on how we can bring together industry, environmental groups, agriculture and other stakeholders to further decarbonize our nation’s transportation fuels, while also supporting job creation across our nation.”

By Lynn L. Bergeson and Carla N. Hutton
 
According to a January 24, 2023, item published by the U.S. International Trade Administration (ITA), the demand for new bioplastic materials and innovative processing technologies is high, contributing to the European and Italian plastics circular economy policy. According to ITA, European demand for bioplastics (compostable, bio-attributed, and bio-based) grew more than 23 percent annually from 2019 to 2021, increasing from 210,000 to 320,000 tons. ITA states that significant investments for biorefineries and to achieve stakeholders’ other development objectives should lead to production of another 100 kilotons of totally and/or partially renewable polymers by 2030 in Europe. In Italy, in 2021, the biodegradable and compostable plastics industry was made up of 275 companies (five chemical producers, 20 granule producers and distributors, and 250 processors) with 2,895 employees and €1 billion in revenue. ITA states that the volume of bioplastics produced in 2020 increased 13.2 percent, compared to the previous year.
 
According to ITA, large investments and U.S. export opportunities for companies are expected in Europe, “as the trend in consumption indicates a demand that is far greater than the production capacity installed in Europe.” The demand for new materials and innovative processing technologies is high, contributing to the European and Italian plastics circular economy policy. ITA states that U.S. companies interested in connecting with Italian distributors, seeking representation and information on how the U.S. Commercial Service can assist U.S. companies, should reach out to Commercial Specialist .(JavaScript must be enabled to view this email address).

By Lynn L. Bergeson and Carla N. Hutton
 
The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) recently announced the selection of five external collaborations totaling over $3.7 million to conduct research and development (R&D) needed to accelerate the U.S. biomanufacturing sector. Working with scientists at the Agile BioFoundry (ABF) consortium, these industry and academic groups will leverage national laboratory capabilities to address challenges in biomanufacturing. The projects include:

• University of California, Berkeley will address the pressing need for a scalable method for double-stranded ribonucleic acid (RNA) production for agricultural pesticide applications, employing microbial strain engineering and fermentation scale-up;
• Birch Biosciences will develop improved technologies that enable engineering of high-performance enzymes for economical and sustainable plastic recycling;
• Kiverdi will develop a platform for sequestering carbon dioxide to produce secreted recombinant proteins;
• University of Nebraska-Lincoln will expand the synthetic biology biosensor toolkit for Methanosarcina, a promising archaeal host organism that can be used to create fuels and renewable chemicals; and
• Azolla will leverage ABF’s capabilities to engineer a bacterium capable of using sunlight and carbon dioxide to produce nanocellulosic fiber to replace current unsustainable production practices in the textile industry.

The selected projects all directly contribute to producing renewable biofuels and biobased chemicals and materials. They also help ABF build foundational technologies critical for the decarbonization of the industrial and transportation sectors. Funded by BETO, ABF aims to advance biomanufacturing by uniting and expanding the capabilities of the national laboratories.

By Lynn L. Bergeson and Carla N. Hutton
 
As reported in our January 4, 2023, blog item, on January 3, 2023, the U.S. Environmental Protection Agency (EPA) announced the release of a draft document entitled “Biofuels and the Environment: Third Triennial Report to Congress (External Review Draft)” for public comment. 88 Fed. Reg. 72. EPA’s Office of Research and Development (ORD) and Office of Air and Radiation (OAR), in consultation with the U.S. Departments of Agriculture (USDA) and Energy (DOE), prepared the document. The purpose of the report is to examine the effects of the Renewable Fuel Standard (RFS) Program on the environment, including the impacts to date and likely future impacts to the nation’s air, land, and water resources. The draft report focuses on the dominant biofuel sources in the United States: (1) domestic corn ethanol from corn starch; (2) domestic biodiesel from soybean oil; (3) domestic biodiesel from fats, oils, and greases (FOG); and (4) imported ethanol from Brazilian sugarcane.
 
ERG, an EPA contractor, is organizing an independent external peer review of the draft report. The peer review meetings are open to anyone who would like to attend as an observer and will include a brief public comment period on the first day (February 24, 2023). Registration is required. Panel peer review meetings will be held:

• February 24, 2023, 11:00 a.m.-6:45 p.m. (EST);
   
• February 27, 2023, 11:00 a.m.-6:30 p.m. (EST); and
   
• February 28, 2023, 1:00 p.m.-3:40 p.m. (EST).

Comments on the draft report are due March 6, 2023.

By Lynn L. Bergeson and Carla N. Hutton
 
The U.S. Department of Energy (DOE) Bioenergy Technologies Office (BETO) will hold a webinar on February 22, 2023, entitled “DOE’s Progress Toward Meeting the Goals of the Sustainable Aviation Fuel Grand Challenge.” The Sustainable Aviation Fuels (SAF) Grand Challenge is a government-wide commitment to scale up production of SAF to 35 billion gallons per year by 2050 and reduce lifecycle aviation greenhouse gas (GHG) emissions by 50 percent compared to conventional fuel. According to BETO, the upcoming webinar is an effort to increase SAF awareness and communicate the progress and impact of the SAF Grand Challenge. Attendees will learn about DOE’s focus on:

• SAF priorities and program alignment with the SAF Grand Challenge Roadmap;
• Implementation planning; and
• Stakeholder engagement and outreach.

The webinar will feature speakers from BETO, including Director Dr. Valerie Reed, who will share information about the six action areas outlined in the Roadmap that support the Grand Challenge goals. Scheduled BETO speakers include:

• Dr. Valerie Reed: Director -- Program Overview;
• Zia Haq: Senior Analyst -- SAF Overview and Enabling End Use;
• Dr. Art Wiselogel: Oak Ridge Institute for Science and Education (ORISE) Fellow -- Feedstock Innovation;
• Dr. Ian Rowe: Technology Manager, Conversion Research and Development (R&D) -- Conversion Innovation;
• Dr. Mark Shmorhun: Technology Manager, Systems, Development, and Integration -- Building Regional SAF Supply Chains;
• Andrea Bailey: Technology Manager, Data, Modeling, and Analysis -- Policy and Valuation Analysis; and
• Sheila Dillard: Communications Lead -- Communicating Progress and Building Support.

Attendees can submit questions prior to the event, no later than February 17, 2023, by sending an email to .(JavaScript must be enabled to view this email address).

By Lynn L. Bergeson and Carla N. Hutton
 
The U.S. Environmental Protection Agency (EPA) announced on February 23, 2023, that the New Chemicals Program will hold a webinar on February 28, 2023, on EPA’s process for assessing the potential risks of new chemicals under Section 5 of the Toxic Substances Control Act (TSCA) and the types of data EPA considers in this assessment. EPA states that specifically, the upcoming webinar will cover commonly missed information in Section 5 submissions and how EPA evaluates environmental release information for operations that occur at non-submitter sites. Registration is now open.
 
As reported in our June 27, 2022, memorandum, in June 2022, EPA announced outreach to describe how it evaluates engineering (i.e., environmental release and worker exposure) data for new chemical submissions and common causes of EPA having to reconduct risk assessments (i.e., “rework”). The goal of this effort is to prevent delays of EPA’s new chemical reviews caused by rework.
 
The February 28, 2023, webinar is the third and final webinar in a series to increase the efficiency and transparency of EPA’s new chemical determinations. The first two webinars, held in July and October 2022, focused on common issues that cause EPA to rework risk assessments, clarifications of common misconceptions in EPA’s new chemical assessments, and other information related to TSCA Section 5 submissions. More information on these webinars is available on EPA’s website and in our July 28, 2022, and October 25, 2022, memoranda.

By Lynn L. Bergeson and Carla N. Hutton
 
On February 8, 2023, the U.S. Department of Energy (DOE) announced $25.5 million in funding to enable the sustainable use of domestic biomass and waste resources, such as agricultural residues and algae, to produce low-carbon biofuels and bioproducts. DOE notes that this funding will advance the Biden Administration’s goals of delivering an equitable, clean energy future, and will put the United States on a path to achieve net-zero emissions, economy-wide, by 2050. According to DOE, the “Reducing Agricultural Carbon Intensity and Protecting Algal Crops” funding opportunity will improve the production of environmentally sustainable feedstocks for bioenergy through two topic areas:

• Climate-Smart Agricultural Practices for Low-Carbon Intensity Feedstocks; and
• Algae Crop Protection.

DOE states that “[r]ecognizing that decarbonizing transportation and agriculture are inherently linked when it comes to the thoughtful production and deployment of biofuels, this funding opportunity focuses on improving climate-smart agricultural practices that reduce the carbon intensity of biomass feedstocks used for biofuel production, and cultivating and protecting algae crops, an abundant and renewable biofuel source.” Both topic areas support DOE’s Sustainable Aviation Fuel (SAF) Grand Challenge goal of furthering the production of 35 billion gallons of SAF annually by 2050.
 
Concept papers are due by 5:00 p.m. (EDT) March 20, 2023, and full applications are due by 5:00 p.m. (EDT) on May 16, 2023.

By Lynn L. Bergeson and Carla N. Hutton
 
The U.S. Department of Energy (DOE) announced on January 26, 2023, $118 million in funding for 17 projects to accelerate the production of sustainable biofuels for America’s transportation and manufacturing needs. According to DOE, the selected projects, located at universities and private companies, “will drive the domestic production of biofuels and bioproducts by advancing biorefinery development, from pre-pilot to demonstration, to create sustainable fuels that reduce emissions associated with fossil fuels.” Projects selected will contribute to meeting DOE’s goal to achieve cost-competitive biofuels and at least a 70 percent reduction in greenhouse gas (GHG) emissions by 2030.
 
According to DOE, “[m]ade from widely available domestic feedstocks and advanced refining technologies, energy-dense biofuels provide a pathway for low-carbon fuels that can lower greenhouse gas emissions throughout the transportation sector and accelerate the bioeconomy.” DOE notes that financing for novel biorefinery process systems can be a barrier to commercializing advanced biofuels, and states that its funding will reduce technological uncertainties and enable industry deployment. The selected projects include pre-pilot, pilot, and demonstration projects that will scale-up existing biomass to fuel technologies that will eventually create millions of gallons of low-carbon fuel annually.