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.

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.


 
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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.


 
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By Lynn L. Bergeson

Under Canada’s New Substances Fees Regulations, fees must be provided with each New Substance Notification (NSN) package submitted under the New Substance Notification Regulations (Chemicals and Polymers). The amount of the fee is dependent on the annual sales in Canada for the notifier, the specific Schedule being submitted, and other services being requested (e.g., confidential search on the Domestic Substances List (DSL) or Non-Domestic Substances List (NDSL) or masked name application). As of April 1, 2019, Environment and Climate Change Canada (ECCC) modifies NSN fees annually based on the country’s Consumer Price Index (CPI). Based on a decrease in Canada’s CPI over the past 12 months, fees for NSN submissions will decrease by 0.2% starting April 1, 2021. ECCC has posted a revised fee table, effective April 1, 2021, to March 31, 2022.

Tags: Canada, NSN, Fees

 
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By Lynn L. Bergeson

On April 8, 2021, from 12:00 to 1:30 p.m. (EDT), the Environmental Law Institute (ELI), in partnership with BioCycle and the American Biogas Council, will host a webinar titled “Food Scrap Recycling: Opportunities and Realities of Anaerobic Digestion.” The webinar will focus on anaerobic digestion and its ability to create biogas and digestate that can be used as renewable energy products. Registration is required via this link.


 
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From June 14 through 18, 2021, the American Chemical Society Green Chemistry Institute (ACS GCI) will host its annual Green Chemistry & Engineering Conference. Fully virtual this year, the conference will include live sessions and poster presentations focused on green and sustainable chemistry and engineering under the 2021 theme of Sustainable Production to Advance the Circular Economy. Registration is now open via this link.


 
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March 31, 2021
1:30 p.m. - 3:00 p.m. EDT
Register here

The COVID-19 global pandemic has had far-reaching impacts on business operations. While we are all eager to put the pandemic behind us, other catastrophic events will inevitably occur. To strengthen organizational resilience going forward, we must examine lessons learned and position product stewardship as a key player in business continuity and crisis management.

This complimentary future-focused webinar, hosted by the Product Stewardship Society (PSS), will identify the broad range of complex, unresolved, and evolving issues product stewards have faced and continue to face because of the pandemic.

SPEAKERS:

 

Tina Armstrong, Ph.D., Principal Scientist and Vice President at the global consultancy firm Arcadis

 

 Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (moderator)

 

Jon Hellerstein, CIH, CSP, a career environmental health professional 

 

Al Iannuzzi, Ph.D., Vice President, Sustainability, The Estée Lauder Companies

 

Louise Proud, leader of the Environment, Health, and Safety program for Pfizer Inc.

 

In addition to receiving 1.5 contact hours, participants will learn:

  • How product stewards can integrate product stewardship into business continuity and crisis management.
     
  • What issues a product steward needs to address when a COVID-19 outbreak occurs in a workplace, retail space, or upstream/downstream in the supply chain.
     
  • How to leverage the experiences of the COVID-19 pandemic to influence senior leaders to think differently about product stewardship and environment, health, and safety in general.

Make sure to register now for what promises to be a timely, resourceful, and interesting event!


 
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By Lynn L. Bergeson 

On February 23, 2021, the European Agency for Safety and Health at Work (EU-OSHA) announced that in association with other relevant Directorates-General (DG) of the European Commission (EC), DG Environment has opened a call for applications to select members for an expert group, the High-Level Roundtable on Implementation of the Chemicals Strategy for Sustainability. According to EU-OSHA, the expert group’s mission “is to set the Chemicals Strategy for Sustainability objectives and monitor its implementation in dialogue with the stakeholders concerned.” Specific tasks include contributing to identifying and addressing social, economic, and cultural barriers to the transition toward safe and sustainable chemicals. The expert group will act as a core group of ambassadors to facilitate discussions and promote this transition in the economy and society, developing a regular exchange of views, experiences, and good practices between the EC and stakeholders on the main objectives of the Strategy, namely:

  • Innovating for safe and sustainable chemicals, including for materials and products;
     
  • Addressing pressing environmental and health concerns;
     
  • Simplifying and consolidating the legal framework;
     
  • Providing a comprehensive knowledge base on chemicals; and
     
  • Setting the example for global sound management of chemicals.

The expert group will consist of up to 32 members, with a maximum of:

  • The member state holding the Presidency of the Council of the European Union;
     
  • Ten third-sector organizations in the following areas: health protection, environmental protection, human rights, animal protection, consumer rights, and workers’ rights;
     
  • Eight scientific organizations, academia, and research institutes providing a suitable balance between expertise in fundamental research, applied research, and training/education;
     
  • Ten industries, including small- and medium-sized enterprises (SME) or associations of enterprises, including an adequate representation of frontrunners in the production and use of safe and sustainable chemicals. Those should include chemical industries, downstream users (from different sectors), and retailers; and
     
  • Three international organizations -- the Organization for Economic Cooperation and Development (OECD), the World Health Organization (WHO), and the United Nations Environment Program (UNEP).

Interested organizations are invited to submit their applications before March 18, 2021.


 
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By Richard E. Engler, Ph.D.

In the 21st century, we take as given a continuous stream of new and better products. From electronics to building materials to transportation solutions, the flow of new and better products and applications seems unending. New chemical substances play a fundamental role in creating those products and making existing products better. If the pipeline of new chemicals were closed off, the flow of new products and applications would slow to a trickle and eventually dry up. Modern life as we know it would not exist without the continued invention, production, and use of new chemicals.

In the United States, all new chemicals must be reviewed by the U.S. Environmental Protection Agency (EPA) before they can enter commerce. The Agency looks at new chemicals to determine whether their manufacturing, processing, and use would adversely affect people or the environment. If EPA identifies risks that it determines to be unreasonable, then it either prohibits use of the chemical, or requires restrictions on the chemical to control for risks. Since the 1970s, tens of thousands of chemicals have come through EPA for review and have been allowed into U.S. commerce.

In this article, Richard E. Engler, Ph.D. and Jeffery T. Morris, Ph.D. write that more robust consideration of a new chemical’s potential to prevent pollution and lower risks could help achieve the right balance between safety and innovation. The full article is available at https://chemicalwatch.com/220164/guest-column-why-the-us-epa-can-and-should-evaluate-the-risk-reducing-role-a-new-chemical-may-play-if-allowed-on-the-market (subscription required).


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

EPA announced that it is extending the public comment period on proposed updates to the Toxic Substances Control Act (TSCA) Fees Rule to give stakeholders more time to review and comment. The current comment period was set to close on February 25, 2021. Comments are now due on March 27, 2021. Information on the proposed updates is available in the Bergeson & Campbell, P.C. (B&C®) December 30, 2020, memorandum, “EPA Intends Proposed Rule to Increase Flexibility and Reduce Burdens under TSCA Fees Program.”

On February 18, 2021, EPA held a virtual public meeting on the TSCA Fees Rule, allowing stakeholders to provide input on the proposed rulemaking. One of the main concerns by industry stakeholders was related to fees collection under TSCA Section 4. Stakeholders reported that EPA should not collect such fees under Section 4 because the same fees are collected under Section 5. The Alliance for Automotive Innovation proposed instead a tiered fees structure, given that the rule as proposed includes downstream user fees, which would double fees within the supply chain.

On the other hand, representatives from the Environmental Defense Fund (EDF) expressed opposition to the exemptions outlined in the proposed rule and criticized EPA for relying on voluntary information requests.

Tags: TSCA, Fees

 
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By Lynn L. Bergeson 

The United Kingdom (UK) completed its withdrawal from the EU on December 31, 2020, and, as of January 1, 2021, is a “third country” from the EU perspective. Companies worldwide must be aware of the significant implications for compliance under the following newly established independent chemical regulatory regimes: the Great Britain (England, Scotland, and Wales) (GB) Biocidal Products Regulation (GB BPR); the GB Classification, Labeling, and Packaging Regulation (GB CLP); the GB Prior Informed Consent (PIC) Regulation (GB PIC); Regulation (EC) 1107/2009 concerning plant protection products (PPP); and the UK REACH Regulation. On February 5, 2021, the UK Health and Safety Executive (HSE) provided a brief overview of the new chemical regulatory regimes and links to resources available online. Further information is available in The Acta Group’s, B&C’s affiliate, February 9, 2021, memorandum.

Tags: UK, UK REACH

 
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By Lynn L. Bergeson 

EPA published on February 8, 2021, a periodic update of the TSCA confidential business information (CBI) review statistics. TSCA Section 14(g)(1) requires that EPA, within 90 days of receipt of a CBI claim:

  • Review and make determinations on CBI claims for chemical identity after the chemical substance has been offered for commercial distribution; and
     
  • Review and make determinations on a representative subset of at least 25 percent of other CBI claims that are not exempt from substantiation and review.

The updated data summarize the number of CBI cases under review and results of completed reviews through December 28, 2020. In addition, a spreadsheet is available showing the details of completed TSCA CBI determinations through December 28, 2020.

EPA states that making this information publicly available continues to demonstrate its commitment to transparency while fulfilling its responsibilities under TSCA. EPA notes that it has established numerous new processes, systems, and procedures to enable submitters to provide the information required when making confidentiality claims and to facilitate EPA’s review, and where applicable, determinations on these claims.

Tags: TSCA, CBI

 
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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.
     

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

On March 1, 2021, U.S. Senators Joe Manchin (D-WV) and Debbie Stabenow (D-MI) announced the American Jobs in Energy Manufacturing Act of 2021 (Act), which would incentivize domestic manufacturing of energy technologies by providing tax credits for domestic manufacturers in rural areas. The Act encourages the transition to cleaner energy by driving reinvestment into communities that have been most impacted by economic downturn. “This bill will help revitalize these areas by making smart changes to the 48C Advanced Energy Manufacturing Tax Credit to drive investment in these communities, strengthen domestic supply chains, create additional clean energy manufacturing jobs, and aid the nation’s recovery,” stated Senator Manchin. Senator Stabenow urged the Senate to pass the Act, stating that the transition to a clean energy economy would significantly contribute to the fight against climate change. The Act has been endorsed by several non-profit organizations and industry stakeholders.

Significant measures would be taken under the Act, including:

  • Investment of $8 billion in American manufacturing and industry to serve as a tool to expand or build new facilities that make or recycle energy-related products; and
     
  • Provision of assistance to applicants through new guidelines and technical assistance that promote reinvestment and job creation.

The full bill can be accessed here.


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

On March 3, 2021, the co-chairs of the House Biofuels Caucus, U.S. Representatives Cindy Axne (D-IA) and Rodney Davis (R-IL), introduced the Renewable Fuels Infrastructure Investment and Market Expansion Act, which would expand access to higher biofuel blends. Building off the U.S. Department of Agriculture’s (USDA) Higher Blends Infrastructure Inventive Program, this bill intends to provide consistent federal investment ($500 million over five years) on biofuels infrastructure, while also removing barriers to 15 percent ethanol and 85 percent gasoline (E15) fuel blends and allowing Underground Storage Tanks (UST) to store higher blends of ethanol.

On the same day, with the support of Representatives Axne and Davis, among others, U.S. Representative Dusty Johnson (R-SD) introduced the Adopt GREET Act. The Adopt GREET Act would require that EPA update its greenhouse gas (GHG) models for ethanol and biodiesel to reflect better the environmental benefits of agriculture and biofuels. Specifically, EPA would be obligated, under this Act, to adopt the Argonne National Laboratory’s Greenhouse Gases, Regulated Emissions, and Energy Use in Transportation (GREET) Model for both biodiesel and ethanol fuels and update its model as needed every five years.

Both pieces of legislation are being supported by several industry stakeholders, including the National Corn Growers Association, the Renewable Fuels Association, and Growth Energy.


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

On March 2, 2021, the University of Southern California (USC) Wrigley Institute for Environmental Studies on Santa Catalina Island announced a new aquaculture technique that increases dramatically kelp growth and, consequently, yields four times more biomass than other natural processes. Using a “kelp elevator,” this new technique optimizes growth for bronze-colored floating algae by raising and lowering it to different depths. These findings suggest that the use of open ocean to grow kelp biomass for biofuel production can serve as a solution to the generation of biofuels from feedstocks such as corn and soybeans, which often increase water pollution. Corresponding author of the study, Diane Y. Kim, Ph.D., stated that “[f]orging new pathways to make biofuel requires proving that new methods and feedstocks work. This experiment on the Southern California coast is an important step because it demonstrates kelp can be managed to maximize growth.”


 
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