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 Ligia Duarte Botelho, M.A.

On October 7, 2021, the California Department of Toxic Substances Control (DTSC) announced that the Green Ribbon Science Panel (GRSP) will hold a meeting from 12:00 p.m. to 3:00 p.m. (EDT) on November 5, 2021. The meeting will focus on microplastic research and policy.
 
GRSP was established to act as a resource for the implementation of California’s Green Chemistry Law. GRSP provides technical advice to the DTSC Director and the California Environmental Policy Council (CEPC) on scientific matters related to the development of policy recommendations and implementation strategies on green chemistry and chemicals through DTSC’s Safer Consumer Products (SCP) program. Additional topics covered by GRSP as the SCP program continues to expand include:


 

By Lynn L. Bergeson 

The U.S. Government Accountability Office (GAO) posted a WatchBlog item entitled “Can Chemical Recycling Reduce Plastic Pollution?” on October 5, 2021. The item looks at GAO’s September 2021 Science & Tech Spotlight: Advanced Plastic Recycling. According to GAO, chemical recycling could reduce the amount of plastic that ends up in landfills, potentially reducing the release of chemicals into the environment. Chemical recycling can produce high-quality raw materials, decreasing the demand for fossil fuels and other natural resources. GAO states that the obstacles to using chemical recycling include process and technology challenges, high startup and operating costs, and limited incentives for recycling innovation and investment. GAO notes that new plastics produced from fossil fuels are typically cheaper to produce than recycled plastics, in part due to transportation costs and limited recycling infrastructure, making recycled plastics less marketable. Key questions for policymakers include:

What steps could the federal government, states, and other stakeholders take to further incentivize chemical recycling rather than disposal? What are the potential benefits and challenges of these approaches?

What steps could policymakers take to support a transition toward a circular economy -- one in which products are not disposed of but are recycled for reuse including innovation -- and investment in manufacturing and recycling capacity?

What might policymakers do to promote advanced recycling technologies while also reducing the hazards associated with existing plastic production and recycling methods?

One issue that GAO fails to consider is the regulatory status of depolymerized plastic. Furthermore, making a polymer by depolymerizing plastic is, according to the Toxic Substances Control Act (TSCA) nomenclature rules, different than the virgin polymer. These nomenclature complications will likely be a barrier to the commercialization of the closed-loop chemical recycling of plastics.


 

Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), will present during the “Moving Towards ‘Cradle-to-Cradle’: Regulatory Drivers and Barriers in Reducing Waste and Achieving Sustainable Lifecycle Management and a Circular Economy” session on October 14, 2021, at 1:45 p.m. (EDT), at the American Bar Association’s (ABA) Section of Environment, Energy, and Resources (SEER) 29th Fall Conference.


 

By Lynn L. Bergeson 

The American Chemical Society’s Green Chemistry Institute® (ACS GCI) is now accepting symposium proposals for the 2022 26th Annual Green Chemistry & Engineering (GC&E) Conference that will be held in Reston, Virginia, from June 6 to June 8, 2022. The theme for the 2022 GC&E Conference is “Thinking in Systems: Designing for Sustainable Use,” and ACS GCI is looking for proposals focused on green and sustainable chemistry and engineering product development and commercialization. Proposals are due by October 11, 2021. Additional information and guidelines are available here.


 

By Lynn L. Bergeson 

On September 20, 2021, the U.S. Food and Drug Administration (FDA) announced the availability of its revised final guidance for industry on biosimilar development and the Biologics Price Competition and Innovation Act of 2009 (BPCI Act). Titled “Questions and Answers on Biosimilar Development and the BPCI Act,” the revised guidance aims to inform prospective applicants and facilitate the development of proposed biosimilars and proposed interchangeable biosimilars. The guidance also includes FDA’s interpretation of certain statutory requirements added by the BPCI Act.


 

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

On September 22, 2021, as part of Pollution Prevention Week, the U.S. Environmental Protection Agency (EPA) recognized 33 Safer Choice Partner of the Year award winners for their achievements in design, manufacture, selection, and use of products with safer chemicals. Michal Freedhoff, Assistant Administrator for EPA’s Office of Chemical Safety and Pollution Prevention (OCSPP), commented on the winners’ achievements, stating: “Today, we recognize the leadership and accomplishments of Safer Choice partners and stakeholders for their work helping consumers and commercial buyers identify products with safer chemical ingredients, without sacrificing quality or performance. Additionally, I’m excited to see that the work done by many of this year’s awardees support the Biden-Harris Administration’s goals of addressing climate change and advancing environmental justice.”
 
This year, award applicants were encouraged to demonstrate how their work with safer chemistry bolsters resilience to the impacts of climate change, promotes environmental justice, and results in cleaner air or water. In the upcoming year, EPA hopes to build on award winners’ work by expanding the Safer Choice program to make products containing safer chemicals increasingly available to underserved communities. Winners of this year’s award include small- and medium-sized companies, women-owned companies, state and local governments, non-governmental organizations (NGOs), and associations.


 

By Lynn L. Bergeson and Carla N. Hutton
 
The U.S. Environmental Protection Agency (EPA) is now accepting nominations for the 2022 Green Chemistry Challenge Awards from companies or institutions that have developed a new green chemistry process or product that helps protect human health and the environment. EPA states that in support of the Biden-Harris Administration’s commitment to tackle the climate crisis, it is adding a new award category to recognize technology that reduces or eliminates greenhouse gas emissions. EPA will hold a webinar during Pollution Prevention (P2) Week, on Wednesday, September 22, 2021, from 2:00 p.m. - 3:30 p.m. (EDT), to educate stakeholders on the Green Chemistry Challenge Awards and the nomination process. Nominations are due to EPA by December 10, 2021. According to EPA, an independent panel of technical experts convened by the American Chemical Society Green Chemistry Institute will formally judge the 2022 nominations and make recommendations to EPA for the 2022 winners. EPA anticipates giving awards to outstanding green chemistry technologies in six categories in June 2022.


 

By Lynn L. Bergeson

Join the Product Stewardship Society (PSS) and a panel of experts for a unique webinar on how your role as a product steward can make an impact. You will learn strategies you can use to support your organization during business disruptions. “The Critical Role of Product Stewardship in Business Continuity” includes a facilitated panel discussion with real-world examples provided of product stewardship management in the aftermath of disruptive events like the pandemic. Specific examples will be shared to illustrate how product stewards can help organizations successfully transition from incident management to recovery and resume operations in a “new normal.” Bergeson & Campbell, P.C. (B&C®) is pleased to sponsor this complimentary webinar. 


 

By Lynn L. Bergeson and Carla N. Hutton
 
On June 24, 2021, a “unique and broad group” of chemical manufacturers, brand owners, environmental non-governmental organizations (NGO), states, and municipalities sent a letter to the leaders of the House and Senate Appropriations Subcommittees on Interior, Environment, and Related Agencies to express their “strong support” for the U.S. Environmental Protection Agency’s (EPA) Safer Choice Program and to encourage that the program be funded fully. The letter asks that the following language be included in the report:

The Committee supports the Safer Choice program and directs that the program be funded and operated at least at levels consistent with Fiscal Year 2014, adjusted for inflation.

According to the letter, in the last quarter of 2020, EPA reorganized the Office of Chemical Safety and Pollution Prevention (OCSPP), dissolving the Safer Choice branch and reassigning most staff to the areas of OCSPP. The letter states that “[a]s a result, the program is now severely under-resourced with approximately four full-time staff.” The Biden-Harris EPA has taken steps to restore the program, but EPA still faces resource constraints.

The letter describes how companies across the value chain use the Safer Choice brand to advance their individual safer chemical initiatives. Chemical manufacturers invested in developing safer chemicals now listed on the Safer Choice’s Safer Chemicals Ingredients List (SCIL). Brand owners and product manufacturers have reformulated products using the SCIL to obtain Safer Choice certification. Major retailers specify the Safer Choice label as a verifiable way to meet corporate goals laid out in public-facing chemicals policies.

According to the letter, the Safer Choice Program also provides value to entities outside of the supply chain. States and municipalities rely on the Safer Choice Program “because it is the only third-party program that requires all ingredients to be screened for hazards instead of simply using a restricted substances list.” NGOs and consumers “find significant value in an authoritative government program that can be trusted to vet safer chemicals and products.”


 

By  Lynn L. Bergeson

On April 13, 2021, Montana State University (MSU) researchers from its Norm Asbjornson College of Engineering published an article entitled “Biomineralization of Plastic Waste to Improve the Strength of Plastic-Reinforced Cement Mortar.” The study evaluates calcium carbonate biomineralization techniques applied to coat plastic waste and improve the compressive strength of plastic-reinforced mortar (PRM), a type of plastic-reinforced cementitious material (PRC). In an effort to reduce the environmental impact of plastic pollution, the study tested two types of biomineralization treatments: enzymatically induced calcium carbonate precipitation (EICP) and microbially induced calcium carbonate precipitation (MICP). While MICP treatment of polyethylene terephthalate (PET) resulted in PRMs with compressive strength similar to that of plastic-free mortar, EICP-treated PET resulted in weaker strength than that of MICP. MICP treatment, however, affects differently the compressive strength of PRM in various types of plastics. According to the researchers, further work is needed to understand the impact of MICP treatment on interfacial strength. The authors hope that greater knowledge of this mechanism will lead to the establishment of biomineralized PRC as a high-volume method to reuse plastic waste.


 
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