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 March 10, 2022, EPA issued a notice of disclosure to all obligated parties under the Renewable Fuel Standard (RFS) program that have petitioned for a small refinery exemption (SRE) or that have submitted certain RFS compliance reports. EPA will disclose information that is claimed to be, or has been determined to be confidential business information (CBI) from May 21, 2021, through December 31, 2023, to the Government Accountability Office (GAO). These records include:

  • All materials submitted by small refineries as part of petitions;
  • Any documentation that the Department of Energy (DOE) provided to EPA stating DOE’s petition findings and scores and any EPA responses thereto;
  • Any EPA record addressing the subject of the exemption petitions; and
  • EPA’s final exemption decisions sent to refineries.

GAO will destroy, delete, or return to EPA all CBI claimed documents at the conclusion of its review.

Tags: EPA, DOE, RFS, Biofuel

 

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

On March 22, 2022, DOE announced a $34.5 million funding opportunity to improve the science and infrastructure for converting waste streams into bioproducts and biofuels that can benefit the local energy economy. DOE Principal Deputy Assistant Secretary for Energy Efficiency and Renewable Energy (EERE), Kelly Speakes-Backman, stated that “through this investment, we see an opportunity to support the bioeconomy and the equitable transition to a clean energy economy.” The FY22 Waste Feedstock and Conversion R&D Funding Opportunity Announcement (FOA) encourages the development of improved organisms and inorganic catalysts to support the next generation of low-carbon biofuels and bioproducts. This FOA has four topic areas:

  • Community Scale Resource and Energy Recovery from Organic Wastes;
  • Municipal Solid Waste Feedstock Technologies;
  • Robust Catalytic Processes; and
  • Robust Microbial Cells.

DOE will accept concept papers for this FOA until 5:00 p.m. (EDT) on April 18, 2022. Applications are due by 5:00 p.m. (EDT) on June 7, 2022. Additional information on this FOA is available here.


 

By Lynn L. Bergeson

On March 16, 2022, the House Science, Space, and Technology Subcommittee on Energy held a hearing on “Bioenergy Research and Development for the Fuels and Chemicals of Tomorrow.” According to the hearing charter, the purpose of the hearing was to examine the status of bioenergy research, development, and demonstration (RD&D) activities carried out by the U.S. Department of Energy (DOE). The hearing also considered advancements in bioenergy research and the potential role of this resource in a cleaner energy transition. Lastly, the hearing was intended to help inform future legislation to support and guide the United States’ bioenergy RD&D enterprise. Read more in Bergeson & Campbell, P.C.’s (B&C®) March 18, 2022, memorandum, “House Committee Holds Hearing on Bioenergy RD&D for the Fuels and Chemicals of Tomorrow."


 

By Lynn L. Bergeson and Carla N. Hutton
 
On March 16, 2022, the House Science, Space, and Technology Subcommittee on Energy will hold a hearing on “Bioenergy Research and Development for the Fuels and Chemicals of Tomorrow.” According to the hearing charter, the purpose of the hearing is to examine the status of bioenergy research, development, and demonstration (RD&D) activities carried out by the U.S. Department of Energy (DOE). The hearing will also consider advancements in bioenergy research and the potential role of this resource in a cleaner energy transition. Lastly, the hearing will help inform future legislation to support and guide the United States’ bioenergy RD&D enterprise. Witnesses will include:

  • Dr. Jonathan Male, Chief Scientist for Energy Processes and Materials, Pacific Northwest National Laboratory (PNNL);
     
  • Dr. Andrew Leakey, Director of the Center for Advanced Bioenergy and Bioproducts Innovation at the University of Illinois Urbana-Champaign;
     
  • Dr. Laurel Harmon, Vice President of Government Affairs, LanzaTech; and
     
  • Dr. Eric Hegg, Professor, Biochemistry and Molecular Biology, Michigan State University.

The hearing charter notes that in addition to fuels, biomass can be used to create valuable chemicals and materials, known as “bioproducts.” According to the hearing charter, approximately 16 percent of U.S. crude oil consumption is used to make petrochemicals and products, such as plastics for industrial and consumer goods, fertilizers, and lubricants. Common biobased products include household cleaners, paints and stains, personal care items, plastic bottles and containers, packaging materials, soaps and detergents, lubricants, clothing, and building materials. The hearing charter states that the production of bioproducts relies on much of the same feedstocks, infrastructure, feedstock commoditization, and technologies that are central to biofuels production. Therefore, according to DOE, once technologies are proven for bioproduct applications, they could be readily transferred and greatly improve biofuel production.


 

By Lynn L. Bergeson 

On February 1, 2022, DOE EERE BETO issued two new requests for information (RFI) on biomass conversion R&D and community organic waste programs. The RFI titled “Biomass Conversion Research, Development, and Analysis Programs” focuses on biomass conversion R&D and seeks to address improved robustness of microbial cells, catalytic processes, and state-of-technology analyses in the BETO research portfolio. Through this program, BETO is interested in receiving feedback on barriers, capabilities, tools, and other general information needed to prioritize future R&D programs in the areas of organism and catalyst development. BETO also seeks input on which analyses are most useful to the broader bioenergy research and industrial community. Responses to this RFI must be submitted by March 11, 2022, and are required to be provided as an attachment via e-mail to .(JavaScript must be enabled to view this email address).

DOE EERE BETO’s RFI titled “Community-scale Resource and Energy Recovery from Waste Solutions” requests feedback from industry, academia, research laboratories, government agencies, and other stakeholders on issues related to community programs for organic waste. DOE EERE wishes to understand better which wastes related to economic, environmental, and social impacts are of highest priority to communities and how DOE can make its Conversion R&D program more effective in addressing these types of challenges. BETO is particularly interested in input on five different waste streams: dairy manure, swine manure, food waste, municipal wastewater residuals, and fats/oils/greases. Responses to this RFI must also be submitted by March 11, 2022, and provided as an attachment via e-mail to .(JavaScript must be enabled to view this email address). In lieu of providing written responses to this RFI, BETO is also accepting requests for a 30-minute individual discussion via e-mail. Additional information on both RFIs is available here.


 

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

On January 13, 2022, DOE’s Bioenergy Technologies Office (BETO), in collaboration with the Algae Foundation and the National Renewable Energy Laboratory, opened the AlgaePrize competition for high school through graduate students in the United States. This new prize focuses on the development, design, and invention of algal technologies to help reduce carbon dioxide (CO2) emissions through algae commercialization. During the competition, teams will participate in an 18-month process of pursuing the technologies for algae production, downstream processing, and/or identification of novel products or tools. The AlgaePrize grand champion winner will receive a total of $20,000 cash prize.

The competition is open to teams of two or more students who are currently enrolled in an education program based in the United States. Students interested in participating in the competition must register by March 2, 2022. Additional information is available here.


 

By Lynn L. Bergeson 
 
On January 11, 2022, the U.S. Department of Energy’s (DOE) Office of Energy Efficiency & Renewable Energy (EERE) announced that seven research and development (R&D) projects were selected to receive $13.4 million in funding for R&D projects to advance next generation plastic technologies to reduce the energy consumption and carbon emissions of single-use plastics. The selected R&D projects, led by industry and universities, will focus on converting plastic films into more valuable materials and designing new plastics that are more recyclable and biodegradable. Secretary of Energy Jennifer M. Granholm stated that “By advancing technologies that repurpose single-use plastics and make the materials biodegradable, we can hit a trifecta of reduced plastic waste, fewer emissions from the plastics industry, and an influx of clean manufacturing jobs for American workers.”
 
According to DOE’s EERE, less than ten percent of plastics are recycled currently. Those plastics that are recycled are typically “downcycled” or repurposed into low-value products. The selected projects will work to develop affordable solutions for “upcycling” plastics into more valuable materials and to design new plastics that are recyclable and biodegradable.


 

By Lynn L. Bergeson 

On January 13, 2022, the U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO), in collaboration with the Algae Foundation and the National Renewable Energy Laboratory, opened the AlgaePrize competition for high school through graduate students in the United States. This new prize focuses on the development, design, and invention of algal technologies to help reduce carbon dioxide (CO2) emissions through algae commercialization. During the competition, teams will participate in an 18-month process of pursuing the technologies for algae production, downstream processing, and/or identification of novel products or tools. The AlgaePrize grand champion winner will receive a total of $20,000 cash prize.
 
The competition is open to teams of two or more students who are currently enrolled in an education program based in the United States. Students interested in participating in the competition must register by March 2, 2022. Additional information is available here.


 

By Lynn L. Bergeson 

On December 23, 2021, DOE issued a Request for Information (RFI) on the scale-up and demonstration of renewable fuels. In the RFI “Overcoming Barriers to Renewable Fuel Scale-Up and Demonstration,” DOE expresses its wish to obtain input from biofuels producers and technology developers regarding their readiness to scale process technologies to pilot- and demonstration-scale sustainable aviation fuel (SAF), renewable diesel, and renewable marine fuels. DOE also seeks feedback on how existing first-generation ethanol and other industries could be leveraged to provide low-cost feedstock and infrastructure for biofuels production. The RFI has six categories:

  • Biofuel Pathway Scale-Up Forecasts;
  • Barriers to Scale-Up of SAF, Marine, and Renewable Diesel Technologies;
  • Leveraging First-Generation Ethanol and Other Incumbent Industries;
  • BETO Scale-Up of Biotechnologies Strategy;
  • Leveraging National Laboratory Professional Development Units (PDU) to Scale-Up Renewable Fuels; and
  • Feedstock Production and Supply.

DOE’s Bioenergy Technologies Office (BETO) will use the information collected from this RFI to chart the potential growth of domestic renewable fuels production by 2030. BETO also wishes to understand better the existing and potential barriers that producers face in the scaling-up pathway. Responses to this RFI must be submitted on or prior to 5:00 p.m. (EST) on January 31, 2022. Additional details on how to apply can be accessed here.

Tags: DOE, RFI, Biofuel

 

By Lynn L. Bergeson
 
On December 13, 2021, the U.S. Department of Energy (DOE) announced the availability of $54 million in seed funding for U.S. small businesses to research, develop, and create commercialization action plans for new technologies that accelerate the national transition to a clean energy economy. Led by DOE’s Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs, the opportunity provides that applicants may receive up to $250,000 and become eligible for up to $1.6 million in follow-on funding. To receive funding, applicants must have projects that can help:

  • Diversify sustainable sources of minerals and materials needed to manufacture clean energy technologies;
  • Enhance thermal energy storage technologies for buildings;
  • Improve recyclability and reuse of retired solar panels and components;
  • Increase hydropower and marine energy generation;
  • Convert biomass and other waste into cost-effective, carbon-free fuels; and
  • Develop technologies for affordable, efficient hydrogen production, delivery, and storage.

DOE will also award funding to proposals to license technologies developed by a DOE national lab. Small businesses interested in applying for an SBIR or STTR award must submit a letter of intent by January 3, 2022, 5:00 p.m. (EST). Full applications are due on February 22, 2022. A full list of topics and additional details about this opportunity are available here.


 
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