B&C® Biobased and Sustainable Chemicals Blog

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...

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...

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...

The U.S. Environmental Protection Agency (EPA) announced on February 19, 2021, 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.  EPA is extending the comment period an additional 30 days.  Information on the proposed updates is available in our December 30, 2020, memorandum, “EPA Intends Proposed...

The U.S. Environmental Protection Agency (EPA) published on February 8, 2021, a periodic update of the Toxic Substances Control Act (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...

The United Kingdom (UK) completed its withdrawal from the European Union (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...

By   Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On January 19, 2021, EPA issued a request for comment on petitions submitted in 2020 for a waiver of the RFS obligations that apply to 2019 and 2020. The petitions argue that recent events warrant EPA exercising its general waiver authority on the basis of severe economic harm. In late March 2020, a group of small refineries requested a waiver of the 2019 and 2020 RFS obligations. In April 2020, Governors of several states...

By   Lynn L. Bergeson  On January 12, 2021, EPA and the Occupational Safety and Health Administration (OSHA) announced a memorandum of understanding (MOU) that advances collaboration and communication on EPA’s review of new chemicals under TSCA. EPA states that the MOU provides a framework for coordination and communication between the two agencies on exposure to new chemicals in the workplace and will help achieve the agencies’ shared goal of ensuring workers are...

By   Lynn L. Bergeson and Ligia Duarte Botelho, M.A.  EPA, on January 15, 2021, issued a proposed rule to modify certain compliance dates under the Renewable Fuel Standard (RFS). The proposed deadline extension for the 2019 compliance year and the associated deadline for submission of attest engagement reports for the 2019 compliance year for small refineries are as follows: November 30, 2021, and June 1, 2022, respectively. The second extension would be for the 2020...

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On January 27, 2021, U.S. President Biden signed an “Executive Order on Tackling the Climate Crisis at Home and Abroad,” which established a National Climate Task Force (Task Force) and puts the climate crisis at the forefront of U.S. domestic and foreign policy. Highlighting the urgency in addressing the climate crisis, this EO requires short-term global reductions of greenhouse gas (GHG) emissions and net-zero...

By Lynn L. Bergeson  On January 13, 2021, DOE’s Office of Energy Efficiency and Renewable Energy (EERE) announced the availability of $123.6 million in funding and $44.7 million of cost share available for 46 projects to stimulate technology innovation, improve energy productivity of American manufacturing, and enable the manufacturing of cutting-edge products in the United States. The 46 projects that will be selected under this funding opportunity announcement will focus in...

By   Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On January 19, 2021, the U.S. Department of Energy (DOE) released its Plastics Innovation Challenge Draft Roadmap (Draft Roadmap) alongside a Request for Information (RFI) seeking stakeholder input on the draft document. The Plastics Innovation Challenge is a DOE program focused on accelerating innovations in energy-efficient plastic recycling technologies. The aim of the Plastics Innovation Challenge is to make domestic...

By Lynn L. Bergeson  On February 1, 2021, the U.S. District Court for the District of Montana granted the U.S. Environmental Protection Agency’s (EPA) January 31, 2021, unopposed motion to vacate and remand its January 6, 2021, final rule on “Strengthening Transparency in Pivotal Science Underlying Significant Regulatory Actions and Influential Scientific Information” (86 Fed. Reg. 469). EDF v. EPA, No. 4:21-cv-03-BMM. On January 11, 2021, the Environmental Defense...

On January 11, 2021, the U.S. Environmental Protection Agency (EPA) published a proposed rule that would amend the 2018 Toxic Substances Control Act (TSCA) fees rule.  86 Fed. Reg. 1890.  Under TSCA, EPA collects fees from chemical manufacturers and processors to help fund implementation and to ensure that public health and the environment continue to be protected.  TSCA requires EPA to review its fees every three years and, after consulting with parties potentially...

The U.S. Environmental Protection Agency (EPA) announced on January 8, 2021, that it released an updated and improved version of OncoLogic™, a system used to evaluate a chemical’s potential to cause cancer.  EPA states that, in partnership with the Organization for Economic Cooperation and Development (OECD), it developed “a more user-friendly version of the most widely used piece of this system, greatly expanding its usability across the agency and the scientific...

By  Lynn L. Bergeson and Ligia Duarte Botelho, M.A. Researchers at Swansea University’s Energy Safety Research Institute have developed a new method that produces spheres that have strong capacity for carbon capture and work at a large scale. Described as “[a] fast, green and one-step method for producing porous carbon spheres, which are a vital component for carbon capture technology and for new ways of storing renewable energy,” the method was developed by a...

By  Lynn L. Bergeson and Ligia Duarte Botelho, M.A. The Scientific Research Honor Society (Sigma Xi) is accepting nominations until January 31, 2021, for awards that recognize achievements in science or engineering research and communication. Nominations are being accepted for the following awards: Gold Key Award – Presented to an individual who has made contributions to their profession and fostered critical innovations to enhance the health of the research enterprise,...

By  Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On December 19, 2020, the Government of Canada’s Department of the Environment published a proposed rule titled Clean Fuel Regulations. The proposed rule addresses Canada’s concerns in achieving its net-zero emissions by 2050 under the Paris Agreement. In an effort to reduce the largest sources of greenhouse gases (GHG), the Clean Fuel Regulations would require liquid fossil fuel primary suppliers to reduce the carbon...

By  Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On January 6, 2021, EPA issued in final its rule titled “Strengthening Transparency in Pivotal Science Underlying Significant Regulatory Actions and Influential Scientific Information.” The rule establishes how EPA will consider the availability of dose-response data underlying pivotal science used in its significant regulatory actions and influential scientific information. Under this rule, EPA will give greater...

By  Lynn L. Bergeson  EPA announced on January 5, 2021, that it is reopening the reporting period under the TSCA Inventory notification active-inactive rule where companies identified chemicals that were manufactured, imported, or processed in the United States during the ten-year time period ending on June 21, 2016. As reported in our June 26, 2017, memorandum, “EPA Issues Final TSCA Framework Rules,” the final TSCA Inventory notification (active-inactive) rule established...

By  Lynn L. Bergeson and Ligia Duarte Botelho, M.A. DOE’s EERE announced an FOA of up to $35 million for bioenergy feedstock technologies and algae R&D. This FOA supports the White House’s priority to advance the domestic bioeconomy and DOE’s Bioenergy Technologies Office’s (BTO) goal to improve the performance and lower the cost and risk of technologies that can be used to produce biofuels, biopower, and bioproducts. Topic areas include the...

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On December 14, 2020, DOE’s Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Programs Office issued its fiscal year (FY) 2021 Phase I Release 2 Funding Opportunity Announcement (FOA) for the SBIR and STTR Programs. Participating in the FOA are the following DOE program offices: Office of Cyber Security, Energy Security, and Emergency Response; Office of Defense Nuclear Nonproliferation;...

By  Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On December 17, 2020, the U.S. Department of Energy’s (DOE) Office of Energy Efficiency and Renewable Energy (EERE) announced the seven winners of Phase II of the Lithium-Ion Battery Recycling Prize. The prize is designed to facilitate innovative solutions to collecting, storing, and transporting discarded lithium-ion batteries for eventual recycling. Its goal is to develop processes that have the potential to capture 90...

By  Lynn L. Bergeson  EPA has posted a Compliance Advisory entitled “Applicability of the Toxic Substances Control Act to Chemicals made from Petroleum and Renewable Sources Used as Fuels and Fuel Additives and Distillates.” The Compliance Advisory states that EPA is reaffirming that chemical substances used as fuels, fuel additives, and distillates made from either petroleum or renewable sources are subject to TSCA. Anyone who plans to manufacture (including import) a...

By  Lynn L. Bergeson  On December 21, 2020, the U.S. Environmental Protection Agency (EPA) released a pre-publication notice of proposed updates to the Toxic Substances Control Act (TSCA) Fees Rule. Specifically, the proposed updates to the original 2018 TSCA Fees Rule include: Narrowing the scope of the rule by exempting importers of articles containing a chemical substance, companies that produce a chemical as a byproduct or manufacture or import as an impurity, companies that...

Dan Utech, Incoming Chief of Staff for the U.S. Environmental Protection Agency (EPA), announced to EPA on January 21, 2021, that until Michael Regan, Secretary of the North Carolina Department of Environmental Quality, is confirmed as EPA Administrator, Jane Nishida will serve as Acting Administrator.  In his announcement, Utech notes that on January 20, 2021, President Biden signed an Executive Order on Protecting Public Health and the Environment and Restoring Science to Tackle the...

By Lynn L. Bergeson On November 25, 2020, EPA announced the amendment of the Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) regulations by extending the submission deadline for 2020 reports. CDR submissions are now due on January 29, 2021. According to EPA, this is the final extension, and it only applies to 2020 submissions. CDR regulations require manufacturers of certain chemical substances included on the TSCA Chemical Substance Inventory to report data on the...

By Lynn L. Bergeson On November 18, 2020, U.S. Representatives Cheri Bustos (D-IL) and Jim Hagedorn (R-MN) introduced a bipartisan, bicameral legislation that aims to lower greenhouse gas (GHG) emissions and encourage low-carbon fuel production. Titled “The Streamlining Advanced Biofuels Registration Act,” this bill would eliminate existing barriers for biofuels plants to increase production of cellulosic biomass into renewable fuels. Representative Bustos criticized the lack of...

By Lynn L. Bergeson On November 13, 2020, DOE’s EERE announced that the Co-Optimization of Fuels & Engines (Co-Optima) initiative issued a call for white papers. The Co-Optima initiative focuses on the development of new high-performance fuels that, when combined with advanced combustion approaches, can increase energy efficiency and reduce the carbon footprint. The initiative is seeking white papers to leverage National Laboratory resources and overcome technical challenges to...

By Lynn L. Bergeson On November 12, 2020, DOE issued its multi-year Hydrogen Program Plan aimed at providing a strategic framework for its hydrogen research, development, and demonstration (RD&D) efforts. A coordinated departmental effort, the Hydrogen Program focuses on the advancement of affordable production, transport, storage, and use of hydrogen across different economy sectors. Offices involved in this plan include DOE’s EERE, FE, NE, and the Advanced Research Projects...

By Lynn L. Bergeson On November 9, 2020, the U.S. Department of Energy’s (DOE) Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs office issued topics for its Fiscal Year (FY) 2021 SBIR/STTR Phase I Release 2 Funding Opportunity Announcement (FOA). Participating in the FOA are the following program offices: Office of Cyber Security, Energy Security, and Emergency Response (CESER); Office of Defense Nuclear Nonproliferation (NNSA); Office...

By Lynn L. Bergeson On October 8, 2020, the European Commission (EC), under the European Union (EU) State aid rules, approved the prolongation of tax exemptions for biofuels in Sweden. Having exemptions for liquid biofuels from energy and carbon emissions taxation since 2002, Sweden’s scheme aims to increase biofuels use while reducing the fossil fuels use in transport. With EC’s decision, the tax exemption has now been prolonged by one year from January 1, 2021, until December...

By Lynn L. Bergeson The government of Manitoba, Canada, is currently working to amend three regulations under the Biofuels Act. The amendments will update Manitoba’s clean fuel standards by increasing the ethanol and renewable fuel content in gasoline. The proposed amendments include: “Ethanol General Regulation is amended to:   Include the latest fuel standards for ethanol blended gasoline;   Remove the quarterly reporting requirements of obligated entities; and...

After reading the article below by Jeffery Morris, former Director of the U.S. Environmental Protection Agency’s (EPA) Office of Pollution Prevention and Toxics (OPPT), we were inspired to post it. We appreciate having the opportunity to share his analysis with our audience. TSCA as a Gap-Filling Statute: Potentially Exposed and Susceptible Subpopulations By Jeffery Morris, PhD In its response to public comments on the scope documents for its next twenty chemical risk evaluations conducted...

By Lynn L. Bergeson On October 19, 2020, the U.S. Energy Information Administration (EIA) announced that, in 2019, renewable energy consumption levels in the United States increased for the fourth year in a row, reaching a record 11 percent of total energy consumption. Wood and waste energy, wood pellets, and biomass waste from landfills accounted for approximately 24 percent of U.S. renewable energy use. According to EIA, industrial, commercial, and electric power facilities use wood and...

By Lynn L. Bergeson On October 15, 2020, the U.S. Department of Energy (DOE) announced the availability of over $27 million in funding for 12 projects supporting research and development (R&D) efforts toward advanced plastics recycling technologies and new recyclable plastics. These efforts are part of DOE’s Plastics Innovation Challenge, which aims to improve existing recycling processes that break plastics down into chemical building blocks that can be used to make new products....

By Lynn L. Bergeson On October 8, 2020, Secretary of Agriculture, Sonny Perdue, announced that the U.S. Department of Agriculture (USDA) has made $22 million available in grants to increase sales of ethanol and biodiesel. The funds are coming out of the $100 million in grants available through the Higher Blends Infrastructure Incentive Program (HBIIP) and have been disbursed to 14 states. USDA predicts that the investments will increase ethanol demand by approximately 150 million gallons...

By Lynn L. Bergeson On October 30, 2020, the U.S. Food and Drug Administration (FDA) announced that it will host a virtual public meeting on the reauthorization of the Biosimilar User Fee Act (BsUFA) for fiscal years 2023 through 2027. Under BsUFA, FDA collects user fees to support its process for the review of biosimilar and biological products and the current legislative authority is set to expire in September 2022. At the aforementioned time, new legislation will be required for FDA to...

By Lynn L. Bergeson On October 20, 2020, Senator Jeff Merkley (D-OR) and Representative Mike Levin (D-CA) introduced in the U.S. Senate and the U.S. House of Representatives the Zero-Emission Vehicles At of 2020 (the Act). The Act would amend Part A of Title II of the Clean Air Act (CAA) to create a federal national zero-emission vehicle (ZEV) standard and address climate change by ending U.S. sales of new gasoline-powered vehicles in 2035. Senator Merkley and Representative Levin’s...

We are pleased to announce that the American Bar Association (ABA) Section of Environment, Energy, and Resources published an article written by Lynn L. Bergeson and Eve C. Gartner entitled “The essentials of TSCA practice” in the November/December 2020 issue of Trends.  According to the authors, legal practitioners should be aware of the commercial, legal, and reputational implications of the Toxic Substances Control Act (TSCA) as amended by the Frank R. Lautenberg Chemical Safety for...

After reading the article below by Jeffery Morris, former Director of the U.S. Environmental Protection Agency’s (EPA) Office of Pollution Prevention and Toxics (OPPT), we were inspired to post it.  We appreciate having the opportunity to share his analysis with our audience. TSCA as a Gap-Filling Statute:  Potentially Exposed and Susceptible Subpopulations By Jeffery Morris, PhD In its response to public comments on the scope documents for its next twenty chemical risk evaluations...

By Lynn L. Bergeson  On October 15, 2020, from 7:00 to 8:00 p.m. (EDT), ELI will hold a virtual award ceremony to honor Denis Hayes, an environmental activist and promoter of solar energy. Prior to the ceremony, a networking reception is scheduled on the same day from 5:30 to 7:00 p.m. (EDT), where attendees will have access to environmental professionals from across the United States and around the globe. Parties interested in attending one or both events can register here.

By Lynn L. Bergeson DOE has announced that the Biological and Environmental Research Advisory Committee (BERAC) will host digital public meetings on October 22 and 23, 2020, from 12:30 to 4:30 p.m. (EDT). BERAC provides advice to DOE’s Director of the Office of Science on scientific and technical issues that arise in the development and implementation of the Biological and Environmental Research Program. Tentative agenda topics published in the Federal Register notice include: BERAC...

By Lynn L. Bergeson On September 21, 2020, the U.S. Department of Agriculture (USDA) Rural Business-Cooperative Service announced that it is soliciting applications for funds available under the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program (the Program) to provide guaranteed loans to fund the construction, development, and retrofitting of commercial-scale biorefineries and of biobased product manufacturing facilities. Biorefineries applying must use...

By Lynn L. Bergeson On September 23, 2020, the U.S. House of Representatives agreed by a record vote of 229-187 to the passing of a bill titled “Clean Economy Jobs and Innovation Act.” The bill aims to increase energy efficiency and renewable energy to address climate change. The Clean Economy Jobs and Innovation Act creates R&D programs to reduce fossil fuel production through various energy sources. It also incentivizes innovation through grant programs in energy...

By Lynn L. Bergeson On September 29, 2020, EPA announced that it has submitted for review and approval an information collection request (ICR) on Anaerobic Digestion Facilities Processing Wasted Food to Support EPA’s Sustainable Materials Management Program and Sustainable Management of Food Efforts to the Office of Management and Budget (OMB). EPA’s Federal Register notice proposes the renewal of a previous ICR, which is currently approved through September 30, 2020. EPA had...

By Lynn L. Bergeson On September 10, 2020, DOE, the U.S. Department of Commerce (DOC), the U.S. Department of Defense (DoD), and the U.S. Department of State announced the launch of the Federal Consortium for Advanced Batteries (FCAB). FCAB was formed to accelerate the development of a secure, robust, domestic industrial base for advanced batteries. It provides a framework for cooperation and coordination among federal agencies that have a stake in developing such battery technology and...

By Lynn L. Bergeson In early September, the U.S. Department of Energy (DOE) Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Programs Office announced that from December 14 to 17, 2020, the Brookhaven National Laboratory will host a virtual workshop for industry researchers to showcase the capabilities and expertise available at DOE’s Office of Science User Facilities. Designed to benefit researchers who have either previously used the Brookhaven...

The U.S. Environmental Protection Agency (EPA) announced on September 24, 2020, the 2020 Safer Choice Partner of the Year award winners.  EPA recognized 18 Safer Choice Partner of the Year award winners across ten states and the District of Columbia for achievement in the design, manufacture, selection, and use of products with safer chemicals that furthers outstanding or innovative source reduction.  EPA states that the Safer Choice program helps consumers and purchasers for...

On September 14, 2020, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of a final rule establishing the procedures and requirements for how EPA will manage the issuance of guidance documents consistent with Executive Order (EO) 13891, “Promoting the Rule of Law Through Improved Agency Guidance Documents.” The final regulation provides a definition of guidance document for the purposes of this rule, establishes general requirements and procedures...