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...
November 6, 2020
DOE Announces Funding For Plastics Recycling R&D
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....
November 6, 2020
USDA Announces Grants To Increase Ethanol And Biodiesel Sales
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...
November 6, 2020
FDA Requests Comments On Reauthorization Of BsUFA
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...
November 4, 2020
Lynn L. Bergeson Co-Authors Article on Essentials of TSCA Practice
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...
October 2, 2020
USDA Announces Funding Through The Biorefinery, Renewable Chemical, And Biobased Product Manufacturi
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...
October 2, 2020
House Passes Clean Economy Jobs And Innovation Act
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...
October 2, 2020
EPA Extends Public Comment Period On ICR On Anaerobic Digestion Facilities Processing Wasted Food
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...
October 2, 2020
DOE, DOC, DoD, And Department Of State Announce FCAB
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...
October 2, 2020
DOE SBIR/STTR Programs Office Invites Researchers To Participate In December Workshop
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...
September 25, 2020
EPA Announces 2020 Safer Choice Partner of the Year Award Winners
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...
September 16, 2020
EPA Releases Final Rule Intended to Promote Transparency in Developing Regulatory Guidance Documents
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...
September 4, 2020
ELI To Host Webinar On Advanced Biofuels
By Lynn L. Bergeson On September 18, 2020, ELI will host a webinar titled “Advanced Biofuels: Fuel for the Future?” from 12:00 p.m. to 1:30 p.m. (EDT). The webinar, as implied by its title, will focus on the practical and policy challenges and opportunities facing advanced biofuels and the impacts of the coronavirus on biofuel production and research. Panelists may include: Lauren Helen Leyden, Partner, Akin Gump Strauss Hauer & Feld, L.L.P. (invited); Lynn McKay,...
September 4, 2020
UME Publishes Report On Economic Contribution Of The Biobased Economy In The State
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. The University of Minnesota Extension (UME) recently published a report titled “Economic Contribution of the Biobased Industrial Products Industry in Minnesota: 2019.” The report accounts for the economic impacts from the Minnesota Bioincentive Program enacted in 2015. Some of the key findings outlined by UME include but are not limited to the ones outlined below: In 2019, companies claiming the Minnesota Bioincentive...
September 4, 2020
ELI Report Looks At Trump Administration’s Impact On Environmental Law And Policy And What Lies Ahea
By Lynn L. Bergeson The Environmental Law Institute (ELI) recently released Environment 2021: What Comes Next?, a report that looks at the Trump Administration’s impact on environmental law and policy and what lies ahead. ELI states that the report is “a response to growing demand for analysis of how deregulatory initiatives by the Trump Administration will affect environmental protection, governance, and the rule of law with a focus on what might happen in a second Trump...
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On August 12, 2020, DOE issued an RFI to obtain industry, academia, and research community input on DOE’s hydrogen and fuel cells R&D and demonstration activities and strategies, including its H2@Scale initiative. DOE hopes that feedback received will help its Hydrogen and Fuel Cell Technologies Office’s (HFTO) research priorities and goals to ensure that they address current and future needs of the hydrogen and...
September 4, 2020
DOE REMADE Manufacturing Institute Issues RFP To Address Recycling, Reuse, And Remanufacturing Chall
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On August 17, 2020, DOE’s Reducing EMbodied-Energy and Decreasing Emissions (REMADE) Manufacturing Institute announced the availability of approximately $35 million in support of research and development (R&D) that will enable U.S. manufacturers to increase the recovery, recycling, reuse, and remanufacturing of plastics, metals, electronic waste, and fibers. This funding opportunity announcement (FOA) is part of...
September 4, 2020
DOE Announces RFI For Materials That Can Withstand Harsh Environments
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On August 19, 2020, the U.S. Department of Energy’s (DOE) Office of Energy Efficiency & Renewable Energy (EERE) issued a request for information (RFI) on advances in components, systems, and products that can withstand harsh environments and extended service lifetimes. According to DOE, equipment used in the American energy sector often encounters material stability and durability challenges due to high-temperature,...
The U.S. Environmental Protection Agency (EPA) announced on August 17, 2020, that it is accepting nominations for the 2021 Green Chemistry Challenge Awards. EPA intends these awards to recognize innovation by American businesses and researchers that redesign chemical products and processes to reduce or eliminate the use and manufacture of hazardous substances. The 2021 Green Chemistry Challenge Awards nomination package is now available, and nominations are due December 4, 2020. EPA...
On August 17, 2020, the U.S. Environmental Protection Agency’s (EPA) Office of Inspector General (OIG) published a report entitled Lack of Planning Risks EPA’s Ability to Meet Toxic Substances Control Act Deadlines. OIG conducted the audit to determine whether EPA met the deadlines already imposed by the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act) in 2016, which amended the Toxic Substances Control Act (TSCA), and has the staff, resources, and...
August 7, 2020
B&C To Present At PSX Virtual Conference In September 2020
Bergeson & Campbell, P.C.’s (B&C®) Karin F. Baron, MSPH, and Richard E. Engler, Ph.D., will present “Evaluating New Chemicals and Disconnects in Hazard Communication” during this year’s virtual PSX Conference from September 15 to 17, 2020. Ms. Baron is a Senior Regulatory Consultant with B&C and has more than 15 years of experience developing, implementing, and managing complex chemical regulatory compliance matters for industrial...
August 7, 2020
ACS Announces Call For Symposia For Its 25th Annual GC&E
By Lynn L. Bergeson ACS has also recently announced a call for symposia topics for its 25th GC&E conference mentioned in the article above. The theme of the conference is “Sustainable Production to Advance the Circular Economy,” which directly links to the United Nations (U.N.) Sustainable Development Goal 12: Responsible Consumption and Production. The proposal submission deadline is October 9, 2020, and notifications of acceptance will be announced by November 20, 2020.
August 7, 2020
ACS Opens Call For Nominations For SC&E Lectureship Awards
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. The American Chemical Society (ACS) has announced its 2021 call for nominations for the ACS Sustainable Chemistry and Engineering (SC&E) Lectureship Awards. The awards will recognize the contributions of early career investigators from around the world who are doing exceptional research impacting sustainability, green chemistry, or green engineering. One award recipient will be chosen from three regions: the Americas, Europe/Middle...
August 7, 2020
DOE Announces Funding For Small Business R&D
By Lynn L. Bergeson On July 14, 2020, DOE EERE announced that it will fund approximately $53 million to 49 new SBIR and STTR R&D projects. The selected projects will receive Phase II Release 2 grants for principal R&D efforts based on the technical feasibility demonstrated in Phase I projects. Phase II awards range up to $1,500,000 for two years. Further information about the awardees can be found here.
By Lynn L. Bergeson On July 13, 2020, DOE’s Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Programs Office (SBIR/STTR Programs Office) issued topics for its FY 2021 SBIR/STTS Phase I Release 1 Funding Opportunity Announcement (FOA). The topics are available online. DOE participating program offices include the Office of Science’s (SC) Office of Advanced Scientific Computing Research (ASCR), Office of Basic Energy Sciences (BES), Office...
August 7, 2020
DOE Selects R&D Projects In The Biomanufacturing Sector
By Lynn L. Bergeson On July 10, 2020, DOE EERE announced that it has selected eight projects totaling more than $5 million to conduct R&D needed to accelerate the U.S. biomanufacturing sector. These projects are a part of the Agile BioFoundry (ABF) consortium and will leverage National Laboratory capabilities to address challenges in biomanufacturing. Each of these ABF selected projects has been invited to collaborate with National Laboratory research facilities to conduct their...
August 7, 2020
USDA Requests Comments On Update To Bioengineered Foods List
By Lynn L. Bergeson On July 24, 2020, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) announced its solicitation for comments and feedback on recommendations to update the List of Bioengineered Foods as it pertains to the National Bioengineered Food Disclosure Standard. Comments are due by August 24, 2020.
August 7, 2020
FDA DHHS Announces 2021 Biosimilar User Fee Rates
By Lynn L. Bergeson On August 4, 2020, the U.S. Food and Drug Administration (FDA) Department of Health and Human Services (DHHS) announced the rates for biosimilar user fees for fiscal year (FY) 2021. The fees assessed are used by FDA for certain activities in connection with biosimilar biological product development, review of applications for approval of biosimilar biological products, and approval of product applications. The established fees will apply from October 1, 2020, through...
August 7, 2020
DOE Announces $64 Million In Funding For H2@Scale Projects
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On July 20, 2020, DOE announced that approximately $64 Million in funding for 18 projects to advance the H2@Scale vision. H2@Scale is a concept that explores the potential for wide-scale hydrogen production and utilization in the United States to enable resiliency of the power generation and transmission sectors while aligning diverse domestic industries, competitiveness, and job creation. Funded through DOE’s Office of Energy Efficiency...
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On July 23, 2020, the National Defense Authorization Act (NDAA) was passed by the U.S. Senate; it includes the bipartisan Sustainable Chemistry Research and Development Act of 2019, led by U.S. Senators Chris Coons (D-DE) and co-sponsored by Senators Susan Collins (R-ME), Amy Klobuchar (D-MN), and Shelley Moore Capito (R-WV). Introduced to the Senate in December 2019, the Sustainable Chemistry Research and Development Act of 2019 establishes an...
By Lynn L. Bergeson On August 4, 2020, U.S. Senators Joni Ernst (R-IA) and Chuck Grassley (R-IA) voted against Mark Menezes, who is nominated to become Deputy Secretary of Energy. In a statement, both Senators said that “[g]iven the uncertainty with the ‘gap year’ small refinery waivers, the wasted time and resources to score the waivers again, the lack of transparency in the entire process, and most importantly, the toll this has taken on Iowa’s farmers and biofuel...
July 14, 2020
EPA OIG Finds Safer Choice Program Would Benefit from Formal Goals and Additional Oversight
On June 30, 2020, the U.S. Environmental Protection Agency (EPA) Office of Inspector General (OIG) released a report on its audit to determine whether the Safer Choice program effectively meets its goals and whether the program achieves quality standards through its product qualification, renewal, and required audit processes. OIG states that EPA’s Safer Choice program does not have formal goals included in the fiscal year (FY) 2018-2022 EPA Strategic Plan, and the program has not reported...
July 3, 2020
BIO Announces Start-Up Competition Prize Winners
By Lynn L. Bergeson On June 26, 2020, the Biotechnology Innovation Organization (BIO), a Biobased and Renewable Products Advocacy Group (BRAG®) member, announced the winners of its 2020 Start-Up Stadium competition. The competition had 30 finalists that were evaluated during BIO Digital in June, by expert judges with backgrounds in investment, entrepreneurship, start-ups, economic development, capital formation, and academia. Five winners were chosen based on their commercially viable...
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On July 2, 2020, DOE announced that it has selected seven projects to conduct R&D to accelerate the adoption of performance-advantaged biofuel blendstocks. A total of $1.94 million in funding is available for the projects, which will leverage National Laboratory capabilities as part of the Co-Optimization of Fuels & Engines (Co-Optima) initiative. The Co-Optima initiative focuses on simultaneous innovations in fuels and engines that can...
By Lynn L. Bergeson On July 1, 2020, DOE’s EERE announced that the Oak Ridge National Laboratory (ORNL) issued a Notice of Opportunity (NOO) providing small businesses and other industry partners with more affordable access to ORNL’s Building Technologies Research and Integration Center (BTRIC). The NOO allows small businesses to undertake collaborative, short-term R&D projects that accelerate the development of new energy-efficient building technologies. Funded by DOE’s...
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On July 1, 2020, DOE’s EERE announced a request for proposals (RFP) for R&D projects that support DOE’s H2@Scale vision for large-scale, affordable hydrogen production, storage, distribution, and utilization across various sectors. H2@Scale is an initiative focused on exploring the potential for wide-scale hydrogen production and utilization in the United States to enable resilience and sustainability of the power generation and...
July 3, 2020
House Select Committee On Climate Crisis Publishes Report On Action Plan For A Clean Energy Economy
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. This June, the House Select Committee on Climate Crisis released a report titled “Solving the Climate Crisis: The Congressional Action Plan for a Clean Energy Economy and a Healthy, Resilient, and Just America.” Providing a road map for Congress to follow, the action plan has three main goals: Reaching 100 percent clean, net zero emissions economy-wide in the U.S. by 2050; Establishing ambitious interim targets to assess...
By Lynn L. Bergeson On June 29, 2020, the United States (U.S.) Department of Energy’s (DOE) Office of Energy Efficiency and Renewable Energy (EERE) published a request for information (RFI) on challenges and opportunities in the up- and mid-stream critical materials battery supply chains. As demand for critical materials such as lithium and cobalt for the manufacturing of batteries continues to grow, DOE is seeking ways to reduce U.S. dependence on critical materials. According to...
By Lynn L. Bergeson and Carla N. Hutton On June 16, 2020, the U.S. Environmental Protection Agency (EPA) announced the winners of the 2020 Green Chemistry Challenge Awards. EPA states that this year’s winners “have developed new and innovative green chemistry technologies that turn potential environmental challenges into business opportunities, spurring innovation and economic development.” The 2020 winners and their innovative technologies are: Genomatica,...
By Lynn L. Bergeson From June 15-19, 2020, the American Chemical Society (ACS) will be hosting its annual Green Chemistry and Engineering (GC&E) Conference virtually. On June 15, 2020, from 1:00 p.m. to 4:30 p.m. (EDT), during the “Enabling a Circular Economy for Materials in the Consumer Goods Industry,” Richard E. Engler, Ph.D., B&C’s Director of Chemistry, will proudly present his abstract titled “Road-map for Innovators - Commercialization in a Circular...
By Lynn L. Bergeson On June 4, 2020, the Missouri Agricultural and Small Business Development Authority (MASBDA) announced the creation of the Biofuel Infrastructure Program (BIP). Designed to increase the availability of higher blends of ethanol and biodiesel in Missouri, BIP partners with private entities to support biofuel producers in applying for U.S. Department of Agriculture (USDA) Rural Development’s Higher Blends Infrastructure Investment Program (HBIIP) funding. The MASBDA Board...
By Lynn L. Bergeson On June 11, 2020, the U.S. Environmental Protection Agency (EPA) announced that its Pollution Prevention (P2) Awards Program is planning to submit an information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval. Before proceeding with the ICR, however, EPA is soliciting public comments on specific aspects of the proposed ICR. EPA’s P2 Program consists of a voluntary program that encourages businesses and facilities to adopt...
By Lynn L. Bergeson On June 30, 2020, from 9:00 a.m. to 5:30 p.m. (EDT),the U.S. Food and Drug Administration (FDA) will host a free regulatory training for industry on bioanalysis requirements and expectations. Focused on how FDA’s Center for Drug Evaluation and Research (CDER) approaches various issues in bioanalysis, the workshop aims to provide participants with a better understanding of how FDA performs bioanalysis. Topics to be covered, among others, include: Bioanalytical method...
By Lynn L. Bergeson On June 3, 2020, the U.S. Department of Energy (DOE) Office of Energy Efficiency and Renewable Energy (EERE) announced that it will be hosting a public virtual workshop titled “Workshop on Predictive Models and High Performance Computing as Tools to Accelerate the Scaling-up of New Bio-Based Fuels.” The goal is to determine if predictive models and high performance computing can and should be used to reduce biotechnology uncertainty and accelerate scaling-up of...
By Lynn L. Bergeson EPA announced on June 1, 2020, the availability of the latest Toxic Substances Control Act (TSCA) Inventory. EPA notes that this biannual update to the public TSCA Inventory is part of its regular posting of non-confidential TSCA Inventory data. EPA plans the next regular update of the Inventory for early 2021. According to EPA, the Inventory contains 86,405 chemicals, of which 41,587 are active in the United States commerce. Other updates to the TSCA Inventory include...