B&C® Biobased and Sustainable Chemicals Blog

By Lynn L. Bergeson On July 22, 2019, the United Kingdom (U.K.) Department for Business, Energy and Industrial Strategy and Department for Environment, Food and Rural Affairs announced an open consultation for the development of standards for biodegradable, compostable, and biobased plastics. The consultation welcomes views from any interested parties to identify gaps and provide expert advice on: The overall sustainability of biobased and biodegradable plastic products in comparison with other...

By Lynn L. Bergeson On July 23, 2019, DOE announced its recognition of Gundersen Health System (Gundersen), a Better Buildings Alliance (BBA) partner, for its portfolio-wide energy efficiency advances at its Sparta Clinic in Sparta, Wisconsin. Gundersen, as part of its Envision Sustainability Program, continues to pursue energy efficiency through low-energy design standards and renewable energy combined. According to DOE, since 2008, Gundersen has saved over $11 million dollars through energy...

By Lynn L. Bergeson On July 22, 2019, the U.S. Department of Energy (DOE) Office of Energy Efficiency and Renewable Energy (EERE) highlighted small businesses funding under the Small Business Innovation Research (SBIR) program. Having received $43.6 million in funding from DOE thus far, small businesses continue to grow as DOE announces Phase II awards. Last week, DOE announced Phase II Release grants that demonstrate commercial feasibility for innovations during the second phase of small...

By Lynn L. Bergeson On July 8, 2019, the National Corn Growers Association (NCGA) announced the winners of the Consider Corn Challenge II, a challenge intended to highlight the range of biobased materials that can be produced with field corn feedstock. The three winners included: ExoPolymer, Inc. for a plan to create a new profile of customizable, polysaccharide-based hydrocolloids that are domestically produced by microbial fermentation using corn sugar as a feedstock. These new hydrocolloids...

By Lynn L. Bergeson On July 12, 2019, the House Renewable Energy & Energy Efficiency Caucus and the Environmental and Energy Study Institute co-hosted the 22nd Annual Congressional Renewable Energy and Energy Efficiency EXPO and Policy Forum. The forum brought together government agencies, businesses, and trade associations to showcase renewable energy technologies and discus sustainable public policy options. Ruth McCormick, Director, Federal and State Affairs, Business Council for...

By Lynn L. Bergeson On July 10, 2019, the U.S. Department of Energy (DOE) announced that researchers at Pacific Northwest National Laboratory (PNNL) have developed a model that predicts commercial biocrude outcomes from algae hydrothermal liquefaction (HTL) significantly more accurately than previous analyses. “Techno-economic uncertainty quantification of algal-derived biocrude via hydrothermal liquefaction,” funded by DOE’s Energy Efficiency and Renewable Energy’s...

By Lynn L. Bergeson On July 10, 2019, Senators Chris Coons (D-DE) and Tom Cotton (R-AR) and Representatives Steve Stivers (R-OH) and Bill Foster (D-IL) reintroduced the STRONGER (Support Technology & Research for Our Nation’s Growth and Economic Resilience) Patents Act of 2019. This legislation, an improvement on legislation introduced last year under the same name, would reform the inter partes post-grant review process, ensure all fees paid to the Patent and Trademark Office (PTO)...

By Lynn L. Bergeson On June 27, 2019, the Government of Canada’s Natural Resources Canada (NRCan) opened the application process for a grant to develop next generation biobased foam insulation products. Called the Plastics Challenge, this funding opportunity seeks solutions that result in foam insulation products (either spray foam or rigid foam board) that: Are predominantly derived from Canadian forest residue;   Have similar insulation values (within 20 percent) as currently...

By Lynn L. Bergeson On June 28, 2019, 13 U.S. Senators signed a letter to President Donald J. Trump expressing concerns about media reports that USDA Secretary Sonny Purdue is attempting to influence EPA decisions on small refinery waivers under RFS. Similar to the letter submitted to Purdue himself by Senator Kennedy, the 13 Senators express opposition to Secretary Purdue’s involvement in the SRE waivers decision-making process. Also referencing the Clean Air Act and its statutory...

By Lynn L. Bergeson On June 27, 2019, U.S. Senator John Kennedy (R-LA) submitted a letter to USDA Secretary Sonny Purdue asking him to stop threatening energy jobs in Louisiana. In his letter to Secretary Purdue, Senator Kennedy outlines concerns related to Small Refinery Exemptions (SRE) issued by EPA under the RFS program. Of particular concern to Senator Kennedy are reports that Secretary Purdue continues to attempt to influence EPA decisions on small refinery waivers, despite clear measures...

By Lynn L. Bergeson On June 27, 2019, the California Air Resources Board (CARB) approved a rule requiring the gradual transition of fixed-route airport shuttles into 100 percent zero-emission vehicles (ZEV) by 2035. Applied to public and private shuttles that serve the state’s 13 largest airports, including rental car agencies, hotels, and parking facilities, the regulation was approved with an expectation to reduce greenhouse gas (GHG) emissions by at least 500,000 metric tons. According...

By Lynn L. Bergeson On July 5, 2019, EPA Administrator Andrew Wheeler signed a proposed rule to set the minimum amount of renewable fuels that must be supplied to the market in 2020, as well as the biomass-based diesel volume standard for 2021 under the Renewable Fuel Standards (RFS) program. The notice means that EPA is on target to publish the final RFS Renewable Volume Obligations (RVO) on time. In Wheeler’s announcement, he highlights that its timeliness contrasts with the Obama...

By Lynn L. Bergeson The U.S. Environmental Protection Agency (EPA) published a Federal Register notice on June 28, 2019, announcing that the EPA Safer Choice Program is accepting submissions for its 2019 Safer Choice Partner of the Year Awards. The Safer Choice Program partners with businesses and others to help consumers and commercial buyers identify products with safer chemical ingredients, “without sacrificing quality or performance.” Toward this end, according to EPA, the Safer...

The U.S. Department of Agriculture’s (USDA) Office of Procurement and Property Management published a final rule on July 5, 2019, that will amend the Guidelines for Designating Biobased Products for Federal Procurement (Guidelines) to add 30 sections designating the product categories within which biobased products would be afforded procurement preference by federal agencies and their contractors. 84 Fed. Reg. 32015. These 30 product categories contain finished products that are...

Bergeson & Campbell, P.C. (B&C®) would like to thank all of the participants that made “TSCA: Three Years Later” such a success. Speakers, including Alexandra Dapolito Dunn, Assistant Administrator, OCSPP, EPA, and Lynn R. Goldman, M.D., M.S., M.P.H., Michael and Lori Milken Dean and Professor of Environmental and Occupational Health at Milken Institute School of Public Health, George Washington University, provided timely insights into EPA’s implementation of the...

By Lynn L. Bergeson On June 18, 2019, Neste, a Biobased and Renewable Products Advocacy Group (BRAG®) member, and LyondellBassell announced the first commercial scale parallel production of biobased polypropylene and biobased low-density polyethylene. This project used Neste’s renewable hydrocarbons, derived from sustainable biobased raw materials, such as waste and residue oils, to produce food packaging bioplastics marked as Circulen and Circulen Plus by LyondellBasell. "We are...

By Lynn L. Bergeson On June 28, 2019, the California Department of Toxic Substances Control (DTSC) will host the first public workshop on 1,4-Dioxane in Personal Care and Cleaning Products. 1,4-Dioxane, a solvent and stabilizer for chlorinated solvents, which is produced from both petroleum sources and from biobased ethylene oxide, has been identified by DTSC as a likely human carcinogen and an emerging contaminant found in beauty, personal care, hygiene, and cleaning products. DTSC is...

By Lynn L. Bergeson On June 20, 2019, Reuters reported that President Trump directed members of his Cabinet to review EPA’s expanded use of waivers exempting small refineries from the Renewable Fuel Standard (RFS). This decision came after Trump traveled to the Midwest to promote the Administration’s decision to lift a ban on summer sales of E15 and farmers warned that increases in smaller refinery exemptions functionally negated the expected benefits of E15 sales. RFS has become...

By Lynn L. Bergeson On June 18, 2019, Representative Mike Thompson, (D-CA), Chair of the House Ways and Means Subcommittee on Select Revenue Measures, introduced the Taxpayer Certainty and Disaster Tax Relief Act of 2019. The bill includes: An extension of the $1-per-gallon tax credit for biodiesel and biodiesel mixtures;   An extension of the small argi-biodiesel producer credit of 10 cents per gallon through 2020;   An extension of the second generation biofuel producer credit...

By Lynn L. Bergeson An Executive Order (EO) issued by President Trump on June 14, 2019, would require all federal agencies and departments to evaluate the need for their current advisory committees established under Section 9(a)(2) of the Federal Advisory Committee Act (FACA).    Entitled “Executive Order on Evaluating and Improving the Utility of Federal Advisory Committees,” the EO also would require each federal agency to terminate at least one-third of its current...

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. In June 2019, the European Commission (EC) Technical Expert Group (TEG) on Sustainable Finance, published its Report on EU Green Bond Standard. The report proposes the creation of a European Union (EU) Green Bond Standard (EU-GBS) to address barriers to market development of green financial products. Also proposing the establishment of a framework to facilitate sustainable investment -- “Taxonomy Regulation” -- TEG makes ten...

By Lynn L. Bergeson On June 14, 2019, U.S. Senators Deb Fischer (R-NE) and Tammy Duckworth (D-IL) introduced the Renewable Fuel Standard (RFS) Integrity Act of 2019. This Act aims at increasing transparency and predictability to the U.S. Environmental Protection Agency’s (EPA) small refinery exemption process under the RFS program. Requiring small refineries to petition for exemptions by June 1 of each year, according to the two leaders, this legislation would hold EPA accountable for...

By Lynn L. Bergeson On June 13, 2019, the U.S. Department of Energy (DOE) announced the launch of the first stage of the Waves to Water Prize. A competition seeking to accelerate the development of wave energy powered desalination systems and address water security, the prize consists of four stages. The first concept stage is now open for applications until September 11, 2019. U.S. Under Secretary of Energy, Mark W. Menezes, stated that “[t]he start of the Waves to Water Prize marks an...

The Environmental Defense Fund (EDF) announced on June 17, 2019, a report entitled Toxic Consequences:  Trump’s attacks on chemical safety put our health at risk.  EDF notes that “[c]oncern over toxic exposures and a lack of confidence in the badly outdated chemical safety system” led to Congress passing the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act) to reform the Toxic Substances Control Act (TSCA).  The bipartisan bill...

By Lynn L. Bergeson On May 31, 2019, the Federation of Petroleum Suppliers (FPS) launched Clean Growth Future Vision, a document outlining FPS’ vision for cutting carbon through the development of biofuels. FPS is a trade association for the liquid fuels distribution industry and ancillary interests in the United Kingdom (UK) and the Republic of Ireland. FPS urges the government to be technology neutral and to consider options other than electrification. Guy Pulham, FPS’ Chief...

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. Recently, the State of New Jersey released its draft 2019 Environmental Management Plan (EMP), which aims to achieve 100 percent carbon neutral electricity generation and maximum transition to electrification of the building and transportation sectors by 2050. In addition to these goals, New Jersey also intends to reduce GHG emissions to meet the New Jersey Global Warming Response Act (GWRA) GHG limits. GWRA’s 2050 target requires that New...

By Lynn L. Bergeson On June 7, 2019, DOE’s Energy Efficiency and Renewable Energy (EERE) Office published in the Federal Register a notice requesting the nomination for candidates to fill vacancies on the Biomass Research and Development (R&D) Technical Advisory Committee. Nominations are being accepted until June 30, 2019, and require the nominee’s name, resume, biography, and any letters of support available. The Committee advises DOE and USDA points of contact with respect to...

By Lynn L. Bergeson On June 3, 2019, the U.S. Government Accountability Office (GAO) released a report to the U.S. Senate on the Renewable Fuel Standard’s (RFS) program effects on gas prices and greenhouse gas (GHG) emissions. Titled Renewable Fuel Standard: Information on Likely Program Effects on Gasoline Prices and Greenhouse Gas Emissions, the report suggests that increases in gas prices outside of the Midwest (which have now diminished) were associated with the nationwide RFS, and...

By Lynn L. Bergeson On June 3, 2019, 19 members of Congress submitted a letter to U.S. Speaker of the House, Nancy Pelosi (D-CA), and Chair of the House Committee on Ways & Means, Richard Neal (D-MA), addressing the expired Second-Generation Biofuel Producer Tax Credit, the Special Depreciation Allowance for Second-Generation Biofuel Plant Property, and the Alternative Fuel Vehicle Refueling Property Credits. Urging Congress to take action on the extension of these tax credits, the letter...

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On June 10, 2019, the U.S. Environmental Protection Agency (EPA) hosted the Green Chemistry Challenge Awards Ceremony, where four awards were given to academics, scientists, and business innovators across the industry sector. Promoting environmental and economic benefits of developments in green chemistry, EPA, in partnership with the American Chemical Society (ACS) Green Chemistry Institute granted four awards. Congratulated by EPA Assistant...

By Lynn L. Bergeson On June 5, 2019, the U.S. Department of Energy (DOE) Bioenergy Technologies Office (BETO) announced the Conversion-Ready Feedstock Webinar Series. These webinars will be primarily educational to showcase research strategies that enable biomass feedstock management variability and supply chain improvements in biomass quality and consistency. Two webinar sessions will be part of this series.  The first webinar was held on June 13, 2019, and the second webinar will be held...

By Lynn L. Bergeson The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) issued a proposed rule on June 6, 2019, on the movement of certain genetically engineered (GE) organisms.  84 Fed. Reg. 26514.  The proposed rule would revise the regulations regarding the movement, including the importation, interstate movement, and environmental release of certain GE organisms in response to advances in genetic engineering and APHIS’...

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On May 31, 2019, the Brazilian government’s Ministry of Energy’s Empresa de Pesquisa Energética (EPE -- Energy Research Company) held an auction for the supply of sustainable energy and biofuel sources for the State of Roraima’s capital, Boa Vista, and its neighboring areas. A federal energy company, EPE provides the Ministry of Energy with R&D services designed for subsidies of the energy sector, covering...

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. The African Agricultural Technology Foundation (AATF) has negotiated with patent holders to make genetically modified (GM) seeds available at the right time, price, and place to international and African-based technology owners. A business model provided by AATF and its partners, this initiative, called Seeds2B Project (Seeds2B), enables these business owners with the appropriate technologies to license their products to seed companies in...

By Lynn L. Bergeson On June 2, 2019, the International Air Transport Association (IATA) announced the approval, by the IATA 75th Annual General Meeting (AGM), of the United Nations’ (UN) International Civil Aviation Organization (ICAO) resolution, which calls governments to continue work on the implementation of the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). The first global carbon pricing instrument for an industry sector, CORSIA will cap carbon dioxide...

By Lynn L. Bergeson Two food-producing companies have jointly launched an initiative to drive the adoption of products and services on-farm at scale to increase sustainability on Earth. The initiative invites companies and entrepreneurs with new and emerging on-farm sustainability products and services, focused on greenhouse gases (GHG) reduction, to submit solutions to the leading companies’ experts. In August 2019, participants will be selected to present their solutions to an audience...

By Lynn L. Bergeson On June 3, 2019, DOE announced a joint Call for Proposals for an opportunity to win $2 million in available funding for the advancement of geothermal research and development (R&D) through a partnership with more than 12 European countries. DOE is a member of a transnational consortium called GEOTHERMICA, which combines financial resources and research expertise to demonstrate and validate new concepts in geothermal energy use. The U.S. geothermal community will have the...

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On May 30, 2019, DOE also announced the release of GeoVision: Harnessing the Heat Beneath Our Feet, an analysis on how the U.S. can benefit from the potential of geothermal energy. The report summarizes findings that show geothermal electricity generation could increase more than 26-fold from today. Geothermal energy has the potential to reach 60 gigawatts (GW) of installed capacity (a 6GW growth) by 2050, including the provision of heating and...

By Lynn L. Bergeson On May 30, 2019, the U.S. Department of Energy’s (DOE) Office of Energy Efficiency and Renewable Energy (EERE) announced that its Argonne National Laboratory (ANL) released an updated version of an online computer model meant to help bioenergy developers to preserve water. Called Water Analysis Tool for Energy Resources (WATER), this online tool provides in-depth analysis of water consumption used in the development of bioenergy. Designed for industry leaders,...

By Lynn L. Bergeson On May 30, 2019, the U.S. Environmental Protection Agency (EPA) released in final the regulatory changes allowing gasoline blended with up to 15 percent ethanol (E15) to take advantage of the 1-psi Reid Vapor Pressure (RVP) waiver that applies to E10 during the summer months. This means that E15 can now be sold year-round in the U.S. without additional RVP control rather than just eight months of the year. EPA also released in final the rulemaking regulatory changes to modify...

By Lynn L. Bergeson On May 22, 2019, DOE EERE announced Ohio State University’s year one win of the EcoCAR Mobility Challenge.  The EcoCAR competition, a four-year collegiate engineering competition focused on advancing energy technologies in the transportation sector, challenges universities to apply advanced propulsion systems, electrification, and other innovative technologies to transform their vehicles from design concept into reality.  Sponsored by General Motors and...

By Lynn L. Bergeson On May 22, 2019, Senator Ron Wyden (D-OR) introduced a bill (S. 1614) to amend the Clean Air Act (CAA) to modify the definition of “renewable biomass” under the Renewable Fuel Standard (RFS).  The CAA currently prohibits the use of biomass from federal lands in the making of renewable fuels as defined by the RFS.  The bill would allow the use of biomass from certain federal lands needing ecological restoration in the making of renewable fuels.  The...

By Lynn L. Bergeson On May 29, 2019, DOE EERE’s BETO reminded funding applicants of the upcoming deadline for concept paper submissions for a $79 million funding opportunity for bioenergy research and development (R&D): June 3, 2019. In support of DOE’s goal to provide consumers and businesses with a range of domestic energy options that are affordable, reliable, and secure, this funding opportunity announcement focuses on advancing BETO’s objectives. It includes biopower,...

By Lynn L. Bergeson On May 28, 2019, the U.S. Department of Energy (DOE) Office of Energy Efficiency and Renewable Energy’s (EERE) Bioenergy Technologies Office (BETO) announced that, in partnership with its National Laboratories, it is dedicating the months of May and June to the public exploration of renewable biomass feedstocks used for the production of biofuels, bioproducts, and biopower in support of the U.S. bioeconomy. This means that during the months of May and June 2019, BETO...

I am so pleased to present a very special guest this week, the Assistant Administrator for EPA's Office of Chemical Safety and Pollution Prevention (OCSPP):  Alexandra Dunn.  Alex’s professional training could not be more perfect.  Alex is a lawyer and has practiced in both the private and non-profit sectors.  Alex has taught environmental law at several law schools and, while Dean of Environmental Law Programs at the Elisabeth Haub School of Law at Pace University, focused...

On June 11-13, 2019, the ACS Green Chemistry Institute® will host the 23rd Annual Green Chemistry and Engineering Conference and the 9th International Conference on Green and Sustainable Chemistry.  The Conference will be held right outside of Washington D.C. in Reston, Virginia, and will focus on the theme of “Closing the Loop” in the chemical life cycle.  With over three days of programming, the Conference offers more than 40 technical sessions in seven concurrent...

By Lynn L. Bergeson On June 10, 2019, at 5:00 p.m., the American Chemical Society (ACS) will hold the 2019 Green Chemistry Challenge Awards ceremony in Washington, D.C.  Sponsored by EPA’s OCSPP, in partnership with the ACS Green Chemistry Institute® and members of the chemical community, these prestigious annual awards recognize chemical technologies that incorporate the principles of green chemistry into chemical design, manufacture, and use.  If you are interested in...

By Lynn L. Bergeson On May 15, 2019, the California Energy Commission (CEC) approved approximately $11 million for clean energy demonstration projects that include biofuels, renewable gas, and microgrids. Funded by CEC’s Alternative and Renewable Fuels and Vehicle Technology Program, in support of clean transportation innovation, $2 million from the total funds have been approved for technology and investment solutions in hopes of demonstrating cost-effective and more sustainable processes...

By Lynn L. Bergeson On May 22, 2019, the U.S. Food and Drug Administration’s (FDA) Department of Health and Human Services (HHS) announced via the Federal Register the availability of a draft guidance for industry titled “Development of Therapeutic Protein Biosimilars: Comparative Analytical Assessment and Other Quality-Related Considerations.” The draft guidance is a revision of the 2015 guidance titled “Quality Considerations in Demonstrating Biosimilarity of a...

By Lynn L. Bergeson On May 20, 2019, U.S. Energy Secretary, Rick Perry, announced that DOE’s EERE will be awarding up to $46 million in grants to small businesses funded through DOE’s Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs for Phase I research and development (R&D). DOE will award 231 grants to 202 small businesses in 39 states and the District of Columbia (DC). Phase I grants provide small businesses with the opportunity...