B&C® Biobased and Sustainable Chemicals Blog

By Lynn L. Bergeson On May 16, 2019, the U.S. Department of Energy (DOE) released the 2019 Better Buildings Report, announcing the progress made by public- and private-sector organizations that participate in DOE’s Office of Energy Efficiency and Renewable Energy’s (EERE) Better Buildings Initiative. Aimed at improving U.S. energy efficiency, partners in the Better Building Initiative represent 32 of the country’s Fortune 100 companies, 12 of the top 25 U.S. employers, 12...

By Lynn L. Bergeson On May 21, 2019, EPA announced a new version of a mapping tool designed to assist in the reduction of food waste by displaying facility-specific information about potential generators and recipients of excess food. According to EPA, the Excess Food Opportunities Map serves as an online “matching” service, linking, for example, owners of anaerobic digestion facilities with people looking to dispose of organic waste, including excess food. These anaerobic digestion...

By Lynn L. Bergeson On May 20, 2019, the U.S. Environmental Protection Agency (EPA) announced that on May 30, 2019, it will begin publishing Toxic Substances Control Act (TSCA) Section 5 notices, including premanufacture notices (PMN), microbial commercial activity notices (MCAN), and significant new use notices (SNUN), their attachments, including any health and safety studies, any modifications thereto, and all other associated information in ChemView -- in the form they are received by EPA,...

Register Today Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health are pleased to present the one day conference “TSCA: Three Years Later” on June 24, 2019. Panelists Alexandra Dunn, Assistant Administrator, Office of Chemical Safety and Pollution Prevention (OCSPP), U.S. Environmental Protection Agency (EPA), and Lynn R. Goldman, Michael and Lori Milken Dean and...

By Lynn L. Bergeson On May 15, 2019, Neste, a Biobased and Renewable Products Advocacy Group (BRAG®) member, announced the introduction of a sustainable menu to be served on Zero Island. A Neste initiative to find sustainable solutions for building a fossil-free future for an island, Zero Island is located in the Swedish archipelago. The newly developed menu, also known as the Zero Menu, has been developed with renowned chef Jonas Svensson, taking into consideration not only what is served...

By Lynn L. Bergeson On May 15, 2019, DOE EERE’s BETO announced the deadline for concept paper submissions for a $79 million funding opportunity for bioenergy research and development (R&D): June 3, 2019. This funding opportunity includes biopower, biofuels, and bioproducts, aiming to reduce the price of drop-in biofuels, lower the cost of biopower, and enable high-value products from waste or biomass resources. The opportunity includes ten topic areas: Cultivation Intensification...

By Lynn L. Bergeson On May 14, 2019, the U.S. Department of Energy (DOE) Office of Energy Efficiency and Renewable Energy’s (EERE) Bioenergy Technologies Office (BETO) announced that scientists at the Oak Ridge National Laboratory (ORNL) have developed a new, plant-derived, stretchy material that outperforms the adhesiveness of the natural chemical that gives mussels the ability to stick to rocks and ships. Composed of lignin and epoxy, the biobased material has the ability to self-heal...

By Lynn L. Bergeson On May 13, 2019, the U.S. Food and Drug Administration (FDA) issued in final guidance designed to assist sponsors in demonstrating that a proposed biological product is interchangeable with a reference product for the purposes of submitting a marketing application or supplement. This would mean that an abbreviated licensure pathway would be created, where biological products shown to be biosimilar to or interchangeable with an FDA-licensed biological reference product may be...

By Lynn L. Bergeson From July 23-24, 2019, the Food and Drug Law Institute (FDLI) will be hosting the Introduction to Drug, Biologics, and Biosimilars Law and Regulation conference in Boston, MA. The conference will cover an overview of administrative agencies that impact these industries and how they interact with the U.S. Food and Drug Administration (FDA). It will also include sessions on the development of drug and biological products, FDA’s review and approval of marketing...

By Lynn L. Bergeson On May 3, 2019, DOE announced over $79 million in funding for bioenergy R&D, which includes biofuels, bioproducts, and biopower. Under Secretary of Energy, Mark W. Menezes, stated that the FOA will contribute to ensure the nation’s competitive advantage in the bioeconomy and offer more energy choices. The FOA’s objectives are to reduce the price of drop-in biofuels, lower the cost of biopower, and enable high-value products from waste or biomass resources. The...

By Lynn L. Bergeson On May 2, 2019, DOE’s Office of Energy Efficiency and Renewable Energy (EERE) announced funding of approximately $11 million for Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Phase II research projects. Small businesses that demonstrated technical feasibility for innovations during Phase I were required to compete for Phase II funding. Eleven projects have been awarded the funds, which will be used to build prototypes or...

By Lynn L. Bergeson On May 8, 2019, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service’s (APHIS) Biotechnology Regulatory Services (BRS) announced the pilot launch of its new online permitting system: APHIS eFile. Launching on July 23, 2019, APHIS will be inviting, at the end of May, those who have been issued a BRS permit or notification in the past two years to apply for the pilot program. The plan is for BRS to transition fully to APHIS eFile in...

By Lynn L. Bergeson From March 4-8, 2019, DOE’s Bioenergy Technologies Office (BETO) hosted the 2019 Project Peer Review in Denver, CO. According to BETO, this was one of the largest Peer Review events in BETO history, with almost 600 attendees present. The purpose of the event was for bioenergy researchers to present results from early-stage R&D projects across BETO’s technology areas. These presentations, as of May 2, 2019, have been made available online for public access, and...

By Lynn L. Bergeson On April 30, 2019, 15 U.S. Senators signed and submitted a letter to the U.S. Environmental Protection Agency (EPA) Administrator, Andrew Wheeler, urging him to protect U.S. consumers and account for the ethanol blend wall when setting annual target volumes under the Renewable Fuel Standards (RFS) requirements. According to the letter, a decrease in consumer demand for gasoline has occurred since the RFS Program was passed into law. Instead of the original 170 billion gallons...

By Lynn L. Bergeson On May 7, 2019, Energy Secretary Rick Perry announced a U.S. Department of Energy (DOE) funding opportunity of up to $89 million in support of innovative, advanced manufacturing research and development (R&D) projects. The opportunity aims to tackle key DOE priorities, which include domestic manufacturing for energy storage. Perry stated that “[e]mbracing new technologies that drive innovation in American manufacturing is the key to creating real-world progress that...

By Lynn L. Bergeson On April 25, 2019, the Environmental Law Institute (ELI) held an event to provide an overview of their latest publication, a book titled Legal Pathways to Deep Decarbonization in the United States. Providing an overview of the book, a few of the authors were part of a panel discussion opened by William K. Reilly, former EPA Administrator under President George H. W. Bush. In his opening remarks, Mr. Reilly emphasized the potential existing with politics to change culture to...

By Lynn L. Bergeson In April 2019, Navius Research Inc. (Navius Research) published a report titled “Biofuels in Canada 2019: Tracking biofuel consumption, feedstocks and avoided greenhouse gas emissions.” Using public data, the report analyzes the volume of transportation biofuels consumed in each Canadian province and estimates the impact of this consumption on greenhouse gas (GHG) emissions and transportation energy costs. An increase in both ethanol and renewable fuel consumption...

By Lynn L. Bergeson On April 29, 2019, the National Chicken Council submitted a letter to EPA’s Office of Transportation and Air Quality outlining the potentially negative impact of the changes to the biofuels policy on the poultry industry. In his letter to EPA, Mike Brown, President of the National Chicken Council, reported concern with EPA’s proposal on year-round ethanol-15 (E15) use under the Renewable Fuels Standard (RFS) Program. The National Chicken Council believes that EPA...

By Lynn L. Bergeson On April 26, 2019, the U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit) issued its order on the petition for review of the U.S. Environmental Protection Agency’s (EPA) final rule on the Toxic Substances Control Act (TSCA) Inventory Notification (Active-Inactive) Requirements (82 Fed. Reg. 37520 (Aug. 11, 2017)), which denied the petition for review on all but one claim.  Petitioner Environmental Defense Fund (EDF) challenged five distinct features of the...

By Lynn L. Bergeson On April 17, 2019, Mark Carney, Governor of the Bank of England, Francois Villeroy de Galhau, Governor of the Banque de France, and Frank Edelson, Chair of the Network for Greening the Financial Services (NGFS), published an open letter on the financial implications of global warming.  Co-signed by the NGFS coalition, consisting of 34 central banks, the letter warns of global warming’s potential damage to infrastructure and private property, negative human health...

By Lynn L. Bergeson On April 17, 2019, the Iowa Renewable Fuels Association (IRFA), a Biobased and Renewable Products Advocacy Group (BRAG®) member, spoke at a press conference alongside Iowa Secretary of Agriculture, Mike Naig, on how the approval of small-refinery exemptions (SRE) for the 2018 Renewable Fuel Standard (RFS) blend levels would undermine RFS in an irreversible way.  IRFA’s Executive Director, Monte Shaw, pointed out that under current conditions all a refinery...

By Lynn L. Bergeson On April 23, 2019, the U.S. Environmental Protection Agency (EPA) issued a proposed rule regarding its plan to review certain confidential business information (CBI) claims to protect the specific chemical identities of substances on the confidential portion of the Toxic Substances Control Act (TSCA) Inventory.  84 Fed. Reg. 16826.  The CBI claims that would be reviewed under this plan are those that were asserted on Notice of Activity (NOA) Form A’s filed in...

By Lynn L. Bergeson On April 15, 2019, U.S. Senator Elizabeth Warren (D-MA) wrote an article for Medium Politics, titled “My plan for public lands.” In the article, Warren highlights the importance and value of U.S. public lands and the need to make them part of the climate solution rather than the issue. Emphasizing her position on corporate profits and how they should not be prioritized over local communities’ health and safety, Warren states that on her first day in office...

By Lynn L. Bergeson On April 16, 2019, the U.S. Department of Energy’s (DOE) Office of Energy Efficiency and Renewable Energy (EERE) announced the winners of DOE’s Solar Decathlon® Design Challenge, which was held at the National Renewable Energy Laboratory in Golden, CO, from April 12-14, 2019. The Challenge consisted of ten contests in which student teams designed highly efficient and innovative buildings powered by renewable energy.  The winners are teams that best...

By Lynn L. Bergeson On April 12, 2019, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced the reopening of the public review and comment period for the draft Environmental Impact Statement (dEIS) and the preliminary Pest Risk Assessment (PRA). These two documents have been prepared in response to a permit application from a company requesting the environmental release of genetically engineered (GE) Citrus tristeza virus (CTV). The...

On April 12, 2019, the U.S. Environmental Protection Agency (EPA) released a proposed rule that would amend the Toxic Substances Control Act (TSCA) Section 8(a) Chemical Data Reporting (CDR) requirements and the TSCA Section 8(a) size standards for small manufacturers. The current CDR rule requires manufacturers (including importers) of certain chemical substances listed on the TSCA Chemical Substance Inventory (TSCA Inventory) to report data on chemical manufacturing, processing, and use every...

Last week, from April 3-5, 2019, Biofuels Digest hosted its annual Advanced Bioeconomy Leadership Conference (ABLC) in Washington, D.C.  Among those present were various industry stakeholders, government representatives, and federal agency staffers. Innovative technologies were presented and much networking was done. The Biobased and Renewable Products Advocacy Group’s (BRAG®) presence was welcomed and provided an opportunity for industry stakeholders to gain insight into...

By Lynn L. Bergeson The Minnesota Department of Agriculture is offering an opportunity for funding to advance a bioenergy or biochemical production technology toward commercial scale through the construction and operation of a pilot plant. To be eligible for the AGRI Bioenergy/Biochemical Pilot Project Grant, applicants must be a Minnesota-based company, learning institution, local government unit, Native American Tribal community, or individual (including for-profit businesses and...

By Lynn L. Bergeson On April 4, 2019, DOE EERE’s Bioenergy Technologies Office (BETO) announced the appearance of 23 journal articles from some of the nation’s leading biomass experts in the journal Frontiers in Energy Research. The collection of articles, titled Advancements in Biomass Feedstock Preprocessing: Conversion Ready Feedstocks, focuses on the many years of research and development into biomass preprocessing that has been largely supported by DOE EERE’s BETO....

By Lynn L. Bergeson On April 8, 2019, the U.S. Department of Energy (DOE) Office of Energy Efficiency & Renewable Energy (EERE) announced a new prize competition to support and accelerate the development of pumped storage hydropower (PSH). The prize, titled Furthering Advancements to Shorten Time (FAST) Commissioning for Pumped Storage Hydropower (PSH), seeks innovative solutions and technologies that can assist PSH developers facing non-regulatory challenges. It would also support...

By Lynn L. Bergeson On April 2, 2019, Nouryon, a Biobased and Renewable Products Advocacy Group (BRAG®) member, announced the launch of a new biobased polymer for “weightless” hair styling. The newly developed biobased polymer, called Amaze SP, assists formulators to meet the latest trends in hair styling, which include lighter textures. Amaze SP is plant-based and part of Nouryon’s efforts in expanding its offerings to customers in the personal care market, which also...

By Lynn L. Bergeson On April 3, 2019, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced a request for comments on two documents related to the potential deregulation of a canola variety genetically engineered (GE) to convert oleic acid to docosahexaenoic acid (DHA) and eicosapentaeonic acid (EPA), as well as for resistance to an imidazolinone herbicide. The documents are a draft Environmental Assessment (dEA) and a draft Plant Pest...

By Lynn L. Bergeson On April 2, 2019, U.S. Food and Drug Administration (FDA) Commissioner, Scott Gottlieb, M.D., and Deputy Commissioner for Policy, Legislation and International Affairs, Anna Abram, released a statement on the status of FDA’s Plant and Animal Biotechnology Innovation Action Plan (Action Plan). Focused on FDA’s risk-based regulatory framework, the Action Plan aims at securing confidence in the safety and performance of plant and animal-based products for consumers,...

By Lynn L. Bergeson On March 25, 2019, the U.S. Environmental Protection Agency (EPA) finally weighed-in on the murky and often misunderstood topic of label claims for plant regulators and plant biostimulants in posting its Draft Guidance for Plant Regulator Label Claims, Including Plant Biostimulants in Docket # EPA-HQ-OPP-2018-0258.  EPA issued the notice of availability in the Federal Register on March 27, 2019.  84 Fed. Reg. 11538.  EPA states that the draft guidance, issued...

By Lynn L. Bergeson In March 2019, the National Wildlife Federation (NWF), a conservation organization working across the U.S., published a report called New Research Findings Link Biofuel Mandate to Environmental Harm.  According to the report, the U.S. Renewable Fuel Standard (RFS) and its implementation are leading to environmental disaster which involves the destruction of the monarch butterfly habitat, climate change acceleration, and drainage of western aquifers, amongst other issues....

By Lynn L. Bergeson On March 27, 2019, the U.S. Department of Energy’s (DOE) Office of Energy Efficiency and Renewable Energy (EERE) Bioenergy Technologies Office (BETO) reminded funding opportunity applicants of the upcoming March 29, 2019, deadline for concept paper submissions on commercial truck, off-road vehicle, and gaseous fuels research.  On March 1, 2019, EERE BETO announced a funding opportunity of up to $51.5 million for new and innovative research technologies for trucks,...

By Lynn L. Bergeson In a recent statement prepared by U.S. Food and Drug Administration’s (FDA) Susan Mayne, Ph.D., Director of FDA’s Center for Food Safety and Applied Nutrition, and by Dennis Keefe, Ph.D, Director of FDA’s Office of Food Additive Safety, FDA highlights its commitment to assisting plant biotechnology developers to foster innovation and ensure that consumers can confidently trust FDA’s high safety standards.  Plant biotechnology consists of methods...

By Lynn L. Bergeson On March 25, 2019, the U.S. Environmental Protection Agency (EPA) posted Draft Guidance for Plant Regulator Label Claim, Including Plant Biostimulants in Docket # EPA-HQ-OPP-2018-0258.  EPA issued the notice of availability in the Federal Register on March 27, 2019.  84 Fed. Reg. 11538.  This is an important document addressing tricky jurisdictional issues that have plagued EPA for years.  Comments on the draft guidance are due by May 28, 2019.  For a...

By Lynn L. Bergeson In February 2019, the University of Utah published the article Algal lipid extraction using confined impinging jet mixers.  The article outlines the University of Utah engineers’ latest discovery of a new method for rapid lipid harvesting which is essential to energy parity for microbial derived biofuels.  This newly developed technique is not only faster but also more efficient, and uses confined impinging jet mixers (CIJM) to improve lipid extraction from...

By Lynn L. Bergeson On March 19, 2019, USDA’s Animal and Plant Health Inspection Service (APHIS) Biotechnology Regulatory Services (BRS) announced the delay of the spring release for BRS’ updated permitting system in APHIS eFile.  The release is now expected to occur in mid-summer 2019, with periodic updates provided by APHIS BRS as the anticipated release approaches.  In its announcement, APHIS BRS highlighted its commitment to bringing a permitting system that takes...

By Lynn L. Bergeson On March 18, 2019, the U.S. Department of Energy (DOE) announced an open meeting of the Biomass Research and Development (R&D) Technical Advisory Committee.   84 Fed. Reg. 9769.  The meeting will take place in Arlington, Virginia, on March 27 - 28, 2019, and will include discussions on developing advice and guidance promoting R&D leading to the production of biobased fuels and products.  The tentative agenda includes updates not only on DOE Biomass...

By Lynn L. Bergeson On March 18, 2019, (EPA) announced a public hearing to be held for the proposed rule: “Modifications to Fuel Registrations to Provide Flexibility for E15: Modifications to RFS RIN Market Regulations.”  84 Fed. Reg. 9734.  The proposed rule would implement regulatory changes allowing E15 to take advantage of a Renewal Fuels Standard (RFS) program waiver. Currently, the 1-psi Raid Vapor Pressure (RVP) waiver only applies to ten percent ethanol (E10) during...

By Lynn L. Bergeson On February 27, 2019, Senators Rand Paul (R-KY) and Chuck Grassley (R-IA) introduced the Fuel Choice and Deregulation Act of 2019 (S. 581).  The legislation would remove “burdensome” regulations on domestic energy production.  The bill “provides new economic opportunity for Kentucky farmers by allowing fuel producers and automobile manufacturers to innovate and bring new products to market that will lower costs for consumers, increase domestic...

On March 20, 2019, the U.S. Environmental Protection Agency (EPA) announced it was releasing a list of 40 chemicals to begin the prioritization process required by the amended Toxic Substances Control Act (TSCA).  New TSCA requires EPA to designate 20 chemicals as “high-priority” for subsequent risk evaluation and 20 chemicals as “low-priority,” meaning that risk evaluation is not warranted at this time.  The 20 high priority candidate chemicals include: Seven...

By Lynn L. Bergeson On March 5, 2019, the Lawrence Livermore National Laboratory (LLNL) announced that their researchers have 3D printed live cells that are able to convert glucose to ethanol and carbon dioxide gas.  The substance produced from this conversion resembles beer.  This means that this newly developed technology can lead to highly efficient biocatalysis.  According to LLNL’s announcement, the use of live microbes rather than inorganic catalysts is advantageous...

By Lynn L. Bergeson On March 11, 2019, scientists at the University of California Berkeley (UC Berkeley) published a study on nature microbiology on the gut anatomical properties of the passalid beetle that helps it transform decaying wood into energy-rich materials.  Passalid beetles’ digestive tracts contain microbes that provide a roadmap for the production of affordable, nature-derived bioproducts and biofuels.  The structure of these beetles’ guts allows for different...

By Lynn L. Bergeson On March 13, 2019, the European Commission (EC) published a fact sheet on the sustainability for biofuels specified.  EC adopted a delegated act that sets out the criteria for determining high low indirect land-use change (ILUC) risk feedstock for biofuels and the criteria for certifying ILUC-risk biofuels, bioliquids, and biomass fuels.  ILUC-risk fuels consist of fuels produced from food and feed crops that significantly expand globally into land with high carbon...

By Lynn L. Bergeson On, March 12, 2019, USDA’s Animal and Plant Health Inspection Service (APHIS) announced the publication of two draft documents related to the potential deregulation of a soybean variety GE for increased yield and resistance to the herbicide glufosinate.  The draft documents are Draft Plant Pest Risk Assessment (PPRA) and Draft Environmental Assessment (dEA) for Petition to Deregulate GE Soybean for Increased Yield and Herbicide Resistance. The PPRA will examine any...

By Lynn L. Bergeson On March 8, 2019, U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb, M.D., released a statement on the continued efforts to advance safe biotechnology innovations, and the deactivation of an import alert on genetically engineered (GE) salmon.  In his statement, Dr. Gottlieb emphasized FDA’s mission to evaluate the safety of intentional genomic alterations (IGA) in animals that will ultimately be sold for consumption in the U.S.  According to...

The Nebraska Ethanol Board’s 2019 Emerging Issues Forum focuses on the federal biofuels policy landscape and emerging industry trends.  B&C and BRAG are proud sponsors.  Richard E. Engler, Ph.D., will be presenting “Legal & Regulatory Considerations for Renewable Chemical Production -- Brief Overview from the Experts.”