B&C® Biobased and Sustainable Chemicals Blog

On November 10, 2015, Senator Stabenow (D-MI), along with Senators Coons (D-DE) and Franken (D-MN), introduced S. 2271, the Renewable Chemicals Act of 2015 to the Senate. If passed, the bill would amend the Internal Revenue Code of 1986 to create short-term tax credits for the production of renewable chemicals and for investments in renewable chemical production facilities. Producing eligible renewable chemicals from biomass feedstock would result in a tax credit of 15 cents per...

On October 4, 2015, California Governor Jerry Brown signed Assembly Bill No. 1032, an act to amend Sections 60501 and 60505.5 of the Revenue and Taxation code, relating to taxation, into law. The bill adds biodiesel to the list of fuels that are eligible for tax refunds when they are used for nontaxable purposes. Starting on January 1, 2016, the State Board of Equalization will provide refunds on the portion of nontaxable biodiesel removed from...

On October 19, 2015 the Federal Register published a correction to the due date for comments for the Notice of Opportunity To Comment on an Analysis of the Greenhouse Gas Emissions Attributable to Production and Transport of Jatropha Curcas Oil for Use in Biofuel Production. The October 15, 2015, Biobased and Renewable Products Update included the article EPA Issues Draft GHG Analysis For Production and Transport of Jatropha Oil that listed the incorrect date for...

On October 16, 2015, the U.S. Food and Drug Administration (FDA), along with the Office of Science and Technology Policy (OSTP), the U.S. Environmental Protection Agency (EPA), and the U.S. Department of Agriculture (USDA) announced in the Federal Register a public meeting Clarifying Current Roles and Responsibilities Described in the Coordinated Framework for the Regulation of Biotechnology and Developing a Long-Term Strategy for the Regulation of the Products of Biotechnology. The meeting is...

In a settlement with the American Fuel & Petrochemical Manufacturers (AFPM) and the American Petroleum Institute (API), the U.S. Environmental Protection Agency (EPA) agreed to set renewable fuel obligations for calendar years 2014 and 2015 by November 30, 2015, under the Renewable Fuel Standard (RFS).  The RFS requires annual increases in the amount of renewable fuel that must be blended into the total volume of gasoline refined and consumed in the U.S.  A current TV...

In a memorandum dated October 15, 2015, the U.S. Environmental Protection Agency’s (EPA) Office of Inspector General (OIG) stated that it plans to begin preliminary research on the lifecycle impacts of EPA’s renewable fuel standard (RFS).  The stated objectives from the memorandum are to determine whether EPA:  (1) complied with the reporting requirements of laws authorizing the RFS; and (2) updated the lifecycle analysis supporting the RFS with findings from the...

On October 15, 2015, Bergeson & Campbell, P.C. (B&C®) and the Woodrow Wilson International Center for Scholars (Wilson Center) hosted “Leveraging Synthetic Biology’s Promise and Managing Potential Risk,” a panel discussion featuring Lynn L. Bergeson, Sheryl Lindros Dolan, and Richard E. Engler, Ph.D., of B&C, and Todd Kuiken, Ph.D., Senior Program Associate, Synthetic Biology Project, Wilson Center.  The event coincided with the release of “The DNA of...

On October 7, 2015, California Governor Jerry Brown signed S.B. 350, The Clean Energy and Pollution Reduction Act of 2015 (the Act). The law will require the percent of electricity produced from renewable sources to increase over stages until 2030 when 50 percent of electricity used in California will be produced using renewable sources. While the majority of renewable electricity is expected to come from solar and wind power, the Act encourages use of diverse...

On October 8, 2015, the U.S. Department of Energy's (DOE) Office of Energy Efficiency & Renewable Energy announced the upcoming Bioproducts in the Federal Bioeconomy Portfolio Webinar. Bioenergy Technologies Office Technology Manager Nichole Fitzgerald, U.S. Department of Agriculture (USDA) BioPreferred Deputy Program Manager Kate Lewis, and the Ohio State University Bioproducts Innovation Center's Director Dennis Hall will discuss how the federal government supports bioproducts...

On October 7, 2015, the U.S. Environmental Protection Agency (EPA) announced the first ever Safer Choice Partner and Stakeholder Summit. The summit will be the first of several meetings intended to explore topics of importance to stakeholders and the Safer Choice Program. The Safer Choice label was created to help consumers identify products with safer chemical ingredients, previously known as the Design for the Environment (DfE) label. Over 2,000 products are qualified to carry the...

On October 13, 2015, the U.S. Environmental Protection Agency (EPA) issued a notice inviting comments on its analysis of the greenhouse gas (GHG) emissions attributable to the production and transport of jatropha curcas (jatropha) oil feedstock for use in making biofuels such as biodiesel, renewable diesel, jet fuel, naphtha, and liquefied petroleum gas.  This notice was issued as a result of two petitions: (1) Global Clean Energy Holdings’ and Emerald Biofuels, LLC’s petition...

The Algae Biomass Summit, held in Washington, D.C. last week and claimed by organizers as the largest algae gathering in the world, featured the announcement of a new X-Prize to incentivize development of zero-carbon energy technologies, and some very honest and illuminating plenary sessions featuring leaders of algae businesses. More reports can be found on the Algae Biomass Organization's blog and by perusing the crowd-sourced reporting at Twitter #ABS15. BRAG's Dr. Richard E. Engler...

The California Department of Toxic Substances Control (DTSC) has issued a draft of its Stage 1 Alternatives Analysis (AA) Guide. DTSC developed this guidance to help the regulated community conduct AA and regulatory requirements under the California Safer Consumer Products (SCP) program. Comments on the draft document can be submitted online at the SCP Information Management System (CalSafer) website and are due by October 23, 2015. DTSC is holding two webinars, the second of which...

The third annual National Bioenergy Day will be occurring on October 21, 2015, across the United States. This special day is led by the Biomass Power Association in partnership with the U.S. Forest Service, and is intended to allow organizations to showcase the benefits of bioenergy to their communities. The National Bioenergy Day 2015 Participation Guide outlines some of the best ways to participate, including interacting with local schools and media organizations, and encouraging collaboration...

On October 2, 2015, at the 2015 Algae Biomass Organization Summit, the Algae Foundation announced a U.S. Department of Energy (DOE) funded education initiative to enhance algae workforce development. The Algae Foundation is a non-profit organization committed to expanding the algae industry though research, education, and outreach, and plays an important part in advancing the bioeconomy beyond ethanol. The DOE-funded initiative will focus on developing a college degree in algal cultivation...

On October 6, 2015, the National Science and Technology Council, Science and Technology Policy Office published a notice of request for information (RFI) on "Clarifying Current Roles and Responsibilities Described in the Coordinated Framework for the Regulation of Biotechnology (CF) and Developing a Long-Term Strategy for the Regulation of the Products of Biotechnology" in the Federal Register. The purpose of the RFI is to obtain relevant data that will be used to update the CF...

On September 25, 2015, the California Air Resources Board (CARB) voted to readopt the Low Carbon Fuel Standard (LCFS), and require a ten percent reduction in carbon intensity of transportation fuels by 2020. The LCFS targets were originally frozen due to a legal challenge. To address the court's ruling, CARB solicited public testimony before readopting an updated version of the LCFS. The modified LCFS includes protection against possible price spikes, an improved process for earning...

On September 25, 2015, the Pennsylvania House of Representatives voted to amend the Biofuel Development and In-State Production Incentive Act by removing a ten percent ethanol blend requirement that occurs when Pennsylvania ethanol production exceeds 350 million gallons. The Act was originally passed in 2008. Since the incentive was put in place, Pennsylvania has not come close to reaching the 350 million gallon threshold. The bill has been referred to the Senate Environmental Resources and...

On September 25, 2015, EPA published Recommendations for Specifications, Environmental Performance Standards, and Ecolabels for Federal Procurement. The notice describes EPA's recommendations for federal agencies that are purchasing environmentally-friendly products. Section 3(i) of Executive Order 13693, Planning for Federal Sustainability in the Next Decade, directs federal agencies to adhere to certain environmental performance and sustainability standards when practicable. The new EPA...

On September 30, 2015, the U.S. Environmental Protection Agency (EPA) held a workshop on genetically engineered (GE) algae to give stakeholders an opportunity to hear about EPA's plans for improving its risk assessments of GE algae under the Toxic Substances Control Act (TSCA). Dr. Jeff Morris, Deputy Director of Programs for the Office of Pollution Prevention and Toxics (OPPT), welcomed participants and laid out the scope of the meeting: to assist EPA in understanding the...

The Federal Trade Commission (FTC) announced in a September 14, 2015, press release, "FTC Sends Warning Letters about Green Certification Seals," that it sent warning letters to five providers of environmental certification seals and 32 businesses using those seals, "alerting them to the agency's concerns that the seals could be considered deceptive and may not comply with the FTC's environmental marketing guidelines." FTC states that environmental certification seals...

On September 15, 2015, Oregon's Department of Environmental Quality (DEQ) proposed using hypothetical indirect land use change (ILUC) emissions while calculating the carbon intensity of biofuels under the Clean Fuels Program (CFP). DEQ proposed the rule to update the Oregon Greenhouse Gases, Regulated Emissions and Energy Transportation model (OR-GREET) to clarify elements before the CFP's first compliance year starting on January 1, 2016. The Renewable Fuels Association (RFA) released a...

On September 16, 2015, 23 biofuel executives sent a letter to President Obama regarding the U.S. Environmental Protection Agency's (EPA) Renewable Fuel Standard (RFS) volume requirement proposal. The revised RFS allows companies to challenge the distribution requirement of renewable fuel, potentially resulting in RFS requirements being waived on a year-to-year basis. The letter outlines the concern that the proposed RFS disincentivizes oil companies to blend renewable fuels into gasoline,...

On September 22, 2015, Senator Maria Cantwell (D-WA) of the Senate Committee on Energy and Natural Resources, Democratic Leader Senator Harry Reid (D-NV), Senator Charles Schumer (D-NY), and Senator Ron Wyden (D-OR) released The American Energy Innovation Act of 2015, a bill designed to improve economic growth in the energy sector, invest in clean energy, and support research and development while cutting carbon pollution. Senator Wyden stated the proposed legislation "… is built...

Stakeholders working with algae to produce chemicals and fuels should take note of these upcoming opportunities: EPA's "Workshop for Public Input on Considerations for Risk Assessment of Genetically Engineered Algae," September 30, 2015. Registration closes on September 25, 2015;   The U.S. Department of Energy's (DOE) Request for Information (RFI) from algae stakeholders regarding their views on the requirements necessary to develop reliable and sustainable supplies of...

On September 16, 2015, the Woodrow Wilson International Center for Scholars (Wilson Center) released a funding report on U.S. Trends in Synthetic Biology Research Funding. The Wilson Center found that the U.S. invested approximately $820 million in synthetic biology research between 2008 and 2014, with nearly 60 percent of the funding coming from the Defense Advanced Research Projects Agency (DARPA). The National Science Foundation (NSF) has also been funding synthetic biology research,...

On September 10, 2015, the U.S. Department of Agriculture (USDA) announced the 21 state finalists for Biofuel Infrastructure Partnership (BIP) grants to add infrastructure to supply more renewable fuel to drivers. The program was announced in May 2015, to increase the number of gas pumps dedicated to higher ethanol blends, including E15 and E85. While $100 million was made available by the USDA's Farm Service Agency (FSA), applications totaled over $130 million. The grants given...

On September 15, 2015, the head of the EPA, Gina McCarthy, spoke at the Growth Energy Advocacy Conference about the need of the upcoming RFS rule to encourage long-term investment in advanced biofuels to successfully grow capacity. McCarthy went on to say that the November 30, 2015, deadline is a priority for her to have the RFS rule finished to improve investment conditions for biofuels. She considers the RFS to be one of the best...

On September 15, 2015, the EPA Inspector General (IG) released a report criticizing EPA's use of unverified pollution prevention data for the Presidential Green Chemistry Challenge Award (PGCCA). The report, "EPA's Presidential Green Chemistry Challenge Awards Program Lacks Adequate Support and Transparency and Should Be Assessed for Continuation," states that EPA does not verify the validity of the self-reported pollution prevention results of award applicants or differentiate...

On September 14, 2015, the U.S. Environmental Protection Agency (EPA) published a Notice of Proposed Settlement Agreement; Request for Public Comment in the Federal Register. The notice is to settle lawsuits filed by Sinclair Wyoming Refining Company and Sinclair Casper Refining Company challenging EPA's denial of requests for extensions of small refinery temporary exemptions in August 2014. Under the Clean Air Act (CAA), small refineries are able to request an exemption of Renewable Fuel...

On September 7, 2015, Clean Technica published a conversation with Novozymes CEO Peder Holk Nielsen about opportunities for growth coming from the upcoming COP 21 Paris climate talks. Nielsen expressed a desire for a form of taxation or limits on carbon emissions to be put in place over the next 10 or 15 years. In the future, Nielsen sees biofuel production becoming more sustainable as people turn to waste biomass rather than producing biomass. The...

On August 10, 2015, Governor Chris Christie (R-NJ) signed into law S.B. 2599/A-4121, an act concerning the definition of certain fuels and amending P.L.2010, c.22. The legislation clarifies New Jersey's Motor Fuel Tax Act exemptions to include biofuels made from recycled grease, plants, and animal fats. In addition, biobased liquid fuel and biodiesel fuel are now defined as renewable biomass. The clarification of the biofuel tax exemption is intended to encourage biodiesel businesses to...

On September 1, 2015, the U.S. Department of Agriculture's (USDA) Economic Research Service released the information bulletin "Biofuel Use in International Markets: The Importance of Trade." The report reviews global biofuel production from 2001 to the present, including economic impacts of the Renewable Fuel Standard, biofuel exports in the U.S., and the future prospects of the U.S. biofuel trade. Biofuel production has increased dramatically from 2001 to 2013, with the fastest...

On September 3, 2015, the U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy’s Bioenergy Technologies Office (BETO) released a Request for Information (RFI) titled “High Yields through Productivity and Integration Research.”  BETO is seeking input from industry, academia, and other stakeholders regarding supply systems and services for the cultivation, logistics, and preprocessing of algal feedstocks. This RFI provides algae stakeholders with an...

On August 18, 2015, the Internal Revenue Service (IRS) released a notice containing tax code information for 2014 biodiesel tax credits. The focus of the notice is the treatment of credits under Internal Revenue Code Section 6426(c) and (d) that allow a biodiesel blender to claim a credit against tax liability. Generally, the tax liability is in the form of excise taxes imposed by Sections 4041 and 4081 and is reported on Form 720, Quarterly...

On August 19, 2015, the U.S. Department of Agriculture (USDA) Farm Service Agency (FSA) announced the start of enrollment for financial assistance through the Biomass Crop Assistance Program (BCAP) to assist in growing new sources of biomass. The enrollment is open for farmers and forest landowners who will be growing biomass for energy or designated biobased products. USDA is allocating $7.7 million for four existing BCAP project areas in New York, North Carolina, Ohio/Pennsylvania, and...

On August 25, 2015, the U.S. Environmental Protection Agency (EPA) published a notice in the Federal Register announcing a Public Meeting and Opportunity for Public Comment on Considerations for Risk Assessment of Genetically Engineered Algae. The public meeting, entitled "Workshop for Public Input on Considerations for Risk Assessment of Genetically Engineered Algae," is intended to receive public input and comments on the data needs of EPA to support risk assessments of biotechnology...

Wondering where we are now and what may happen to the Toxic Substances Control Act (TSCA) reform when Congress is back in session? "TSCA Reform: The Current State of Play," featuring Lynn L. Bergeson and hosted by Compliance & Risks, will bring you up to date on the very latest developments in the Congress and key regulatory developments and initiatives should TSCA reform fail to materialize. If Congress is unable to enact new TSCA measures,...

On August 27, 2015, the Department of Energy (DOE) announced funding for two projects focused on the development of next-generation biofuels. Texas A&M University will receive up to $2.5 million to support its efforts in developing a single-unit process to convert lignin in the production of bioplastics, and Ohio University will receive up to $1.5 million for its work in developing a continuous flow electrochemical reactor that upgrades waste lignin to biobased phenol substitutes....

On August 26, 2015, Malama Composites, Inc. (Malama) announced that its Studio BioFoam® product had earned the U.S. Department of Agriculture (USDA) Certified Biobased Product Label. This news was followed by a second announcement on August 27, 2015, when another biobased foam produced by Malama, Pacific BioFoam™, also received the Biobased Product Label from the USDA. Malama is a Biobased and Renewable Products Advocacy Group (BRAG®) member that develops and manufactures foams...

On August 11, 2015, the U.S. Energy Information Administration (EIA) released the Short Term Energy Outlook (STEO) report. The report outlined expectations for regular gasoline to average a retail price of $2.41 for all of 2015, with prices for the fourth quarter of 2015 averaging $2.11. Consistently low gasoline prices, in addition to the proposed Renewable Fuel Standard volumes that were announced on May 29, 2015, have resulted in the EIA forecasting that ethanol consumption...

On August 14, 2015, the Department of Energy's (DOE) BioEnergy Science Center (BESC) announced the creation of a microbe that increases isobutanol yields by a factor of ten. The study, published in Metabolic Engineering, expanded upon a 2011 study where researchers were able to engineer genetically a microbe to produce isobutanol directly from cellulose. The new study used a higher yielding microbe with similar engineered traits, resulting in consolidated bioprocessing efficiency. This...

On August 14, 2015, the Renewable Fuels Association (RFA) asked EPA to waive Reid Vapor Pressure requirements for E15 and to also allow E12 blending. Reid Vapor Pressure is a measure of gasoline's volatility and is regulated in the summer months to reduce health risks caused by evaporative emissions. The request by the RFA occurred in the wake of a 240,000 barrels per day (b/d) refinery outage in Whiting, Indiana that has resulted in 50...

The Expert Workshop focusing on technical questions for the U.S. Environmental Protection Agency's (EPA) development of a biotechnology algae considerations document is drawing near. The workshop will be open to the public and is scheduled for September 30, 2015, from 8:00 a.m. to noon. More details, including instructions on how to register for the workshop, will be made available in a Federal Register notice. More information regarding the biotechnology algae project is available in...

On August 6, 2015, BioAmber Inc. and Mitsui & Co., Ltd announced the opening of their joint succinic acid plant in Sarnia, Ontario. This joint venture cost approximately $141.5 million to build and has a capacity of 30,000 tons of succinic acid per year, making it the world's largest succinic acid plant. The plant uses technology to produce succinic acid from sugar at a lower cost than traditional petroleum-based production. The chemical intermediary is used...

On August 3, 2015, Forest Concepts, LLC received a two-year, $499,997 Small Business Innovation Research (SBIR) contract from the USDA National Institute of Food and Agriculture. The contract will support the development of predictive control systems for biomass dryers that will increase energy efficiency and provide significant cost savings. The technologies being developed by the project can be used in wood pellet and solid biofuel product, as well as in second-generation thermochemical...

On August 7, 2015, USDA Secretary Tom Vilsack announced $63 million in loans and grants to be distributed through its Rural Energy for American Program (REAP). The $63 million is divided among 264 renewable energy and energy efficiency projects throughout the nation, in primarily rural communities. In addition to creating jobs and improving local economies, the newly announced REAP projects are expected to either save or generate 207.8 million kilowatt hours (KWh) of energy. REAP...

On August 12, 2015, the U.S. Environmental Protection Agency (EPA) announced three webinars to review the new features of the updated online Premanufacture Notifications (PMN) Submission System. The new web-based submission system for the Toxic Substances Control Act (TSCA) Section 5 submissions is replacing the ePMN reporting software that is currently in use. The first webinar is on August 26, 2015, from 1:00 p.m. – 4:00 p.m., and will cover the process of registering with...

On August 10, 2015, the Federal Register included a notice announcing an open meeting of the Biomass Research and Development Technical Advisory Committee in Washington D.C. on August 27, 2015, from 8:30 a.m. to 5:30 p.m., and August 28, 2015, from 8:30 a.m. to 1:00 p.m. The meeting is open to the public and is intended to develop guidance to promote the research and development of the production of biobased fuels and biobased products. The...

On August 4, 2015, Elevance, a BRAG member, announced the addition of Elevance Clean™ 1000 to the Elevance Clean™ Product Line. The new ingredient is a biobased cleaning ingredient that improves the performance of d-limonene formulations, especially when used to remove asphalt/tar and to degrease. D-limonene is extracted from citrus rind and has recently been impacted by the decline in orange supply resulting from increases in orange grove diseases in the U.S. and Brazil. The...