B&C® Biobased and Sustainable Chemicals Blog

On June 30, 2014, the U.S. Supreme Court announced that it would not review the constitutionality of the California Low Carbon Fuel Standard (LCFS). This decision is largely viewed as a win for the California Air Resources Board, the governmental body that regulates the LCFS, and supporters of the law. On March 20, 2014, Growth Energy and the Renewable Fuels Association (RFA), which represent the ethanol industry, and the American Fuel and Petrochemical Manufacturers (AFPM),...

On June 26, 2014, the Congressional Budget Office (CBO) issued a 38-page report on the federal Renewable Fuel Standard (RFS), "The Renewable Fuel Standard: Issues for 2014 and Beyond." The report examines potential compliance with the RFS through 2017 under three scenarios and evaluates the effects on food and fuel prices under each one. A copy of CBO's summary of the report is available online. A copy of the full report is available online. The...

On July 2, 2014, the U.S. Department of Energy (DOE) Office of Energy Efficiency and Renewable Energy's Bioenergy Technology Office published in the Federal Register a "Request for Information (RFI) Regarding Integrated Biorefinery Lessons Learned and Best Practices." According to the RFI, its purpose is "to solicit feedback from industry, academia, research laboratories, government agencies, and other stakeholders on issues related to lessons learned and best practices...

On July 2, 2014, EPA issued a final rule outlining the elements of a voluntary third party quality assurance program to ensure the validity of renewable identification numbers (RIN) petroleum refiners use to confirm compliance with the annual fuel standard. Under the final rule, petroleum marketers may choose between two options to verify the validity of RINs generated between February 21, 2013, and December 31, 2014. Importantly, the final rule includes an affirmative defense for...

Learn How to Pre-Screen New Chemicals Using EPA's Models and Methods at Sustainable Futures Training Workshop Co-hosted by the Biobased and Renewable Products Advocacy Group (BRAG®), the U.S. Environmental Protection Agency (EPA), and George Washington University (GWU) August 5-7, 2014, at the GWU Campus in Washington, D.C. During this hands-on three-day workshop, you will learn about a variety of tools, methods, and models that can be used to assess the hazard and potential exposure of...

On June 23, 2014, U.S. algae developer Cellana, Inc. announced that it has entered into a letter of intent with Galil Algae Cooperative Agriculture Society Limited of Israel for the production of high-value algae products for aquaculture applications. The primary objective of this effort is to identify, cultivate, develop, and scale-up algae strains with immediate commercial value, emphasizing the high-value components for existing aquaculture, mariculture, nutraceuticals, pharmaceuticals,...

On June 20, 2014, the U.S. House of Representatives passed its version of the fiscal year (FY) 2015 appropriations bill to fund the U.S. Department of Defense (DOD), H.R. 4870, including language repealing Section 526 of the Energy Independence and Security Act of 2007 (Section 526). Section 526 prohibits federal agencies from procuring synfuel unless its lifecycle GHG emissions are less than those for conventional petroleum sources. BRAG reported that last month the U.S. House...

On June 19, 2014, over 90 scientists sent a letter to EPA urging the Agency to move forward under its Tailoring Rule by "1) moving beyond the flawed assumption that bioenergy is inherently carbon neutral; 2) rejecting the regional accounting method originally proposed in the draft Accounting Framework; and 3) ensuring a scientifically sound methodology for determining the carbon emissions impact to the atmosphere from burning long-recovery woody biomass feedstocks — most notably,...

The U.S. Supreme Court issued a ruling on Monday, June 23, 2014, which upheld the authority of EPA to regulate carbon dioxide under the Clean Air Act (CAA), but with limitations. The Court held that EPA may require permits and carbon control efforts for large stationary sources that emit large quantities of carbon dioxide. The emission of certain quantities of other regulated greenhouse gas (GHG) emissions — not carbon dioxide alone — must trigger the...

On June 20, 2014, the National Biodiesel Board (NBB) filed a petition with the U.S. Court of Appeals for the District of Columbia Circuit requesting that the court rehear whether Monroe Energy (Monroe), a refining subsidiary of Delta Airlines, had standing to challenge EPA's final rule setting the 2013 Renewable Fuel Standard (RFS). BRAG reported on the court's recent denial of Monroe's challenge to that final rule. A copy of that report is available online....

On June 18, 2014, the U.S. Department of Energy (DOE) announced its second round of funding for Energy Frontier Research Centers (EFRC) designed to promote scientific breakthroughs in energy. Under this round of funding, DOE is providing $100 million to support 32 EFRC projects throughout the country. According to DOE's press release on the announcement, the selected EFRCs "will help lay the scientific groundwork for fundamental advances in solar energy, electrical energy storage,...

On June 3, 2014, Renewable Energy Group, Inc. (REG) announced that its wholly-owned subsidiary, REG Synthetic Fuels, LLC, has closed its acquisition of substantially all of the assets of Syntroleum Corporation. The assets acquired from Syntroleum include a 50 percent ownership interest in Dynamic Fuels, LLC, which owns a 75 million gallon per year nameplate capacity renewable diesel biorefinery located in Geismar, Louisiana. REG has a separate pending agreement with Tyson Foods, Inc. to acquire...

Georgia Tech has announced that it is renaming its Institute of Paper Science and Technology the Renewable Bioproducts Institute (RBI). According to the announcement, the school has committed to doing the following to further the Institute: * Recruit at least one new tenure track professor in the School of Chemistry and Biochemistry with relevant bioproducts experience to join more than 40 Georgia Tech faculty now working with RBI. * Recruit a new tenure track professor...

Barnhardt Manufacturing Company has earned the U.S. Department of Agriculture (USDA) Certified Biobased Product Label for its High Q® Cotton. The USDA Certified Biobased Product Label verifies that the product's amount of renewable biobased ingredients meets or exceeds levels set by USDA....

On May 28, 2014, policy researchers from the J. Craig Venter Institute (JCVI), the University of Virginia, and EMBO released a report on challenges faced by regulators with the increased use of more sophisticated synthetic biology technologies to engineer plants and microbes. According to the press release on the report, "[t]he authors conclude that while the United States governmental agencies tasked with oversight of products derived through synthetic biology have adequate legal...

On May 29, 2014, the Environmental Working Group (EWG) released a report entitled "Ethanol's Broken Promise: Using Less Corn Ethanol Reduces Greenhouse Gas Emissions." A copy of the report is available online. The report concludes that "[t]he Environmental Protection Agency's pending proposal to cut the amount of corn ethanol that must be blended into gasoline in 2014 by 1.39 billion gallons would lower U.S. greenhouse gas emissions by the equivalent of 3 million tons of...

On June 2, 2014, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of its proposed rule on "Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units." This precedent-setting proposal seeks to reduce carbon dioxide from existing power plants by 30 percent by 2030. According to the pre-publication version of the proposed rule, four public hearings will be convened in Atlanta, Pittsburgh, Denver, and...

On Thursday, May 29, 2014, Biofuels Digest published an article by Biobased and Renewable Products Advocacy Group (BRAG™) Executive Director Kathleen Roberts titled “How to Make Friends and Win EPA Approvals: tips for biobased chemicals.” A copy of the article is available online. The article highlights the B&C© affiliate BRAG™ and the session it co-presented with B&C during the Biotechnology Industry Organization’s World Congress on Industrial...

Last week, the U.S. House of Representatives and the U.S. Senate Committee on Armed Services passed versions of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2015 that included starkly different provisions on biofuels. The House version would severely limit U.S. Department of Defense (DOD) authority to promote the procurement of biofuels. For instance, it included a provision that would allow DOD to procure biofuels only if their costs were "equivalent to"...

On Friday, May 23, 2014, the U.S. Department of Agriculture (USDA) released its semi-annual regulatory agenda (Agenda) indicating its intended actions and priorities for the remainder of the year. A copy of USDA's Agenda is available online. According to the Agenda, USDA intends to issue its final rule addressing how its BioPreferred® Program will designate complex products and intermediate materials and feedstocks in July 2014. USDA published its proposed rule on this matter in the...

On Friday, May 23, 2014, EPA published its semi-annul regulatory agenda (Agenda) indicating the Agency's upcoming priorities and timelines. A copy of the Agenda is available online. According to the Agenda, EPA plans to issue several actions that will impact the biofuels industry, including the following: * 2014 Renewable Fuel Standard (RFS): EPA anticipates issuing the final rule in June 2014. BRAG has issued a report on the 2014 RFS. A copy of that report...

On May 21, 2014, Renewable Energy Group, Inc. (REG), a leading U.S. biodiesel producer, and Tyson Foods, Inc. (Tyson) announced that they have agreed to REG's acquisition of Tyson's 50 percent ownership position in Dynamic Fuels, LLC (Dynamic Fuels). Contingent upon the closing of REG's December 2013 announced agreement to acquire substantially all of the assets of Syntroleum Corporation (Syntroleum), the acquisition announced on May 21, 2014, would give REG full ownership of Dynamic...

On May 19, 2014, the Minnesota Department of Agriculture (MDA) announced that it has awarded Segetis, Inc., a green chemistry company based in the State, a $325,000 NextGen Energy Grant. The grant will be used for equipment, capital construction, and materials for operation of a pilot plant for process development required to commercialize their biobased non-phthalate plasticizer. A copy of the MDA press release on the grant awards is available online....

On May 21, 2014, Iowa Governor Terry Branstad (R) signed into law Senate Bill 2344, legislation to help promote the biofuels industry in the State. A copy of the legislation is available online. It extends the biodiesel production tax credit that was scheduled to expire at the end of 2014, enhances Iowa's E-15 retailer tax credit, and adds biobutanol as a renewable fuel option. This law reinforces Iowa's ongoing support for the biofuels industry....

On May 20, 2014, the House Committee on Appropriations' Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies (House Agriculture Appropriations Subcommittee) and the Senate Committee on Appropriations' Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies (Senate Agriculture Appropriations Subcommittee) marked up and passed their separate versions of a Fiscal Year (FY) 2015 spending bill for USDA. A...

On May 15, 2014, the U.S. Senate failed to pass a procedural measure that would have allowed for that body to consider and vote on S. 2260, the "Expiring Provisions Improvement Reform and Efficiency (EXPIRE) Act," the package of tax extenders approved by the Senate Finance Committee in April. The EXPIRE Act includes extensions through December 31, 2015 (and retroactive to January 1, 2014), of the following key biofuels incentives that have expired: the Alternative...

On May 19, 2014, two U.S. Department of Energy (DOE) notices were published in the Federal Register. The first is a notice of an open meeting of the Biomass Research and Development Technical Advisory Committee (Committee). The Committee advises DOE and the U.S. Department of Agriculture (USDA) on the Biomass Research and Development Initiative (BRDI) and priority technical biomass research and development (R&D) needs, and makes recommendations to the Biomass Research and Development Board....

On May 12, 2014, the Silent Spring Institute and the Harvard School of Public Health released a study finding that 17 groups of chemicals found in everyday products could be linked to breast cancer. The groups of chemicals include those found in vehicle exhaust, flame retardants, stain-resistant textiles, including those commonly used to upholster furniture, paint removers, and disinfection byproducts found in drinking water. A copy of the report is available online....

On May 13, 2014, INVISTA and LanzaTech announced that they signed a research and development agreement to focus on the development of gas-fermentation process technology for the production of industrial chemicals from carbon dioxide and hydrogen gas (CO2 and H2) feedstocks. Warren Primeaux, President of INVISTA intermediates, explained that the agreement will "provide INVISTA increased access to LanzaTech's world-class gas-fermentation process technology and help accelerate the...

On May 7, 2014, the U.S. Government Accountability Office (GAO) released a report on "Alternative Jet Fuels: Federal Activities Support Development and Usage, but Long-Term Commercial Viability Hinges on Market Factors." GAO found that [a]chieving price competitiveness for alternative jet fuels is the overarching challenge to developing a viable market." To this end, according to stakeholders consulted for the report, both federal activities — including policy stability...

The 4th Annual Safer Consumer Products Summit was held May 6-8, 2014, in Santa Clara, California, and with the first draft Priority Products (PP) having been announced by California's Department of Toxic Substances Control (DTSC) in March 2014, the regulators, manufacturers, brand owners, and retailers gathered for the Summit were able to engage in substantive and practical discussion and learn from case studies on California's implementation of the Safer Consumer Products Regulations...

Last week, Purdue University (Purdue) President Mitch Daniels, and U.S. Navy Secretary Ray Mabus signed a Memorandum of Understanding (MOU), agreeing to work together on the development of alternative energy sources, including biofuels, for use by the U.S. Navy. As part of the agreement, Purdue has committed to establishing the Purdue Military Research Initiative. This initiative will cover the cost of graduate education for up to ten active duty members of the military pursuing studies...

On May 7, 2014, the U.S. Department of Energy's (DOE) Inspector General (IG), Gregory H. Friedman, issued an audit report on "Implementation of Recommendations from the January 2012 Independent Consultant's Review of the Department of Energy Loan and Loan Guarantee Portfolio." A copy of the report is available online. In the fall of 2011, following the high-profile bankruptcies of alternative energy companies that had received DOE loan guarantees, including Solyndra, Inc....

Renewable Fuel Standard (RFS) advocacy is continuing at a steady pace in anticipation of the expected imminent release of the U.S. Environmental Protection Agency’s (EPA) 2014 final RFS rule. Some biofuels advocates believe that they are making an impact with their stepped-up advocacy, as they believe the Administration will adjust the total renewable and advanced biofuel targets upwards from its proposed reductions to those categories of renewable fuels. The final rule is expected to be...

On May 6, 2014, INVISTA, a large U.S. headquartered integrated producer of chemical intermediaries, polymers, and fibers, and owner of the LYCRA Brand, announced the introduction of the "only commercial offering of a bio-derived spandex available globally and for use in a wide variety of apparel fabrics and garments." The company explains that "[a]pproximately 70 percent by weight of the new LYCRA® bio-derived spandex fiber comes from a renewable source made from dextrose...

The California Department of Toxic Substances Control (DTSC) announced that Director Debbie Raphael will be leaving her position on May 30, 2014, to lead San Francisco's Department of the Environment. Raphael's replacement has not yet been announced. In Raphael's place, Dr. Meredith Williams, DTSC Deputy Director, gave the keynote address at the 4th Safer Consumer Products Summit in Santa Clara, California, sponsored by B&C. Dr. Williams discussed DTSC's decision-making...

This week, the U.S. Global Change Research Program (GCRP), a collaboration of 13 federal agencies and myriad academia, issued its third National Climate Assessment. The 841 page report and a summary of its highlights are available online. This report is significant because compared to previous reports it more definitively attributes human activity as the cause of increased climate change, which is causing more severe weather. The report asserts that climate change is here now and...

The U.S. Senate is expected to consider its version of tax extender legislation, S. 2260, the "Expiring Provisions Improvement Reform and Efficiency (EXPIRE) Act," as early as next week. On April 3, 2014, the Senate Finance Committee approved its version of the EXPIRE Act. The EXPIRE Act includes extensions through December 31, 2015 (and retroactive to January 1, 2014), of the following key biofuels incentives that have expired: the Alternative Fuel Refueling Property Credit; the...

Bergeson & Campbell, P.C. (B&C®) has created an online hub for news, information, and commentary on Toxic Substances Control Act (TSCA) reform that is available at www.TSCAreform.org. B&C's lawyers, scientists, regulatory specialists, and business consultants relentlessly participate in and track developments regarding ongoing TSCA reform efforts and related state regulatory initiatives such as California's Safer Consumer Products Regulations and related developments...

On May 6, 2014, the National Research Council (NRC) released a Congressionally mandated, EPA-sponsored report finding that EPA has made "substantial improvements" to its Integrated Risk Information System (IRIS) since 2011. While the report acknowledges these improvements, it provides recommendations for further IRIS enhancements. For instance, according to the National Academies' press release on the report, "to ensure that the IRIS program provides the best assessments...

On May 2, 2013, EPA published a proposed rule and a direct final rule that would amend its 2013 cellulosic requirement published on August 15, 2013. The rules are available here and here. Through these actions, EPA is proposing a revised and reduced cellulosic standard for 2013 of 810,185 gallons. As EPA explains, the direct final rule will be "effective on July 1, 2014 without further notice, unless EPA receives relevant adverse comment by June...

On May 6, 2014, in what is largely seen as a win for the U.S. Environmental Protection Agency (EPA) and the biofuels industry, the U.S. Court of Appeals for the District of Columbia Circuit rejected the challenge to EPA's final 2013 Renewable Fuel Standard (RFS) rule by Monroe Energy, LLC (Monroe Energy), a refinery and subsidiary of Delta Airlines. In Monroe Energy, LLC v. EPA, the court held that EPA properly utilized its authority under...

BRAG will present "Regulatory Landscape & Implications for Innovation," Thursday, June 19, 2014, at the 18th Annual Green Chemistry & Engineering Conference hosted by the American Chemical Society's Green Chemistry Institute. Speakers and topics include: Lynn L. Bergeson B&C Moderator Emily Tipaldo American Chemistry Council "State chemical management initiatives: Green chemistry? Or, something else?" Sookie Hong 3E Company Department of Regulatory Research...

The BIO World Congress on Industrial Biotechnology, being held May 12-15, 2014, in Philadelphia, Pennsylvania, is the world's largest industrial biotechnology event for business leaders, investors, and policy makers in biofuels, biobased products, and renewable chemicals. BRAG and B&C will present a practical workshop to fully inform, equip, and assist renewable chemical producers in finding the path of least resistance on the road to commercialization. "Commercializing Renewable...

On April 29, 2014, in a 6-2 ruling, the U.S. Supreme Court upheld EPA's view in EPA v. EME Homer City Generation L.P., U.S. Nos. 12-1182 and 12-1183. The opinion is available online. The decision reverses a 2012 ruling by the U.S. Court of Appeals for the District of Columbia Circuit, holding that EPA's Cross-State Air Pollution Rule (CSAPR) exceeded EPA's authority to regulate greenhouse gas emissions under the Clean Air Act (CAA). The CSAPR...

The White House Office of Management and Budget (OMB) has reportedly received the final rule on "RFS Pathways II and Technical Amendments to the RFS2 Standards" (RFS Pathways II rule) from EPA. This is the last step in the process before EPA publishes the final rule. EPA's summary of its proposed RFS Pathways II rule is available online. A copy of the 38-page proposed rule, which was published in the Federal Register on June 14,...

On April 29, 2014, the U.S. House Committee on Energy and Commerce's Subcommittee on Environment and the Economy held a hearing on the revised version of the Chemicals in Commerce Act (CICA2). Details of the hearing provided by the Subcommittee, including its background memorandum, are available online. Subcommittee Chair John Shimkus (R-IL) issued the original version of CICA in March 2014. CICA2 was released on April 22, 2014. Bergeson & Campbell, P.C.'s (B&C®) detailed...

The Environmental Law Institute's (ELI) May/June 2014 issue of ELI Forum features articles from five notable experts representing government, industry, and policy viewpoints on the issue of TSCA reform. Titled "TSCA Redux: Rejuvenating a Timeworn Statute," the publication includes Lynn L. Bergeson, Managing Partner of B&C; Richard A. Denison, Lead Senior Scientist, Environmental Defense Fund; Kathy Kinsey, Deputy Secretary for Regulatory Programs and Operations, Maryland...

With the March 2013 release of its first draft list of Priority Products (PP) (more information is available in the Bergeson & Campbell, P.C. (B&C®) memorandum), the California Department of Toxic Substances Control (DTSC) has opened the floodgates for scrutiny, controversy, and debate on their game-changing Safer Consumer Products Regulations (SCPR). EPA's Jim Jones, DTSC's Meredith Williams, industry leaders, and policy experts will gather at the 4th Safer Consumer Products...

Awards recognizing innovative applications and markets in the European biobased chemicals and materials industry were handed out at the 7th International Conference on Biobased Materials in Cologne, Germany, on April 10, 2014. First prize went to Qmilch Deutschland GmbH (DE) for Qmilk, a biopolymer fiber made from milk protein. The full list of winners is available online....