By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On March 25, 2021, researchers from the University of Maryland Department (UMD) of Materials Science and Engineering (MSE) published, in Nature Sustainability, a study titled “A strong, biodegradable and recyclable lignocellulosic bioplastic.” The study outlines UMD MSE’s new in situ lignin regeneration strategy that synthesizes a high-performance bioplastic from lignocellulosic resources such as...
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On April 5, 2021, U.S. Senators Amy Klobuchar (D-MN) and Joni Ernst (R-IA), introduced a $500 million bill on biofuels infrastructure. The bill, titled the Renewable Fuel Infrastructure Investment and Market Expansion Act, would create a grant program to aid fuel retailers in streamlining sales of fuels with higher ethanol blends. These infrastructure grants would be available for five years. Senator Klobuchar...
SAVE THE DATE NEW TSCA AT FIVE Virtual Conference June 30, 2021 This June marks the fifth anniversary of the enactment of the game-changing Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg) that amended the Toxic Substances Control Act (TSCA). With a new Administration and the relentless pace of regulatory developments related to Lautenberg implementation, there are many issues to consider and problems to solve. The Environmental Law Institute (ELI), the...
From June 14 through 18, 2021, the American Chemical Society Green Chemistry Institute (ACS GCI) will host its annual Green Chemistry & Engineering Conference. Fully virtual this year, the conference will include live sessions and poster presentations focused on green and sustainable chemistry and engineering under the 2021 theme of Sustainable Production to Advance the Circular Economy. Registration is now open via this link.
By Lynn L. Bergeson On April 8, 2021, from 12:00 to 1:30 p.m. (EDT), the Environmental Law Institute (ELI), in partnership with BioCycle and the American Biogas Council, will host a webinar titled “Food Scrap Recycling: Opportunities and Realities of Anaerobic Digestion.” The webinar will focus on anaerobic digestion and its ability to create biogas and digestate that can be used as renewable energy products. Registration is required via this link.
April 2, 2021
Canada Adjusts Fees For New Substance Notifications
By Lynn L. Bergeson Under Canada’s New Substances Fees Regulations, fees must be provided with each New Substance Notification (NSN) package submitted under the New Substance Notification Regulations (Chemicals and Polymers). The amount of the fee is dependent on the annual sales in Canada for the notifier, the specific Schedule being submitted, and other services being requested (e.g., confidential search on the Domestic Substances List (DSL) or Non-Domestic Substances List (NDSL) or...
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On March 10, 2021, DOE EERE issued notices of intent (NOIs) for three sustainable transportation technologies funding opportunity announcements (FOAs). Expected in Spring 2021, these FOAs will focus on innovative research, development, demonstration, and deployment (RDD&D) of technologies that will reduce greenhouse gas (GHG) emissions across the transportation sector. Of particular interest is DOE EERE’s NOI for an FOA...
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. DOE EERE announced on March 22, 2021, awards totaling $27.5 million for 16 water infrastructure and treatment projects. Spanning 13 states, each project will focus on bringing new water and wastewater-treatment technologies from the applied R&D stage into the market. According to DOE, increasing numbers of utilities responsible for clean water have shifted from strict wastewater treatment models to a broader model of...
April 2, 2021
DOE Announces RFP On Smart Manufacturing And Selects Projects To Increase Clean Energy In Manufactur
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On March 31, 2021, the U.S. Department of Energy (DOE) Office of Energy Efficiency & Renewable Energy (EERE) announced a new request for proposals (RFP) and $4 million in selections for projects aimed at accelerating the adoption of Smart Manufacturing practices. In support of the Biden Administration’s efforts to encourage innovation and reduce the carbon footprint of the manufacturing sector, the new $2 million RFP...
April 2, 2021
EPA Issues Final Rule Extending The 2019 And 2020 RFS Compliance And Attest Engagement Reporting Dea
By Lynn L. Bergeson On April 1, 2021, the U.S. Environmental Protection Agency (EPA) issued its final modifications of certain compliance dates under the Renewable Fuel Standard (RFS) program. The final rule extends the RFS compliance deadline for the 2019 and 2020 compliance years and its associated deadlines for submission of attest engagement reports for the 2019 and 2020 compliance years for small refineries. The new 2019 compliance year and attest engagement report deadlines are now...
March 29, 2021
EPA Announces Updates to TSCA New Chemicals Program
The U.S. Environmental Protection Agency (EPA) announced on March 29, 2021, that it is evaluating its policies, guidance, templates, and regulations under the Toxic Substances Control Act (TSCA) new chemicals program to ensure they “adhere to statutory requirements,” the Biden-Harris Administration’s executive orders, and other directives. EPA identified several instances where its approach for making determinations and managing risks associated with new chemicals can,...
March 31, 2021 1:30 p.m. - 3:00 p.m. EDT Register here The COVID-19 global pandemic has had far-reaching impacts on business operations. While we are all eager to put the pandemic behind us, other catastrophic events will inevitably occur. To strengthen organizational resilience going forward, we must examine lessons learned and position product stewardship as a key player in business continuity and crisis management. This complimentary future-focused webinar, hosted by the Product Stewardship...
The U.S. Environmental Protection Agency (EPA) announced on March 23, 2021, that it is now accepting nominations for the 2021 Safer Choice Partner of the Year Awards. According to a Federal Register notice scheduled for publication on March 24, 2021, the awards will recognize the leadership contributions of Safer Choice partners and stakeholders who, over the past year, have shown achievement in the design, manufacture, selection, and use of products with safer chemicals that further...
Under Canada’s New Substances Fees Regulations, fees must be provided with each New Substance Notification (NSN) package submitted under the New Substance Notification Regulations (Chemicals and Polymers). The amount of the fee is dependent on the annual sales in Canada for the notifier, the specific Schedule being submitted, and other services being requested (e.g., confidential search on the Domestic Substances List (DSL) or Non-Domestic Substances List (NDSL) or masked name...
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On March 2, 2021, the University of Southern California (USC) Wrigley Institute for Environmental Studies on Santa Catalina Island announced a new aquaculture technique that increases dramatically kelp growth and, consequently, yields four times more biomass than other natural processes. Using a “kelp elevator,” this new technique optimizes growth for bronze-colored floating algae by raising and lowering it to...
March 5, 2021
Bills Incentivizing Biofuels Introduced On The Same Day
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On March 3, 2021, the co-chairs of the House Biofuels Caucus, U.S. Representatives Cindy Axne (D-IA) and Rodney Davis (R-IL), introduced the Renewable Fuels Infrastructure Investment and Market Expansion Act, which would expand access to higher biofuel blends. Building off the U.S. Department of Agriculture’s (USDA) Higher Blends Infrastructure Inventive Program, this bill intends to provide consistent federal investment...
March 5, 2021
American Jobs And Manufacturing Act Of 2021 Would Provide Tax Credits For Domestic Manufacturers
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On March 1, 2021, U.S. Senators Joe Manchin (D-WV) and Debbie Stabenow (D-MI) announced the American Jobs in Energy Manufacturing Act of 2021 (Act), which would incentivize domestic manufacturing of energy technologies by providing tax credits for domestic manufacturers in rural areas. The Act encourages the transition to cleaner energy by driving reinvestment into communities that have been most impacted by economic downturn....
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On February 22, 2021, the U.S. Department of Energy’s (DOE) National Renewable Energy Laboratory (NREL) announced its comprehensive strategy to decarbonize transportation by 30-85 percent by 2050. A strategy based on research and engineering, it aims to enable industry stakeholders, government bodies, communities, and early adopters to meet their climate goals. In a nutshell, the strategy takes a whole-system approach to...
March 5, 2021
Richard E. Engler, Ph.D. And Jeffrey T. Morris, Ph.D. Publish “Why The US EPA Can, And Should, Evalu
By Richard E. Engler, Ph.D. In the 21st century, we take as given a continuous stream of new and better products. From electronics to building materials to transportation solutions, the flow of new and better products and applications seems unending. New chemical substances play a fundamental role in creating those products and making existing products better. If the pipeline of new chemicals were closed off, the flow of new products and applications would slow to a trickle and eventually dry...
February 25, 2021
EC Calls for Applications for Expert Group on Chemicals Strategy for Sustainability
On February 23, 2021, the European Agency for Safety and Health at Work (EU-OSHA) announced that in association with other relevant Directorates-General (DG) of the European Commission (EC), DG Environment has opened a call for applications to select members for an expert group, the High-Level Roundtable on Implementation of the Chemicals Strategy for Sustainability. According to EU-OSHA, the expert group’s mission “is to set the Chemicals Strategy for Sustainability...
February 19, 2021
EPA Extends Comment Period for Proposed Updates to TSCA Fees Rule
The U.S. Environmental Protection Agency (EPA) announced on February 19, 2021, that it is extending the public comment period on proposed updates to the Toxic Substances Control Act (TSCA) fees rule to give stakeholders more time to review and comment. The current comment period was set to close on February 25, 2021. EPA is extending the comment period an additional 30 days. Information on the proposed updates is available in our December 30, 2020, memorandum, “EPA Intends Proposed...
February 11, 2021
EPA Updates TSCA CBI Review Statistics
The U.S. Environmental Protection Agency (EPA) published on February 8, 2021, a periodic update of the Toxic Substances Control Act (TSCA) confidential business information (CBI) review statistics. TSCA Section 14(g)(1) requires that EPA, within 90 days of receipt of a CBI claim: Review and make determinations on CBI claims for chemical identity after the chemical substance has been offered for commercial distribution; and Review and make determinations on a representative subset of...
February 9, 2021
Following Brexit, UK Establishes New Chemical Regulatory Regimes
The United Kingdom (UK) completed its withdrawal from the European Union (EU) on December 31, 2020, and, as of January 1, 2021, is a “third country” from the EU perspective. Companies worldwide must be aware of the significant implications for compliance under the following newly established independent chemical regulatory regimes: the Great Britain (England, Scotland, and Wales) (GB) Biocidal Products Regulation (GB BPR); the GB Classification, Labeling, and Packaging Regulation...
February 5, 2021
EPA Issues Request For Comment On RFS Petition For Waiver Requests
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On January 19, 2021, EPA issued a request for comment on petitions submitted in 2020 for a waiver of the RFS obligations that apply to 2019 and 2020. The petitions argue that recent events warrant EPA exercising its general waiver authority on the basis of severe economic harm. In late March 2020, a group of small refineries requested a waiver of the 2019 and 2020 RFS obligations. In April 2020, Governors of several states...
February 5, 2021
EPA And OSHA Sign MOU For Implementing TSCA Section 5
By Lynn L. Bergeson On January 12, 2021, EPA and the Occupational Safety and Health Administration (OSHA) announced a memorandum of understanding (MOU) that advances collaboration and communication on EPA’s review of new chemicals under TSCA. EPA states that the MOU provides a framework for coordination and communication between the two agencies on exposure to new chemicals in the workplace and will help achieve the agencies’ shared goal of ensuring workers are...
February 5, 2021
EPA Issues Proposed Rule Extending 2019 And 2020 RFS Compliance And Attesting Reporting Deadlines
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. EPA, on January 15, 2021, issued a proposed rule to modify certain compliance dates under the Renewable Fuel Standard (RFS). The proposed deadline extension for the 2019 compliance year and the associated deadline for submission of attest engagement reports for the 2019 compliance year for small refineries are as follows: November 30, 2021, and June 1, 2022, respectively. The second extension would be for the 2020...
February 5, 2021
Biden Executive Order On The Climate Crisis Includes Provisions On Sustainable Bioproducts and Biofu
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On January 27, 2021, U.S. President Biden signed an “Executive Order on Tackling the Climate Crisis at Home and Abroad,” which established a National Climate Task Force (Task Force) and puts the climate crisis at the forefront of U.S. domestic and foreign policy. Highlighting the urgency in addressing the climate crisis, this EO requires short-term global reductions of greenhouse gas (GHG) emissions and net-zero...
By Lynn L. Bergeson On January 13, 2021, DOE’s Office of Energy Efficiency and Renewable Energy (EERE) announced the availability of $123.6 million in funding and $44.7 million of cost share available for 46 projects to stimulate technology innovation, improve energy productivity of American manufacturing, and enable the manufacturing of cutting-edge products in the United States. The 46 projects that will be selected under this funding opportunity announcement will focus in...
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On January 19, 2021, the U.S. Department of Energy (DOE) released its Plastics Innovation Challenge Draft Roadmap (Draft Roadmap) alongside a Request for Information (RFI) seeking stakeholder input on the draft document. The Plastics Innovation Challenge is a DOE program focused on accelerating innovations in energy-efficient plastic recycling technologies. The aim of the Plastics Innovation Challenge is to make domestic...
February 5, 2021
Court Grants EPA’s Motion To Vacate And Remand Final Rule On “Strengthening Transparency In Pivotal
By Lynn L. Bergeson On February 1, 2021, the U.S. District Court for the District of Montana granted the U.S. Environmental Protection Agency’s (EPA) January 31, 2021, unopposed motion to vacate and remand its January 6, 2021, final rule on “Strengthening Transparency in Pivotal Science Underlying Significant Regulatory Actions and Influential Scientific Information” (86 Fed. Reg. 469). EDF v. EPA, No. 4:21-cv-03-BMM. On January 11, 2021, the Environmental Defense...
January 12, 2021
Comments on Proposed Changes to TSCA Fees Rule Due February 25
On January 11, 2021, the U.S. Environmental Protection Agency (EPA) published a proposed rule that would amend the 2018 Toxic Substances Control Act (TSCA) fees rule. 86 Fed. Reg. 1890. Under TSCA, EPA collects fees from chemical manufacturers and processors to help fund implementation and to ensure that public health and the environment continue to be protected. TSCA requires EPA to review its fees every three years and, after consulting with parties potentially...
The U.S. Environmental Protection Agency (EPA) announced on January 8, 2021, that it released an updated and improved version of OncoLogic™, a system used to evaluate a chemical’s potential to cause cancer. EPA states that, in partnership with the Organization for Economic Cooperation and Development (OECD), it developed “a more user-friendly version of the most widely used piece of this system, greatly expanding its usability across the agency and the scientific...
January 8, 2021
Swansea University Researchers Develop One-Step Method For Producing Porous Carbon Spheres
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. Researchers at Swansea University’s Energy Safety Research Institute have developed a new method that produces spheres that have strong capacity for carbon capture and work at a large scale. Described as “[a] fast, green and one-step method for producing porous carbon spheres, which are a vital component for carbon capture technology and for new ways of storing renewable energy,” the method was developed by a...
January 8, 2021
Sigma Xi Now Accepting Nominations For Various Prizes And Awards
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. The Scientific Research Honor Society (Sigma Xi) is accepting nominations until January 31, 2021, for awards that recognize achievements in science or engineering research and communication. Nominations are being accepted for the following awards: Gold Key Award – Presented to an individual who has made contributions to their profession and fostered critical innovations to enhance the health of the research enterprise,...
January 8, 2021
Canada Announces Proposed Clean Fuel Regulations
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On December 19, 2020, the Government of Canada’s Department of the Environment published a proposed rule titled Clean Fuel Regulations. The proposed rule addresses Canada’s concerns in achieving its net-zero emissions by 2050 under the Paris Agreement. In an effort to reduce the largest sources of greenhouse gases (GHG), the Clean Fuel Regulations would require liquid fossil fuel primary suppliers to reduce the carbon...
January 8, 2021
EPA Issues Strengthening Transparency Rule In Final
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On January 6, 2021, EPA issued in final its rule titled “Strengthening Transparency in Pivotal Science Underlying Significant Regulatory Actions and Influential Scientific Information.” The rule establishes how EPA will consider the availability of dose-response data underlying pivotal science used in its significant regulatory actions and influential scientific information. Under this rule, EPA will give greater...
January 8, 2021
EPA Provides Companies Opportunity To Submit, Amend, Or Withdraw Filings Under TSCA Active-Inactive
By Lynn L. Bergeson EPA announced on January 5, 2021, that it is reopening the reporting period under the TSCA Inventory notification active-inactive rule where companies identified chemicals that were manufactured, imported, or processed in the United States during the ten-year time period ending on June 21, 2016. As reported in our June 26, 2017, memorandum, “EPA Issues Final TSCA Framework Rules,” the final TSCA Inventory notification (active-inactive) rule established...
January 8, 2021
DOE EERE Announces Funding For Bioenergy R&D
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. DOE’s EERE announced an FOA of up to $35 million for bioenergy feedstock technologies and algae R&D. This FOA supports the White House’s priority to advance the domestic bioeconomy and DOE’s Bioenergy Technologies Office’s (BTO) goal to improve the performance and lower the cost and risk of technologies that can be used to produce biofuels, biopower, and bioproducts. Topic areas include the...
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On December 14, 2020, DOE’s Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Programs Office issued its fiscal year (FY) 2021 Phase I Release 2 Funding Opportunity Announcement (FOA) for the SBIR and STTR Programs. Participating in the FOA are the following DOE program offices: Office of Cyber Security, Energy Security, and Emergency Response; Office of Defense Nuclear Nonproliferation;...
January 8, 2021
DOE Announces Winners Of Phase II Battery Recycling Prize
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On December 17, 2020, the U.S. Department of Energy’s (DOE) Office of Energy Efficiency and Renewable Energy (EERE) announced the seven winners of Phase II of the Lithium-Ion Battery Recycling Prize. The prize is designed to facilitate innovative solutions to collecting, storing, and transporting discarded lithium-ion batteries for eventual recycling. Its goal is to develop processes that have the potential to capture 90...
January 8, 2021
EPA Compliance Advisory Addresses Applicability Of TSCA To Chemicals Made From Petroleum And Renewab
By Lynn L. Bergeson EPA has posted a Compliance Advisory entitled “Applicability of the Toxic Substances Control Act to Chemicals made from Petroleum and Renewable Sources Used as Fuels and Fuel Additives and Distillates.” The Compliance Advisory states that EPA is reaffirming that chemical substances used as fuels, fuel additives, and distillates made from either petroleum or renewable sources are subject to TSCA. Anyone who plans to manufacture (including import) a...
By Lynn L. Bergeson On December 21, 2020, the U.S. Environmental Protection Agency (EPA) released a pre-publication notice of proposed updates to the Toxic Substances Control Act (TSCA) Fees Rule. Specifically, the proposed updates to the original 2018 TSCA Fees Rule include: Narrowing the scope of the rule by exempting importers of articles containing a chemical substance, companies that produce a chemical as a byproduct or manufacture or import as an impurity, companies that...
January 2, 2021
Dan Utech Is EPA’s Incoming Chief of Staff
Dan Utech, Incoming Chief of Staff for the U.S. Environmental Protection Agency (EPA), announced to EPA on January 21, 2021, that until Michael Regan, Secretary of the North Carolina Department of Environmental Quality, is confirmed as EPA Administrator, Jane Nishida will serve as Acting Administrator. In his announcement, Utech notes that on January 20, 2021, President Biden signed an Executive Order on Protecting Public Health and the Environment and Restoring Science to Tackle the...
By Lynn L. Bergeson On November 25, 2020, EPA announced the amendment of the Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) regulations by extending the submission deadline for 2020 reports. CDR submissions are now due on January 29, 2021. According to EPA, this is the final extension, and it only applies to 2020 submissions. CDR regulations require manufacturers of certain chemical substances included on the TSCA Chemical Substance Inventory to report data on the...
December 4, 2020
Newly Introduced Bill Encourages Low-Carbon Fuel Production
By Lynn L. Bergeson On November 18, 2020, U.S. Representatives Cheri Bustos (D-IL) and Jim Hagedorn (R-MN) introduced a bipartisan, bicameral legislation that aims to lower greenhouse gas (GHG) emissions and encourage low-carbon fuel production. Titled “The Streamlining Advanced Biofuels Registration Act,” this bill would eliminate existing barriers for biofuels plants to increase production of cellulosic biomass into renewable fuels. Representative Bustos criticized the lack of...
December 4, 2020
DOE Calls For White Papers On Its Co-Optima Initiative
By Lynn L. Bergeson On November 13, 2020, DOE’s EERE announced that the Co-Optimization of Fuels & Engines (Co-Optima) initiative issued a call for white papers. The Co-Optima initiative focuses on the development of new high-performance fuels that, when combined with advanced combustion approaches, can increase energy efficiency and reduce the carbon footprint. The initiative is seeking white papers to leverage National Laboratory resources and overcome technical challenges to...
December 4, 2020
DOE Announces New Hydrogen Program Plan
By Lynn L. Bergeson On November 12, 2020, DOE issued its multi-year Hydrogen Program Plan aimed at providing a strategic framework for its hydrogen research, development, and demonstration (RD&D) efforts. A coordinated departmental effort, the Hydrogen Program focuses on the advancement of affordable production, transport, storage, and use of hydrogen across different economy sectors. Offices involved in this plan include DOE’s EERE, FE, NE, and the Advanced Research Projects...
December 4, 2020
DOE SBIR/STTR Issues Phase I Release 2 FOA Topics
By Lynn L. Bergeson On November 9, 2020, the U.S. Department of Energy’s (DOE) Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs office issued topics for its Fiscal Year (FY) 2021 SBIR/STTR Phase I Release 2 Funding Opportunity Announcement (FOA). Participating in the FOA are the following program offices: Office of Cyber Security, Energy Security, and Emergency Response (CESER); Office of Defense Nuclear Nonproliferation (NNSA); Office...
November 6, 2020
EC Approves Sweden’s Prolongation Of Tax Exemption For Biofuels
By Lynn L. Bergeson On October 8, 2020, the European Commission (EC), under the European Union (EU) State aid rules, approved the prolongation of tax exemptions for biofuels in Sweden. Having exemptions for liquid biofuels from energy and carbon emissions taxation since 2002, Sweden’s scheme aims to increase biofuels use while reducing the fossil fuels use in transport. With EC’s decision, the tax exemption has now been prolonged by one year from January 1, 2021, until December...
November 6, 2020
Manitoba Government Working On Amendments To Biofuels Mandates
By Lynn L. Bergeson The government of Manitoba, Canada, is currently working to amend three regulations under the Biofuels Act. The amendments will update Manitoba’s clean fuel standards by increasing the ethanol and renewable fuel content in gasoline. The proposed amendments include: “Ethanol General Regulation is amended to: Include the latest fuel standards for ethanol blended gasoline; Remove the quarterly reporting requirements of obligated entities; and...