May 16, 2014

DOE Inspector General Report On Loan Guarantees

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....
May 16, 2014

RFS Advocacy Continues As Final 2014 Rule Expected Soon

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 issued...
May 9, 2014

INVISTA Introduces Commercially Available Biobased Spandex

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...
May 9, 2014

Staff Changes at DTSC, Presentation on Safer Consumer Products Regulations at Conference

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...
May 9, 2014

GCRP Issues Third National Climate Assessment

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 will have more...
May 9, 2014

Senate May Soon Consider Tax Extender Bill

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...
May 9, 2014

B&C

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...
May 9, 2014

NRC Report Finds IRIS Improvements

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...
May 9, 2014

EPA Publishes Proposed And Direct Final Rules Reconsidering The 2013 RFS Cellulosic Requirement

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 2, 2014. If EPA receives relevant adverse...
May 9, 2014

Appeals Court Rules For EPA In Challenge To Its 2013 RFS Rule

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 the federal RFS to set the 2013 RFS volume...
May 2, 2014

ACS Green Chemistry & Engineering Conference, June 17-19, 2014, North Bethesda, Maryland

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...
May 2, 2014

BRAG/BIO World Congress Workshop On Navigating Regulatory Process

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...
May 2, 2014

Supreme Court Reinstates EPA’s Cross-State Air Pollution Rule

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 -- issued under the Obama Administration...
May 2, 2014

OMB Reviewing RFS Pathways Rule As Renewable Fuel Standard (RFS) Activity Remains High

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, 2013, is also available online. The Biobased and...
May 2, 2014

House Energy And Commerce Subcommittee Holds Hearing On Revised Chemicals In Commerce Act

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...
April 25, 2014

TSCA Reform: Do It Now, Or It May Never Be Done

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...
April 25, 2014

Industry And Policymakers To Hold Summit On California SCPR

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...
April 25, 2014

Biobased Material Of The Year 2014 Award Winners Announced

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.
April 25, 2014

Biobased Chemicals Market Expected To Grow By 15 To 18 Percent By 2025

A newly released analysis on the global chemical industry is predicting strong growth for the biobased sector. Consistent with findings released recently from Lux Research and RnR Market Research, Frost & Sullivan's analysis from "Scorecard for the Global Chemicals Industry" reports that the share of biobased chemicals is expected to grow to about 15 to 18 percent of global chemical sales by 2025. As new feedstock supplies and greener processes begin to shape the new chemicals...
April 25, 2014

EPA Questions Results Of DOE-Funded Study Finding GHG Emissions From Cellulosic Fuels

EPA is vigorously questioning results of a U.S. Department of Energy (DOE)-funded study that concludes ethanol produced from crop residues such as corn stover can have higher lifecycle greenhouse gas (GHG) emissions than conventional gasoline, arguing that the findings are based on an "extremely unlikely scenario" of unsubstantiated agricultural practices. RFA is also highly critical of the new study, claiming its "methodology is fundamentally flawed and its conclusions are highly...