Biobased and Renewable Products Update
October 25, 2018
EPA Issues Final TSCA Fees Rule In Federal Register
On October 17, 2018, the U.S. Environmental Protection Agency (EPA) issued its final fees rule under the Toxic Substances Control Act (TSCA) in the Federal Register. 83 Fed. Reg. 52694. The final rule largely tracks the proposed rule. EPA is establishing fees applicable to any person required to submit information to EPA; or a notice, including an exemption or other information, to be reviewed by EPA; or who manufactures (including imports) a chemical substance that is the subject of a risk evaluation. This final rulemaking describes the final TSCA fees and fee categories for fiscal years 2019, 2020, and 2021, and explains the methodology by which the final TSCA fees were determined. It identifies some factors and considerations for determining fees for subsequent fiscal years; and includes amendments to existing fee regulations governing the review of premanufacture notices, exemption applications and notices, and significant new use notices. As required in TSCA, EPA is also establishing standards for determining which persons qualify as “small business concerns” and thus would be subject to lower fee payments. Small businesses will be eligible to receive a substantial discount of approximately 80 percent on their fees. EPA has been hosting a series of webinars focusing on making TSCA submissions and paying fees under the final rule. The first webinar was held on October 10, 2018, and the second was held on October 24, 2018. The third webinar will be held on November 7, 2018, from 1:00 p.m. to 2:30 p.m. (EST). The final rule became effective on October 18, 2018. For an overview of the rule, see Bergeson & Campbell, P.C.’s regulatory developments update.
Trump Administration Releases Its Fall 2018 Agenda
On October 16, 2018, the Office of Information and Regulatory Affairs released the Trump Administration’s Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions (Agenda). The Agenda aims to report on actions that administrative agencies, such as EPA, plan to put forward in the near- and long-terms. As its name implies, the Agenda includes both regulatory and deregulatory actions and attempts to justify any burden associated with these actions. According to its announcement, it should reflect four broad regulatory reform priorities: advancing regulatory reform, public notice of regulatory development, transparency, and consistent practice across the Federal Government.
Included in the Agenda are the Administration’s estimated timelines for the rulemakings on year-round sales of 15 percent ethanol (E15) sales and the Renewable Fuel Standard (RFS) resetting renewable volume obligations (RVO). It is expected that EPA will release a proposed rule on permitting E15 sales year-round in February 2019, with a final rulemaking expected in May 2019. While the final rulemaking on RFS Biomass-Based Diesel (BBD) volume is expected to be announced in November 2018, the rulemaking on the RFS modification of applicable volumes is predicted to be announced in 2019. According to the Agenda, the proposed rule will be announced in January 2019 and the final rule should follow in December 2019.
EC Announces BioWatch
The European Commission (EC) announced on October 16, 2018, the launch of a new web-based tool called BioWatch. Developed by BIOWAYS, a project funded by the European Union (EU), this new tool expands BIOWAYS’ efforts in raising awareness of biobased products and their social, economic, and environmental benefits. BioWatch consists of “an interactive online platform that provides projects in the bioeconomy sector with a free service to position themselves alongside one another and provide direct access to industry, political stakeholders, the media, and the general public.” Essentially, this tool serves as an “e-library” for biobased research and projects for its members. BIOWAYS is currently recruiting biobased industry research projects to begin building its “e-library.” More information is available on its website.
AuNCs: Gold Nanoclusters
In the beginning of October 2018, researchers from the University of California – Berkeley published a paper in Nature Nanotechnology that explains how a new bacterium can produce fuels through artificial photosynthesis upon being fed gold. The formerly undiscovered bacterium, Moorella thermoacetica, allows for the development of photosynthetic biohybrid systems (PBS), linking inorganic light with preassembled biosynthetic pathways. The addition of gold nanoclusters, AuNCs, is used to circumvent electron transfer for existing PBSs through its addition to M. thermoacetica, which is a non-photosynthetic bacterium. “Translocation of these AuNCs into the bacteria enables photosynthesis of acetic acid from CO2 […] realizing CO2 fixation continuously over several days,” which leads to an accelerated production of biofuels.
|■||Eureactiv, “EU Bioeconomy Strategy and IPCC – Planets Apart”|
|■||Dentristry.co.uk, “First Bio-based Plastic Toothbrush Launched”|
|■||Automotive World, “First Biobased Coating Hardener for Lightfast Polyurethane Coatings”|
|■||Chemical Engineering, “Anellotech Announces Scaleup Plans for Bio-Based BTX Production”|
|■||Renewables Now, “BNDES Grants USD 13m to Brazilian Ethanol Producer”|
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The Biobased and Renewable Products Advocacy Group (BRAG®) helps members develop and bring to market their innovative biobased chemical products through insightful policy and regulatory advocacy. BRAG is managed by B&C® Consortia Management, L.L.C., an affiliate of Bergeson & Campbell, P.C.
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