Biobased Products News and Policy Report -Update from Bergeson & Campbell, P.C.

Biobased and Renewable Products Update
May 5, 2022

Federal

EPA Calls For Submissions For The 2022 Safer Choice Partner Of The Year Awards

The U.S. Environmental Protection Agency (EPA) Safer Choice Program announced on March 28, 2022, that it is accepting submissions for its 2022 Safer Choice Partner of the Year Awards. 87 Fed. Reg. 17287. EPA states that it developed the Partner of the Year Awards “to 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 outstanding or innovative source reduction.” EPA “especially encourages submission of award applications that show how the applicant’s work in the design, manufacture, selection and use of those products promotes environmental justice, bolsters resilience to the impacts of climate change, results in cleaner air or water, or improves drinking water quality.” According to EPA, all Safer Choice stakeholders and program participants in good standing are eligible for recognition. Interested parties who would like to be considered for the award should submit to EPA information about their accomplishments and contributions during 2021. EPA notes that there is no form associated with this year’s application. EPA will recognize award winners at a Safer Choice Partner of the Year Awards ceremony in fall 2022. Submissions are due May 31, 2022.

Senate Committee Hearing On Proposed FY 2023 EPA Budget Includes Discussion Of TSCA And FIFRA Issues

The Senate Committee on Environment and Public Works held a hearing on April 6, 2022, on EPA’s proposed fiscal year (FY) 2023 budget. The only witness was EPA Administrator Michael S. Regan. In his written testimony, Regan states that EPA has significant responsibilities under amendments to the Toxic Substances Control Act (TSCA) to ensure the safety of chemicals in or entering commerce and addressing unreasonable risks to human health or the environment. President Biden’s proposed budget would provide $124 million and 449 full-time equivalents (FTE) to implement TSCA, an increase of more than $60 million. According to Regan, these resources will support EPA-initiated chemical risk evaluations, issue protective regulations in accordance with statutory timelines, and establish a pipeline of priority chemicals for risk evaluation. EPA “also has significant responsibility under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to screen new pesticides before they reach the market and ensure pesticides already in commerce are safe.” Regan notes that in addition, EPA is responsible for complying with the Endangered Species Act (ESA) and ensuring that federally endangered and threatened species are not harmed when EPA registers pesticides. The FY 2023 budget includes an additional $4.9 million to enable EPA’s pesticide program to integrate ESA requirements in conducting risk assessments and making risk management decisions that protect federally threatened and endangered species from exposure to new active ingredients. Additional information is available in Bergeson & Campbell, P.C.’s (B&C®) April 12, 2022, memorandum.

USDA Takes Steps To Implement President Biden’s Plan To Boost Homegrown Biofuels

On April 12, 2022, U.S. Department of Agriculture’s (USDA) Tom Vilsack, Agriculture Secretary, announced steps that USDA is taking to implement President Biden’s plan to enable energy independence by boosting homegrown biofuels. President Biden’s plan aims to reduce energy prices and tackle the rising consumer prices caused by “Putin’s Price Hike.” As part of USDA’s measures to help the Biden Administration to achieve its goals, USDA is making the following investments:

  • $5.6 million in funding for seven states to build infrastructure for renewable fuels through the Higher Blends Infrastructure Incentive Program;
     
  • $700 million for biofuels producers through USDA’s new Biofuel Producer Program;
     
  • $100 million for biofuels infrastructure grants; and
     
  • Billions of dollars to support a new market in sustainable aviation fuels by partnering with the federal government to advance the use of cleaner and more sustainable fuels in the United States.
     

According to USDA, these investments will assist in the development, transportation, and distribution of low-carbon fuels, more affordable and cleaner fuels for consumers, and better market access for producers.

EPA Issues Proposed Rule On The RFS Program

On April 18, 2022, EPA announced the opportunity for public comment on its proposed analysis of the lifecycle greenhouse gas (GHG) emissions associated with biofuels produced from canola/rapeseed oil. EPA’s assessment considers diesel, jet fuel, heating oil, naphtha, and liquefied petroleum gas (LPG) produced from canola/rapeseed oil through a hydrotreating process. EPA is proposing to find that these pathways would meet the lifecycle GHG emissions reduction threshold of 50 percent required for advanced biofuels and biomass-based diesel under the Renewable Fuel Standard (RFS) program. Based on its analyses, EPA is also proposing to approve these fuel pathways, making them eligible to generate Renewable Identification Numbers (RIN) if they meet the definitional and RIN generation criteria for renewable fuel specified in the RFS regulations.

Comments must be submitted by May 18, 2022.

EPA Holds Meeting On TSCA New Chemicals Collaborative Research Program

On April 20-21, 2022, EPA held a virtual public meeting to provide an overview of the TSCA New Chemicals Collaborative Research Program and give stakeholders an opportunity to provide input. As reported in our March 14, 2022, memorandum on the draft document entitled “Modernizing the Process and Bringing Innovative Science to Evaluate New Chemicals Under TSCA,” the Office of Chemical Safety and Pollution Prevention (OCSPP) proposes to develop and implement a multi-year collaborative research program focused on approaches for performing risk assessments on new chemical substances under TSCA. Written comments on the draft document are due May 10, 2022. Additional information is available here.

Research

University Of Groningen And University Of Graz Scientists Create A Molecular Motor From Lignocellulose

On April 9, 2022, researchers from the University of Groningen’s Stratingh Institute for Chemistry and the Department of Chemistry, Organic and Bioorganic Chemistry at the University of Graz, published a study in the journal Green Chemistry titled “A molecular motor from lignocellulose.” The study explores lignin’s use as the largest natural source of functionalized aromatics on the planet and its inherent structural features. The authors showcase the synthesis of a novel light-driven unidirectional motor from a specific aromatic platform chemical that can be obtained through a reductive catalytic fractionation strategy of lignocellulose. Taking into account the principles of green chemistry, the synthetic path used in the study aims to maintain the intrinsic functionality of the lignin-derived platform molecule. The molecular motor is synthesized for the first time from exclusively renewable building blocks sourced from renewable feedstock. According to the study, this concept can be applied as a general strategy that opens paths for future machines, motors, and nanoscience made from sustainable sources. This strategy would benefit the environment and decrease expenses related to hazardous waste management.

Events

May 18, 2022, From 12:00 p.m. To 1:00 p.m. (EDT) — Register Now For “Domestic Chemical Regulation And Achieving Circularity”

A circular economy requires new thinking about what products we make, from which materials we make them, and where products go at the end of their useful lives. An important but often overlooked aspect of new product development is an understanding of the consequences of the product’s chemical composition and the end-of-life implications of the decisions made at the front end of the process. Working within this framework plays a critical role in building a resilient, dependable, and sustainable system that fosters innovation to develop a circular economy. Register now to join Lynn L. Bergeson, Richard E. Engler, Ph.D., Kate Sellers, and Mathy Stanislaus, as B&C presents “Domestic Chemical Regulation and Achieving Circularity.” Additional information is available here.

Topics Covered:

  • Achieving sustainability and the promise of the circular economy;
     
  • Defining sustainable chemistry under the Sustainable Chemistry Research and Development Act;
     
  • Federal policy and TSCA regulatory shifts intended to support sustainability and circularity;
     
  • Transitioning chemicals from research and development (R&D) platforms into the market; and
     
  • Changes to TSCA and FIFRA that affect chemical innovation.
     

Other News

Iowa Capital Dispatch, “Biden: Biofuels ‘Have a Role to Play’ in Easing Gas Prices
DRG News, “Purdue Study Shows Economic Impact of RFS
Phys.org, “Enzymes Discovered in Capybara Gut Could Accelerate Utilization of Agroindustrial Waste
The Print, “India, Brazil Agree to Work towards Developing Bioenergy and Biofuels
ABOUT THE FIRM
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