Biobased and Renewable Products News: EPA
April 10, 2020
EPA Submits Letter To Congress: “Correct The Record On The Temporary Enforcement Policy”
EPA announced on April 2, 2020, that it sent a letter to all members of Congress to correct the record on its temporary policy regarding enforcement of environmental legal obligations during the COVID-19 pandemic. EPA states that “[a]s should be apparent to anyone who reads the policy, allegations that EPA ‘will cease all enforcement actions during the coronavirus pandemic’ and that the temporary policy ‘absolves polluters of all responsibility’ are simply not true.” According to EPA, it expects regulated entities to comply with all obligations, and if they ... read more >
October 2, 2020
EPA Releases Final Rule Intended To Promote Transparency In Developing Regulatory Guidance Documents
On September 14, 2020, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of a final rule establishing the procedures and requirements for how EPA will manage the issuance of guidance documents consistent with Executive Order (EO) 13891, “Promoting the Rule of Law Through Improved Agency Guidance Documents.” The final regulation provides a definition of guidance document for the purposes of this rule, establishes general requirements and procedures for certain guidance documents issued by EPA, and incorporates additional requirements for guidance ... read more >
October 2, 2020
EPA Announces 2020 Safer Choice Partner Of The Year Award Winners
On September 24, 2020, EPA announced the 2020 Safer Choice Partner of the Year award winners. EPA recognized 18 Safer Choice Partner of the Year award winners across ten states and the District of Columbia for achievement in the design, manufacture, selection, and use of products with safer chemicals that further outstanding or innovative source reduction. EPA states that the Safer Choice program helps consumers and purchasers for facilities, such as schools and office buildings, find products that perform and are safer for human health and the environment. According to EPA, the 2020 Partner ... read more >
October 2, 2020
EPA Extends Public Comment Period On ICR On Anaerobic Digestion Facilities Processing Wasted Food
On September 29, 2020, EPA announced that it has submitted for review and approval an information collection request (ICR) on Anaerobic Digestion Facilities Processing Wasted Food to Support EPA’s Sustainable Materials Management Program and Sustainable Management of Food Efforts to the Office of Management and Budget (OMB). EPA’s Federal Register notice proposes the renewal of a previous ICR, which is currently approved through September 30, 2020. EPA had previously requested comments on this ICR in June and is now extending the comment period by an additional 30 days. Public ... read more >
August 7, 2020
EPA OIG Finds Safer Choice Program Would Benefit From Formal Goals And Additional Oversight
By Lynn L. Bergeson
On June 30, 2020, EPA’s Office of Inspector General (OIG) released a report on its audit to determine whether the Safer Choice program effectively meets its goals and whether the program achieves quality standards through its product qualification, renewal, and required audit processes. OIG states that EPA’s Safer Choice program does not have formal goals included in the FY 2018-2022 EPA Strategic Plan, and the program has not reported results for FYs 2018-2019. The program does have internal, non-outcome-oriented goals, however, which it is generally ... read more >
June 12, 2020
EPA Announces Request For Comments On ICR For Its P2 Awards Program
On June 11, 2020, the U.S. Environmental Protection Agency (EPA) announced that its Pollution Prevention (P2) Awards Program is planning to submit an information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval. Before proceeding with the ICR, however, EPA is soliciting public comments on specific aspects of the proposed ICR. EPA’s P2 Program consists of a voluntary program that encourages businesses and facilities to adopt P2 projects that reduce financial costs associated with waste management and cleanup, as well as environmental costs ... read more >
April 10, 2020
EPA Extends Comment Period For SNPRM On Strengthening Transparency
On March 3, 2020, EPA announced the availability of a supplemental notice of proposed rulemaking (SNPRM) to the Strengthening Transparency in Regulatory Science proposed rule. EPA notes that the SNPRM “is not a new rulemaking; rather, it provides clarifications on certain terms and aspects of the 2018 proposed rule.” The SNPRM:
Proposes that the scope of the rulemaking applies to influential scientific information, as well as significant regulatory decisions;
Defines and clarifies that the proposed rule applies to data and models underlying both pivotal science and pivotal ... read more >
April 3, 2020
EPA Requests SAB And SAB Standing Committee Nominations
On April 1, 2020, the U.S. Environmental Protection Agency (EPA) announced that it is now accepting nominations of scientific experts to be considered for appointment to its Science Advisory Board (SAB) and four SAB standing committees. EPA is seeking candidates from a wide range of disciplines including analytical chemistry, forestry, modeling, toxicology, and benefit-cost analysis, among many others. The four SAB standing committees seeking experts are:
The Agricultural Science Committee (ASC) – It provides advice to the chartered SAB on matters that have been determined to have a ... read more >
April 3, 2020
EPA Announces and Clarifies Temporary Enforcement Discretion Policy
EPA announced on March 26, 2020, a temporary policy regarding enforcement of environmental legal obligations during the COVID-19 pandemic. EPA states that its temporary enforcement discretion policy applies to civil violations during the COVID-19 outbreak. The policy addresses different categories of noncompliance differently. For example, according to EPA, it “does not expect to seek penalties for noncompliance with routine monitoring and reporting obligations that are the result of the COVID-19 pandemic but does expect operators of public water systems to continue to ensure the safety ... read more >
March 27, 2020
Yvette T. Collazo Will Be New Director Of EPA’s OPPT
Effective March 29, 2020, Yvette T. Collazo will be the new Director of EPA’s Office of Pollution Prevention and Toxics (OPPT). Ms. Collazo previously worked for the U.S. Department of Energy (DOE), where she led activities related to federal contracts and agreements of more than $250 million for the cleanup of radiological, industrial, and groundwater hazards resulting from decades of nuclear material production at DOE’s Savannah River facility. Ms. Collazo also served as Senior Advisor and Director for the Office of Technology Innovation and Development at DOE’s Office of ... read more >
March 27, 2020
Safer Choice Program Accepting Submissions For 2020 Safer Choice Partner Of The Year Awards
EPA published a Federal Register notice on March 23, 2020, announcing that the EPA Safer Choice program is accepting submissions for its 2020 Safer Choice Partner of the Year Awards. 85 Fed. Reg. 16334. 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, furthering outstanding or innovative source reduction. All Safer Choice stakeholders and program participants in good ... read more >
March 20, 2020
EPA Announces SNPRM On Strengthening Transparency In Regulatory Science
On March 18, 2020, EPA published its supplemental notice of proposed rulemaking (SNPRM) titled “Strengthening Transparency in Regulatory Science” in the Federal Register. Per last week’s Bergeson & Campbell, P.C. (B&C®) blog post, the supplemental notice proposes the following changes to the 2018 proposed rulemaking:
A scope that applies to influential scientific information and significant regulatory decisions;
A modified approach to the availability provisions for data and models that would underlie influential scientific information and significant ... read more >
March 13, 2020
EPA Announces SNPRM On Strengthening Transparency In Regulatory Science
On March 3, 2020, EPA announced that a supplemental notice of the proposed rulemaking (SNPRM) titled “Strengthening Transparency in Regulatory Science” will be published in the Federal Register in the near future. While the notice would only modify EPA internal procedures, industry stakeholders are asked to comment on the proposed rule during a 30-day period after the date of publication in the Federal Register. The supplemental notice proposes the following changes to the 2018 proposed rulemaking:
A scope that applies to influential scientific information and significant ... read more >
March 6, 2020
New Guidance Portal Provides Public Access To EPA Guidance Documents
On February 28, 2020, the U.S. Environmental Protection Agency (EPA) announced that, in support of President Trump’s (R) Executive Order to promote transparency, EPA launched a new guidance portal that provides public access to its guidance documents. According to EPA, the new searchable database will make it easier for the regulated community to find and follow agency guidance. On October 9, 2019, President Trump issued Executive Order 13891, Promoting the Rule of Law Through Improved Agency Guidance Documents, to promote transparency by ensuring that all active guidance documents are ... read more >
March 6, 2020
Madison Le Will Be Director Of EPA’s Chemical Control Division
Effective March 15, 2020, Madison Le will join the U.S. Environmental Protection Agency’s (EPA) Office of Pollution Prevention and Toxics (OPPT) as Director of the Chemical Control Division (CCD). Ms. Le will replace Acting Director Lynn Vendinello. Ms. Le is currently Director of the Fuels Compliance Policy Center within the Office of Air and Radiation. In that capacity, Ms. Le manages the implementation of EPA’s national fuels programs, including the Renewable Fuel Standard Program, Tier 3 Gasoline, Ultra-Low Sulfur Diesel, and Fuels and Fuel Additives Registration. Prior to ... read more >
February 21, 2020
EPA Pollution Prevention Program Requests Applications
The EPA Pollution Prevention (P2) Grant Program has announced the availability of funds to provide technical assistance (e.g., information, training, tools) to businesses to encourage the development and implementation of source reduction practices. EPA states that source reduction practices can help businesses save money by reducing resource use, expenditures, waste, and liability costs, while at the same time reducing their environmental footprint and helping to protect human health and the environment. Applications for fiscal years (FY) 2020 and 2021 are due March 31, 2020.
EPA states ... read more >
February 14, 2020
TSCA Stakeholders Beware: Enforcement Is On The Rise
Federal enforcement of chemical product laws is alive and well, despite a broadly held misconception to the contrary. We have seen over the past 18 months or so an uptick in federal enforcement under the Toxic Substances Control Act (TSCA) and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Bergeson & Campbell, P.C. (B&C®) writes to alert stakeholders of this fact. B&C believes that this trend will continue in 2020. Check out its memorandum on the topic ... read more >
February 7, 2020
EPA Pollution Prevention Grant Program Requests Applications
The U.S. Environmental Protection Agency (EPA) Pollution Prevention (P2) Grant Program has announced the availability of funds to provide technical assistance (e.g., information, training, tools) to businesses to encourage the development and implementation of source reduction practices. EPA states that source reduction practices can help businesses save money by reducing resource use, expenditures, waste, and liability costs, while at the same time reducing their environmental footprint and helping to protect human health and the environment. Applications for fiscal years (FY) 2020 and 2021 ... read more >
November 15, 2019
EPA Holds Webinar on Green Chemistry Challenge Awards Program
On Wednesday, November 13, 2019, at 3:00 p.m. (EST), the U.S. Environmental Protection Agency (EPA) held a webinar on the Green Chemistry Challenge Awards Program. Participants learned about applying for the 2020 Green Chemistry Challenge Awards. The webinar presentation covered award eligibility, the application process, and evaluation criteria. There were also questions from the webinar participants.
As reported in Bergeson & Campbell’s (B&C®) September 20, 2019, blog item, EPA is now accepting nominations for the 2020 Green Chemistry ... read more >
November 15, 2019
EPA Announces New Web Pages Providing New Chemical Notices Receipt Information
EPA announced on November 13, 2019, that it published “new, easily-searchable” web pages displaying information on:
Premanufacture Notices (PMN), Significant New Use Notices (SNUN), Microbial Commercial Activity Notices (MCAN), and Test Market Exemption Applications (TMEA);
Notices of Commencement of Manufacture or Import (NOC); and
Test information submitted under Section 5 of the Toxic Substances Control Act (TSCA).
EPA notes that it is required to publish information pertaining to new chemical submissions under TSCA Section 5. EPA states that ... read more >
October 18, 2019
EPA OIG Will Audit EPA’s Safer Choice Program
On September 23, 2019, the U.S. Environmental Protection Agency (EPA) Office of Inspector General (OIG) announced that it plans to begin fieldwork on EPA’s Safer Choice program. According to OIG, its objectives are to identify and assess the controls that EPA has in place to verify that the Safer Choice program meets its goals and achieves quality standards through its product qualification, renewal, and required audit process. OIG states that Safer Choice “is a voluntary labeling program that helps consumers and commercial buyers find chemical-based products that are safer for ... read more >
October 18, 2019
EPA Releases Its Supplemental Proposal On RFS
On October 15, 2019, EPA Administrator, Andrew Wheeler, signed a supplemental notice of the proposed rule on the Renewable Fuel Standard (RFS) that proposes to establish the cellulosic biofuel, advanced biofuel, and total renewable fuel volumes for 2020 and the biomass-based diesel volume for 2021. Although the rule does not change the volumes for 2020 and 2021 proposed in July 2019, it proposes and seeks comment on adjustments to the way that annual renewable fuel percentages are calculated. Annual renewable fuel percentage standards are used to calculate the number of gallons each ... read more >
September 27, 2019
EPA Calls For Nominations For 2020 Green Chemistry Challenge Awards
The U.S. Environmental Protection Agency (EPA) announced on September 18, 2019, that it is now accepting nominations for the 2020 Green Chemistry Challenge Awards for companies or institutions that have developed a new process or product that helps protect public health and the environment. EPA defines green chemistry as the design of chemical products and processes that reduce both the generation and use of chemicals that are hazardous to the environment and people’s health. Nominations for innovative technologies featuring the design of greener chemicals and products, greener chemical ... read more >
September 27, 2019
Winners Of The 2019 Safer Choice Partner Of The Year Award Announced
On September 25, 2019, EPA’s Office of Pollution Prevention and Toxics (OPPT) recognized fourteen Safer Choice Partner of the Year award winners for their outstanding achievements in the design, manufacture, selection, and use of products with safer chemicals for use in households and facilities nationwide. Representing businesses, including woman-owned, small- and medium-sized, local government, and associations, winners from across 12 states and the District of Columbia were ... read more >
September 13, 2019
EPA Updates FY 2018-2022 Strategic Plan
On September 9, 2019, the U.S. Environmental Protection Agency (EPA) announced an update to its Fiscal Year (FY) 2018-2022 Strategic Plan. According to EPA’s announcement, the only part of the plan that has been modified is its language of the strategic goals. Aiming to better reflect EPA’s environmental and policy goals, EPA Administrator Andrew Wheeler stated that this “update helps us [EPA] more clearly articulate our goals and commitment to providing greater regulatory certainty to states, tribes, and local governments.” The update includes three updated goal ... read more >
August 30, 2019
EPA Announces Revision To Current Pesticide Crop Grouping Regulations
On August 27, 2019, the U.S. Environmental Protection Agency (EPA) announced via the Federal Register, proposed revisions to its pesticide tolerance crop grouping regulations. These regulations allow the establishment of tolerances for multiple related crops based on data from a representative set of crops. EPA is proposing the revision of one commodity definition and the addition of three new commodity definitions. In addition, EPA’s proposal includes an amendment to the herbs and spices crop group currently provided in Crop Group 19. The crops in current Crop Group 19: Herbs and ... read more >
August 23, 2019
EPA IG Asked To Investigate Exemptions From RFS
On August 21, 2019, Iowa Democratic Representative Cindy Axne asked the U.S. Environmental Protection Agency’s (EPA) Inspector General (IG) to investigate how EPA decided to grant the exemptions from the Renewable Fuel Standard (RFS) requested by oil refiners. EPA approved 31 petitions for waivers from the 2018 requirements. Lawmakers are not pleased at what appears to be EPA favoring the oil industry. Hence, Representative Axne’s call for an IG investigation into how EPA decided to expand the number of waivers it issued since President Trump came into office. Representative ... read more >
August 16, 2019
EPA OIG Publishes Report On Its Compliance With The Law
On August 9, 2019, the U.S. Environmental Protection Agency (EPA) published a report on its compliance with the law titled EPA Exceeded the Deregulatory Goals of Executive Order 13771. Executive Order 13771, titled Reducing Regulation and Controlling Regulatory Costs, includes regulatory savings goals for FYs 2017 and 2018, EPA’s deregulatory actions, and its compliance with the Office of Management and Budget’s (OMB) goal-setting requirements. EO 13771 was issued to manage costs associated with existing and new regulations established by federal agencies. Commonly referred to as ... read more >
August 2, 2019
EPA Assistant Administrator Dunn Speaks About The Future Of TSCA
On July 25, 2019, Bergeson & Campbell, P.C. (B&C®) hosted a webinar titled “New TSCA at 3: Key Implementation Issues” led by B&C’s Managing Partner, Lynn L. Bergeson. Webinar speakers included the U.S. Environmental Protection Agency’s (EPA) Assistant Administrator, Alexandra Dapolito Dunn, and B&C’s Director of Chemistry and former EPA staff, Richard E. Engler, Ph.D. Assistant Administrator Dunn’s presentation outlined EPA’s Office of Chemical Safety and Pollution Prevention (OCSPP) accomplishments and priorities three years after ... read more >
August 2, 2019
EPA Holds Public Hearing On RVO Proposed Rule Under RFS
On July 31, 2019, EPA held a public hearing in Ypsilanti, MI, to obtain stakeholders’ input on its proposed rule to set Renewable Fuel Standard (RFS) 2020 renewable volume obligations (RVO) and 2021 biomass-based diesel volume. Among the various stakeholders providing oral statements to EPA were representatives from Growth Energy, the National Corn Growers Association (NCGA), the Renewable Fuels Association (RFA), Hero BX, and the National Biodiesel Board (NBB). Most of the oral comments provided were in opposition to the proposed rule. Industry representatives highly critized the ... read more >
July 12, 2019
EPA Accepting Submissions For 2019 Safer Choice Partner Of The Year Awards
The U.S. Environmental Protection Agency (EPA) published a Federal Register notice on June 28, 2019, announcing that the EPA Safer Choice Program is accepting submissions for its 2019 Safer Choice Partner of the Year Awards. The Safer Choice Program partners with businesses and others to help consumers and commercial buyers identify products with safer chemical ingredients, “without sacrificing quality or performance.” Toward this end, according to EPA, the Safer Choice Program certifies products containing ingredients that have met the Program’s “specific and rigorous ... read more >
June 14, 2019
EPA Presents The Green Chemistry Challenge Awards
On June 10, 2019, the U.S. Environmental Protection Agency (EPA) hosted the Green Chemistry Challenge Awards Ceremony, where four awards were given to academics, scientists, and business innovators across the industry sector. Promoting environmental and economic benefits of developments in green chemistry, EPA, in partnership with the American Chemical Society (ACS) Green Chemistry Institute granted four awards. Congratulated by EPA Assistant Administrator Alexandra Dapolito Dunn, the 2019 awardees included:
Academic Award -- Professor Sanjoy Banerjee, The City University of New York ... read more >
June 7, 2019
EPA Issues In Final Regulatory Changes Allowing E15 Sale Year-Round
On May 30, 2019, the U.S. Environmental Protection Agency (EPA) released in final the regulatory changes allowing gasoline blended with up to 15 percent ethanol (E15) to take advantage of the 1-psi Reid Vapor Pressure (RVP) waiver that applies to E10 during the summer months. This means that E15 can now be sold year-round in the U.S. without additional RVP control rather than just eight months of the year. EPA also released in final the rulemaking regulatory changes to modify certain elements of the renewable identification number (RIN) compliance system under the Renewable Fuel Standard ... read more >
May 24, 2019
EPA Announces Section 5 Notices To Be Posted Without EPA Review -- Filers Should Be Extra Diligent About Proper CBI Redactions
On May 20, 2019, the U.S. Environmental Protection Agency (EPA) announced that on May 30, 2019, it will begin publishing Toxic Substances Control Act (TSCA) Section 5 notices, including premanufacture notices (PMN), microbial commercial activity notices (MCAN), and significant new use notices (SNUN), their attachments, including any health and safety studies, any modifications thereto, and all other associated information in ChemView -- in the form they are received by EPA, without review by EPA. EPA states that it will not be reviewing confidential business information (CBI)-sanitized ... read more >
May 24, 2019
EPA Announces New Version Of An Interactive Excess Food Opportunities Map
On May 21, 2019, EPA announced a new version of a mapping tool designed to assist in the reduction of food waste by displaying facility-specific information about potential generators and recipients of excess food. According to EPA, the Excess Food Opportunities Map serves as an online “matching” service, linking, for example, owners of anaerobic digestion facilities with people looking to dispose of organic waste, including excess food. These anaerobic digestion facilities control organic decomposition in an oxygen-free, sealed tank to produce bioproducts and biosolids for ... read more >
May 24, 2019
ACS And EPA To Host Green Chemistry Challenge Awards
On June 10, 2019, at 5:00 p.m., the American Chemical Society (ACS) will hold the 2019 Green Chemistry Challenge Awards ceremony in Washington, D.C. Sponsored by EPA’s OCSPP, in partnership with the ACS Green Chemistry Institute® and members of the chemical community, these prestigious annual awards recognize chemical technologies that incorporate the principles of green chemistry into chemical design, manufacture, and use. If you are interested in attending this event, please RSVP to gci@acs.org for more information.
EPA usually presents one Green Chemistry ... read more >
May 10, 2019
U.S. Senators Submit Letter To Wheeler On RFS Reset Requirements
On April 30, 2019, 15 U.S. Senators signed and submitted a letter to the U.S. Environmental Protection Agency (EPA) Administrator, Andrew Wheeler, urging him to protect U.S. consumers and account for the ethanol blend wall when setting annual target volumes under the Renewable Fuel Standards (RFS) requirements. According to the letter, a decrease in consumer demand for gasoline has occurred since the RFS Program was passed into law. Instead of the original 170 billion gallons projected, now, the U.S. Energy Information Administration (EIA) projects a gasoline demand for 2020 to be closer to ... read more >
April 5, 2019
EPA Releases Draft Guidance For Pesticide Registrants On Plant Regulator Label Claims, Including Plant Biostimulants
On March 25, 2019, the U.S. Environmental Protection Agency (EPA) finally weighed-in on the murky and often misunderstood topic of label claims for plant regulators and plant biostimulants in posting its Draft Guidance for Plant Regulator Label Claims, Including Plant Biostimulants in Docket # EPA-HQ-OPP-2018-0258. EPA issued the notice of availability in the Federal Register on March 27, 2019. 84 Fed. Reg. 11538. EPA states that the draft guidance, issued under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), is intended to “provide guidance on ... read more >
March 29, 2019
EPA Releases Draft Guidance For Pesticide Registrants On Plant Regulator Label Claims, Including Biostimulants
On March 25, 2019, the U.S. Environmental Protection Agency (EPA) posted Draft Guidance for Plant Regulator Label Claim, Including Plant Biostimulants in Docket # EPA-HQ-OPP-2018-0258. EPA issued the notice of availability in the Federal Register on March 27, 2019. 84 Fed. Reg. 11538. This is an important document addressing tricky jurisdictional issues that have plagued EPA for years. Comments on the draft guidance are due by May 28, 2019. For a full summary of the draft guidance, please see Bergeson & Campbell, P.C.’s (B&C®) Pesticide Law and ... read more >
March 22, 2019
EPA Announces Public Hearing On Modifications To RFS RIN Market Regulations
On March 18, 2019, (EPA) announced a public hearing to be held for the proposed rule: “Modifications to Fuel Registrations to Provide Flexibility for E15: Modifications to RFS RIN Market Regulations.” 84 Fed. Reg. 9734. The proposed rule would implement regulatory changes allowing E15 to take advantage of a Renewal Fuels Standard (RFS) program waiver. Currently, the 1-psi Raid Vapor Pressure (RVP) waiver only applies to ten percent ethanol (E10) during the summer months. The proposed rule also includes an interpretative definition of E15 gasoline as ... read more >
March 1, 2019
EPA Requests Public Comments On Its Proposed Partial Consent Decree
On February 22, 2019, the U.S. Environmental Protection Agency (EPA) published a notice of a proposed partial consent decree in Sierra Club v. Pruitt. This notice is in response to a complaint filed by the Sierra Club in October 2017 to the District of Columbia Court. The complaint alleged that former EPA Administrator Scott Pruitt “failed to perform a non-discretionary duty to assess and report to Congress on the environmental and resource conservation impacts of the Energy Independence Security Act’s (EISA) Renewable Fuel Standard (RFS) program.” The ... read more >
February 22, 2019
EPA Publishes Its Annual Draft Inventory Of U.S. Greenhouse Gas Emissions And Sinks: 1990-2017
On February 12, 2019, the U.S. Environmental Protection Agency (EPA) published its draft Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2017 (Emissions Inventory) for public review. EPA is requesting recommendations on how to improve the overall quality of the Emissions Inventory, which is expected to be issued in final in April 2019. The Emissions Inventory tracks U.S. greenhouse gas emissions and sinks by man-made source and economic sector since 1990. Once it is prepared in final, the Emissions Inventory will then be submitted to the United Nations in accordance with the ... read more >
January 4, 2019
EPA Authorizes Contractor To Access Information Submitted Under TSCA
On December 21, 2018, the U.S. Environmental Protection Agency (EPA) announced in the Federal Register that the Syracuse Research Corporation (SRC) will be assisting the EPA Office of Pollution Prevention and Toxics (OPPT) in the creation of a database that will cover key data from past biotechnology submissions, and the creation of a biotechnology literature database with documents provided or referenced in Toxic Substances Control Act (TSCA) biotechnology submissions. The databases may include Confidential Business Information (CBI) and SRC will be given access to information submitted to ... read more >
January 4, 2019
EPA Announces Call For 2019 GCCA Nominations
On December 21, 2018, EPA announced the call for nominations for the 2019 Green Chemistry Challenge Awards (GCCA). A national award to honor entities that have developed new processes or products using green chemistry approaches, the award focuses on approaches that assist in the protection of public health and the environment. Nominations for the awards include five innovation categories and are due by January 15, 2019. The five categories are: small business, greener synthetic pathways, design of greener chemicals, academic, and greener reaction conditions. Interested parties should read ... read more >
December 7, 2018
EPA Announces Final RFS Volumes For 2019 And Biomass Volumes for 2020
On November 30, 2018, the U.S. Environmental Protection Agency (EPA) announced the final renewable fuels volumes under the Renewable Fuel Standard (RFS) for 2019 and the biomass-based diesel volumes for 2020. The final rule establishes that the 15-billion gallon targets originally set by Congress for 2019 will be maintained and primarily met by corn ethanol. Additionally, in 2019, advanced biofuel volumes will increase by 630 million gallons and cellulosic biofuel volumes by 130 million gallons over the 2018 standard. The biomass-based diesel volumes for 2020 will increase ... read more >
December 7, 2018
Green Chemistry Challenge Awards Call For Nominations
On December 4, 2018, EPA announced that it is accepting nominations for the 2019 Green Chemistry Challenge Awards. Sponsored by EPA’s Office of Chemical Safety and Pollution Prevention (OCSPP) in partnership with the American Chemical Society Green Chemistry Institute (ACSGCI), these awards promote the development and use of novel green chemistry for environmental and economic benefits. There are five award categories for which eligible candidates can be nominated:
Greener Synthetic Pathways (Focus Area 1);
Greener Reaction Condition (Focus Area 2);
The Design of Greener ... read more >
November 16, 2018
EPA Submits ICR To OMB On RFS Recordkeeping And Reporting
On November 13, 2018, the U.S. Environmental Protection Agency (EPA) announced the submission for review of an information collection request (ICR) on the Renewable Fuel Standard (RFS) Program to the Office of Management and Budget (OMB). 83 Fed. Reg. 56319. The Federal Register notice states that purpose of this submission is to obtain OMB approval of an ICR that consolidates some existing collections. By consolidating the existing collections and recordkeeping updates, EPA is aiming to create a new, consistent, and easily understandable format to report burden and cost ... read more >
November 9, 2018
Call For Candidate Chemicals For Equivalency Determinations
Is your company engaged in Class 2 chemistries that are similar to existing Class 2 chemicals but are derived from an innovative bio-source? We are looking for pioneering companies working on new biobased Class 2 chemicals to assist in advancing an important project with the U.S. Environmental Protection Agency (EPA).
ISSUE: While EPA sustainability goals would seemingly include adoption of improved biobased technologies, EPA’s policies under the Toxic Substances Control Act (TSCA) mean that many novel, sustainable technologies are considered “new chemicals” ... read more >
November 2, 2018
Green Groups Petition EPA To Monitor Prairies For Biofuels
On October 30, 2018, Earthjustice and the Clean Air Task Force submitted to the U.S. Environmental Protection Agency (EPA) a petition “to amend its ‘aggregate compliance’ approach to the definition of biomass under the Renewable Fuel Standard (RFS) … to prevent the conversion of native grasslands.” The petition was filed on behalf of 11 organizations, including the National Wildlife Federation and the Sierra Club, and urges EPA’s Administrator Andrew Wheeler to amend regulations related to land permissibility for renewable biomass production. ... read more >
October 26, 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 ... read more >
October 26, 2018
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 ... read more >
October 12, 2018
Trump Talks Biofuels; BIO Applauds
On October 9, 2018, during a rally in Council Bluffs, Iowa, U.S. President Donald Trump announced that he will order the U.S. Environmental Protection Agency (EPA) to expand its sales of corn ethanol. This action, which farmers across the U.S. have been waiting for, will allow for year-round sales of 15 percent biofuels (E15) ethanol blends. Currently, E15 sales are restricted during the summer months in certain states, limiting the expansion of the market space for biofuels. Well received by many in the industry, the announcement was particularly appreciated by the Biotechnology Innovation ... read more >
October 12, 2018
EPA Issues TSCA User Fees Final Rule
On September 27, 2018, the U.S. Environmental Protection Agency (EPA) announced the user fees final rule for the administration of the Toxic Substances Control Act (TSCA), the fourth and remaining framework rule to be issued in final under the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg).
This final rule, that amends 40 C.F.R. Parts 700, 720, 723, 725, 790, and 791, “describes the final TSCA fees and fee categories for fiscal years 2019, 2020, and 2021”; “explains the methodology by which the final TSCA fees were determined”; ... read more >
September 28, 2018
EPA Aims To Increase Transparency Through RFS Website Updates
The U.S. Environmental Protection Agency (EPA) has included a new data portal on its website to promote greater transparency on small refineries exemptions to the Renewable Fuel Standard (RFS). Criticized in the past for its lack of transparency, EPA’s new RFS data portal also provides previously undisclosed information on Renewable Identification Number (RIN) transactions, renewable fuel volume production, average RIN prices, and RIN transaction volumes. The data available dates back to July 1, 2010, which is when EPA started collecting the information provided. EPA intends to update ... read more >
August 31, 2018
Bipartisan Group Of U.S. Senators Fight For Increased Renewable Volume Obligation
On August 23, 2018, U.S. Senators Patty Murray (D-WA), Roy Blunt (R-MO), and 37 others submitted a bipartisan letter, asking the U.S. Environmental Protection Agency (EPA) to increase the renewable volume obligations under the Renewable Fuel Standard (RFS) as proposed by EPA in June 2018. Under the aforementioned proposed RFS, EPA would raise the advanced biofuel volume for 2019 to 4.88 billion gallons and the biomass-based diesel volume for 2020 to 2.43 billion gallons. The bipartisan group argues that although these increases may be promising, the potential of biodiesel is still taken too ... read more >
August 24, 2018
BIO To EPA: RFS Program Is Key To America’s Biobased Economy
Under the Clean Air Act, the U.S. Environmental Protection Agency (EPA) is required to set renewable fuel percentage standards annually. On July 10, 2018, EPA announced a request for comments on a proposed rule to address “volume requirements for cellulosic biofuel, advanced biofuel, and total renewable fuel that are below the statutory volume targets.” The proposal also included the applicable volume of diesel from biomass for 2020. In response to EPA’s request, the Biotechnology Innovation Organization (BIO), a Biobased and Renewable Products Advocacy Group (BRAG®) ... read more >
August 10, 2018
Senate Committee On Environment And Public Works Holds Hearing On EPA Environmental Protection and Economic Growth Agenda
On August 1, 2018, the U.S. Senate Committee on Environment and Public Works (EPW Committee) held a hearing entitled “Examining EPA’s Agenda: Protecting the Environment and Allowing America’s Economy to Grow.” Testifying at the hearing was Andrew Wheeler, the U.S. Environmental Protection Agency’s (EPA) Acting Administrator. Witness testimony and an archive of the hearing are available online. The hearing was intended to provide Wheeler with the opportunity to present himself for the first time in front of the EPW Committee as the Acting ... read more >
July 27, 2018
Wheeler Briefs Press On Future Of Biofuels Programs, Approves Sorghum Based Biofuel Pathways Under RFS
On July 24, 2018, Andrew Wheeler, newly appointed Acting Administrator at the U.S. Environmental Protection Agency (EPA), held a briefing that outlined his plans for the Renewable Fuel Standard (RFS). He plans on following Scott Pruitt’s work overhauling the policy, including counting ethanol exports toward annual biofuels quotas and bringing corn and oil groups together to overhaul the RFS system. Wheeler also signed a final notice approving a variety of pathways for renewable fuel derived from sorghum, including biofuel and biodiesel. The newly approved pathways meet ... read more >
July 27, 2018
EPA Must Reconsider Small Refinery Waiver For Ergon
On July 20, 2018, the U.S. Court of Appeals for the Fourth Circuit (Fourth Circuit) ruled that EPA must reconsider its denial of Ergon-West Virginia, Inc.’s (Ergon) application for a small refinery waiver under the RFS. The Fourth Circuit stated that EPA relied on an “error-riddled” analysis when it denied the exemption. Ergon is a small refinery based in West Virginia (with a daily production of 23,500 barrels) that produces primarily diesel which is not easily blended and sold in the local market. The number of small refinery hardship waivers has jumped ... read more >
July 25, 2018
BRAG Requests that EPA Adopt TSCA Inventory Representation and Equivalency For Renewable and Sustainable Biobased Chemicals
Washington D.C.: Representatives of the Biobased and Renewable Products Advocacy Group (BRAG®) and representatives of the Biotechnology Innovation Organization (BIO) met with U.S. Environmental Protection Agency (EPA) staff to discuss the two groups’ recently-issued white paper, “Proposal for a Toxic Substances Control Act (TSCA) Inventory Representation and Equivalency Determinations for Renewable and Sustainable Bio-based Chemicals.” BRAG and BIO members provided a presentation for EPA staff that outlined the regulatory challenges and market impedance ... read more >
July 13, 2018
EPA Announces Public Hearing And Publishes Proposed Rule On Renewable Fuel Standard Program
On July 3, 2018, the U.S. Environmental Protection Agency (EPA) announced it was holding a public hearing for the proposed rule “Renewable Fuel Standard Program: Standards for 2019 and Biomass-Based Diesel Volume for 2020” on July 18, 2018, at 9:00 a.m. in Ypsilanti, Michigan. 83 Fed. Reg. 31098. The proposed rule was published in the Federal Register on July 10, 2018. 83 Fed. Reg. 32024. The notice states that the public hearing will provide interested parties the “opportunity to present data, views, or arguments concerning the [proposed ... read more >
June 29, 2018
EPA Releases Proposed Rule Setting 2019 RFS Requirements
On June 26, 2018, Scott Pruitt, Administrator of the U.S. Environmental Protection Agency (EPA), signed a proposed rule that includes 2019 Renewable Fuel Standard (RFS) percentage standards for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel, as well as 2020 renewable volume obligations (RVO) for biomass-based diesel.
These blend levels increase requirements from 2018 but are still lower than the statutory levels set by Congress under the RFS. The levels, along with the fact that the proposed rule does not address the reduction in price that ... read more >
June 22, 2018
Biofuel And Agricultural Groups Petition EPA Regarding RFS Obligations
On June 4, 2018, several biofuel and agricultural groups, including the Renewable Fuels Association, the Biotechnology Innovation Organization, the American Coalition for Ethanol (ACE), and the National Biodiesel Board, among others, petitioned the U.S. Environmental Protection Agency (EPA) regarding EPA’s Renewable Fuel Standard (RFS) obligations. The ACE announcement states that the petition asks EPA to “change its regulations to account for lost volumes of renewable fuel resulting from the unprecedented number of retroactive small refinery exemptions from [RFS] ... read more >
June 15, 2018
BRAG Engages With EPA On Critical Nomenclature Issues
On June 13, 2018, representatives of the Biobased and Renewable Products Advocacy Group (BRAG®) and representatives of the Biotechnology Innovation Organization (BIO) met with U.S. Environmental Protection Agency (EPA) staff to discuss the two groups’ white paper, “Proposal for a Toxic Substances Control Act (TSCA) Inventory Representation and Equivalency Determinations for Renewable and Sustainable Bio-based Chemicals.” BRAG and BIO members provided a presentation for EPA staff that outlined the regulatory challenges and market impendence facing the biobased ... read more >
June 1, 2018
Coalition Intends To Ensure EPA Retains Safer Choice
A coalition will be launched on June 1, 2018, that intends to ensure that Safer Choice will continue to exist as a federal program within the U.S. Environmental Protection Agency (EPA) and to improve the program so that it operates in the most effective way possible for all stakeholders. The Coalition will comprise companies throughout the chemical value chain -- chemical manufacturers, consumer product companies, and retailers -- as well as non-governmental organizations (NGO). Benjamin E. Dunham, a Senior Policy Advisor at Holland & Knight LLP, and former Hill staffer, ... read more >
May 18, 2018
EPA Sends Proposed Rule For 2019 RFS Volumes To OMB
On May 11, 2018, the U.S. Environmental Protection Agency (EPA) sent a proposed renewable fuel standard (RFS) biofuel volumes rule for 2019 to the White House Office of Management and Budget (OMB) for pre-publication review. The proposed rule addresses 2019 renewable blending obligations for cellulosic biofuel, advanced biofuel, and total biofuel, with a proposed 2020 percentage standard for biomass-based diesel. The 2019 blending requirement for biomass-based diesel is 2.1 billion gallons and was included in a final rule from ... read more >
May 11, 2018
In Meeting With Senators, Trump Proposes Counting RINs From Ethanol Exports And Allowing Year Round Sales Of E15, Walks Back RIN Price Cap Proposal
On May 8, 2018, President Trump met with a group of Republican Senators and told them that he is considering allowing exported ethanol to count toward the volumes mandated by the Renewable Fuel Standard (RFS). During this meeting, Mr. Trump also reiterated support for expanding sales of E15, and withdrew his verbal proposal to cap the price of RINs, which had been widely criticized by the ethanol industry. These announcements came after increasing concern about the future stability of the RFS after the U.S. Environmental Protection Agency (EPA) recently granted over two dozen hardship ... read more >
May 11, 2018
ABFA Files Petition Against EPA Over RFS Small Refinery Exemptions
On May 3, 2018, the Advanced Biofuels Association (ABFA) announced that it had submitted a petition in the U.S. Court of Appeals for the D.C. Circuit to review EPA Administrator Scott Pruitt’s decision to provide waivers from RFS requirements. Michael McAdams, President of ABFA, stated:
“We have seen reports that the number of small refinery exemptions recently granted for compliance years 2016 and 2017 have doubled compared to previous years. ABFA members are concerned that Administrator Pruitt is granting these exemptions in an arbitrary and capricious manner to ... read more >
May 4, 2018
18 Senators Request EPA To Provide Timeline On RVP/E15 Rulemaking
On April 30, 2018, 18 pro-ethanol Senators sent a bi-partisan letter to U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt requesting a “transparent timeline … on the regulatory pathway forward to address the Reid Vapor Pressure (RVP) issue,” “an expected timeline of the rulemaking process to clarify how the agency will make this change to allow higher ethanol blends access to the marketplace” and “immediate clarity to allow higher ethanol blends to be sold in the interim while the outdated regulation is being changed” as related ... read more >
April 27, 2018
EPA Seeking Applications For 2018 Safer Choice Partner Of The Year Awards
On April 25, 2018, the U.S. Environmental Protection Agency (EPA) announced it was seeking applications for the 2018 Safer Choice Partner of the Year Awards in a notice in the Federal Register. At the 2018 Partner of the Year Awards, Safer Choice will recognize stakeholder organizations from five broad categories:
Formulators/Product Manufacturers of both Consumer and Institutional/Industrial products;
Purchasers and Distributors;
Retailers;
Supporters (e.g., non-governmental organizations); and
Innovators (e.g., chemical manufacturers).
EPA states it developed the Partner of ... read more >
April 27, 2018
EPA To Hold Safer Choice Partner & Stakeholder Summit 2018
EPA recently announced that it will be hosting a Safer Choice Partner & Stakeholder Summit on May 14, 2018, at the Gaylord National Resort & Convention Center at National Harbor in Oxon Hill, Maryland, that will “build off of the previous Summits, exploring topics of importance to stakeholders and the program. The Summit will include informational sessions, and also breakout sessions with a focus on dialogue and developing solutions that can advance Safer Choice.” Registration is available online. See also “EPA Seeking Applications For 2018 Safer Choice Partner ... read more >
April 13, 2018
EPA Announces Safer Choice Partner & Stakeholder Summit 2018
On April 11, 2018, the U.S. Environmental Protection Agency (EPA) announced the third Safer Choice Partner & Stakeholder Summit 2018 in a Federal Register notice. The Summit is open to all Safer Choice program partners and stakeholders, and will include informational and breakout sessions, with a focus on dialogue and problem-solving. The event is being held on May 14, 2018, from 8:00 a.m. to 5:00 p.m. (EDT) in Oxon Hill, MD. Registration is available ... read more >
April 6, 2018
EPA Requests Comment On Registration Of Isobutanol As A Gasoline Additive
On March 29, 2018, the U.S. Environmental Protection Agency (EPA) announced in a Federal Register notice it is seeking public comment on the use of isobutanol in gasoline. EPA specifically seeks comment on issues to consider regarding an application submitted by Butamax Advanced Biofuels, LLC (Butamax), a manufacturer of isobutanol, pursuant to the regulations titled “Registration of Fuels and Fuel Additives” for the registration of isobutanol as a gasoline additive at up to 16 volume percent, and any supplemental actions EPA should consider under the Clean Air Act (CAA). ... read more >
March 2, 2018
EPA Sends Letter To New Hampshire Governor On Treatment Of Biomass And Forest Products Industry
During a visit to New Hampshire on February 13, 2018, U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt provided Governor Chris Sununu (R-NH) a letter announcing EPA's efforts to work towards a carbon-neutral policy for biomass and clarify federal procurement recommendations for responsibly managed forests. According to Pruitt, EPA recognizes the importance of the forest products industry to the State of New Hampshire and is focused on clarifying regulations that were encumbering the industry. Following the passage of the Consolidated Appropriations ... read more >
January 5, 2018
EPA Proposes New Fuel Pathways Under RFS Program
On December 27, 2017, the U.S. Environmental Protection Agency (EPA) proposed to approve new fuel pathways under the Renewable Fuel Standard (RFS) program. Specifically, EPA is proposing to amend RFS regulations to define the term “distillers sorghum oil” and to add approved pathways from the production of biodiesel and heating oil from distillers sorghum oil via a transesterification process, and renewable diesel, jet fuel, heating oil, naphtha, and liquefied petroleum gas (LPG) produced from distillers sorghum oil via a hydrotreating process. Distillers sorghum oil ... read more >
December 22, 2017
EPA Publishes Final 2018 RFS Requirements
On December 12, 2017, the U.S. Environmental Protection Agency (EPA) published in the Federal Register the Renewable Fuel Standard (RFS) Program: Standards for 2018 and Biomass-Based Diesel Volume for 2019 final rule. This final rule sets the annual percentage standards for cellulosic biofuel, advanced biofuel, and total renewable fuel for motor vehicle gasoline and diesel produced or imported in 2018, as well as biomass-based diesel for 2019. As reported in the Biobased and Renewable Products Advocacy Group (BRAG®) blog post EPA Issues Final 2018 RFS Requirements, the ... read more >
December 15, 2017
EPA Seeks Comment On ICR On RFS Program
On December 8, 2017, the U.S. Environmental Protection Agency (EPA) issued a notice in the Federal Register regarding its plans to submit an information collection request (ICR) to the Office of Management and Budget (OMB) on recordkeeping and reporting for the Renewable Fuel Standard (RFS) program. The notices states that the ICR aims to streamline and update estimates related to the RFS program and consolidate all RFS estimates into one, consistent, and easy-to-understand format.
EPA is seeking public comment and information to enable it to:
Evaluate whether the ... read more >
December 8, 2017
EPA Issues Final 2018 RFS Requirements
On November 30, 2017, the U.S. Environmental Protection Agency (EPA) issued its final 2018 volume requirements under the Renewable Fuel Standard (RFS) program for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel. A pre-publication of the final rule is available now. The final rule sets the annual percentage standards for cellulosic biofuel, advanced biofuel, and total renewable fuel for motor vehicle gasoline and diesel produced or imported in 2018, as well as biomass-based diesel for 2019. The proposed volume requirements ... read more >
December 1, 2017
EPA Denies Industry Request To Shift Point Of Obligation
On November 30, 2017, the U.S. Environmental Protection Agency (EPA) issued a notice in the Federal Register announcing its decision to deny several petitions requesting that EPA initiate a rulemaking to change the point of obligation for compliance under the Renewable Fuel Standard (RFS) program. Under the RFS program, refiners and importers of gasoline and diesel fuel are identified as “obligated parties” responsible for compliance with the RFS annual standards. In 2016, EPA received several petitions requesting a revision of the definition of “obligated ... read more >
November 17, 2017
EPA Close To Issuing In Final 2018 And 2019 Renewable Fuel Standard Volumes
On October 31, 2017, the U.S. Environmental Protection Agency (EPA) sent its final rule to set the Renewable Fuel Standard (RFS) volumes for 2018 and 2019 to the U.S. Office of Management and Budget (OMB) for review. Under the Clean Air Act (CAA), EPA must issue a final rule to set standards for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel by November 30, 2017. Typically, OMB review is the last step before the final rule is published in the Federal Register and takes 30 days. Timely issuance of the final volume requirements is critical for ... read more >
November 17, 2017
Weekly Roundup of Other Biobased News
The Hill, “Senate Moves Toward Confirming Trump EPA Air Nominee”
Bloomberg Politics, “U.S. Subpoenas Icahn Over Biofuel Action While Trump Adviser”
Newsweek, “Scientists Work To Make Better Plastics From Sunlight”
University of Delaware, “Research Aims To Help Renewable Jet Fuel Take ... read more >
November 3, 2017
EPA Sends Letter To Senators Addressing RFS Issues
On October 19, 2017, the U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt sent a letter to Senators Joni Ernst (R-IA), Charles Grassley (R-IA), Pat Roberts (R-KS), John Thune (R-SD), Mike Rounds (R-SD), Deb Fischer (R-NE), and Ben Sasse (R-NE) to confirm his commitment to support the spirit and the letter of the Renewable Fuel Standard (RFS) program. In the letter, Pruitt stated that, following a detailed analysis, numerous stakeholder meetings, and review of public comments, it was determined that EPA would not grant the petition to move the point of obligation to ... read more >
October 27, 2017
Congressmen Send Bipartisan Letter On Regulating Agricultural Biotechnology To USDA, FDA, EPA
On October 17, 2017, Congressman Jimmy Panetta (D-CA), Congressman Neal Dunn, M.D. (R-FL), and 77 additional House members sent a bipartisan letter to the U.S. Department of Agriculture (USDA), U.S. Food and Drug Administration (FDA), and U.S. Environmental Protection Agency (EPA) to urge the agencies to work together to promote innovative new technologies aimed at increasing crop yields and reducing the cost of production. According to Congressman Panetta, the letter was prepared in response to duplicative or inconsistent regulatory proposals regarding biotechnology. In the ... read more >
October 20, 2017
EPA Final Rule On Use Of TOFA Confirms Safety Of Unsaturated Fatty Acids
On October 10, 2017, the U.S. Environmental Protection Agency (EPA) published in the Federal Register its final rule establishing exemptions for a tolerance limit to use tall oil fatty acids (TOFA) as an inert ingredient “[i]n pesticide formulations applied to growing crops and raw agricultural commodities after harvest; in pesticides applied in/on animals, and in antimicrobial formulations for food contact surfaces.” Pursuant to Section 408(c)(2)(A)(i) of the Federal Food, Drug, and Cosmetic Act (FFDCA), EPA has the authority to establish exemptions from the ... read more >
October 6, 2017
Iowa Senators Respond To EPA NODA Regarding RFS Program
Last week, Senators Chuck Grassley (R-IA) and Joni Ernst (R-IA) responded to the U.S. Environmental Protection Agency’s (EPA) Notice of Data Availability (NODA) regarding the Renewable Fuel Standard (RFS) volume requirements (see EPA Issues NODA Regarding RFS Program). On September 27, 2017, Ernst sent a letter to President Trump expressing concern over the proposed reduction in the volume requirements for 2018 and 2019. In the letter, Ernst highlights the importance of renewable fuel with regard to jobs in rural America, and energy security for the U.S. Additionally, the ... read more >
October 6, 2017
EPA Issues NODA Regarding RFS Program
On October 4, 2017, EPA issued a NODA in the Federal Register to provide supplemental information and an opportunity for further public comment on potential reductions in the 2018 biomass-based diesel, advanced biofuel, and total renewable fuel volumes, and/or the 2019 biomass-based diesel volume under the RFS program. The NODA follows the Agency’s July 21, 2017, proposed rulemaking on the volume requirements and provides additional information on production, imports, and cost of renewable fuel, and several options for how EPA may consider such data in establishing the final ... read more >
September 8, 2017
EPA Waives RFS Requirements For States Affected By Hurricane Harvey
On August 31, 2017, the U.S. Environmental Protection Agency (EPA) announced that requirements for reformulated gasoline and low volatility gasoline would be waived through September 15, 2017, for Alabama, Florida, Georgia, Kentucky, Maryland, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, Texas, Louisiana, and the District of Columbia. EPA exercised its emergency fuel waiver authority to help ensure an adequate supply of fuel throughout the South, Southeast, and the Mid-Atlantic in the wake of Hurricane Harvey. As required by law, EPA and the Department of ... read more >
August 25, 2017
Appellate Court Rules EPA RFS Exemption Criteria Too Strict
On August 15, 2017, the U.S. Court of Appeals for the Tenth Circuit ruled two to one that the U.S. Environmental Protection Agency (EPA) exceeded its statutory authority under the Clean Air Act (CAA) when it denied Sinclair Oil Corporation’s request for a hardship exemption from the Renewable Fuel Standard (RFS) program. The statute requires that EPA grant exemptions on a case-by-case basis to small refiners that would suffer a “disproportionate economic hardship” in complying with the RFS program. According to the court ruling, EPA’s interpretation that ... read more >
August 18, 2017
Biofuel Industry Testifies At EPA Hearing On RFS Program
On August 1, 2017, the U.S. Environmental Protection Agency (EPA) held a public hearing to hear from all segments of the fuel industry on the proposed rule to set the 2018 renewable volume obligations (RVO) under the Renewable Fuel Standard (RFS) program. Among the nearly 150 individuals and organizations scheduled to testify at the hearing were numerous biofuel industry stakeholders who praised EPA for issuing the proposed rule on time and for maintaining the statutory 15 billion gallon volume requirement for conventional renewable fuels, but urged the agency to increase the proposed ... read more >
August 11, 2017
Weekly Roundup of Other Biobased News
Bloomberg, “Trump’s EPA to Reject Icahn-Backed Tweak to Biofuel Program”
USDA, “Researchers Tap Papaya-Loving Algae to Make ‘Home-Grown’ Biodiesel for Hawaii”
Oak Ridge National Laboratory, “Materials --Cooking Up Biofuel”
Treasure Coast Research Park, “The Sweet Smell of Success…and ... read more >
August 4, 2017
EPA Publishes Analysis Of GHG Emissions From Sugar Beets
On July 26, 2017, the U.S. Environmental Protection Agency (EPA) published its analysis of the upstream greenhouse gas (GHG) emissions attributable to the production of sugar beets for use as a biofuel feedstock. EPA considered a scenario in which non-cellulosic beet sugar is extracted for conversion to biofuel and the remaining beet pulp co-product is used as an animal feed. Based on the findings, EPA anticipates that biofuels produced from sugar beets could qualify as a renewable fuel or advanced biofuel under the Renewable Fuel Standard (RFS) program, depending on the type and ... read more >
August 4, 2017
Weekly Roundup of Other Biobased News
The Hill, “Court Rejects 2015 EPA Biofuels Waivers”
Govenors’ Biofuels Coalition, “Action on E15 Bill not Expected Before August Recess”
Department of Energy, “EERE Success Story -- New Membrane Technology Will Improve Efficiency of Biofuel Production”
PWashington State University, “Algae Cultivation Technique Could Advance ... read more >
July 28, 2017
EPA Publishes Proposed 2018 RFS Requirements
On July 18, 2017, the U.S. Environmental Protection Agency (EPA) published in the Federal Register its proposed rule on the Renewable Fuel Standard (RFS) Program: Standards for 2018 and Biomass-Based Diesel Volume for 2019. The rulemaking proposes the annual percentage standards for cellulosic biofuel, advanced biofuel, and total renewable fuel for motor vehicle gasoline and diesel produced or imported in 2018, as well as biomass-based diesel in 2019, as reported in the Biobased and Renewable Products Advocacy Group’s (BRAG®) blog post EPA Releases Proposed 2018 RFS ... read more >
July 21, 2017
EPA Announces Public Hearing On RFS Program
The U.S. Environmental Protection Agency (EPA) will hold a public hearing on the Renewable Fuel Standard [RFS] Program: Standards for 2018 and Biomass-Based Diesel Volume for 2019 proposed rule. The hearing will take place at 9:00 a.m. on August 1, 2017, and will provide an opportunity for EPA to gather data, views, and arguments on the proposed rulemaking from interested stakeholders. While EPA does not plan to respond to presentations, the Agency may ask clarifying questions. EPA intends to use the information to inform a future rulemaking to reset the statutory volumes ... read more >
July 21, 2017
EIA Issues Short-Term Energy Outlook Report
On July 11, 2017, the Energy Information Administration (EIA) issued its June Short-Term Energy Outlook (STEO). EIA considered EPA’s recent rulemakings on the 2017 RFS volume requirements and proposed 2018 RFS volume requirements when developing its STEO for 2017 and 2018.
Biodiesel production averaged 101,000 barrels per day (b/d) in 2016, and, according to EIA, is expected to increase to an average of 105,000 b/d in 2017 and to 109,000 b/d in 2018. Biomass-based diesel imports are expected to fall from 54,000 b/d in 2016 to 53,000 b/d in 2017 but rise to ... read more >
July 14, 2017
EPA Releases Proposed 2018 RFS Volume Requirements
On July 5, 2017, the U.S. Environmental Protection Agency (EPA) issued proposed volume requirements under the Renewable Fuel Standard (RFS) program for cellulosic biofuel, advanced biofuel, and total renewable fuel for 2018, as well as biomass-based diesel for 2019. The proposal lowers the blending requirement for all renewable fuel with the exception of biomass-based diesel, which maintains the 2017 blending requirement. The proposed volume requirements are:
Cellulosic biofuel, from 311 million gallons in 2017 to 238 million gallons in 2018;
Advanced biofuel, from 4.28 billion ... read more >
July 14, 2017
Weekly Roundup of Other Biobased News
Great Lakes Bioenergy Research Center, “Cellulosic Biofuels Can Benefit the Environment If Managed Correctly”
Euractiv, “MEPs Ask Commission to Distinguish ‘Good And Bad’ Crop-Based Biofuels”
American Oversight, “American Oversight Sues EPA to Release Communications with Carl Icahn”
Arizona State University, “ASU Scientists Harness the Trial-and-Error Power of Evolution to Coax Nature into Revealing Answer to Energy Challenge”
Pennsylvania State University, “Research Progressing on How to Spur Wide Use of Aviation ... read more >
July 3, 2017
NAS Releases Final Report on Preparing for Future Products of Biotechnology
By Lynn L. Bergeson and Margaret R. Graham
On June 30, 3017, the National Academies of Sciences, Engineering, and Medicine (NAS) released its final version of its report Preparing for Future Products of Biotechnology, which it states “analyzes the future landscape of biotechnology products and seeks to inform forthcoming policy making [and] … identifies potential new risks and frameworks for risk assessment and areas in which the risks or lack of risks relating to the products of biotechnology are well understood.” This report is a collaboration among a committee of ... read more >
June 16, 2017
EPA Awards Green Chemistry Challenge Winners
On June 12, 2017, the U.S. Environmental Protection Agency (EPA) awarded the 2017 Green Chemistry Challenge Award winners at a ceremony in Washington, D.C. in conjunction with the 21st Annual Green Chemistry and Engineering Conference. The award recognizes landmark green chemistry technologies developed by industrial pioneers and leading scientists that turn potential environmental issues into business opportunities, spurring innovation and economic development. The American Chemical Society (ACS) Green Chemistry Institute convened an independent panel of technical experts to ... read more >
June 2, 2017
Trump Releases Proposed Budget For FY 2018
On May 23, 2017, President Trump released the Administration’s proposed budget for fiscal year (FY) 2018, which includes significant cuts to the U.S. Department of Energy (DOE), U.S. Environmental Protection Agency (EPA), and U.S. Department of Agriculture (USDA) budgets. According to the proposed budget, funding for DOE would be cut by 5.6 percent to $28 billion, with $636 million allotted for the Office of Energy Efficiency and Renewable Energy (EERE) and $56.6 million for the Bioenergy Technologies Office (BETO). The proposed DOE budget aims to eliminate the Advanced ... read more >
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2200 Pennsylvania Avenue, NW, Suite 100W
Washington, D.C. 20037
202-833-6580 | www.braginfo.org
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