Biobased and Renewable Products News: EPA

January 10, 2014
EPA Nominations
On December 19, 2013, President Obama announced his intent to nominate Janet McCabe to lead the U.S. Environmental Protection Agency's (EPA) Office of Air and Radiation. She has been serving as Acting Assistant Administrator of the Air and Radiation Office since July when Gina McCarthy left to become EPA Administrator. McCabe is generally well-liked and respected, and she is expected to be confirmed without much opposition. McCabe is expected to face tough questions during her nomination hearing on several policies, including EPA efforts to reduce greenhouse gas emissions. President ... read more >
January 10, 2014
Continuing Efforts On The RFS
There have been several efforts in the last few weeks to convince the Obama Administration to reconsider its proposal to reduce the 2014 Renewable Fuel Standard (RFS) statutory renewable volume obligations (RVO) for advanced and total renewable (corn ethanol) biofuels, and to maintain in 2014 and 2015 the status quo for biodiesel. Senators David Vitter (R-LA) and Benjamin Cardin (D-MD) are expected to introduce a bill in the coming weeks, which would amend the RFS and reduce its corn ethanol targets. On December 18, a group of 16 Senators met with EPA Administrator Gina McCarthy to urge ... read more >
December 13, 2013
Senators Introduce Bill Potentially Impacting Chemical Plant Regulation
This week, three Members of the U.S. Senate Committee on Environment and Public Works (EPW), Senators David Vitter (R-LA), Mike Crapo (R-ID), and James Inhofe (R-OK), introduced the General Duty Clarification Act of 2013. The bill would direct the U.S. Environmental Protection Agency (EPA) to clarify standards for the Clean Air Act's General Duty Clause. EPA has used the ambiguity contained in the clause to regulate chemical plants. A copy of the bill is available ... read more >
December 13, 2013
EPW Committee Holds Hearing On The Renewable Fuel Standard
All sides of the federal Renewable Fuel Standard (RFS) debate had another chance to air their views on Wednesday at the Senate EPW Committee "Oversight Hearing on Domestic Renewable Fuels." Hearing details are available online. Witnesses included representatives from EPA, DOE, industry, and major trade associations representing the oil and gas and biofuels industries. Their testimony was consistent with their previous actions and statements. For instance, EPA testified in support of its 2014 proposed RFS rule, which for the first time would reduce volumetric targets for all ... read more >
December 6, 2013
EPA Issues Notice On Green Product Purchasing Guidelines
On November 27, 2013, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a notice on "Draft Guidelines; Product Environmental Performance Standards and Ecolabels for Voluntary Use in Federal Procurement; Notice of Availability and Request for Comments." A copy of the notice is available online. Comments are due by February 25, 2014. According to EPA, the Agency intends for the guidelines to "provide a transparent, fair, and consistent approach to using non-governmental product environmental performance standards and ecolabels in Federal ... read more >
December 6, 2013
EPA Issues Final Rule On Electronic Reporting Under TSCA
On December 4, 2013, EPA published a final rule requiring the electronic submission of certain documents under the Toxic Substances Control Act (TSCA). EPA is promulgating amendments to reporting requirements under TSCA Section 4 (including test rules and Enforceable Consent Agreements (ECA)), TSCA Section 5, TSCA Section 8(a) Preliminary Analysis Information Rule (PAIR) at 40 C.F.R. Part 712, and TSCA Section 8(d) Health and Safety Data Reporting Rules at 40 C.F.R. Part 716. A copy of the rule, including a more detailed description of the new reporting requirements, is available online. ... read more >
December 6, 2013
Administration Releases Biannual Regulatory Agenda
On November 26, 2013, the Obama Administration released its biannual regulatory agenda for all federal agencies. A copy of the agenda is available online. EPA listed several top regulatory priorities, including "taking actions on toxics and chemical safety." The Agency states that it intends to take actions to protect chemical facility safety and security and that it "plans to take a range of identified regulatory actions for certain chemicals and assess other chemicals to determine if risk reduction action is needed to address potential concerns." EPA also lists in the ... read more >
December 6, 2013
EPA Requests Report On Assessing Safer Chemicals
EPA has requested a report from the National Academies Committee (the Committee) on options that governments, manufacturers, and retailers can use to compare the safety of various chemicals as they analyze potential substitutes for those chemicals. The report is expected early in 2014. During the initial meeting of the Committee last month, a representative from the Organization for Economic Cooperation and Development (OECD) reported that an OECD committee has identified more than 80 methods for selecting safer chemicals. OECD also intends to release a report identifying them early next ... read more >
December 6, 2013
EPA Publishes Proposed 2014 Standards for the Renewable Fuel Standard Progra
On November 29, 2013, EPA published its proposed rule on "2014 Standards for the Renewable Fuel Standard Program" and a "Notice of Receipt of Petitions for a Waiver of the Renewable Fuel Standard." Copies of the proposed rule and notice published in the Federal Register are available online, and online. Comments on both are due by January 28, 2014. BRAG's coverage of the pre-published versions of the proposed rule and notice is available online. On December 5, 2013, EPA held a public hearing in Arlington, Virginia, on the proposed rule. The Agency heard from ... read more >
November 25, 2013
ABA Publishes Special “Green Chemistry” Issue of PCRRTK Newsletter
The ABA Section of Environment, Energy, and Resources Pesticides, Chemical Regulation, and Right-to-Know (PCRRTK) Committee Newsletter for November 2013 is a special issue devoted to Green Chemistry.  Topics covered include the Federal Trade Commission’s (FTC) enforcement of the Green Guides, EPA’s Design for the Environment program, Toxic Substances Control Act (TSCA) Reform, and the Green Chemistry Movement, and the role of public disclosure policies in the selection of greener chemistries. The newsletter is available ... read more >
November 22, 2013
EPA Requests Comments On FY 2014-18 Strategic Plan And FY 2014-15 Agency Goals
On November 19, 2013, EPA's request for comment on its Draft FY 2014-2018 Strategic Plan was published in the Federal Register. In addition, according to the notice, EPA is proposing new FY 2014-2015 Agency Priority Goals. Comments are due by January 3, 2014. A copy of the notice is available online. As described in the notice, "The Strategic Plan provides the Agency's long-term direction and strategies for advancing human health and the environment." In addition, EPA has made targeted revisions to "[its] existing Plan that seek to advance efforts to address our ... read more >
November 15, 2013
House Committee Hearing on Toxic Substances Control Act
On Wednesday, November 13, 2013, the House Committee on Energy and Commerce held a hearing on CSIA, a bill to reform TSCA. CSIA was introduced earlier this year by Senator David Vitter (R-LA) and the late Senator Frank Lautenberg (D-NJ). Senator Vitter and Senator Tom Udall (D-NM) are now working to move CSIA forward through the legislative process. A Law360 article recently published by Lynn Bergeson contains a detailed discussion of the significance and provisions of this legislation. With 25 bipartisan co-sponsors, CSIA is a "potentially politically viable framework for TSCA reform and ... read more >
November 15, 2013
Hearing on EPA Transparency
On Wednesday, November 13, 2013, EPA Administrator Gina McCarthy testified as the sole witness before the House Committee on Science, Space, and Technology on "Strengthening Transparency and Accountability within the Environmental Protection Agency." While the hearing was held as part of the Committee's annual oversight of EPA, it provided Committee Chair Lamar Smith (R-TX) an opportunity to question McCarthy on several concerns he reportedly had with EPA and appropriate transparency at the Agency. These included reports of EPA officials' use of outside e-mail ... read more >
November 15, 2013
Hearing on Power Plant Regulations
On Thursday, November 14, 2013, the House Committee on Energy and Commerce's Subcommittee on Energy and Power, chaired by Representative Ed Whitfield (R-KY), held a hearing to discuss EPA’s proposed greenhouse gas standards for new power plants and draft legislation authored by Chairman Whitfield and Senator Joe Manchin. The hearing included three panels of ten witnesses, including Senator Joe Manchin (D-WV) and EPA Acting Administrator for Air and Radiation Janet McCabe, to discuss a potential legislative proposal by Subcommittee Chair Whitfield and Senator Manchin that would ... read more >
November 8, 2013
Members Of Congress Send Letter To EPA Urging Reduction In 2014 RFS Targets
On October 30, 2013, Representatives Bob Goodlatte (R-VA), Jim Costa (D-CA), Peter Welch (R-VT), and Steve Womack (R-AR) sent a letter signed by 169 Members of Congress to U.S. Environmental Protection Agency (EPA) Administrator Gina McCarthy urging EPA to use its authority to reduce the 2014 statutory renewable volume obligations (RVO) for all types of biofuels, including conventional corn starch ethanol under the federal Renewable Fuel Standard (RFS). A copy of the letter is available online. The arguments made in the letter echo those put forth by the oil and gas industry and assert ... read more >
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