Biobased and Renewable Products News: Regulation & Policy

August 3, 2018
Senators Collins, Coons Introduce Bipartisan Bill To Promote Innovation In Sustainable Chemistry
On July 30, 2018, Senators Susan Collins (R-ME) and Chris Coons (D-DE) reintroduced their sustainable chemistry bill, the Sustainable Chemistry Research and Development Act of 2018 (S. 3296).  This bill encourages the development of new and innovative chemicals, products and processes with an improved “environmental footprint” through efficient use of resources, reducing or eliminating exposure to hazardous substances, or otherwise minimizing harm to human health and the environment.  The legislation is intended to support new innovations in chemistry that benefit the ... read more >
June 29, 2018
FDA Withdraws Draft Guidance On Evaluation Of Analytical Similarity Between A Proposed Biosimilar Product And A Reference Product
On June 21, 2018, the U.S. Food and Drug Administration (FDA) announced it was withdrawing the draft guidance, “Statistical Approaches to Evaluate Analytical Similarity,” issued in September 2017.  The announcement states that the draft guidance, if issued in final as written, “was intended to provide advice for sponsors developing biosimilar products regarding the evaluation of analytical similarity between a proposed biosimilar product and the reference product.”  Further, comments submitted to the docket “addressed a range of issues that could impact ... read more >
May 4, 2018
Minnesota Implements 20 Percent Biodiesel Blend Requirement
On May 1, 2018, a new biodiesel requirement went into effect in Minnesota, requiring all diesel fuel sold in the state to contain five percent biodiesel from October to March and 20 percent biodiesel from April to September. This is the last stage of the Biodiesel Content Mandate that has been steadily increasing the minimum content requirement of biodiesel in diesel sold in Minnesota since September 29, 2005, when a two percent blend requirement was introduced. Since then the requirement has increased to five percent on May 1, 2009, and stayed at five percent for the winter months while the ... read more >
January 12, 2018
New York City Council Passes Bill To Study Implementation Of Renewable Fuels
On December 28, 2017, New York City Council Member Costa Constantinides announced that the New York City Council unanimously passed a bill on the use of alternative fuels and alternative fuel technologies in the city ferry fleet (INT. 54).  The legislation would require a two-year study on the feasibility of using alternative fuel, including biodiesel, and fuel technologies, including hybrid electric or fuel-cell electric, in city ferries.  The study would include consideration of availability, storage, ferry compatibility, possible barriers, regulatory requirements, and other ... read more >
December 15, 2017
DOC Postpones LTFV Final Determinations Related To Biodiesel From Argentina And Indonesia
On December 8, 2017, the U.S. Department of Commerce (DOC) issued in the Federal Register a notice on the postponement of final determinations of sales in less than fair value (LTFV) investigations into biodiesel from Argentina and Indonesia and the extension of provisional measures.  As reported in the Biobased and Renewable Products Advocacy Group (BRAG®) blog post “DOC Initiates Biodiesel Antidumping, Countervailing Investigation,” DOC initiated LTFV investigations of imports of biodiesel from Argentina and Indonesia on April 12, 2017.  DOC is postponing ... 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 >
September 22, 2017
New York Governor Signs Bill On Bioheating Fuel Requirements
The National Biodiesel Board (NBB) announced that on September 13, 2017, New York Governor Andrew Cuomo signed legislation that introduces bioheating fuel tax credits and bioheating fuel tax requirements to three New York counties.  The bill (S5422A) requires all home heating oil sold for use in Nassau, Suffolk, and Westchester counties on or after July 1, 2018, to contain at least five percent biodiesel (B5).  Assemblyman Steve Englebright and Senator Phil Boyle sponsored the bill, which received broad support from a range of industry and environmental advocates.  New York ... read more >
September 1, 2017
DOC Publishes Preliminary AD/CVD Determination For Argentina And Indonesia
On August 28, 2017, the U.S. Department of Commerce (DOC) announced in the Federal Register that a preliminary determination had been issued in the antidumping (AD) and countervailing duty (CVD) investigations on biodiesel from Argentina and Indonesia.  DOC preliminarily determined that countervailable subsidies are being provided to producers and exporters of biodiesel from Argentina and Indonesia. The period of investigation for both countries is January 1, 2016, through December 31, 2016.    Pursuant to Section 703(e)(1) of the Tariff Act of 1930, DOC preliminarily ... read more >
August 18, 2017
DOC Postpones Biodiesel AD/CVD Investigation Preliminary Determinations
On August 15, 2017, the U.S. Department of Commerce’s (DOC) International Trade Administration (ITA) announced in the Federal Register that the preliminary determination in the antidumping (AD) and countervailing duty (CVD) investigations on biodiesel from Argentina and Indonesia will be postponed.  A request to postpone the determinations was submitted by a petitioner on July 6, 2017, and, pursuant to Section 733(c)(1)(A) of the Tariff Act of 1930, ITA determined that there was no compelling reason to deny the request.  The preliminary determination will now be due by October ... read more >
August 11, 2017
Minnesota Doubles Summer Biofuel Mandate For Diesel
On August 3, 2017, Minnesota Governor Mark Dayton announced that the state will implement a new biodiesel standard in May 2018 that will increase the biodiesel blend mandate from 10 percent (B10) to 20 percent (B20) between April and September each year.  Currently under the state’s biodiesel program, diesel fuel sold in Minnesota must contain at least 10 percent biodiesel during the summer months, with the blend lowering to 5 percent from October to March.  While the new mandate doubles the blend requirement during the summer months, the mandate will revert back to 5 percent ... read more >
August 4, 2017
NBB Announces New CARB Certified Biodiesel Additive
On July 25, 2017, the National Biodiesel Board (NBB) announced that the California Air Resource Board (CARB) certified a biodiesel additive that will make California B20 blends the cleanest diesel fuel with the lowest emissions profile available in the U.S.  The additive known as Branded VESTA™1000 reduces every measurable regulated emission, including nitrogen oxides (NOx), when blended with CARB diesel fuel, California’s unique clean-burning biodiesel formulation.  A 20 percent blend of biodiesel with the additive reduced NOx by 1.9 percent and particulate matter by 18 ... read more >
June 30, 2017
Weekly Roundup of Other Biobased News
Platts, “Recent California LCFS Case Ruling Unlikely to Affect State's Market: Sources” UPM Biofuels, “Ecofys Study on Crude Tall Oil Markets and Availability: Sufficient Supply for Advanced Biofuels, Biomaterials and Energy Usage” University of Illinois, “Corn Better Used As Food Than Biofuel, Study Finds” Chemical & Engineering News, “Green Synthesized Biofuel Meets Auto ... read more >
May 25, 2017
IBB Praises Iowa Governor’s Commitment To Funding Biofuels Infrastructure
On May 12, 2017, the Iowa Biodiesel Board (IBB) praised Governor Terry Branstad for signing into law the Rebuild Iowa Infrastructure Fund bill (HF 643), which provides $3 million in funding for the Renewable Fuels Infrastructure Program.  IBB stated that it, along with industry partners, worked closely with legislature to ensure the funding language was included in Iowa’s budget, and acknowledged Branstad for being a steadfast supporter of funding renewable fuels and the infrastructure program, which is designed to encourage fuel retailers to offer biofuels.  Grant Kimberley, ... read more >
May 19, 2017
Weekly Roundup of Other Biobased News
Platts, “White House Reviews US EPA's Proposed 2018-19 Biofuel Blending Volumes” U.S. Department of Energy, “Map Out Your Career in the Bioeconomy with BETO’s New Bioenergy Career Map!” Iowa Farm Bureau, “Perdue Pledges Support for Trade and Biofuels during Iowa Visit” Lancaster University, “New Breakthrough Makes it Easier to Turn Old Coffee Waste into Cleaner ... read more >
May 12, 2017
Maine Senate Approves Bill To Support Bioplastics
On May 2, 2017, the Maine Senate approved a bill to support Maine’s emerging biobased products industry.  An Act to Improve the Ability of Maine Companies to Manufacture and Market Bioplastics (LD 656) would provide the Maine Technology Institute with a $1.5 million grant to provide competitive grants for the development, production, and marketing of bioplastics.  The bill was introduced by Senator Jim Dill (D-Old Town) and endorsed by Senator Dana Dow (R-Waldoboro), Senator Tom Saviello (R-Wilton), and 17 Democratic Senators.  Following approval by the Senate, the ... read more >
April 28, 2017
IRFA Concerned By Bill To Cap Iowa Biofuel Tax Credits
On April 13, 2017, the Iowa Renewable Fuels Association (IRFA) released a statement regarding the passage of a bill, HSB 187, by the Iowa House Appropriations Committee that would cut the value of the Iowa biofuels tax credits and complicate the mechanism for receiving the credit.  According to the bill, the value of the tax credits would be determined based on annual sales, and the amount of the credits would be capped on an annual, statewide basis.  The purpose of the biofuels tax credits was to incentivize consumers to purchase higher blends of ethanol and biodiesel, such as E15, ... read more >
April 21, 2017
IBB Announces Higher Blend Biofuels Dominate in Iowa
On April 4, 2017, the Iowa Biodiesel Board (IBB) announced that the Iowa Department of Revenue’s 2016 Retailers Fuel Gallons Annual Report demonstrated that more than half of Iowa’s fuel retailers carried biodiesel blends in 2016.  In 2016, 344.8 million gallons of on-road biodiesel blends were sold, which accounts for 54.7 percent of total on-road diesel fuel sales.  The report also showed that twice as many gallons of 11 - 20 percent biodiesel (B11-B20) were sold compared to lower blends.  IBB credits the growth in the use of higher biodiesel blends to ... read more >
April 13, 2017
Hawaii Senate Committee Passes Bill On Renewable Ground Transportation
On April 4, 2017, the Hawaii State Senate Committee on Ways and Means passed HB 1580, which sets a goal of having all ground transportation in Hawaii run on renewable fuel by 2045.  The bill, which does not contain an enforcement mechanism, provides a benchmark framework for achieving the ambitious target and establishes an intermediate target to reduce the sale of imported fuels by five percent in 2025.  The Senate Committee introduced amendments that clarify the bill does not create a mandate to move to 100 percent clean ground transportation, but it outlines a path to achieve ... read more >
April 7, 2017
California Approves 12 Biodiesel And Renewable Diesel Pathways
On March 23, 2017, the California Environmental Protection Agency’s Air Resources Board (ARB) announced the release of new carbon intensity pathways for fuels certified under the low carbon fuel standard (LCFS) using the CA-GREET 2.0 model.  Of the 18 pathways approved in March, eight are first generation biodiesel carbon intensity pathways and four are second generation renewable diesel carbon intensity pathways.  A pathway for biodiesel produced from used cooking oil has been provisionally certified, as well.  The approved pathways can be used for credit reporting ... read more >
April 7, 2017
California Announces Proposed Recipients Of $23 Million In Bioenergy Grants
On March 24, 2017, the California Energy Commission (CEC) published a notice on the proposed recipients of up to $23 million in Electric Program Investment Charge (EPIC) funding for applied research and development (AR&D) and technology demonstration and development (TD&D) activities focused on advancing bioenergy electricity generation.  The funding opportunity is focused on three main bioenergy applications, including:   ■  Efficient, Sustainable and Lower-Cost Bioenergy: Innovations to Improve Woody Biomass-to-Electricity Systems ... read more >
March 24, 2017
National Farmers Union Passes Resolution On Higher Blended Fuels
On March 13, 2017, the South Dakota Farmers Union announced that the National Farmers Union had passed a resolution calling for the U.S. Environmental Protection Agency (EPA) to open the market to higher blends of ethanol during its annual meeting in San Diego.  The resolution, which was brought forward by the South Dakota Farmers Union delegation, promotes the use of higher blended fuels, such as E30, as a way to expand the retail fuels infrastructure and support the Renewable Fuel Standard (RFS).   In addition to passing the resolution, the National Farmers Union filed legal ... read more >
February 17, 2017
Illinois State Senators Introduce Legislation To Boost Biobased Economy
On February 9, 2017, Illinois State Senators Andy Manar and Chapin Rose introduced legislation aimed at growing Illinois’ biobased economy by providing incentives under the Renewable Chemical Production Tax Credit Program Act.  The program would provide credit against taxes for eligible Illinois businesses that produce renewable chemicals within the state using biomass feedstock and other renewable sources.  The legislation defines a renewable chemical as a building block with a biobased content of at least 50 percent.  According to the legislation, eligible businesses ... read more >
January 26, 2017
Lynn L. Bergeson And Charles M. Auer Publish “An Analysis of TSCA Reform Provisions Pertinent to Industrial Biotechnology Stakeholders”
Lynn L. Bergeson, Managing Partner of Bergeson & Campbell, P.C. (B&C®), and Charles M. Auer, Senior Regulatory and Policy Advisor with B&C, have published “An Analysis of TSCA Reform Provisions Pertinent to Industrial Biotechnology Stakeholders,” in Industrial Biotechnology. This article discusses how the “New [Toxic Substances Control Act (TSCA)] fundamentally changes the U.S. Environmental Protection Agency's (EPA) approach to evaluating and managing industrial chemicals, including genetically engineered microorganisms. The body of changes, the careful ... read more >
January 13, 2017
White House Releases Updated Coordinated Framework for the Regulation of Biotechnology
On January 4, 2017, the White House announced the release of the 2017 Update to the Coordinated Framework for the Regulation of Biotechnology. The 2017 Update provides a comprehensive summary of the roles and responsibilities of the U.S. Environmental Protection Agency (EPA), the U.S. Food and Drug Administration (FDA), and the U.S. Department of Agriculture (USDA) with respect to regulating biotechnology products. Together with the National Strategy for Modernizing the Regulatory System for Biotechnology Products, published in September 2016, the 2017 Update offers a “complete picture ... read more >
January 13, 2017
Extension of New York’s Clean Heating Fuel Tax Credit
The New York State Clean Heating Fuel Tax Credit has been extended through 2020.  The personal income tax credit, which was initially authorized in 2006, is provided to eligible taxpayers for biodiesel purchases used for residential space and water heating.  For each percent of biodiesel blended with conventional home heating oil, a tax credit of $0.01/gallon is available up to a maximum of $0.20/gallon.  A partial credit will be calculated for buildings with a shared oil storage tank for residential and non-residential space that is based on the percentage of residential ... read more >
January 6, 2017
Extension Of Comment Period On SCP Draft Alternatives Analysis Guide
On December 22, 2016, the California Department of Toxic Substances Control (DTSC) announced that the public comment period for the draft Alternatives Analysis (AA) Guide for the Safer Consumer Products (SCP) program has been extended to February 3, 2017. The guide, which was released on December 19, 2016, aims to help relevant stakeholders navigate all phases of the SCP AA process and provide useful approaches, methods, resources, tools and examples of how to fulfill SCP's regulatory requirements. The draft AA Guide is available through the Safer Consumer Products Information Management ... read more >
December 28, 2016
Biobased Chemical, Fuel Makers Seek Parity For Their Products Under Trump
Lynn L. Bergeson was quoted in the December 28, 2016, Bloomberg BNA Daily Environment Report story "Biobased Chemical, Fuel Makers Seek Parity For Their Products Under Trump" (subscription required): Biobased chemical and fuel manufacturers want their products to be treated equally with their fossil fuel-based counterparts under the incoming administration's policies. [...]  Lynn Bergeson, managing partner of the Washington D.C.-based Bergeson & Campbell, P.C., which manages the Biobased and Renewable Products Advocacy Group (BRAG), said Pruitt’s alignment with ... read more >
November 18, 2016
RSB Announces Revision Of Principles & Criteria
On November 8, 2016, the Roundtable on Sustainable Biomaterials (RSB) announced its members voted unanimously to publish revised Principles & Criteria that streamline the requirements and make them more user-friendly. The decision was announced at the Annual Assembly of Delegates meeting in Hanoi, Vietnam.   RSB stated the amendments will offer:   ■   A new user-friendly format, enabling easy understanding of how to apply the standard;    ■   Streamlined and clear impact assessment ... read more >
October 28, 2016
BIO Writes Open Letter To Congress Encouraging Multi-Year Extension Of Biofuel Incentives
On October 18, 2016, the Biotechnology Innovation Organization (BIO) sent a letter to Congressional Leadership, the Senate Finance Committee Chairs, and the House Ways and Means Committee Chairs calling for the extension of expiring renewable energy tax credits.  The Second Generation Biofuel Producer Tax Credit, the Special Depreciation Allowance for Second Generation Biofuel Plant Property, the Biodiesel and Renewable Diesel Fuels Credit, and the Alternative Fuel Vehicle Refueling Property are set to expire at the end of 2016, with BIO urging congress for multi-year extensions.  ... read more >
October 7, 2016
NYC Passes Legislation Increasing Allowed Biodiesel In Heating Oil Blend
On September 28, 2016, the City of New York passed a bill, 47 to three, increasing the amount of biodiesel in the city’s heating oil.  Heating oil in New York City currently contains two percent biodiesel, which will increase to five percent on October 1, 2017, ten percent in 2025, 15 percent in 2030, and 20 percent in 2034.  The first increase from a two to five percent biodiesel blend is expected to reduce an equivalent amount of emissions, taking 45,000 cars off the road, with the final target of a 20 percent reduction of emissions equivalent to removing over 250,000 ... read more >
September 30, 2016
Update To The Coordinated Framework For The Regulation Of Biotechnology Published In The Federal Register
On September 22, 2016,  Clarifying Current Roles and Responsibilities Described in the Coordinated Framework for the Regulation of Biotechnology (Update to the Coordinated Framework) was published in the  Federal Register . This proposed update provides a comprehensive summary of the roles and responsibilities of the U.S. Environmental Protection Agency (EPA), U.S. Food and Drug Administration (FDA), and U.S. Department of Agriculture (USDA) with respect to the regulation of biotechnology products. More information about what this means for the future of biotechnology and the ... read more >
September 23, 2016
Biotechnology: White House Releases Proposed Update To The Coordinated Framework And National Strategy For Modernizing The Regulatory System For Biotechnology Products
On September 16, 2016, the White House posted a blog item, "Building on 30 Years of Experience to Prepare for the Future of Biotechnology" and released two documents intended to modernize federal regulation of biotechnology products. In July 2015, the White House directed the U.S. Environmental Protection Agency (EPA), the U.S. Food and Drug Administration (FDA), and the U.S. Department of Agriculture (USDA) to develop a long-term strategy to ensure that the system is prepared for the future products of biotechnology, and commission an expert analysis of the future landscape of ... read more >
August 12, 2016
US Environmentalist And Organic Crop Farm Groups Want Overhaul Of Federal Biotechnology Strategy
On August 3, 2016, 24 farmer and public interest organizations wrote to the Obama Administration expressing their disappointment with the direction that the White House Office of Science and Technology Policy (OSTP) has taken with the proposed modernization of the Coordinated Framework for Regulation of Biotechnology (Coordinated Framework). The letter argues that an overly permissive regulatory framework for genetically engineered (GE) products has resulted in negative consequences, and that GE products need broader and more cautious regulatory oversight. The letter also states that public ... read more >
July 15, 2016
Senate Passes GMO Bill Creating A National Bioengineered Food Disclosure Standard With Federal Preemption And Exclusion Information
On July 7, 2016, the Senate passed a bill, An Act to Reauthorize and Amend the National Sea Grant College Program Act, and for Other Purposes (S. 764), through agreement to the House's amendment to S. 764, with further amendment. While the bill is being referred to as a genetically modified organism (GMO) labeling bill, there is no actual requirement to print GMO ingredients on labels. Instead, companies would be required to print information on the packaging (through text, a symbol such as a QR code, or an electronic link) directing consumers to a website or phone line for more ... read more >
July 15, 2016
Hawaii Governor Signs Renewable Fuels Production Tax Credit
On July 6, 2016, Hawaii Governor David Ige signed SB 2652 Related to Taxation -- Locally Produced Renewable Energy. This bill establishes a five-year renewable fuels production tax credit. The tax credit will take effect in 2017 and will provide 20 cents per gallon of ethanol (or 76,000 British thermal units (Btu) of renewable fuel) with a cap of $3 million. The tax credit is open to companies producing at least 15 billion Btu of fuel from renewable feedstocks per year. Acceptable fuels include, but are not limited to, ethanol, hydrogen, biodiesel, biogas, renewable jet fuel, and other ... read more >
July 15, 2016
Missouri Governor Signs Bill Promoting Blender Pump Installation Throughout The State
On June 24, 2016, Missouri Governor Jay Nixon signed Senate Bill 657 modifying provisions related to motor vehicles. Under this new law, liability insurance carried by gas stations will expand coverage to include the release of blended fuels from incompatible storage tanks. The inclusion of blended fuels under the required insurance policy will remove one more barrier towards increasing the number of blender pumps within the state. The bill was originally introduced on January 6, 2016, and will become effective on August 28, ... read more >
June 24, 2016
California Department Of Toxic Substances Control Announces New Members Of Green Ribbon Science Panel
On June 15, 2016, the California Department of Toxic Substances Control (DTSC) announced three new members of the Green Ribbon Science Panel (GRSP). The new members are Jack Linard, Ph.D., Personal Care Regulatory Affairs Team for Unilever North America; Elaine Cohen Hubal, Ph.D., Deputy National Program Director for EPA's Chemical Safety for Sustainability (CSS) Research Program; and Mark Nicas, Ph.D., MPH, CIH, Associate Adjunct Professor Emeritus for the University of California, Berkeley. The new members will work with existing panel members to advise DTSC on Safer Consumer Products ... read more >
June 3, 2016
Iowa Extends Biodiesel Production And Retailer Tax Credit Through 2024
On May 24, 2016, Iowan Governor Terry Branstad signed Senate File 2309, an Act providing for tax credits and refunds relating to renewable fuels including their component biofuels and including effective date provisions. The bill extends a state biodiesel production tax credit providing 2 cents per gallon (cpg) on the first 25 million gallons of production per biodiesel plant. The bill also extends a credit for petroleum retailers of 4.5 cpg on blends of 5 percent biodiesel or more through the end of 2017, with the incentive changing to 3.5 cpg for 5-11 percent biodiesel blends and 5.5 cpg ... read more >
May 6, 2016
Iowa Legislature Unanimously Votes To Extend Renewable Fuels Infrastructure Program
On April 27, 2016, the Iowa Senate voted 49-0 to extend the Renewable Fuels Infrastructure Program (RFIP) through June 30, 2017. The legislation, House File 2464, was passed by the Iowa House 94-0 and provides funding for cost-share grants to upgrade fueling infrastructure. RFIP covers up to 70 percent of the installation cost of E15, E85, or biodiesel blend fuel pumps for Iowa retailers, up to $50,000 per project. "While we were hopeful for a long-term funding solution for the state's renewable fuels infrastructure program, we're very pleased today that the Iowa legislature was ... read more >
April 22, 2016
California Sues Mendota Bioenergy LLC Over $1.7 Million In Misspent Public Money
On April 8, 2016, the California State Energy Resources Conservation and Development Commission (Commission) sued Mendota Bioenergy LLC, claiming it improperly spent public money targeted for equipment purchases. The bioenergy company entered into an agreement with the Commission in March 2013 to construct and operate a 10,000 ton beet to ethanol demonstration plant. After amending the agreement, Mendota agreed to build a 2,400 ton demonstration plant with the Commission providing nearly $5 million in reimbursements, with Mendota providing the remaining $6.5 million. Mendota submitted an ... read more >
April 8, 2016
Companies with Commercial Biofuels and Biobased Chemicals -- Get Ready For CDR
In less than two months, renewable fuel and biobased chemical companies that have successfully moved from research and development to commercialization will be required to respond to the U.S. Environmental Protection Agency's (EPA) Chemical Data Reporting (CDR) rule under the Toxic Substances Control Act (TSCA). This may come as a surprise to some biobased chemicals companies that are under the misperception that they are not regulated under TSCA. This is simply wrong. Unless otherwise regulated as a pesticide, food, food additive, drug, cosmetic, or nuclear material, biobased chemicals ... read more >
April 8, 2016
Biodiesel Companies Can Thank BRAG For Cost Savings On CDR Reporting
As reported in last week's Update, EPA published its final rulemaking expanding the list of chemicals partially exemption from certain additional chemical data under the CDR. This action, which formally amended the list of chemicals that do not have to report the onerous downstream processing and use information under the CDR Form U, Part III, occurred because of the forward thinking actions of the Biobased and Renewable Products Advocacy Group (BRAG®). In October 2014, recognizing an advocacy opportunity to equalize what had been an uneven regulatory reporting field for biodiesel ... read more >
April 8, 2016
Iowa Renewable Chemical Production Tax Credit Signed Into Law
On April 6, 2016, Iowa Governor Terry Branstad signed Senate File 2300, creating a five cent tax credit, per pound of renewable chemicals produced from biomass feedstock between 2017 and 2026. Spokesman for Governor, Ben Hammes, stated, "Gov. Branstad believes this biochemical tax program will go even further to continue spurring economic growth all over Iowa, creating more high-quality jobs and attracting investments in renewable chemical manufacturing and advanced bio-refining." The bill passed the Iowa Senate on March 16, 2016, with a vote of 46-3, and the Iowa House on March 28, ... read more >
April 1, 2016
EPA Publishes Final Rule on Partial Exemption of Certain Chemical Substances from Reporting Additional Chemical Data In The Federal Register
On March 29, 2016, the U.S. Environmental Protection Agency (EPA) published the Partial Exemption of Certain Chemical Substances from Reporting Additional Chemical Data final rule in the Federal Register. This final rule amends the list of chemical substances that are partially exempt from additional reporting requirements under the Chemical Data Reporting (CDR) rule. The rule applies to six biodiesel chemicals that are very similar to petroleum based biodiesel chemicals that are already on the exempt list. EPA determined that CDR processing and use information for these chemical substances ... read more >
March 25, 2016
EPA Signs Final Rule Granting Partial CDR Exemptions For Biodiesel Products
On March 23, 2016, Bloomberg BNA Daily Environment Report announced that EPA signed a final rule exempting manufacturers of six biodiesel chemicals from reporting processing and use information under the Chemical Data Reporting (CDR) rule under Section 8(a) of the Toxic Substances Control Act (TSCA). In 2014, BRAG filed a regulatory petition to exempt the chemicals, requesting the same exemption that EPA currently provides to manufactures of petroleum-based versions of the chemicals. The rule was originally issued as a direct final rule in February 2015 before being withdrawn due to a single ... read more >
March 25, 2016
Iowa Senate Approves Renewable Chemical Production Tax Credit Legislation
On March 17, 2016, the Iowa State Senate voted 46-3 to approve Senate File 2300, a bill creating a production tax credit for renewable chemicals. The legislation was created to attract investment in renewable chemical manufacturing and biorefining to Iowa, and covers the production of higher value biochemicals from plant materials left over from biofuel production. The House Ways and Means Committee approved House File 2288, a companion bill, and sent the measure to the House floor. Senate File 2300 allows eligible businesses to claim a five cent tax credit per pound of renewable chemicals ... read more >
March 18, 2016
Richard E. Engler, Ph.D. Presents On Green Chemistry Issues At Chemical Watch Global Business Summit In Brussels
Richard E. Engler, Ph.D., Senior Chemist at Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®), made two presentations at the Chemical Watch Global Business Summit held in Brussels, Belgium from February 22-25, 2016. Dr. Engler presented during the "Green (Sustainable) Chemistry: The business and economic case for sustainable chemistry" seminar. His presentations are described below. For a full copy of either of these presentations, please contact Dr. Engler at rengler@lawbc.com. "Latest Developments in Green Chemistry in the US and possible ... read more >
March 11, 2016
OSHA Fines The Renewable Energy Group Over Hydrogen Gas Explosion
On March 3, 2016, The Advocate reported that the U.S. Occupational Safety and Health Administration (OSHA) fined a biodiesel plant run by The Renewable Energy Group (REG) $70,000 over a September 3, 2015, hydrogen gas explosion. The explosion injured four workers and resulted in three willful safety violations from OSHA. According to The Advocate, OSHA's citation stated that REG failed "to ensure a hazardous and flammable chemical was no longer in a plant pipeline that was under repair." A separate State Police investigation into the incident determined that the explosion ... read more >
March 4, 2016
More Information Available On Upcoming "Modernizing The Regulatory System For Biotechnology Products" Meetings
On February 1, 2016, the White House Office of Science and Technology Policy (OSTP) announced the dates and locations for the final two public engagement sessions covering the July 2, 2015 memorandum "Modernizing the Regulatory System for Biotechnology Products." The memorandum, issued under the Executive Office of the President (EOP) and jointly by (OSTP), the Office of Management and Budget, the U.S. Trade Representative, and the Council on Environmental Quality, directs the U.S. Environmental Protection Agency (EPA), the Food and Drug Administration (FDA), and the U.S. ... read more >
February 5, 2016
Dates And Locations Of "Modernizing The Regulatory System For Biotechnology Products" Meetings Announced
On February 1, 2016, the dates and locations for the last two public engagement sessions discussing the "Modernizing the Regulatory System for Biotechnology Products" memorandum were announced. The first meeting occurred on October 30, 2015, and a record of the meeting is available on the U.S. Food and Drug Administration (FDA) website. The second of the three meetings will be held on March 9, 2016, at the U.S. Environmental Protection Agency's (EPA) Region 6 office in Dallas, Texas. The third meeting will be held on March 30, 2016, at the University of California's David ... read more >
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