The U.S. Environmental Protection Agency (EPA) published a notice in the May 8, 2015, Federal Register announcing a public meeting on June 11, 2015, to discuss EPA’s April 6, 2015, proposed rule concerning reporting and recordkeeping requirements for certain chemical substances when they are manufactured or processed at the nanoscale. This is a very important opportunity for stakeholders to offer comments on a rulemaking that has important implications for the nano community....
May 8, 2015
Parliament Finalizes EU Biofuels Reform Rule
On April 28, 2015, the European Parliament approved a draft law restricting crop-based biofuels in order to encourage production of advanced biofuels with low-risk ILUC and cut greenhouse gas (GHG) emissions. The law, that was discussed in the April 23, 2015, Biobased and Renewable Products Update, applies to legislation requiring EU Member States ensure that at least 10 percent of energy used in transport by 2020 is renewable. Under the new law, no more than...
On April 29, 2015, the Roundtable on Sustainable Biomaterials (RSB) released a draft standard titled "Low iLUC Risk Biomass Criteria and Compliance Indicators" that will allow producers to show that they generate biofuels crops with a low-risk of indirect land use change (ILUC). The standards take into account yield increase, unused or degraded land, use of waste or residues, and integrated sugarcane and cattle production. The RSB standard is intended to be used in conjunction...
Sofinnova Partners has announced an award for renewable chemistry start-up companies to be presented at the 2015 Bio World Congress on Industrial Biotechnology. The winner will be able to pitch its project at the conference. Companies must have revenue below $5 million and be active in renewable chemistry, industrial biotechnology, or renewable fuels in order to be eligible for the award. There will be an online vote for the top five companies, and an industry...
The U.S. Department of Energy's (DOE) Biomass Research and Development Technical Advisory Committee published a notice in the April 30, 2015, Federal Register announcing an open meeting that will provide advice and guidance on promoting research and development leading to the production of biobased fuels and biobased products. The meeting will include updates on U.S. Department of Agriculture (USDA) and DOE biomass activities, updates on the Biomass Research and Development Initiative, an...
(BIO) released a new white paper on “Estimating Chilled Investment for Advanced Biofuels Due to RFS Uncertainty,” along with an accompanying press release. BIO examined the impact of EPA’s recent inability in administering the federal Renewable Fuel Standard (RFS) on investment in advanced and cellulosic biofuels. It has found that EPA’s delay in issuing the final 2013 and 2014 RFS rules, among other delays in RFS administration, is responsible for most of the...
Biofuels Digest is running a "Thought Leadership" series of articles highlighting some of the ways the Toxic Substances Control Act (TSCA) applies to biobased products. The articles, written by Biobased and Renewable Products Advocacy Group (BRAG®) Senior Policy Advisor and former head of the U.S. Environmental Protection Agency's (EPA) Green Chemistry program, Richard E. Engler, Ph.D., cover key points throughout the manufacturing and commercialization process at which...
On Thursday, April 30, 2015, the U.S. Environmental Protection Agency (EPA) issued interim guidance that it intends to clarify its toxicology data requirements for antimicrobial pesticides used on food contact surfaces. In addition, EPA issued a letter to antimicrobial registrants that EPA states is intended “to summarize how the Agency has been implementing 158W with respect to existing registered antimicrobial pesticides, as well as new and pending antimicrobial...
The Wilson Center’s Synthetic Biology Project announced on April 29, 2015, a first-of-its-kind inventory to track products and applications using the emerging technology of synthetic biology. The inventory is intended to provide the public the best available look at the many manufacturer-identified synbio-based products and the companies that produce them. The Synthetic Biology Project notes that because synthetic biology is a rapidly changing technology platform, the data represented in...
On April 20, 2015, the U.S. Environmental Protection Agency (EPA) announced it had reached settlements with three major pesticide registrants, for the actions of a third-party pesticide distributor, Harrell’s LLC (Harrell’s), a Florida-based lawn and turf care business that was distributing the registrants’ respective products. EPA alleged that Harrell’s sold improperly labeled products that contained the pesticides dithiopyr, chlorantra-niliprole, and imidacloprid. Without...
Iowa Senate bill SF 350: the Renewable Chemical Production Tax Credit Program was introduced in March 2015, and is awaiting review in the Ways & Means Committee. If passed, the legislation will allow producers of renewable chemicals in Iowa to claim a five cent per pound tax credit, with a maximum credit of $1 million for businesses operating in Iowa for five years or less, and a maximum credit of $500,000 for businesses operating in...
On April 22, 2015, U.S. Department of Agriculture (USDA) Secretary Tom Vilsack celebrated Earth Day by announcing that USDA "is providing more than $112 million in loans and grants to help rural communities build and upgrade their water and energy infrastructure systems." The funding for the energy infrastructure programs is provided through the Rural Energy for America Program (REAP), and funds a total of 25 renewable energy projects. The grants support government bodies, utilities,...
On April 24, 2015, EPA released a Federal Register notice inviting comment on analysis of the greenhouse gas (GHG) emissions produced during the production and transport of Brassica carinata (carinata) oil feedstock for use in the production of biofuels. The plant is not used for food in the U.S., and has high concentrations of erucic acid, making it attractive for use in biolubricants and biopolymers, as well as biofuels. EPA anticipates that biofuels produced using...
On April 23, 2015, a bi-partisan group of 37 Senators led by Chuck Grassley (R-IA), Amy Klobuchar (D-MN), Dick Durbin (D-IL), John Thune (R-SD), Al Franken (D-MN), and Mark Kirk (R-IL) sent a letter to U.S. Environmental Protection Agency (EPA) Administrator Gina McCarthy urging a strong final 2014 Renewable Fuel Standard (RFS). The full list of 37 co-signors and text of the letter is available on Senator Grassley's website. The Senators urge EPA to reconsider...
On April 28, 2015, the U.S. Senate Committee on Environment and Public Works (EPW Committee) passed by a 15-5 vote a version of S. 697, the Frank R. Lautenberg Chemical Safety for the 21st Century Act. This action by the EPW Committee paves the way for consideration of S. 697 — legislation to reform the Toxic Substances Control Act of 1976 (TSCA) — by the full U.S. Senate. The authors of S. 697, Senators David...
April 30, 2015
NIOSH Announces Publication of Paper from Industrywide Study on Carbon Nanotube and Nanofiber Exposure
On April 27, 2015, the National Institute for Occupational Safety and Health (NIOSH) announced publication of “Carbon Nanotube and Nanofiber Exposure Assessments: An Analysis of 14 Site Visits” in Annals of Occupational Hygiene. The paper is the second report from NIOSH’s Industrywide Study. According to NIOSH, the findings illustrate which tasks have the highest exposures, trends in exposure, nature and character of materials involved, effectiveness of controls when used,...
The U.S. Department of Agriculture (USDA) National Institute of Food and Agriculture (NIFA) announced on April 27, 2015, that it awarded more than $3.8 million in grants “focused on using nanotechnology to find solutions to societal challenges such as food security, nutrition, food safety, and environmental protection.” The grants were made through NIFA’s Agriculture and Food Research Initiative (AFRI), which is authorized by the 2014 Farm Bill. According to USDA’s press...
April 27, 2015
DPR Proposal for Right-to-Know Notifications Prior to Soil Fumigant Applications Could Have Far-Reaching Implications
On April 9, 2015, the California Department of Pesticide Regulation (DPR) held the first of a planned series of workshops intended to help DPR develop “regulation concepts” for possible notifications prior to field fumigations. The presentations and video from that workshop are now available on DPR’s website. DPR’s presentation at the workshop focused on the background that it believes supports the consideration of a notification requirement, and on current methyl bromide...
April 23, 2015
ECETOC Nano Task Force Proposes Decision-Making Framework for the Grouping and Testing of Nanomaterials
The European Centre for Ecotoxicology and Toxicology of Chemicals (ECETOC) Nano Task Force published an article in Regulatory Toxicology and Pharmacology entitled “A decision-making framework for the grouping and testing of nanomaterials (DF4nanoGrouping).” The DF4nanoGrouping consists of three tiers to assign nanomaterials to four main groups, to perform sub-grouping within the main groups, and to determine and refine specific information needs. According to the abstract, the...
? 3LB Media, "Arla Food Eko Brand Organic Milk Now in Tetra Rex® Bio-Based" ? Washington State University, "Researchers Use Plant Oils for Novel Bio-Based Plastics" ? The Hill, "Clinton Meets with Ethanol Representatives" ? The Hill, "Former Obama Advisor Suggests Changes to Ethanol Mandate" ? Business Wire, "NexSteppe Demonstrates Dedicated Biomass Crops at Commercial Scale" ? Phys.Org, "Tobacco Plants May Boost Biofuel and Biorefining...
On April 14, 2015, Members of the European Parliament and certain ministers agreed to limit how biofuels derived from agricultural crops would be accounted for in the European Union's (EU) goal to increase the use of renewable energy. The new law caps the use of first generation biofuels to seven percent of the total energy use being counted towards the EU's renewable energy goal of ten percent. Member States will have the opportunity to reduce...
April 23, 2015
Wood Innovations Grants Provide Funding For Biomass Projects
The U.S. Department of Agriculture (USDA), in partnership with the U.S. Forest Service, has announced the recipients of the 2015 Wood Innovations Grants. More than 40 projects were awarded over $9 million to expand and accelerate wood energy and wood product markets. The $9 million will leverage private investments from partners, resulting in a total of $31 million distributed to grant winners across 23 different states. The projects range from "Composting Forest Biomass to Reduce...
April 23, 2015
EPA Seeks Comment On Proposed RFS Deadlines
As referenced in last week's Biobased and Renewable Products Update, EPA published a Proposed Consent Decree along with a request for comment in response to the Clean Air Act (CAA) lawsuit filed by the American Fuel & Petrochemical Manufacturers (AFPM) and the American Petroleum Institute (API). The decree will establish deadlines for EPA to propose and issue in final the 2015 RFS. Comments are being accepted until May 20, 2015....
On April 21, 2015, the U.S. Department of Energy (DOE) released the initial installment of its Quadrennial Energy Review (QER). This first installment focuses on ways to modernize the U.S. energy infrastructure to increase the country's energy competitiveness and security. In its QER, DOE points out that while U.S. biofuel production has increased significantly over the past decade — due largely to the federal Renewable Fuel Standard (RFS) –"[c]ontinued growth in ethanol use...
On April 15, 2015, the U.S. Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (FWS), the National Oceanic and Atmospheric Administration National Marine Fisheries Service (NMFS), and the U.S. Department of Agriculture (USDA) held a one-day workshop regarding assessing risks to endangered and threatened species from pesticides. This workshop was intended to provide a forum for stakeholders to offer scientific and technical feedback on the ongoing agency efforts to...
April 16, 2015
EPA Issues Letter Stating It is “Unlikely” to Approve New Outdoor Neonicotinoid Pesticide Uses
On April 2, 2015, the U.S. Environmental Protection Agency (EPA) sent a letter to all registrants of nitroguanidine neonicotinoid pesticide products stating that “until the data on pollinator health have been received and appropriate risk assessments completed,” EPA is “unlikely to be in a position to determine that such uses would avoid ‘unreasonable adverse effects on the environment’ as required under FFIRA to support further regulatory expansion of these pesticides in...
April 16, 2015
Elevance Wins 2015 New Energy Pioneer Award
Biobased and Renewable Products Advocacy Group (BRAG®) member Elevance Renewable Sciences, Inc. (Elevance) was named a 2015 New Energy Pioneer award winner by Bloomberg New Energy Finance on April 13, 2015. Elevance CEO K'Lynne Johnson accepted the award on behalf of the company. Bloomberg New Energy Finance recognized Elevance and nine other companies as revolutionizing the energy sector in potential scale, innovation, and momentum. Elevance's recent introductions include the...
April 16, 2015
Ohio Cuts Alternative Fuel Mandate In Transportation Budget
On April 1, 2015, the Governor of Ohio, John Kasich (R), signed the 2016-2017 Transportation Budget Bill (Sub. H.B. 53). The state transportation budget does not include a requirement on alternative fuel use in the state vehicle fleet, a requirement that had been in place since 2006. Ohio Department of Transportation's Matt Bruning stated that the requirement mandated the state increase the amount of alternative fuels each year with no cap in place, resulting in...
On April 9, 2015, the Pentagon released the Rocky Mountain/West Coast/Offshore Bulk Fuels Annual Buy (RMW) solicitation for biofuels on the FedBizOpps website. This purchase program supports the goal set by the Secretary of the Navy to have half of the Department of the Navy's energy come from alternative sources by 2020. Funding to defray additional biofuel costs for the RMW program is provided by the U.S. Department of Agriculture through the Commodity Credit Corporation....
April 16, 2015
House Subcommittee Hearing On TSCA Modernization Act
On April 14, 2015, the U.S. House of Representatives’ Energy & Commerce Committee’s Subcommittee on Environment and the Economy held a hearing on the TSCA Modernization Act of 2015 discussion draft (TMA-DD). An analysis of the April 7, 2015, TMA-DD is available on the Bergeson & Campbell, P.C. (B&C®) website. The April 14, 2015, witnesses’ testimonies are posted on the Energy & Commerce Committee website....
April 16, 2015
EPA Announces Timeline For Renewable Fuel Standards
On April 10, 2015, the U.S. Environmental Protection Agency (EPA) lodged with the U.S. District Court for the District of Columbia a proposed consent decree to resolve litigation challenging the delay in issuing Renewable Fuel Standards (RFS) for 2014 and 2015 brought by the American Petroleum Institute (API) and the American Fuel & Petrochemical Manufacturers (AFPM) against EPA. The consent decree would establish EPA’s schedule for issuing a RFS for 2014 and 2015. In its...
April 14, 2015
NNI Publishes Outcomes of the 2015 EU-U.S.: Bridging NanoEHS Research Efforts Joint Workshop
The National Nanotechnology Initiative (NNI) published on March 23, 2015, the outcomes of the March 12-13, 2015, joint workshop held by the U.S. and the European Union (EU), “Bridging NanoEHS Research Efforts.” The workshop was intended to promote and deepen the collaboration on nanotechnology environmental, health, and safety (nanoEHS) research. Workshop participants reviewed progress toward U.S.-EU Communities of Research (COR) goals and objectives, shared best...
On March 24, 2015, the European Commission (EC) announced a call for data on the ingredient “colloidal silver (nano).” According to the EC, it has received notification of several cosmetics products containing the ingredient “colloidal silver (nano)” (CAS No. 7440-22-4). The EC states that although this ingredient is not regulated in the cosmetics regulation, it is reported in the Cosmetic Ingredients and Substances (CosIng) database with antimicrobial functions. According to the...
April 10, 2015
SCENIHR Identifies Use of Nanomaterials for Medical Imaging and Drug Delivery and Graphene Nanomaterials as Emerging Issues
On April 9, 2015, the European Commission (EC) Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR) posted a Position Statement on emerging and newly identified health risks to be drawn to the attention of the European Commission. The primary purpose of the paper is to draw the attention of the EC to emerging issues in the non-food area that have been identified by SCENIHR members as having the potential to significantly impact human health...
On April 3, 2015, the California Air Resources Board (CARB) held a Public Workshop to discuss updates to the California-Modified Greenhouse Gases, Regulated Emissions, and Energy Use in Transportation (CA-GREET) Model, version 2.0, under the Low Carbon Fuel Standard (LCFS). The update includes improved formulas to calculate Indirect Land Use Change (ILUC), and an updated model for calculating lifecycle Carbon Intensity (CI) values that is based on Argonne National Laboratory’s GREET model....
On March 26, 2015, Senators Rand Paul (R-KY) and Chuck Grassley (R-IA) introduced S. 899, the Fuel Choice and Deregulation Act of 2015, a bill to provide regulatory relief to alternative fuel producers and consumers. The bill would require EPA to provide a volatility waiver to E15, allowing the higher ethanol blend to be sold year round. Fuels have volatility limits in the summer to prevent excess evaporation that results in smog. Some areas cannot...
On March 26, 2015, Representative Todd Young (R-IN) introduced H.R. 1665, the Alternative Fuel Tax Parity Act, to amend the Internal Revenue Code of 1986 to equalize the excise tax on liquefied natural gas (LNG) and liquefied petroleum gas (propane). This legislation would attach federal tax parities for LNG and propane to the Alternative Fuel Tax Credit (AFTC) that currently covers alternative fuel mixtures, alcohol fuel, and biodiesel. The AFTC has expired and is awaiting...
On April 7, 2015, the U.S. House of Representatives’ Committee on Energy and Commerce announced that the Subcommittee on Environment and the Economy will hold a legislative hearing on a new discussion draft of the TSCA [Toxic Substances Control Act] Modernization Act, released by Committee Chair John Shimkus (R-IL) the same day — April 7, 2015. The hearing is scheduled for Tuesday, April 14, 2015, at 10:15 a.m. (EDT) in Room 2322 of the Rayburn...
April 6, 2015
Comments Due July 6 on Proposed Reporting and Recordkeeping Requirements for Nanoscale Materials
The U.S. Environmental Protection Agency’s (EPA) Toxic Substances Control Act (TSCA) Section 8(a) proposed rule concerning reporting and recordkeeping requirements for certain chemical substances when manufactured or processed at the nanoscale was published in the April 6, 2015, Federal Register. EPA proposes to require persons that manufacture or process these chemical substances to report electronically to EPA certain information, including the specific chemical identity, production...
On March 26, 2015, a group of ethanol and agricultural groups sent a letter (the industry letter) to the U.S. House of Representatives Appropriations Committee’s Subcommittee on Agriculture, Rural Development, Food and Drug Administration and Related Agencies to express their strong opposition to including certain language harmful to the ethanol industry in the Fiscal Year 2016 Agriculture, Rural Development, U.S. Food and Drug Administration (FDA) and Related Programs Appropriations bill....
On March 25, 2015, EPA announced the direct final rule, Regulation of Fuels and Fuel Additives: Cellulosic Waiver Credit Price and Minor Amendments to Renewable Fuel Standard Regulations, that would result in cellulosic waiver credit prices being posted on the EPA website rather than as a result of the rulemaking process. This would allow the credit prices to be announced as soon as the needed data for the wholesale price of gasoline is available, which...
On March 30, 2015, the National Biodiesel Board (NBB) submitted a petition to EPA seeking reconsideration and a request for stay of EPA’s approval of the Argentinian Camara Argentina de Biocombustibles (CARBIO) Alternative Biomass Tracking Program. According to the NBB press release, EPA failed to provide an opportunity for public comment on the EPA decision and a lack of transparency as to how the Argentinian biodiesel producers will demonstrate compliance with the Renewable Fuel Standard...
On March 30, 2015, the U.S. Environmental Protection Agency (EPA) withdrew a Direct Final Rule for Partial Exemption of Certain Chemical Substances from Reporting Additional Chemical Data. The direct final rule, issued in January 2015, would have exempted manufacturers of six biobased diesel chemicals from reporting processing and use information for the compounds under the Chemical Data Reporting (CDR) rule. It resulted from a regulatory petition filed by the Biobased and Renewable Advocacy...
On March 26, 2015, Mr. David Saltman, Chairman of Biobased and Renewable Products Advocacy Group (BRAG®) member company Malama Composites, spoke at NPE2015: The International Plastics Showcase on “Designing the Future: How Materials Can Change the World.” ...
Recently, the results of a three-year University of Maryland study assessing the potential chronic sublethal effects on whole honey bee colonies of a diet containing imidacloprid, an insecticide that belongs to the neonicotinoid class of chemicals, at 5, 20, and 100 μg/kg over multiple brood cycles have been released. The study, Assessment of Chronic Sublethal Effects of Imidacloprid on Honey Bee Colony Health, funded primarily by a Cooperative Agreement with the U.S. Department of...
March 27, 2015
USDA NOP Releases New Policy Memo on Nanotechnology
The U.S. Department of Agriculture (USDA) National Organic Program (NOP) issued on March 24, 2015, a policy memorandum clarifying the status of nanotechnology in organic production and handling under the USDA organic regulations. The memorandum states that NOP has received questions about the use of nanotechnology. The memorandum uses the term “engineered nanomaterials” to refer to substances specifically designed and manufactured to have unique properties or behavior attributable to...
March 27, 2015
Legislation Introduced In Senate To Phase Out RFS
On March 18, 2015, Senator Ted Cruz (R-TX) introduced S. 791, “The American Energy Renaissance Act of 2015.” Representative Jim Bridenstine (R-OK) introduced companion legislation, H.R. 1487. The legislation would phase out the Renewable Fuel Standard (RFS), approve the Keystone XL pipeline, open Alaska’s Arctic National Wildlife Refuge for oil and gas exploration, and stop EPA from regulating GHG emissions. Under the bill, the RFS would start to be phased out in 2016 with a...
March 27, 2015
Pennycress Oil Notice Published In The Federal Register
On March 20, 2015, the Notice of Opportunity to Comment on an Analysis of the Greenhouse Gas Emissions Attributable to Production and Transport of Pennycress (Thlaspi Arvense) Oil for Use in Biofuel Production that was discussed in the March 19, 2015, Biobased and Renewable Products Update was published in the Federal Register. The docket number is EPA-HQ-OAR-2015-0091 and comments on the notice close on April 20, 2015. ...
March 27, 2015
EPA Requests Information On Cellulosic Biofuels And E15
EPA is accepting public comments through May 26, 2015, on two proposed information collection requests (ICR) published in the Federal Register on Tuesday, March 24, 2015. The proposed ICRs concern projected cellulosic biofuels volumes and gasoline containing greater than 10 volume percent ethanol up to 15 volume percent ethanol (E15). Comments received will assist EPA as the agency prepares to submit the final ICRs to the Office of Management and Budget (OMB) for its official...
On March 19, 2015, the White House published an Executive Order signed by President Obama that would further a preference for U.S. Department of Agriculture (USDA) BioPreferred products. Planning for Federal Sustainability in the Next Decade sets new greenhouse gas (GHG) emission targets for federal agencies to reach by 2025 and increases renewable energy use and building efficiency, while reducing fleet emissions in the federal government. The new targets would reduce total GHG emissions by...