Bergeson & Campbell, P.C. (B&C®) is a Washington, D.C. law firm providing chemical and chemical product stakeholders unparalleled experience, judgment, and excellence in matters relating to TSCA, and other global chemical management programs.

By Lynn L. Bergeson and Carla N. Hutton
 
The U.S. Environmental Protection Agency (EPA) announced on September 8, 2022, that it selected 39 recipients that will receive nearly $12 million in pollution prevention (P2) grants made possible by President Joseph Biden’s Bipartisan Infrastructure Law’s $100 million program investment. According to EPA, the grants will allow states and Tribes to provide businesses with technical assistance to help them develop and adopt P2 practices to prevent or reduce pollution before it is even created, while also reducing business and liability costs. Proposed projects include reducing per- and polyfluoroalkyl substances (PFAS) contamination in food packaging and food waste recycling streams, increasing awareness of green cleaning chemicals in businesses and schools, and helping underserved communities implement P2 best practices to reduce waste and emissions from industrial plants.
 
EPA notes that the P2 program advances President Biden’s Justice40 Initiative, which aims to deliver at least 40 percent of the benefits of certain government programs to underserved communities. State and Tribal programs awarded grants will not be required to provide matching funds, as is required by traditional P2 grants.
 
According to EPA, selected and awarded grantees will document and share P2 best practices they identify and develop through these grants so that others can replicate the practices and outcomes. Each selected grantee will address at least one of the National Emphasis Areas (NEA) established to focus resources to achieve measurable results and to create opportunities to share information among P2 grantees and businesses affiliated with similar NEAs. Each selected grantee will also develop at least one case study during the grant period on P2 practices that are new or not widely known or adopted, or where detailed information on P2 practices could benefit other businesses or P2 technical assistance providers. The NEAs include food and beverage manufacturing and processing; chemical manufacturing, processing, and formulation; automotive manufacturing and maintenance; aerospace product and parts manufacturing and maintenance; metal manufacturing and fabrication; and supporting P2 in Indian country and for Alaska Native Villages.

Tags: P2, PFAS, pollution

 

By Lynn L. Bergeson and Carla N. Hutton
 
The U.S. Environmental Protection Agency (EPA) is now accepting nominations for the 2022 Green Chemistry Challenge Awards from companies or institutions that have developed a new green chemistry process or product that helps protect human health and the environment. EPA states that in support of the Biden-Harris Administration’s commitment to tackle the climate crisis, it is adding a new award category to recognize technology that reduces or eliminates greenhouse gas emissions. EPA will hold a webinar during Pollution Prevention (P2) Week, on Wednesday, September 22, 2021, from 2:00 p.m. - 3:30 p.m. (EDT), to educate stakeholders on the Green Chemistry Challenge Awards and the nomination process. Nominations are due to EPA by December 10, 2021. According to EPA, an independent panel of technical experts convened by the American Chemical Society Green Chemistry Institute will formally judge the 2022 nominations and make recommendations to EPA for the 2022 winners. EPA anticipates giving awards to outstanding green chemistry technologies in six categories in June 2022.


 

By Lynn L. Bergeson and Carla N. Hutton
 
On June 15, 2021, the U.S. Environmental Protection Agency (EPA) appointed nine new members to serve on the Toxic Substances Control Act (TSCA) Science Advisory Committee on Chemicals (SACC). Additionally, EPA appointed a new Chair and reappointed seven existing members. In EPA’s July 13, 2021, announcement, EPA notes that members of the TSCA SACC serve staggered terms of appointment, generally of three years. They possess expertise in scientific and technical fields relevant to chemical risk assessment and pollution prevention, including human health and ecological risk assessment and chemical exposure to susceptible life stages and subpopulations. EPA states that in addition to scientific expertise, members also have backgrounds and experiences that will contribute to the diversity of scientific viewpoints, including professional experiences in government, public health, industry, and other groups. According to EPA, TSCA SACC serves as a primary scientific peer review mechanism of EPA’s Office of Chemical Safety and Pollution Prevention (OCSPP) and is structured to provide independent scientific advice and recommendations to EPA on the scientific basis for risk assessments, methodologies, and pollution prevention measures and approaches for chemicals regulated under TSCA.


 

By Lynn L. Bergeson and Carla N. Hutton
 
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 are due March 31, 2020.
 
EPA states that it anticipates awarding approximately $9.38 million in total federal pollution prevention grant funding over a two-year funding cycle ($4.69 million in FY 2020 funds and approximately $4.69 million in FY 2021 funds).  According to EPA, P2 grants are expected to be awarded in each EPA region and will be funded in the form of grants or cooperative agreements.  EPA provides the following “quick facts” for P2 grants:

  • Eligibility:  State governments, colleges, and universities (recognized as instrumentalities of the state), federally recognized tribes, and intertribal consortia;
  • Match requirement:  50 percent match; for tribal governments that place P2 grant activities into a performance partnership grant (PPG) agreement, the match for the tribe is reduced to five percent;
  • Review of applications:  Along with other requirements that are noted in the Request for Applications (RFA), applications must address one of the following statutory/regulatory criteria to merit further review:
    • Provide technical assistance and/or training to businesses/facilities about source reduction techniques to help them adopt and implement source reduction approaches and to increase the development, adoption, and market penetration of greener products and sustainable manufacturing practices; and
    • Identify, develop, document, and share P2 best management practices and innovations so this information may inform future technical assistance and these P2 approaches and outcomes may be replicated by others;
  • Range of awards:  Individual grant awards may potentially be in the range of $40,000-$500,000 for the two-year funding period (between $20,000 and $250,000 incrementally funded per year).  Some EPA regions may have lower award caps, however; and
  • Average number of grants issued: 40.

 
EPA will hold an informational webinar on February 19, 2020, from 2:00 p.m. to 3:30 p.m. (EST).