80_FR_15056 80 FR 15002 - 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

80 FR 15002 - 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

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 54 (March 20, 2015)

Page Range15002-15007
FR Document2015-06444

In this Notice, the Environmental Protection Agency (EPA) is inviting comment on its analysis of the greenhouse gas (GHG) emissions attributable to the production and transport of Thlaspi arvense (``pennycress'') oil feedstock for use in making biofuels such as biodiesel, renewable diesel, and jet fuel. This notice explains EPA's analysis of the production and transport components of the lifecycle GHG emissions of biofuel made from pennycress oil, and describes how EPA may apply this analysis in the future to determine whether biofuels produced from pennycress oil meet the necessary GHG reductions required for qualification as renewable fuel under the Renewable Fuel Standard program. Based on this analysis, we anticipate that biofuels produced from pennycress oil could qualify as biomass-based diesel or advanced biofuel if typical fuel production process technologies are used.

Federal Register, Volume 80 Issue 54 (Friday, March 20, 2015)
[Federal Register Volume 80, Number 54 (Friday, March 20, 2015)]
[Notices]
[Pages 15002-15007]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06444]



[[Page 15002]]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2015-0091; FRL-9924-65-OAR]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In this Notice, the Environmental Protection Agency (EPA) is 
inviting comment on its analysis of the greenhouse gas (GHG) emissions 
attributable to the production and transport of Thlaspi arvense 
(``pennycress'') oil feedstock for use in making biofuels such as 
biodiesel, renewable diesel, and jet fuel. This notice explains EPA's 
analysis of the production and transport components of the lifecycle 
GHG emissions of biofuel made from pennycress oil, and describes how 
EPA may apply this analysis in the future to determine whether biofuels 
produced from pennycress oil meet the necessary GHG reductions required 
for qualification as renewable fuel under the Renewable Fuel Standard 
program. Based on this analysis, we anticipate that biofuels produced 
from pennycress oil could qualify as biomass-based diesel or advanced 
biofuel if typical fuel production process technologies are used.

DATES: Comments must be received on or before April 20, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2015-0091, by one of the following methods:
     http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     Email: [email protected], Attention Air and Radiation 
Docket ID No. EPA-HQ-OAR-2015-0091.
     Mail: Air and Radiation Docket, Docket No. EPA-HQ-OAR-
2015-0091, Environmental Protection Agency, Mail code: 28221T, 1200 
Pennsylvania Ave. NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center, EPA/DC, EPA WJC West, 
Room 3334, 1301 Constitution Ave. NW., Washington, DC 20460, Attention 
Air and Radiation Docket, ID No. EPA-HQ-OAR-2015-0091. Such deliveries 
are only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2015-0091. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
for which disclosure is restricted by statute. Certain other material, 
such as copyrighted material, will be publicly available only in hard 
copy. Publicly available docket materials are available either 
electronically in www.regulations.gov or in hard copy at the Air and 
Radiation Docket, EPA/DC, EPA WJC West, Room 3334, 1301 Constitution 
Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Public Reading Room is (202) 566-1744, and the 
telephone number for the Air and Radiation Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Jon Monger, Office of Transportation 
and Air Quality, Mail Code: 6406J, U.S. Environmental Protection 
Agency, 1200 Pennsylvania Avenue NW., 20460; telephone number: (202) 
564-0628; fax number: (202) 564-1686; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: This notice is organized as follows:

I. Introduction
II. Analysis of GHG Emissions Associated With Use of Pennycress Oil 
as a Biofuel Feedstock
    A. Feedstock Production, Land Availability, and Projected 
Volumes
    1. Background
    2. Volume Potential
    3. Indirect Impacts
    4. Crop Inputs
    5. Potential Invasiveness
    6. Crushing and Oil Extraction
    B. Feedstock Distribution
    C. Summary of Agricultural Sector GHG Emissions
    D. Fuel Production and Distribution
III. Summary

I. Introduction

    As part of changes to the Renewable Fuel Standard (RFS) program 
regulations published on March 26, 2010 \1\ (the ``March 2010 rule''), 
EPA specified the types of renewable fuels eligible to participate in 
the RFS program through approved fuel pathways. Table 1 to 40 CFR 
80.1426 of the RFS regulations lists three critical components of an 
approved fuel pathway: (1) Fuel type; (2) feedstock; and (3) production 
process. Fuel produced pursuant to each specific combination of the 
three components, or fuel pathway, is designated in Table 1 to 40 CFR 
80.1426 as eligible for purposes of the Clean Air Act's (CAA) 
requirements for greenhouse gas (GHG) reductions to qualify as 
renewable fuel or one of three subsets of renewable fuel (biomass-based 
diesel, cellulosic biofuel, or advanced biofuel). EPA may also 
independently approve additional fuel pathways not currently listed in 
Table 1 to 40 CFR 80.1426 for participation in the RFS program, or a 
third-party may petition for EPA to evaluate a new fuel pathway in 
accordance with 40 CFR 80.1416.
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    \1\ See 75 FR 14670.
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    EPA's lifecycle analyses are used to assess the overall GHG impacts 
of a fuel throughout each stage of its production and use. The results 
of these analyses, considering uncertainty and the weight of available 
evidence, are used to determine whether a fuel meets the necessary GHG 
reductions required under the CAA for it to be considered renewable 
fuel or one of the subsets of renewable fuel. Lifecycle analysis 
includes an assessment of emissions related to the full fuel lifecycle,

[[Page 15003]]

including feedstock production, feedstock transportation, fuel 
production, fuel transportation and distribution, and tailpipe 
emissions. Per the CAA definition of lifecycle GHG emissions, EPA's 
lifecycle analyses also include an assessment of significant indirect 
emissions, such as indirect emissions from land use changes, 
agricultural sector impacts, and production of co-products from biofuel 
production.
    Pursuant to 40 CFR 80.1416, EPA received a petition from Arvens 
Technology, Inc., with contents claimed as confidential business 
information (CBI), requesting that EPA evaluate the lifecycle GHG 
emissions for biofuels produced using Thlaspi arvense (``pennycress'') 
oil, and that EPA provide a determination of the renewable fuel 
categories, if any, for which such biofuels may be eligible. As an 
initial step in this process, EPA has conducted an evaluation of the 
GHG emissions associated with the production and transport of 
pennycress when it is used as a biofuel feedstock, and is seeking 
public comment on the methodology and results of this evaluation.
    EPA expects to consider comments received and then use the 
information to evaluate petitions received pursuant to 40 CFR 80.1416 
that propose to use pennycress oil as a feedstock for the production of 
biofuel, and that seek an EPA determination regarding whether such 
biofuels qualify as renewable fuel under the RFS program. In evaluating 
such petitions, EPA will consider the GHG emissions associated with 
petitioners' biofuel production processes, as well as emissions 
associated with the transport and use of the finished biofuel, in 
addition to the GHG emissions associated with the production and 
transport of pennycress feedstock in determining whether petitioners' 
proposed biofuel production pathway satisfies CAA renewable fuel 
lifecycle GHG reduction requirements.

II. Analysis of GHG Emissions Associated With Use of Pennycress Oil as 
a Biofuel Feedstock

    EPA has evaluated the lifecycle GHG impacts of using pennycress oil 
as a biofuel feedstock, based on information provided in the petition 
and other data gathered by EPA. For these analyses, we used a similar 
approach to that used for camelina oil in a rule published on March 5, 
2013 \2\ (the ``March 2013 rule''). In that rulemaking, EPA determined 
that several renewable fuel pathways using camelina oil feedstock meet 
the required 50% lifecycle GHG reduction threshold under the RFS for 
biomass-based diesel and advanced biofuel because the GHG emissions 
performance of camelina-based fuels is at least as good as that modeled 
for fuels made from soybean oil.
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    \2\ 78 FR 14190.
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    EPA believes that new agricultural sector modeling is not needed to 
evaluate the lifecycle GHG impacts of using pennycress oil as a biofuel 
feedstock for purposes of making GHG reduction threshold determinations 
for the RFS program. This is in part because of the similarities of 
pennycress oil to soybean oil and camelina oil, and because pennycress 
is not expected to have significant land use change impacts. Instead of 
performing new agricultural sector modeling, EPA relied upon the 
soybean oil analysis conducted for the March 2010 rule to assess the 
relative GHG impacts of growing and transporting pennycress oil for use 
as a biofuel feedstock. We have looked at every component of the 
agricultural sector GHG emissions from pennycress oil production, 
including land use change, crop inputs, crushing and oil extraction, 
and feedstock distribution. For each component, we believe that the GHG 
emissions are less than or equal to the emissions from that component 
of soybean oil production. Based on this analysis (described below), we 
propose to evaluate the agricultural sector GHG emissions impacts of 
using pennycress oil in responding to petitions received pursuant to 40 
CFR 80.1416 by assuming that GHG emissions are similar to those 
associated with the use of soybean oil for biofuel production. We 
invite comment on this proposed approach.

A. Feedstock Production

1. Background
    Pennycress is an oilseed crop of the flowering mustard plant family 
Brassicaceae. Pennycress is native to Eurasia and has been in North 
America for approximately 200 years. It is widespread throughout 
temperate regions, and can grow in cropland, fallow land, and along 
roadsides, among other places.\3\ It is a winter annual that flowers in 
spring.\4\ The fertilized flowers produce seedpods, with each plant 
producing up to 15,000 seeds. These seeds have a high oil content.\5\
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    \3\ Pennycress Resource Network, http://www.wiu.edu/pennycress/agronomics/. Accessed February 19, 2015.
    \4\ Fan, J. et al. (2013) ``A life cycle assessment of 
pennycress (Thlaspi arvense L.)--derived jet fuel and diesel.'' 
Biomass and Bioenergy, 55:87-100.
    \5\ Moser, B.R., et al. (2009) ``Production and evaluation of 
biodiesel from field pennycress (Thlaspi arvense L.) oil.'' Energy 
and Fuels, 23:4149-4155.
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    Pennycress oil is not edible, and currently has no commercial 
markets, but it has many potential uses. Pennycress oil has high 
concentrations of erucic acid,\6\ which could make it useful for 
industrial purposes such as lubricants and textiles softeners.\7\ In 
addition, pennycress seed meal has been investigated for use as a 
biofumigant.\8\ There is currently interest in developing pennycress 
for use as a biofuel crop because it can be grown in the winter between 
seasons for other major crops such as soybeans and corn, requires 
little inputs, and has a high oil content.\9\ In addition, growing 
pennycress can help preserve soil quality and water quality by reducing 
runoff and erosion.\10\ Because of the interest in pennycress as a 
biofuel crop, pennycress growth and fuel production are areas of active 
research at the United States Department of Agriculture (USDA), Western 
Illinois University, and in private industry.\11\
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    \6\ Moser, B.R., et al. (2009) ``Production and evaluation of 
biodiesel from field pennycress (Thlaspi arvense L.) oil.'' Energy 
and Fuels, 23:4149-4155.
    \7\ USDA Economic Research Service, ``Crambe, industrial 
rapeseed, and tung provide valuable oils,'' September 1996. 
Available at: http://www.ers.usda.gov/ersDownloadHandler.ashx?file=/media/933430/ius6c_002.pdf. Accessed July 8, 2014.
    \8\ Vaughn, S.F., et al. (2005) ``Biofumigant compounds released 
by field pennycress (Thlaspi arvense) seedmeal.'' Journal of 
Chemical Ecology, 31(1):167-177.
    \9\ Moser, B.R., et al. (2009) ``Production and evaluation of 
biodiesel from field pennycress (Thlaspi arvense L.) oil.'' Energy 
and Fuels, 23:4149-4155.
    \10\ Christiansen, J. and C. Taylor, ``Cover crops improve soil 
health, help farmers weather drought.'' USDA National Resources 
Conservation Service. Available at: http://www.nrcs.usda.gov/wps/portal/nrcs/detail/national/home/?cid=STELPRDB1083051. Accessed 
January 26, 2015.
    \11\ Evangelista, R.L. et al. (2012) ``Extraction of pennycress 
(Thlaspi arvense L.) seed oil by full pressing.'' Industrial Crops 
and Products, 37:76-81; Moser, B.R. et al. (2009) ``Composition and 
physical properties of cress (Lepidium sativum L.) and field 
pennycress (Thlaspi arvense L.) oils.'' Industrial Crops and 
Products 30:199-205; Moser, B.R., et al. (2009) ``Production and 
evaluation of biodiesel from field pennycress (Thlaspi arvense L.) 
oil.'' Energy and Fuels, 23:4149-4155.
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2. Volume Potential
    Based on information currently available, pennycress is expected to 
be primarily planted in the U.S. as a rotation crop with corn and 
soybeans,\12\ on acres that would otherwise remain fallow (see Table 
1). Current research indicates that planting pennycress in

[[Page 15004]]

lieu of fallowing would not decrease the next soybean yield.\13\ Since 
substituting fallow land with pennycress production would not typically 
displace another crop, EPA does not believe new acres would need to be 
brought into agricultural use to increase pennycress production.
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    \12\ Moser, B.R., et al. (2009) ``Production and evaluation of 
biodiesel from field pennycress (Thlaspi arvense L.) oil.'' Energy 
and Fuels, 23:4149-4155.
    \13\ Phippen, W.B. et al. (2010) ``Planting date, herbicide, and 
soybean rotation studies with field pennycress (Thlaspi arvense 
L.)'' Association for the Advancement of Industrial Crops Annual 
Meeting, Fort Collins, CO. September 19-22, 2010. Poster. Available 
at: http://www.wiu.edu/pennycress/current-experiments/Planting%20Date%202010.pdf.
[GRAPHIC] [TIFF OMITTED] TN20MR15.005

    Pennycress is currently cultivated on approximately 1,000 acres of 
land in the U.S., in Illinois, Iowa, Ohio, and Indiana.\14\ EPA 
anticipates that these states are most likely to have large scale 
increases in pennycress production in the short term, because 
pennycress is already cultivated there. Also, these states have high 
soybean acreage and the appropriate climate for pennycress to be 
cultivated as a winter crop before soybean planting. Based on USDA data 
on soybean acreage in 2014, pennycress could be cultivated on 31 
million acres in these states.\15\ However, industry is also 
considering cultivating pennycress in other Midwest corn-belt states, 
and according to their estimates, 40 million acres could be 
cultivated.\16\ Industry projects that by 2022, approximately 2 million 
of these available acres will be used for pennycress production.\17\ 
Based on our calculations of the potential biodiesel production from 
pennycress, as described below, we do not anticipate demand for 
pennycress oil to be greater than can be satisfied by available fallow 
acres.
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    \14\ Correspondence with Terry Isbell of USDA Agricultural 
Research Service (ARS).
    \15\ 2014 soybean acreage from USDA, National Agricultural 
Statistics Service, http://usda.mannlib.cornell.edu/MannUsda/viewDocumentInfo.do?documentID=1000.
    \16\ Arvens Technology, Inc., ``About Pennycress.'' Available 
at: http://arvenstech.com/about.html. Accessed February 23, 2015.
    \17\ Petition from Arvens Technology, Inc., June 2012.
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    Average yields of 1,000-2,000 pounds of pennycress seed per acre 
have been achieved on test plots,\18\ and are in line with expected 
yields of other oilseeds such as canola/rapeseed. Based on a mid-range 
yield of 1,500 pounds per acre and current acreage (1,000 acres), 
approximately 55,000 gallons of pennycress-based biodiesel could be 
produced from existing pennycress acres (assuming 0.28 pounds of 
pennycress oil can be extracted from a pound of seed, and 7.6 pounds of 
oil produces 1 gallon of biodiesel).\19\ Yield improvements of 
pennycress are expected to approach the yield growth rates of other 
oilseed crops over the next decade, as experience with growing 
pennycress improves cultivation practices and the application of 
existing technologies are more widely adopted.\20\ Assuming a yield 
growth rate of 2% per year, starting with a yield of 1,500 pounds per 
acre, yields would be 1,800 pounds per acre by 2022. Based on this 
yield and the industry's projection of 2 million acres of pennycress in 
2022, approximately 133 million gallons (MG) of pennycress-based 
biodiesel could be produced.\21\ If investment in new seed technology 
allows yields to increase to levels projected by industry (4,000 pounds 
per acre), significantly more pennycress-based renewable fuels could be 
produced.\22\ For the purposes of this analysis, we took a conservative 
approach in terms of lifecycle GHG impacts of crop production by 
assuming the lower yield estimate of 1,800 pounds per acre.
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    \18\ Isbell, T. and S. Chermak (2010). ``Thlaspi arvense 
(Pennycress) germination, development and yield potential.'' 
Advancement of Industrial Crops Annual Meeting, Fort Collins, CO. 
September 19-22, 2010. Abstract, p. 29. Available at: http://www.aaic.org/10program.htm.
    \19\ For biodiesel produced from soybean oil, 7.6 pounds of oil 
are also needed for one gallon of biodiesel. According to the 
petition, 0.28 lbs of pennycress oil can be extracted from a pound 
of seed. A similar value of 0.29 lbs oil per pound of seed is used 
by: Fan, J. et al. (2013) ``A life cycle assessment of pennycress 
(Thlaspi arvense L.)--derived jet fuel and diesel.'' Biomass and 
Bioenergy, 55:87-100.
    \20\ Correspondence with Terry Isbell of USDA ARS.
    \21\ Different amounts of feedstock oil are needed to produce a 
gallon of different types of fuel (biodiesel, renewable diesel, and 
renewable jet fuel). For simplicity, we only estimated the potential 
biodiesel production here, which requires the least amount of 
feedstock oil per gallon of fuel.
    \22\ Petition from Arvens Technology, Inc., June 2012.
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3. Indirect Impacts
    Unlike commodity crops that are tracked by USDA, pennycress does 
not have a well-established, internationally traded market that would 
be significantly affected by an increase in pennycress-based biofuels. 
Based on information provided in the petition itself, from USDA, and in 
the scientific literature, returns on pennycress are expected to be 
approximately $120 per acre, given average yields of 1,800 pounds per 
acre and a contract price of $0.15 per pound (See Table 2). For 
comparison purposes, the USDA estimates of corn and soybean returns, 
including operating costs but not overhead costs such as hired labor, 
were between $206 and $440 per acre in 2013.\23\ Over time, 
advancements in seed technology, improvements in planting and 
harvesting techniques, and changes in input usage could significantly 
increase future pennycress yields and returns, but it is unlikely the 
returns to farmers from pennycress will ever compete with the returns 
from corn, soybeans or other widely traded commodity crops. In 
addition, because pennycress is expected to be grown on

[[Page 15005]]

fallow land, it will not impact other commodities through land 
competition. For these reasons, EPA has determined that, unlike a crop 
such as soybeans, production of pennycress-based biofuels is not 
expected to have a significant impact on other agricultural commodity 
markets and consequently would not result in significant indirect 
impacts, including indirect land use changes.
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    \23\ USDA Economic Research Service, Commodity Costs and 
Returns. Available at: http://www.ers.usda.gov/data-products/commodity-costs-and-returns.aspx. Accessed June 12, 2014.

          Table 2--Pennycress Costs and Returns, Per Acre \20\
------------------------------------------------------------------------
                                       2022 Pennycress (1,800 lbs/acre)
------------------------------------------------------------------------
               Inputs
Seed:
    Pennycress seed (cost: $1/lb)...  $13.00 (13 lbs/ac).
Fertilizer:
    Nitrogen Fertilizer (cost: $1/    $50.00.
     lb).
    Phosphate Fertilizer (cost: $1/   $20.00.
     lb).
    Potassium Fertilizer (cost: $1/   $20.00.
     lb).
        Sub-Total...................  $103.00.
Logistics:
    Planting Trip...................  $10.00.
    Harvest & Hauling...............  $36.00.
                                     -----------------------------------
        Total Cost..................  $149.00.
Yields (lbs/acre)...................  1,800.
Price (per lb)......................  $0.15.
Total Revenue.......................  $270.00.
Returns.............................  $121.
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    \24\ Based on information from Arvens Technology, Inc., USDA, 
scientific literature, and EPA calculations.
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    Although we expect most pennycress used as a renewable fuel 
feedstock for the RFS program would be grown in the U.S. and Canada, we 
expect that pennycress grown in other countries would also not have a 
significant impact on other agricultural commodity markets and would 
therefore not result in significant indirect GHG emissions.
4. Crop Inputs
    As part of our analysis of the GHG impacts from growing pennycress, 
we compared crop inputs for pennycress to those for soybeans. Inputs 
compared include nitrogen fertilizer, phosphorus fertilizer, potassium 
fertilizer, herbicide, pesticide, diesel, and gasoline.\25\ We also 
looked at the N2O emissions from both the nitrogen 
fertilizer inputs and the crop residues associated with pennycress.
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    \25\ Diesel and gasoline are used for planting and harvesting 
pennycress. These values assume that no irrigation is needed.
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    Current literature suggests that only minimal fertilizer inputs are 
needed to grow pennycress.\26\ Information from USDA and other sources 
suggests that approximately 50 lbs per acre nitrogen fertilizer may be 
required for successful pennycress cultivation, although information 
from the petitioner indicates that no additional nitrogen fertilizer 
would be needed.\27\ Some current trials have not required the addition 
of phosphorus or potassium fertilizer since these nutrients have been 
available in the soil after corn plantings.\28\ However, it is possible 
that when pennycress is produced at a commercial scale, some amount of 
phosphorus and potassium might be added to replace the phosphorus or 
potassium that is removed from the soil. Therefore, Table 3 shows a 
range of potential input assumptions for pennycress production,\29\ 
compared to the FASOM agricultural input assumptions for soybeans, 
which were used in our assessment of soybeans for the March 2010 rule. 
From the March 2010 rule, we used soybean projected yields for 2022 of 
1,500 to 3,000 lbs of seed per acre. For pennycress, we used projected 
2022 yields of 1,800 lbs of seed per acre.
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    \26\ Moser, B.R., et al. (2009) ``Production and evaluation of 
biodiesel from field pennycress (Thlaspi arvense L.) oil.'' Energy 
and Fuels, 23:4149-4155.
    \27\ 50 lb N/acre from: Rukavina, H. et al. (2011) ``The effect 
of nitrogen rate on field pennycress seed yield and oil content.'' 
Association for the Advancement of Industrial Crops 23rd Annual 
Meeting, Fargo, ND. September 11-14, 2011. Poster. Available at: 
http://www.wiu.edu/pennycress/current-experiments/Nitrogen%202011.pdf.
    \28\ Correspondence with Win Phippin, Western Illinois 
University.
    \29\ Arvens Technology, Inc.; Correspondence with USDA. For more 
information, see ``Pennycress data and calculations--for docket'' on 
Docket EPA-HQ-OAR-2015-0091.
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    Pennycress has a higher percentage of oil per pound of seed than 
soybeans. Soybeans are approximately 18% oil by mass, therefore 
crushing one pound of soybeans yields 0.18 pounds of oil. In 
comparison, pennycress seeds can contain up to 34% oil, and mechanical 
crushing extracts approximately 28% oil.\30\ The difference in oil 
yield was taken into account when calculating the emissions per ton of 
feedstock oil included in Table 3. As shown in Table 3, GHG emissions 
associated with agricultural inputs for pennycress and soybeans are 
similar when factoring in variations in oil yields per acre and 
fertilizer, herbicide, pesticide, and petroleum use.\31\
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    \30\ Petition from Arvens Technology, Inc., June 2012. A similar 
value of 0.29 lbs oil per pound of seed is used by: Fan, J. et al. 
(2013) ``A life cycle assessment of pennycress (Thlaspi arvense 
L.)--derived jet fuel and diesel.'' Biomass and Bioenergy, 55:87-
100.
    \31\ For more details on the greenhouse gas emissions associated 
with agricultural inputs, see ``Pennycress data and calculations--
for docket'' on Docket EPA-HQ-OAR-2015-0091.

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[[Page 15006]]

[GRAPHIC] [TIFF OMITTED] TN20MR15.006

     
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    \32\ The Intergovernmental Panel on Climate Change (IPCC) 
equations for N2O emissions were updated since our 
earlier analysis of soybeans. We use the updated equations here.
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5. Potential Invasiveness
    Pennycress has naturalized in all of the continental United 
States,\33\ and is not listed on the federal noxious weed list.\34\ 
However, nine states currently have pennycress listed on a restricted 
weed list, indicating limitations on the use of the plant in those 
states.\35\ A weed risk assessment by USDA found that pennycress has a 
high risk of invasiveness, and a high probability of impacting 
production systems such as agriculture, nurseries, forest plantations, 
and orchards.\36\ However, unlike some other biofuel feedstocks 
evaluated under the RFS program for invasiveness, USDA found no 
evidence of pennycress causing impacts in natural systems or 
anthropogenic systems such as cities, suburbs, or roadways. Based on 
the potential risk to production systems, and in consultation with 
USDA, the use of pennycress as a biofuel feedstock raises concerns 
about its threat of invasiveness and whether its production could 
require remediation activities that would cause additional GHG 
emissions. Therefore, similar to EPA's actions with respect to other 
biofuel feedstocks found to present invasiveness risks, EPA anticipates 
that any petition approvals for renewable fuel pathways involving the 
use of pennycress oil as feedstock will include requirements associated 
with mitigating risks associated with invasiveness. Because pennycress 
does not pose as great an invasiveness risk as Arundo donax or 
Pennisetum purpureum, EPA believes that monitoring and reporting 
requirements similar to those for Arundo donax and Pennisetum purpureum 
would be appropriate, but does not expect to apply all of the Risk 
Management Plan (RMP) requirements that exist for those feedstocks. We 
would expect to impose monitoring and reporting requirements similar to 
40 CFR 80.1450 (b)(1)(x)(A)(1)(i), (ii), (iii), and (v) and 80.1450 
(b)(1)(x)(A)(3), (4), (5), and (7). In addition, a letter documenting 
the feedstock grower's compliance with all of the relevant federal, 
state, regional, and local requirements related to invasive species 
would be required. With these requirements in place, we would assume 
that there are no GHG emissions associated with potential invasiveness 
when pennycress is used as a biofuel feedstock. EPA is taking comment 
on the invasiveness concerns of pennycress and the appropriateness of 
the referenced requirements in mitigating those concerns.
---------------------------------------------------------------------------

    \33\ USDA Animal and Plant Health Inspection Service. ``Weed 
risk assessment for Thlaspi arvense L. (Brassicaceae)--Field 
pennycress,'' [Forthcoming].
    \34\ USDA (2014). ``Federal Noxious Weed List.'' Available at: 
http://www.aphis.usda.gov/plant_health/plant_pest_info/weeds/downloads/weedlist.pdf.
    \35\ USDA Agricultural Marketing Service (2014). ``State 
Noxious-Weed Seed Requirements Recognized in the Administration of 
the Federal Seed Act.'' Available at: http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRDC5090172. Producers interested in 
growing pennycress in these states should consult with the 
appropriate federal, state, and local authorities.
    \36\ USDA Animal and Plant Health Inspection Service. ``Weed 
risk assessment for Thlaspi arvense L. (Brassicaceae)--Field 
pennycress,'' [Forthcoming]. Traits that contributed to this result 
are that pennycress is a prolific seed producer, forms a persistent 
seed bank, can cause yield losses of field crops, and is poisonous 
to livestock.
---------------------------------------------------------------------------

6. Crushing and Oil Extraction
    EPA evaluated the seed crushing and oil extraction process and 
compared the lifecycle GHG emissions from this stage for soybean oil 
and pennycress oil. EPA assumed the processing of pennycress would be 
similar to soybeans, canola, and camelina. Because pennycress seeds 
produce more oil per pound than soybeans, the GHG emissions associated 
with crushing and oil extraction are lower for pennycress than soybeans 
per pound of feedstock oil produced.
    There is not a significant amount of industry data on energy used 
for crushing and oil extraction of pennycress. Based on data provided 
in the petition submitted, and EPA's standard emissions factors for 
electricity and natural gas, we estimate that the GHG emissions from 
crushing and oil extraction are 80 kgCO2e/ton pennycress oil. For 
comparison, in the analysis for the March 2010 final rule, the 
lifecycle GHG emissions from crushing and oil extraction were estimated 
to be 426 kgCO2e/ton soybean oil. As a conservative estimate, we 
propose to assume that the GHG emissions related to crushing and oil 
extraction are the same for pennycress as for soybeans.
    Similar to soybeans, a press cake is also produced when pennycress 
is crushed and the oil is extracted. In our modeling of soybean oil for 
the March 2010 RFS rule, the FASOM and FAPRI-CARD models included the 
use of the soy meal (sometimes referred to as press cake) co-product as 
livestock feed. In our modeling, the use of the soy meal as livestock 
feed displaced the need for other similar feed products and therefore 
impacted the relative prices and production of crop and livestock 
products. These crop and livestock impacts were reflected in the land 
use change, livestock and agricultural sector GHG emissions impacts 
estimated for biofuels produced from soybean oil. Although EPA did not 
conduct modeling to isolate the GHG impacts of the soy meal co-product, 
we believe that overall the soy meal co-product lowered the GHG 
emissions associated with soybean oil-based biofuels. Similarly, we 
believe that any use of the pennycress press cake would provide an 
additional benefit (i.e., lower GHG emissions) not reflected in our 
lifecycle GHG emissions analysis of pennycress oil. Little is known at 
this time about the possible beneficial use of pennycress press cake. 
Pennycress press

[[Page 15007]]

cake contains glucosinolates, which may be toxic to animals in large 
concentrations.\37\ However, the heat produced from crushing pennycress 
seeds may reduce the toxicity of the press cake,\38\ or pennycress 
press cake could be mixed in low amounts with other seed meal for use 
as animal feed.\39\ Alternatively, pennycress press cake could be used 
as a biofumigant.\40\ Based on our analysis of pennycress oil, which 
does not consider use of the press cake, we have found that the 
agricultural, livestock and land use change emissions associated with 
producing pennycress oil are less than or equal to the corresponding 
emissions associated with producing soybean oil. Therefore, any 
beneficial use of the pennycress press cake (e.g., as livestock feed or 
boiler fuel) would only serve to make the GHG emissions associated with 
pennycress oil even lower than the corresponding emissions for soybean 
oil.
---------------------------------------------------------------------------

    \37\ Moser, B.R. (2012) ``Biodiesel from alternative oilseed 
feedstock: camelina and field pennycress.'' Biofuels, 3:193-209.
    \38\ Fan, J. et al. (2013) ``A life cycle assessment of 
pennycress (Thlaspi arvense L.)--derived jet fuel and diesel.'' 
Biomass and Bioenergy, 55:87-100.
    \39\ Moser, B.R. (2012) ``Biodiesel from alternative oilseed 
feedstock: camelina and field pennycress.'' Biofuels, 3:193-209. It 
is important to note that all animal feed products must be approved 
by the U.S. Food and Drug Administration (FDA) before they can be 
sold in the United States. Nothing in EPA's analysis should be 
construed as an official federal government position regarding the 
approval or disapproval of pennycress press cake as an animal feed. 
Only FDA is authorized to make that determination.
    \40\ Vaughn, S.F., et al. (2005) ``Biofumigant compounds 
released by field pennycress (Thlaspi arvense) seedmeal.'' Journal 
of Chemical Ecology, 31(1):167-177.
---------------------------------------------------------------------------

B. Feedstock Distribution

    EPA's assessment, based on the following reasoning, is that GHG 
emissions from feedstock distribution will be the same for pennycress 
as such emissions for soybeans. Because pennycress contains more oil 
per pound of seed, as discussed above, the energy needed to move the 
pennycress before oil extraction would be lower than soybeans per ton 
of oil produced. To the extent that pennycress is grown on more 
disperse fallow land than soybeans and would need to be transported 
further, the energy needed to move the pennycress could be higher than 
soybeans. Therefore, we believe we may assume for purposes of GHG 
emissions assessment that the GHG emissions associated with 
transporting pennycress and soybeans to crushing facilities will be the 
same. Pennycress and soybean oils are quite similar in terms of density 
and energy content; therefore, we also assumed that the GHG emissions 
from transporting the oil from a crushing facility to a biofuel 
production facility would be the same for the two different feedstocks.

C. Summary of Agricultural Sector GHG Emissions

    Compared to soybean oil, pennycress oil has less than or equal GHG 
emissions per ton of oil from crop inputs, crushing and oil extraction, 
and direct and indirect land use change. Pennycress and soybean oils 
are also likely to have similar GHG emissions from feedstock 
distribution. Therefore, we believe that the feedstock production and 
transport portion of the lifecycle GHG emissions associated with 
pennycress are likely to be similar to or less than the GHG emissions 
for the corresponding portion of the lifecycle analysis for soybean 
oil. EPA's purpose in evaluating petitions under 40 CFR 80.1416 is not 
to prepare a precise lifecycle GHG emissions analysis of every fuel 
type, but to gather sufficient information on which to inform its 
decision of whether proposed biofuels qualify under the program in 
terms of lifecycle GHG emissions reduction. Based on our comparison of 
pennycress oil to soybean oil, EPA proposes to use, in its future 
evaluations of petitions proposing to use pennycress oil as a feedstock 
for biofuel production, an estimate of the GHG emissions associated 
with the cultivation and transport of pennycress oil that is the same 
as that which we have used for soybean oil, on a per ton of oil basis. 
Although EPA could conduct a more precise analysis, we do not believe 
it is necessary for purposes of the determinations EPA must make in 
responding to petitions. EPA solicits comment on this proposed 
approach.

D. Fuel Production and Distribution

    Pennycress oil has physical properties that are similar to soybean 
and camelina oil, and is suitable for the same conversion processes as 
these feedstocks. In addition, the fuel yield per pound of oil is 
expected to be the same for each of these feedstocks. After reviewing 
comments received in response to this Notice, we will combine our 
evaluation of agricultural sector GHG emissions associated with the use 
of pennycress oil feedstock with our evaluation of the GHG emissions 
associated with individual producers' production processes and finished 
fuels to determine whether the proposed pathways satisfy CAA lifecycle 
GHG emissions reduction requirements for RFS-qualifying renewable 
fuels. Based on our evaluation of the lifecycle GHG emissions 
attributable to the production and transport of pennycress oil 
feedstock, EPA anticipates that fuel produced from pennycress oil 
feedstock through the same transesterification or hydrotreating process 
technologies that EPA evaluated for the March 2010 RFS rule for biofuel 
derived from soybean oil and the March 2013 RFS rule for biofuel 
derived from camelina oil would qualify for biomass-based diesel (D-
code 4) RINs or advanced (D-code 5) RINs.\41\ However, EPA will 
evaluate petitions for fuel produced from pennycress oil feedstock on a 
case-by-case basis.
---------------------------------------------------------------------------

    \41\ The transesterification process that EPA evaluated for the 
March 2010 RFS rule for biofuel derived from soybean oil feedstock 
is described in section 2.4.7.3 (Biodiesel) of the Regulatory Impact 
Analysis for the March 2010 RFS rule (EPA-420-R-10-006). The 
hydrotreating process that EPA evaluated for the March 2013 rule for 
biofuel derived from camelina oil feedstock is described in section 
II.A.3.b of the March 2013 rule (78 FR 14190).
---------------------------------------------------------------------------

III. Summary

    EPA invites public comment on its analysis of GHG emissions 
associated with the production and transport of pennycress oil as a 
feedstock for biofuel production. EPA will consider public comments 
received when evaluating the lifecycle GHG emissions of biofuel 
production pathways described in petitions received pursuant to 40 CFR 
80.1416 which use pennycress oil as a feedstock.

    Dated: March 12, 2015.
Christopher Grundler,
Director, Office of Transportation and Air Quality.
[FR Doc. 2015-06444 Filed 3-19-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                  15002                           Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Notices

                                                  ENVIRONMENTAL PROTECTION                                   Instructions: Direct your comments to              Environmental Protection Agency, 1200
                                                  AGENCY                                                  Docket ID No. EPA–HQ–OAR–2015–                        Pennsylvania Avenue NW., 20460;
                                                                                                          0091. EPA’s policy is that all comments               telephone number: (202) 564–0628; fax
                                                  [EPA–HQ–OAR–2015–0091; FRL–9924–65–
                                                  OAR]
                                                                                                          received will be included in the public               number: (202) 564–1686; email address:
                                                                                                          docket without change and may be                      monger.jon@epa.gov.
                                                  Notice of Opportunity To Comment on                     made available online at                              SUPPLEMENTARY INFORMATION: This
                                                  an Analysis of the Greenhouse Gas                       www.regulations.gov, including any                    notice is organized as follows:
                                                  Emissions Attributable to Production                    personal information provided, unless                 I. Introduction
                                                  and Transport of Pennycress (Thlaspi                    the comment includes information                      II. Analysis of GHG Emissions Associated
                                                  Arvense) Oil for Use in Biofuel                         claimed to be Confidential Business                         With Use of Pennycress Oil as a Biofuel
                                                  Production                                              Information (CBI) or other information                      Feedstock
                                                                                                          whose disclosure is restricted by statute.               A. Feedstock Production, Land
                                                  AGENCY: Environmental Protection                        Do not submit information that you                          Availability, and Projected Volumes
                                                  Agency (EPA).                                           consider to be CBI or otherwise                          1. Background
                                                  ACTION: Notice.                                                                                                  2. Volume Potential
                                                                                                          protected through www.regulations.gov                    3. Indirect Impacts
                                                  SUMMARY:   In this Notice, the                          or email. The www.regulations.gov Web                    4. Crop Inputs
                                                  Environmental Protection Agency (EPA)                   site is an ‘‘anonymous access’’ system,                  5. Potential Invasiveness
                                                  is inviting comment on its analysis of                  which means EPA will not know your                       6. Crushing and Oil Extraction
                                                  the greenhouse gas (GHG) emissions                      identity or contact information unless                   B. Feedstock Distribution
                                                                                                          you provide it in the body of your                       C. Summary of Agricultural Sector GHG
                                                  attributable to the production and                                                                                  Emissions
                                                  transport of Thlaspi arvense                            comment. If you send an email
                                                                                                          comment directly to EPA without going                    D. Fuel Production and Distribution
                                                  (‘‘pennycress’’) oil feedstock for use in                                                                     III. Summary
                                                  making biofuels such as biodiesel,                      through www.regulations.gov, your
                                                  renewable diesel, and jet fuel. This                    email address will be automatically                   I. Introduction
                                                  notice explains EPA’s analysis of the                   captured and included as part of the                     As part of changes to the Renewable
                                                  production and transport components of                  comment that is placed in the public                  Fuel Standard (RFS) program
                                                  the lifecycle GHG emissions of biofuel                  docket and made available on the                      regulations published on March 26,
                                                  made from pennycress oil, and                           Internet. If you submit an electronic                 2010 1 (the ‘‘March 2010 rule’’), EPA
                                                  describes how EPA may apply this                        comment, EPA recommends that you                      specified the types of renewable fuels
                                                  analysis in the future to determine                     include your name and other contact                   eligible to participate in the RFS
                                                  whether biofuels produced from                          information in the body of your                       program through approved fuel
                                                  pennycress oil meet the necessary GHG                   comment and with any disk or CD–ROM                   pathways. Table 1 to 40 CFR 80.1426 of
                                                  reductions required for qualification as                you submit. If EPA cannot read your                   the RFS regulations lists three critical
                                                  renewable fuel under the Renewable                      comment due to technical difficulties                 components of an approved fuel
                                                  Fuel Standard program. Based on this                    and cannot contact you for clarification,             pathway: (1) Fuel type; (2) feedstock;
                                                  analysis, we anticipate that biofuels                   EPA may not be able to consider your                  and (3) production process. Fuel
                                                  produced from pennycress oil could                      comment. Electronic files should avoid                produced pursuant to each specific
                                                  qualify as biomass-based diesel or                      the use of special characters, any form               combination of the three components, or
                                                  advanced biofuel if typical fuel                        of encryption, and be free of any defects             fuel pathway, is designated in Table 1
                                                  production process technologies are                     or viruses. For additional information                to 40 CFR 80.1426 as eligible for
                                                  used.                                                   about EPA’s public docket visit the EPA               purposes of the Clean Air Act’s (CAA)
                                                                                                          Docket Center homepage at http://                     requirements for greenhouse gas (GHG)
                                                  DATES: Comments must be received on
                                                                                                          www.epa.gov/epahome/dockets.htm.                      reductions to qualify as renewable fuel
                                                  or before April 20, 2015.
                                                                                                             Docket: All documents in the docket                or one of three subsets of renewable fuel
                                                  ADDRESSES: Submit your comments,
                                                                                                          are listed in the www.regulations.gov                 (biomass-based diesel, cellulosic
                                                  identified by Docket ID No. EPA–HQ–                     index. Although listed in the index,
                                                  OAR–2015–0091, by one of the                                                                                  biofuel, or advanced biofuel). EPA may
                                                                                                          some information is not publicly                      also independently approve additional
                                                  following methods:                                      available, e.g., CBI or other information
                                                     • http://www.regulations.gov. Follow                                                                       fuel pathways not currently listed in
                                                                                                          for which disclosure is restricted by                 Table 1 to 40 CFR 80.1426 for
                                                  the on-line instructions for submitting
                                                                                                          statute. Certain other material, such as              participation in the RFS program, or a
                                                  comments.
                                                     • Email: a-and-r-docket@epa.gov,                     copyrighted material, will be publicly                third-party may petition for EPA to
                                                  Attention Air and Radiation Docket ID                   available only in hard copy. Publicly                 evaluate a new fuel pathway in
                                                  No. EPA–HQ–OAR–2015–0091.                               available docket materials are available              accordance with 40 CFR 80.1416.
                                                     • Mail: Air and Radiation Docket,                    either electronically in                                 EPA’s lifecycle analyses are used to
                                                  Docket No. EPA–HQ–OAR–2015–0091,                        www.regulations.gov or in hard copy at                assess the overall GHG impacts of a fuel
                                                  Environmental Protection Agency, Mail                   the Air and Radiation Docket, EPA/DC,                 throughout each stage of its production
                                                  code: 28221T, 1200 Pennsylvania Ave.                    EPA WJC West, Room 3334, 1301                         and use. The results of these analyses,
                                                  NW., Washington, DC 20460.                              Constitution Ave. NW., Washington,                    considering uncertainty and the weight
                                                     • Hand Delivery: EPA Docket Center,                  DC. The Public Reading Room is open                   of available evidence, are used to
                                                  EPA/DC, EPA WJC West, Room 3334,                        from 8:30 a.m. to 4:30 p.m., Monday                   determine whether a fuel meets the
                                                                                                          through Friday, excluding legal
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                                                  1301 Constitution Ave. NW.,                                                                                   necessary GHG reductions required
                                                  Washington, DC 20460, Attention Air                     holidays. The telephone number for the                under the CAA for it to be considered
                                                  and Radiation Docket, ID No. EPA–HQ–                    Public Reading Room is (202) 566–1744,                renewable fuel or one of the subsets of
                                                  OAR–2015–0091. Such deliveries are                      and the telephone number for the Air                  renewable fuel. Lifecycle analysis
                                                  only accepted during the Docket’s                       and Radiation Docket is (202) 566–1742.               includes an assessment of emissions
                                                  normal hours of operation, and special                  FOR FURTHER INFORMATION CONTACT: Jon                  related to the full fuel lifecycle,
                                                  arrangements should be made for                         Monger, Office of Transportation and
                                                  deliveries of boxed information.                        Air Quality, Mail Code: 6406J, U.S.                     1 See   75 FR 14670.



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                                                                                      Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Notices                                                       15003

                                                  including feedstock production,                             meet the required 50% lifecycle GHG                        Pennycress oil is not edible, and
                                                  feedstock transportation, fuel                              reduction threshold under the RFS for                    currently has no commercial markets,
                                                  production, fuel transportation and                         biomass-based diesel and advanced                        but it has many potential uses.
                                                  distribution, and tailpipe emissions. Per                   biofuel because the GHG emissions                        Pennycress oil has high concentrations
                                                  the CAA definition of lifecycle GHG                         performance of camelina-based fuels is                   of erucic acid,6 which could make it
                                                  emissions, EPA’s lifecycle analyses also                    at least as good as that modeled for fuels               useful for industrial purposes such as
                                                  include an assessment of significant                        made from soybean oil.                                   lubricants and textiles softeners.7 In
                                                  indirect emissions, such as indirect                           EPA believes that new agricultural                    addition, pennycress seed meal has
                                                  emissions from land use changes,                            sector modeling is not needed to                         been investigated for use as a
                                                  agricultural sector impacts, and                            evaluate the lifecycle GHG impacts of                    biofumigant.8 There is currently interest
                                                  production of co-products from biofuel                      using pennycress oil as a biofuel                        in developing pennycress for use as a
                                                  production.                                                 feedstock for purposes of making GHG                     biofuel crop because it can be grown in
                                                     Pursuant to 40 CFR 80.1416, EPA                          reduction threshold determinations for                   the winter between seasons for other
                                                  received a petition from Arvens                             the RFS program. This is in part because                 major crops such as soybeans and corn,
                                                  Technology, Inc., with contents claimed                     of the similarities of pennycress oil to                 requires little inputs, and has a high oil
                                                  as confidential business information                        soybean oil and camelina oil, and                        content.9 In addition, growing
                                                  (CBI), requesting that EPA evaluate the                     because pennycress is not expected to                    pennycress can help preserve soil
                                                  lifecycle GHG emissions for biofuels                        have significant land use change                         quality and water quality by reducing
                                                  produced using Thlaspi arvense                              impacts. Instead of performing new                       runoff and erosion.10 Because of the
                                                  (‘‘pennycress’’) oil, and that EPA                          agricultural sector modeling, EPA relied                 interest in pennycress as a biofuel crop,
                                                  provide a determination of the                              upon the soybean oil analysis                            pennycress growth and fuel production
                                                  renewable fuel categories, if any, for                      conducted for the March 2010 rule to                     are areas of active research at the United
                                                  which such biofuels may be eligible. As                     assess the relative GHG impacts of                       States Department of Agriculture
                                                  an initial step in this process, EPA has                    growing and transporting pennycress oil                  (USDA), Western Illinois University,
                                                  conducted an evaluation of the GHG                          for use as a biofuel feedstock. We have                  and in private industry.11
                                                  emissions associated with the                               looked at every component of the
                                                  production and transport of pennycress                      agricultural sector GHG emissions from                   2. Volume Potential
                                                  when it is used as a biofuel feedstock,                     pennycress oil production, including                        Based on information currently
                                                  and is seeking public comment on the                        land use change, crop inputs, crushing                   available, pennycress is expected to be
                                                  methodology and results of this                             and oil extraction, and feedstock                        primarily planted in the U.S. as a
                                                  evaluation.                                                 distribution. For each component, we                     rotation crop with corn and soybeans,12
                                                     EPA expects to consider comments                         believe that the GHG emissions are less                  on acres that would otherwise remain
                                                  received and then use the information to                    than or equal to the emissions from that                 fallow (see Table 1). Current research
                                                  evaluate petitions received pursuant to                     component of soybean oil production.                     indicates that planting pennycress in
                                                  40 CFR 80.1416 that propose to use                          Based on this analysis (described
                                                  pennycress oil as a feedstock for the                       below), we propose to evaluate the                       (Thlaspi arvense L.) oil.’’ Energy and Fuels,
                                                  production of biofuel, and that seek an                     agricultural sector GHG emissions                        23:4149–4155.
                                                                                                                                                                          6 Moser, B.R., et al. (2009) ‘‘Production and
                                                  EPA determination regarding whether                         impacts of using pennycress oil in                       evaluation of biodiesel from field pennycress
                                                  such biofuels qualify as renewable fuel                     responding to petitions received                         (Thlaspi arvense L.) oil.’’ Energy and Fuels,
                                                  under the RFS program. In evaluating                        pursuant to 40 CFR 80.1416 by                            23:4149–4155.
                                                  such petitions, EPA will consider the                       assuming that GHG emissions are                             7 USDA Economic Research Service, ‘‘Crambe,

                                                  GHG emissions associated with                               similar to those associated with the use                 industrial rapeseed, and tung provide valuable
                                                                                                                                                                       oils,’’ September 1996. Available at: http://
                                                  petitioners’ biofuel production                             of soybean oil for biofuel production.                   www.ers.usda.gov/ersDownloadHandler.ashx?file=/
                                                  processes, as well as emissions                             We invite comment on this proposed                       media/933430/ius6c_002.pdf. Accessed July 8,
                                                  associated with the transport and use of                    approach.                                                2014.
                                                  the finished biofuel, in addition to the                                                                                8 Vaughn, S.F., et al. (2005) ‘‘Biofumigant
                                                                                                              A. Feedstock Production                                  compounds released by field pennycress (Thlaspi
                                                  GHG emissions associated with the
                                                                                                                                                                       arvense) seedmeal.’’ Journal of Chemical Ecology,
                                                  production and transport of pennycress                      1. Background                                            31(1):167–177.
                                                  feedstock in determining whether                               Pennycress is an oilseed crop of the                     9 Moser, B.R., et al. (2009) ‘‘Production and

                                                  petitioners’ proposed biofuel production                    flowering mustard plant family                           evaluation of biodiesel from field pennycress
                                                  pathway satisfies CAA renewable fuel                                                                                 (Thlaspi arvense L.) oil.’’ Energy and Fuels,
                                                                                                              Brassicaceae. Pennycress is native to                    23:4149–4155.
                                                  lifecycle GHG reduction requirements.                       Eurasia and has been in North America                       10 Christiansen, J. and C. Taylor, ‘‘Cover crops

                                                  II. Analysis of GHG Emissions                               for approximately 200 years. It is                       improve soil health, help farmers weather drought.’’
                                                  Associated With Use of Pennycress Oil                       widespread throughout temperate                          USDA National Resources Conservation Service.
                                                                                                              regions, and can grow in cropland,                       Available at: http://www.nrcs.usda.gov/wps/portal/
                                                  as a Biofuel Feedstock                                                                                               nrcs/detail/national/home/
                                                                                                              fallow land, and along roadsides, among                  ?cid=STELPRDB1083051. Accessed January 26,
                                                     EPA has evaluated the lifecycle GHG                      other places.3 It is a winter annual that                2015.
                                                  impacts of using pennycress oil as a                        flowers in spring.4 The fertilized flowers                  11 Evangelista, R.L. et al. (2012) ‘‘Extraction of
                                                  biofuel feedstock, based on information                     produce seedpods, with each plant                        pennycress (Thlaspi arvense L.) seed oil by full
                                                  provided in the petition and other data                     producing up to 15,000 seeds. These                      pressing.’’ Industrial Crops and Products, 37:76–81;
                                                  gathered by EPA. For these analyses, we                                                                              Moser, B.R. et al. (2009) ‘‘Composition and physical
                                                                                                              seeds have a high oil content.5                          properties of cress (Lepidium sativum L.) and field
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                                                  used a similar approach to that used for                                                                             pennycress (Thlaspi arvense L.) oils.’’ Industrial
                                                  camelina oil in a rule published on                           3 Pennycress Resource Network, http://                 Crops and Products 30:199–205; Moser, B.R., et al.
                                                  March 5, 2013 2 (the ‘‘March 2013                           www.wiu.edu/pennycress/agronomics/. Accessed             (2009) ‘‘Production and evaluation of biodiesel from
                                                  rule’’). In that rulemaking, EPA                            February 19, 2015.                                       field pennycress (Thlaspi arvense L.) oil.’’ Energy
                                                                                                                4 Fan, J. et al. (2013) ‘‘A life cycle assessment of   and Fuels, 23:4149–4155.
                                                  determined that several renewable fuel
                                                                                                              pennycress (Thlaspi arvense L.)—derived jet fuel            12 Moser, B.R., et al. (2009) ‘‘Production and
                                                  pathways using camelina oil feedstock                       and diesel.’’ Biomass and Bioenergy, 55:87–100.          evaluation of biodiesel from field pennycress
                                                                                                                5 Moser, B.R., et al. (2009) ‘‘Production and          (Thlaspi arvense L.) oil.’’ Energy and Fuels,
                                                    2 78   FR 14190.                                          evaluation of biodiesel from field pennycress            23:4149–4155.



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                                                  15004                           Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Notices

                                                  lieu of fallowing would not decrease the                would not typically displace another                    agricultural use to increase pennycress
                                                  next soybean yield.13 Since substituting                crop, EPA does not believe new acres                    production.
                                                  fallow land with pennycress production                  would need to be brought into




                                                    Pennycress is currently cultivated on                 mid-range yield of 1,500 pounds per                     the lower yield estimate of 1,800
                                                  approximately 1,000 acres of land in the                acre and current acreage (1,000 acres),                 pounds per acre.
                                                  U.S., in Illinois, Iowa, Ohio, and                      approximately 55,000 gallons of
                                                  Indiana.14 EPA anticipates that these                                                                           3. Indirect Impacts
                                                                                                          pennycress-based biodiesel could be
                                                  states are most likely to have large scale              produced from existing pennycress                          Unlike commodity crops that are
                                                  increases in pennycress production in                   acres (assuming 0.28 pounds of                          tracked by USDA, pennycress does not
                                                  the short term, because pennycress is                   pennycress oil can be extracted from a                  have a well-established, internationally
                                                  already cultivated there. Also, these                   pound of seed, and 7.6 pounds of oil                    traded market that would be
                                                  states have high soybean acreage and                    produces 1 gallon of biodiesel).19 Yield                significantly affected by an increase in
                                                  the appropriate climate for pennycress                  improvements of pennycress are                          pennycress-based biofuels. Based on
                                                  to be cultivated as a winter crop before                expected to approach the yield growth                   information provided in the petition
                                                  soybean planting. Based on USDA data                    rates of other oilseed crops over the next              itself, from USDA, and in the scientific
                                                  on soybean acreage in 2014, pennycress                  decade, as experience with growing                      literature, returns on pennycress are
                                                  could be cultivated on 31 million acres                 pennycress improves cultivation                         expected to be approximately $120 per
                                                  in these states.15 However, industry is                 practices and the application of existing               acre, given average yields of 1,800
                                                  also considering cultivating pennycress                 technologies are more widely adopted.20                 pounds per acre and a contract price of
                                                  in other Midwest corn-belt states, and                  Assuming a yield growth rate of 2% per                  $0.15 per pound (See Table 2). For
                                                  according to their estimates, 40 million                year, starting with a yield of 1,500                    comparison purposes, the USDA
                                                  acres could be cultivated.16 Industry                   pounds per acre, yields would be 1,800                  estimates of corn and soybean returns,
                                                  projects that by 2022, approximately 2                  pounds per acre by 2022. Based on this                  including operating costs but not
                                                  million of these available acres will be                yield and the industry’s projection of 2                overhead costs such as hired labor, were
                                                  used for pennycress production.17                       million acres of pennycress in 2022,                    between $206 and $440 per acre in
                                                  Based on our calculations of the                        approximately 133 million gallons (MG)                  2013.23 Over time, advancements in
                                                  potential biodiesel production from                     of pennycress-based biodiesel could be                  seed technology, improvements in
                                                  pennycress, as described below, we do                   produced.21 If investment in new seed                   planting and harvesting techniques, and
                                                  not anticipate demand for pennycress                    technology allows yields to increase to                 changes in input usage could
                                                  oil to be greater than can be satisfied by              levels projected by industry (4,000                     significantly increase future pennycress
                                                  available fallow acres.                                 pounds per acre), significantly more                    yields and returns, but it is unlikely the
                                                    Average yields of 1,000–2,000 pounds                  pennycress-based renewable fuels could                  returns to farmers from pennycress will
                                                  of pennycress seed per acre have been                   be produced.22 For the purposes of this                 ever compete with the returns from
                                                  achieved on test plots,18 and are in line               analysis, we took a conservative                        corn, soybeans or other widely traded
                                                  with expected yields of other oilseeds                  approach in terms of lifecycle GHG                      commodity crops. In addition, because
                                                  such as canola/rapeseed. Based on a                     impacts of crop production by assuming                  pennycress is expected to be grown on
                                                    13 Phippen, W.B. et al. (2010) ‘‘Planting date,         17 Petition from Arvens Technology, Inc., June          20 Correspondence with Terry Isbell of USDA

                                                  herbicide, and soybean rotation studies with field      2012.                                                   ARS.
                                                  pennycress (Thlaspi arvense L.)’’ Association for         18 Isbell, T. and S. Chermak (2010). ‘‘Thlaspi          21 Different amounts of feedstock oil are needed
                                                  the Advancement of Industrial Crops Annual              arvense (Pennycress) germination, development and       to produce a gallon of different types of fuel
                                                  Meeting, Fort Collins, CO. September 19–22, 2010.       yield potential.’’ Advancement of Industrial Crops
                                                  Poster. Available at: http://www.wiu.edu/                                                                       (biodiesel, renewable diesel, and renewable jet
                                                                                                          Annual Meeting, Fort Collins, CO. September 19–
                                                  pennycress/current-experiments/                         22, 2010. Abstract, p. 29. Available at: http://        fuel). For simplicity, we only estimated the
                                                  Planting%20Date%202010.pdf.                             www.aaic.org/10program.htm.                             potential biodiesel production here, which requires
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                                                    14 Correspondence with Terry Isbell of USDA             19 For biodiesel produced from soybean oil, 7.6       the least amount of feedstock oil per gallon of fuel.
                                                  Agricultural Research Service (ARS).                    pounds of oil are also needed for one gallon of           22 Petition from Arvens Technology, Inc., June
                                                    15 2014 soybean acreage from USDA, National
                                                                                                          biodiesel. According to the petition, 0.28 lbs of       2012.
                                                  Agricultural Statistics Service, http://                pennycress oil can be extracted from a pound of           23 USDA Economic Research Service, Commodity
                                                  usda.mannlib.cornell.edu/MannUsda/                      seed. A similar value of 0.29 lbs oil per pound of      Costs and Returns. Available at: http://
                                                  viewDocumentInfo.do?documentID=1000.                    seed is used by: Fan, J. et al. (2013) ‘‘A life cycle
                                                    16 Arvens Technology, Inc., ‘‘About Pennycress.’’                                                             www.ers.usda.gov/data-products/commodity-costs-
                                                                                                          assessment of pennycress (Thlaspi arvense L.)—
                                                  Available at: http://arvenstech.com/about.html.         derived jet fuel and diesel.’’ Biomass and              and-returns.aspx. Accessed June 12, 2014.
                                                                                                                                                                                                                          EN20MR15.005</GPH>




                                                  Accessed February 23, 2015.                             Bioenergy, 55:87–100.



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                                                                                              Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Notices                                                                                            15005

                                                  fallow land, it will not impact other                                       production of pennycress-based biofuels                                      result in significant indirect impacts,
                                                  commodities through land competition.                                       is not expected to have a significant                                        including indirect land use changes.
                                                  For these reasons, EPA has determined                                       impact on other agricultural commodity
                                                  that, unlike a crop such as soybeans,                                       markets and consequently would not

                                                                                                          TABLE 2—PENNYCRESS COSTS AND RETURNS, PER ACRE 20
                                                                                                                                                                                                                                                   2022 Pennycress
                                                                                                                                                                                                                                                    (1,800 lbs/acre)

                                                                                                                                    Inputs
                                                  Seed:
                                                       Pennycress seed (cost: $1/lb) ..........................................................................................................................................                  $13.00 (13 lbs/ac).
                                                  Fertilizer:
                                                       Nitrogen Fertilizer (cost: $1/lb) .........................................................................................................................................               $50.00.
                                                       Phosphate Fertilizer (cost: $1/lb) .....................................................................................................................................                  $20.00.
                                                       Potassium Fertilizer (cost: $1/lb) ......................................................................................................................................                 $20.00.
                                                             Sub-Total ...................................................................................................................................................................       $103.00.
                                                  Logistics:
                                                       Planting Trip .....................................................................................................................................................................       $10.00.
                                                       Harvest & Hauling ............................................................................................................................................................            $36.00.

                                                            Total Cost ..................................................................................................................................................................        $149.00.
                                                  Yields (lbs/acre) .......................................................................................................................................................................      1,800.
                                                  Price (per lb) ............................................................................................................................................................................    $0.15.
                                                  Total Revenue .........................................................................................................................................................................        $270.00.
                                                  Returns ....................................................................................................................................................................................   $121.



                                                                                                                              grow pennycress.26 Information from                                          the March 2010 rule. From the March
                                                    Although we expect most pennycress                                        USDA and other sources suggests that                                         2010 rule, we used soybean projected
                                                  used as a renewable fuel feedstock for                                      approximately 50 lbs per acre nitrogen                                       yields for 2022 of 1,500 to 3,000 lbs of
                                                  the RFS program would be grown in the                                       fertilizer may be required for successful                                    seed per acre. For pennycress, we used
                                                  U.S. and Canada, we expect that                                             pennycress cultivation, although                                             projected 2022 yields of 1,800 lbs of
                                                  pennycress grown in other countries                                         information from the petitioner                                              seed per acre.
                                                  would also not have a significant impact                                    indicates that no additional nitrogen                                           Pennycress has a higher percentage of
                                                  on other agricultural commodity                                             fertilizer would be needed.27 Some                                           oil per pound of seed than soybeans.
                                                  markets and would therefore not result                                      current trials have not required the                                         Soybeans are approximately 18% oil by
                                                  in significant indirect GHG emissions.                                      addition of phosphorus or potassium                                          mass, therefore crushing one pound of
                                                  4. Crop Inputs                                                              fertilizer since these nutrients have been                                   soybeans yields 0.18 pounds of oil. In
                                                     As part of our analysis of the GHG                                       available in the soil after corn                                             comparison, pennycress seeds can
                                                  impacts from growing pennycress, we                                         plantings.28 However, it is possible that                                    contain up to 34% oil, and mechanical
                                                  compared crop inputs for pennycress to                                      when pennycress is produced at a                                             crushing extracts approximately 28%
                                                  those for soybeans. Inputs compared                                         commercial scale, some amount of                                             oil.30 The difference in oil yield was
                                                  include nitrogen fertilizer, phosphorus                                     phosphorus and potassium might be                                            taken into account when calculating the
                                                  fertilizer, potassium fertilizer, herbicide,                                added to replace the phosphorus or                                           emissions per ton of feedstock oil
                                                  pesticide, diesel, and gasoline.25 We                                       potassium that is removed from the soil.                                     included in Table 3. As shown in Table
                                                  also looked at the N2O emissions from                                       Therefore, Table 3 shows a range of                                          3, GHG emissions associated with
                                                  both the nitrogen fertilizer inputs and                                     potential input assumptions for                                              agricultural inputs for pennycress and
                                                  the crop residues associated with                                           pennycress production,29 compared to                                         soybeans are similar when factoring in
                                                  pennycress.                                                                 the FASOM agricultural input                                                 variations in oil yields per acre and
                                                     Current literature suggests that only                                    assumptions for soybeans, which were                                         fertilizer, herbicide, pesticide, and
                                                  minimal fertilizer inputs are needed to                                     used in our assessment of soybeans for                                       petroleum use.31




                                                     24 Based on information from Arvens Technology,                          yield and oil content.’’ Association for the                                    30 Petition from Arvens Technology, Inc., June

                                                  Inc., USDA, scientific literature, and EPA                                  Advancement of Industrial Crops 23rd Annual                                  2012. A similar value of 0.29 lbs oil per pound of
                                                  calculations.
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                                                                                                                              Meeting, Fargo, ND. September 11–14, 2011. Poster.                           seed is used by: Fan, J. et al. (2013) ‘‘A life cycle
                                                     25 Diesel and gasoline are used for planting and
                                                                                                                              Available at: http://www.wiu.edu/pennycress/                                 assessment of pennycress (Thlaspi arvense L.)—
                                                  harvesting pennycress. These values assume that no                          current-experiments/Nitrogen%202011.pdf.                                     derived jet fuel and diesel.’’ Biomass and
                                                  irrigation is needed.
                                                     26 Moser, B.R., et al. (2009) ‘‘Production and
                                                                                                                                 28 Correspondence with Win Phippin, Western                               Bioenergy, 55:87–100.
                                                  evaluation of biodiesel from field pennycress                               Illinois University.                                                            31 For more details on the greenhouse gas

                                                  (Thlaspi arvense L.) oil.’’ Energy and Fuels,                                  29 Arvens Technology, Inc.; Correspondence with                           emissions associated with agricultural inputs, see
                                                  23:4149–4155.                                                               USDA. For more information, see ‘‘Pennycress data                            ‘‘Pennycress data and calculations—for docket’’ on
                                                     27 50 lb N/acre from: Rukavina, H. et al. (2011)                         and calculations—for docket’’ on Docket EPA–HQ–                              Docket EPA–HQ–OAR–2015–0091.
                                                  ‘‘The effect of nitrogen rate on field pennycress seed                      OAR–2015–0091.



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                                                  15006                           Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Notices




                                                                                                          Therefore, similar to EPA’s actions with                There is not a significant amount of
                                                                                                          respect to other biofuel feedstocks found             industry data on energy used for
                                                  5. Potential Invasiveness
                                                                                                          to present invasiveness risks, EPA                    crushing and oil extraction of
                                                     Pennycress has naturalized in all of                 anticipates that any petition approvals               pennycress. Based on data provided in
                                                  the continental United States,33 and is                 for renewable fuel pathways involving                 the petition submitted, and EPA’s
                                                  not listed on the federal noxious weed                  the use of pennycress oil as feedstock                standard emissions factors for electricity
                                                  list.34 However, nine states currently                  will include requirements associated                  and natural gas, we estimate that the
                                                  have pennycress listed on a restricted                  with mitigating risks associated with                 GHG emissions from crushing and oil
                                                  weed list, indicating limitations on the                invasiveness. Because pennycress does                 extraction are 80 kgCO2e/ton
                                                  use of the plant in those states.35 A                   not pose as great an invasiveness risk as             pennycress oil. For comparison, in the
                                                  weed risk assessment by USDA found                      Arundo donax or Pennisetum                            analysis for the March 2010 final rule,
                                                  that pennycress has a high risk of                      purpureum, EPA believes that                          the lifecycle GHG emissions from
                                                  invasiveness, and a high probability of                 monitoring and reporting requirements                 crushing and oil extraction were
                                                  impacting production systems such as                    similar to those for Arundo donax and                 estimated to be 426 kgCO2e/ton soybean
                                                  agriculture, nurseries, forest plantations,             Pennisetum purpureum would be                         oil. As a conservative estimate, we
                                                  and orchards.36 However, unlike some                    appropriate, but does not expect to                   propose to assume that the GHG
                                                  other biofuel feedstocks evaluated under                apply all of the Risk Management Plan                 emissions related to crushing and oil
                                                  the RFS program for invasiveness,                       (RMP) requirements that exist for those               extraction are the same for pennycress
                                                  USDA found no evidence of pennycress                    feedstocks. We would expect to impose                 as for soybeans.
                                                  causing impacts in natural systems or                   monitoring and reporting requirements                   Similar to soybeans, a press cake is
                                                  anthropogenic systems such as cities,                   similar to 40 CFR 80.1450                             also produced when pennycress is
                                                  suburbs, or roadways. Based on the                      (b)(1)(x)(A)(1)(i), (ii), (iii), and (v) and          crushed and the oil is extracted. In our
                                                  potential risk to production systems,                   80.1450 (b)(1)(x)(A)(3), (4), (5), and (7).           modeling of soybean oil for the March
                                                  and in consultation with USDA, the use                  In addition, a letter documenting the                 2010 RFS rule, the FASOM and FAPRI–
                                                  of pennycress as a biofuel feedstock                    feedstock grower’s compliance with all                CARD models included the use of the
                                                  raises concerns about its threat of                     of the relevant federal, state, regional,             soy meal (sometimes referred to as press
                                                  invasiveness and whether its production                 and local requirements related to                     cake) co-product as livestock feed. In
                                                  could require remediation activities that               invasive species would be required.                   our modeling, the use of the soy meal
                                                  would cause additional GHG emissions.                   With these requirements in place, we                  as livestock feed displaced the need for
                                                     32 The Intergovernmental Panel on Climate
                                                                                                          would assume that there are no GHG                    other similar feed products and
                                                  Change (IPCC) equations for N2O emissions were          emissions associated with potential                   therefore impacted the relative prices
                                                  updated since our earlier analysis of soybeans. We      invasiveness when pennycress is used                  and production of crop and livestock
                                                  use the updated equations here.                         as a biofuel feedstock. EPA is taking                 products. These crop and livestock
                                                     33 USDA Animal and Plant Health Inspection

                                                  Service. ‘‘Weed risk assessment for Thlaspi arvense
                                                                                                          comment on the invasiveness concerns                  impacts were reflected in the land use
                                                  L. (Brassicaceae)—Field pennycress,’’                   of pennycress and the appropriateness                 change, livestock and agricultural sector
                                                  [Forthcoming].                                          of the referenced requirements in                     GHG emissions impacts estimated for
                                                     34 USDA (2014). ‘‘Federal Noxious Weed List.’’
                                                                                                          mitigating those concerns.                            biofuels produced from soybean oil.
                                                  Available at: http://www.aphis.usda.gov/plant_
                                                  health/plant_pest_info/weeds/downloads/                 6. Crushing and Oil Extraction                        Although EPA did not conduct
                                                  weedlist.pdf.                                                                                                 modeling to isolate the GHG impacts of
                                                     35 USDA Agricultural Marketing Service (2014).          EPA evaluated the seed crushing and                the soy meal co-product, we believe that
                                                  ‘‘State Noxious-Weed Seed Requirements                  oil extraction process and compared the               overall the soy meal co-product lowered
                                                  Recognized in the Administration of the Federal
                                                  Seed Act.’’ Available at: http://www.ams.usda.gov/      lifecycle GHG emissions from this stage               the GHG emissions associated with
                                                  AMSv1.0/getfile?dDocName=STELPRDC5090172.               for soybean oil and pennycress oil. EPA               soybean oil-based biofuels. Similarly,
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                                                  Producers interested in growing pennycress in these     assumed the processing of pennycress                  we believe that any use of the
                                                  states should consult with the appropriate federal,     would be similar to soybeans, canola,                 pennycress press cake would provide an
                                                  state, and local authorities.
                                                     36 USDA Animal and Plant Health Inspection           and camelina. Because pennycress seeds                additional benefit (i.e., lower GHG
                                                  Service. ‘‘Weed risk assessment for Thlaspi arvense     produce more oil per pound than                       emissions) not reflected in our lifecycle
                                                  L. (Brassicaceae)—Field pennycress,’’                   soybeans, the GHG emissions associated                GHG emissions analysis of pennycress
                                                  [Forthcoming]. Traits that contributed to this result   with crushing and oil extraction are                  oil. Little is known at this time about
                                                  are that pennycress is a prolific seed producer,
                                                  forms a persistent seed bank, can cause yield losses    lower for pennycress than soybeans per                the possible beneficial use of
                                                                                                                                                                                                             EN20MR15.006</GPH>




                                                  of field crops, and is poisonous to livestock.          pound of feedstock oil produced.                      pennycress press cake. Pennycress press


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                                                                                    Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Notices                                                   15007

                                                  cake contains glucosinolates, which                       transporting the oil from a crushing                 and transport of pennycress oil
                                                  may be toxic to animals in large                          facility to a biofuel production facility            feedstock, EPA anticipates that fuel
                                                  concentrations.37 However, the heat                       would be the same for the two different              produced from pennycress oil feedstock
                                                  produced from crushing pennycress                         feedstocks.                                          through the same transesterification or
                                                  seeds may reduce the toxicity of the                                                                           hydrotreating process technologies that
                                                                                                            C. Summary of Agricultural Sector GHG
                                                  press cake,38 or pennycress press cake                                                                         EPA evaluated for the March 2010 RFS
                                                                                                            Emissions
                                                  could be mixed in low amounts with                                                                             rule for biofuel derived from soybean oil
                                                  other seed meal for use as animal feed.39                    Compared to soybean oil, pennycress               and the March 2013 RFS rule for biofuel
                                                  Alternatively, pennycress press cake                      oil has less than or equal GHG                       derived from camelina oil would qualify
                                                  could be used as a biofumigant.40 Based                   emissions per ton of oil from crop                   for biomass-based diesel (D-code 4)
                                                  on our analysis of pennycress oil, which                  inputs, crushing and oil extraction, and             RINs or advanced (D-code 5) RINs.41
                                                  does not consider use of the press cake,                  direct and indirect land use change.                 However, EPA will evaluate petitions
                                                  we have found that the agricultural,                      Pennycress and soybean oils are also                 for fuel produced from pennycress oil
                                                  livestock and land use change emissions                   likely to have similar GHG emissions                 feedstock on a case-by-case basis.
                                                  associated with producing pennycress                      from feedstock distribution. Therefore,
                                                  oil are less than or equal to the                         we believe that the feedstock production             III. Summary
                                                  corresponding emissions associated                        and transport portion of the lifecycle                  EPA invites public comment on its
                                                  with producing soybean oil. Therefore,                    GHG emissions associated with                        analysis of GHG emissions associated
                                                  any beneficial use of the pennycress                      pennycress are likely to be similar to or            with the production and transport of
                                                  press cake (e.g., as livestock feed or                    less than the GHG emissions for the                  pennycress oil as a feedstock for biofuel
                                                  boiler fuel) would only serve to make                     corresponding portion of the lifecycle               production. EPA will consider public
                                                  the GHG emissions associated with                         analysis for soybean oil. EPA’s purpose              comments received when evaluating the
                                                  pennycress oil even lower than the                        in evaluating petitions under 40 CFR                 lifecycle GHG emissions of biofuel
                                                  corresponding emissions for soybean                       80.1416 is not to prepare a precise                  production pathways described in
                                                  oil.                                                      lifecycle GHG emissions analysis of                  petitions received pursuant to 40 CFR
                                                                                                            every fuel type, but to gather sufficient            80.1416 which use pennycress oil as a
                                                  B. Feedstock Distribution                                 information on which to inform its                   feedstock.
                                                    EPA’s assessment, based on the                          decision of whether proposed biofuels
                                                  following reasoning, is that GHG                          qualify under the program in terms of                  Dated: March 12, 2015.
                                                  emissions from feedstock distribution                     lifecycle GHG emissions reduction.                   Christopher Grundler,
                                                  will be the same for pennycress as such                   Based on our comparison of pennycress                Director, Office of Transportation and Air
                                                  emissions for soybeans. Because                           oil to soybean oil, EPA proposes to use,             Quality.
                                                  pennycress contains more oil per pound                    in its future evaluations of petitions               [FR Doc. 2015–06444 Filed 3–19–15; 8:45 am]
                                                  of seed, as discussed above, the energy                   proposing to use pennycress oil as a                 BILLING CODE 6560–50–P
                                                  needed to move the pennycress before                      feedstock for biofuel production, an
                                                  oil extraction would be lower than                        estimate of the GHG emissions
                                                  soybeans per ton of oil produced. To the                  associated with the cultivation and                  FARM CREDIT SYSTEM INSURANCE
                                                  extent that pennycress is grown on more                   transport of pennycress oil that is the              CORPORATION
                                                  disperse fallow land than soybeans and                    same as that which we have used for
                                                  would need to be transported further,                     soybean oil, on a per ton of oil basis.              Regular Meeting
                                                  the energy needed to move the                             Although EPA could conduct a more
                                                  pennycress could be higher than                           precise analysis, we do not believe it is            AGENCY:  Farm Credit System Insurance
                                                  soybeans. Therefore, we believe we may                    necessary for purposes of the                        Corporation Board; Farm Credit System
                                                  assume for purposes of GHG emissions                      determinations EPA must make in                      Insurance Corporation Board.
                                                  assessment that the GHG emissions                         responding to petitions. EPA solicits                SUMMARY: Notice is hereby given of the
                                                  associated with transporting pennycress                   comment on this proposed approach.                   regular meeting of the Farm Credit
                                                  and soybeans to crushing facilities will                                                                       System Insurance Corporation Board
                                                                                                            D. Fuel Production and Distribution
                                                  be the same. Pennycress and soybean                                                                            (Board).
                                                  oils are quite similar in terms of density                  Pennycress oil has physical properties
                                                                                                                                                                 DATE AND TIME:  The meeting of the Board
                                                  and energy content; therefore, we also                    that are similar to soybean and camelina
                                                                                                                                                                 will be held at the offices of the Farm
                                                  assumed that the GHG emissions from                       oil, and is suitable for the same
                                                                                                                                                                 Credit Administration in McLean,
                                                                                                            conversion processes as these
                                                                                                                                                                 Virginia, on March 26, 2015, from 9:00
                                                    37 Moser, B.R. (2012) ‘‘Biodiesel from alternative      feedstocks. In addition, the fuel yield
                                                  oilseed feedstock: camelina and field pennycress.’’                                                            a.m. until such time as the Board
                                                                                                            per pound of oil is expected to be the
                                                  Biofuels, 3:193–209.                                                                                           concludes its business.
                                                    38 Fan, J. et al. (2013) ‘‘A life cycle assessment of
                                                                                                            same for each of these feedstocks. After
                                                                                                            reviewing comments received in                       FOR FURTHER INFORMATION CONTACT: Dale
                                                  pennycress (Thlaspi arvense L.)—derived jet fuel
                                                  and diesel.’’ Biomass and Bioenergy, 55:87–100.           response to this Notice, we will                     L. Aultman, Secretary to the Farm
                                                    39 Moser, B.R. (2012) ‘‘Biodiesel from alternative
                                                                                                            combine our evaluation of agricultural               Credit System Insurance Corporation
                                                  oilseed feedstock: camelina and field pennycress.’’       sector GHG emissions associated with                 Board, (703) 883–4009, TTY (703) 883–
                                                  Biofuels, 3:193–209. It is important to note that all                                                          4056.
                                                  animal feed products must be approved by the U.S.         the use of pennycress oil feedstock with
                                                  Food and Drug Administration (FDA) before they            our evaluation of the GHG emissions
                                                                                                                                                                   41 The transesterification process that EPA
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                                                  can be sold in the United States. Nothing in EPA’s        associated with individual producers’
                                                  analysis should be construed as an official federal                                                            evaluated for the March 2010 RFS rule for biofuel
                                                  government position regarding the approval or
                                                                                                            production processes and finished fuels              derived from soybean oil feedstock is described in
                                                  disapproval of pennycress press cake as an animal         to determine whether the proposed                    section 2.4.7.3 (Biodiesel) of the Regulatory Impact
                                                  feed. Only FDA is authorized to make that                 pathways satisfy CAA lifecycle GHG                   Analysis for the March 2010 RFS rule (EPA–420–
                                                  determination.                                            emissions reduction requirements for                 R–10–006). The hydrotreating process that EPA
                                                    40 Vaughn, S.F., et al. (2005) ‘‘Biofumigant                                                                 evaluated for the March 2013 rule for biofuel
                                                  compounds released by field pennycress (Thlaspi
                                                                                                            RFS-qualifying renewable fuels. Based                derived from camelina oil feedstock is described in
                                                  arvense) seedmeal.’’ Journal of Chemical Ecology,         on our evaluation of the lifecycle GHG               section II.A.3.b of the March 2013 rule (78 FR
                                                  31(1):167–177.                                            emissions attributable to the production             14190).



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Document Created: 2015-12-18 11:34:22
Document Modified: 2015-12-18 11:34:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesComments must be received on or before April 20, 2015.
ContactJon Monger, Office of Transportation and Air Quality, Mail Code: 6406J, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW., 20460; telephone number: (202)
FR Citation80 FR 15002 

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