80_FR_41167 80 FR 41033 - Notice of Opportunity To Comment on an Analysis of the Greenhouse Gas Emissions Attributable to Production and Transport of Cotton (Gossypium spp.) Seed Oil for Use in Biofuel Production

80 FR 41033 - Notice of Opportunity To Comment on an Analysis of the Greenhouse Gas Emissions Attributable to Production and Transport of Cotton (Gossypium spp.) Seed Oil for Use in Biofuel Production

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 134 (July 14, 2015)

Page Range41033-41040
FR Document2015-17262

The Environmental Protection Agency (EPA) is inviting comment on its analysis of the greenhouse gas (GHG) emissions attributable to the production and transport of Gossypium spp. seed oil (``cottonseed oil'') feedstock for use in making biofuels such as biodiesel, renewable diesel, and jet fuel. This document explains EPA's analysis of the feedstock production and transport-related components of the lifecycle GHG emissions of biofuel made from cottonseed oil, including both direct and indirect agricultural and forestry sector emissions. This notice also describes how EPA may apply this analysis in the future to determine whether biofuels produced from cottonseed 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 cottonseed oil could qualify as biomass-based diesel or advanced biofuel if typical fuel production process technologies are used.

Federal Register, Volume 80 Issue 134 (Tuesday, July 14, 2015)
[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Notices]
[Pages 41033-41040]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17262]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2015-0092; FRL-9930-50-OAR]


Notice of Opportunity To Comment on an Analysis of the Greenhouse 
Gas Emissions Attributable to Production and Transport of Cotton 
(Gossypium spp.) Seed Oil for Use in Biofuel Production

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is inviting comment 
on its analysis of the greenhouse gas (GHG) emissions attributable to 
the production and transport of Gossypium spp. seed oil (``cottonseed 
oil'') feedstock for use in making biofuels such as biodiesel, 
renewable diesel, and jet fuel. This document explains EPA's analysis 
of the feedstock production and transport-related components of the 
lifecycle GHG emissions of biofuel made from cottonseed oil, including 
both direct and indirect agricultural and forestry sector emissions. 
This notice also describes how EPA may apply this analysis in the 
future to determine whether biofuels produced from cottonseed 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 cottonseed 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 August 13, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2015-0092, 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-2015-0092.
     Mail: Air and Radiation Docket, Docket No. EPA-HQ-OAR-
2015-0092, Environmental Protection Agency, Mail

[[Page 41034]]

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-2015-0092. 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-
2015-0092. 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: Christopher Ramig, Office of 
Transportation and Air Quality, Mail Code: 6401A, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Avenue NW., 20460; telephone 
number: (202) 564-1372; fax number: (202) 564-1177; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 
    This document is organized as follows:

I. Introduction
II. Analysis of GHG Emissions Associated With Use of Cottonseed Oil 
as a Biofuel Feedstock
    A. Feedstock Description, Production, and Distribution
    1. Production of Cottonseed Oil-Based Biofuels
    2. Cottonseed Oil Production Economics
    3. Replacement of Cottonseed Oil in Vegetable Oil Markets
    4. Upstream GHG Implications of Cottonseed Oil Use as a Biofuel 
Feedstock
    B. Summary of Agricultural Sector GHG Emissions
    C. 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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    Pursuant to 40 CFR 80.1416, EPA received a petition from the 
National Cottonseed Products Association (NCPA), requesting that EPA 
evaluate the lifecycle GHG emissions for biofuels produced using 
Gossypium spp. seed oil (``cottonseed oil''), and that EPA provide a 
determination of the renewable fuel categories, if any, for which such 
biofuels may be eligible. 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, including feedstock production, 
feedstock transportation, fuel production, fuel transportation, fuel 
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.
    In this document, we are describing EPA's evaluation of the GHG 
emissions associated with the feedstock production and feedstock 
transport stages of the lifecycle analysis of cottonseed oil when it is 
used to produce a biofuel, including the indirect agricultural and 
forestry sector impacts. We are seeking public comment on the 
methodology and results of this evaluation. For reasons described in 
Section II below, we believe that, as a conservative estimate, it is 
reasonable to apply the GHG emissions estimates we established in the 
March 2010 rule for the production and transport of soybean oil to 
cottonseed oil.
    If appropriate, EPA will update its evaluation of the feedstock 
production and transport phases of the lifecycle analysis for 
cottonseed oil based on comments received in response to this action. 
EPA will then use this feedstock production and transport information 
to evaluate facility-specific petitions, received pursuant to 40 CFR 
80.1416, that propose to use cottonseed oil as a feedstock for the 
production of biofuel. In evaluating such petitions, EPA will consider 
the GHG emissions associated with the production and transport of 
cottonseed oil feedstock as described in this document, including the 
potential

[[Page 41035]]

indirect impacts. In addition, EPA will determine--based on information 
in the petition and other relevant information, including the 
petitioner's energy and mass balance data--the GHG emissions associated 
with petitioners' biofuel production processes, as well as emissions 
associated with the transport and use of the finished biofuel. We will 
then combine our assessments into a full lifecycle GHG analysis and 
determine whether the fuel produced at an individual facility satisfies 
CAA renewable fuel GHG reduction requirements.

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

    EPA has evaluated the production and transport portion of the 
lifecycle GHG impacts of using cottonseed oil as a biofuel feedstock, 
based on information provided in the petition and other data gathered 
by EPA. Based on this evaluation, EPA believes that new agricultural 
sector modeling is not needed to evaluate this portion of the lifecycle 
GHG impacts of using cottonseed oil as a biofuel feedstock. As 
explained below, our analysis makes the conservative assumption that 
cottonseed oil diverted from the vegetable oil markets for food and 
industrial use to biofuel production will be replaced with soybean oil 
rather than result in additional production of cottonseed oil or any 
other vegetable oil. Therefore, in this analysis, we are applying the 
same agricultural sector impacts for soybean oil to cottonseed oil on a 
per-pound-of-feedstock basis. Based on this analysis (described below), 
we propose to evaluate the agricultural sector GHG emissions impacts of 
using cottonseed 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 Description, Production, and Distribution

1. Production of Cottonseed Oil-Based Biofuels
    Cottonseed oil is the fourth most produced vegetable oil in the 
U.S., after soybean oil, corn oil, and canola oil respectively. It is 
the seventh most consumed vegetable oil in the U.S., behind soybean 
oil, canola oil, palm oil, corn oil, coconut oil, and olive oil 
respectively. It accounts for about 2.5-4 percent of U.S. production 
and about 1.5-2.5 percent of U.S. consumption of vegetable oil.\2\ 
Internationally, cottonseed oil is the sixth most produced and consumed 
vegetable oil, representing about 3-3.5 percent of global production 
and consumption.\3\ Over the last decade, annual U.S. cottonseed oil 
production has averaged just under 800 million pounds.\4\ If this 
entire supply were used for biodiesel and/or renewable diesel 
production, which is highly unlikely for reasons discussed below, it 
would generate approximately 100 million gallons of fuel. Since U.S. 
biodiesel and renewable diesel production was approximately 1.5 billion 
gallons in 2014, the potential contribution of cottonseed oil is 
relatively small in comparison to the overall biodiesel and renewable 
diesel market.
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    \2\ United States Department of Agriculture, ``National Oil 
Crops Yearbook 2014'', available at: http://www.ers.usda.gov/data-products/oil-crops-yearbook.aspx (Last Accessed: January 14th, 
2015). United Nations Food and Agriculture Organization, 
``FAOSTAT'', available at: http://faostat.fao.org/ (Last Accessed: 
January 29th, 2015).
    \3\ Ibid.
    \4\ Ibid.
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    Cottonseed oil is preferred for a number of specialty uses by 
certain producers, including the frying of potato chips and the 
preservation of smoked shellfish. According to industry experts in 
government and the private sector consulted by EPA, many producers 
strongly prefer cottonseed oil over its alternatives, believing that 
the type of oil used for these products has a very significant impact 
on the quality of the product itself. Market experts also noted to EPA 
that these producers have historically been willing to pay a 
significant premium to maintain their supply of cottonseed oil when 
supplies become limited.\5\
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    \5\ Based on conversations with Michael Dowd of the USDA 
Agricultural Research Service on December 30th, 2014 and June 17th, 
2015.
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    This behavior is supported by available historical data. Figure 
II.A.1-1 below illustrates one of multiple examples from recent 
history. In the 2012/13 crop year, cottonseed oil production was near 
the ten-year average.\6\ However, in the 2013/14 crop year, cottonseed 
oil production was down significantly, about 20 percent below the ten-
year average.\7\ Conversely, these two crop years were both good for 
soybean oil, with production levels just above the ten-year average.\8\ 
In 2012/13, when both oilseeds produced around their recent averages, 
the peak monthly price spread between soybean oil and cottonseed oil 
was about 3 cents per pound.\9\ However, in 2013/14 when cottonseed oil 
supply was heavily constrained, the monthly average price spread grew 
to as much as 43.5 cents per pound.\10\
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    \6\ In the USDA data considered here, crop years begin in 
October of the first year listed and end in September of the second 
year listed.
    \7\ U.S. cottonseed oil production has averaged about 800 
million pounds since the 2003/04 crop year. According to the USDA 
Oil Crops Yearbook 2014, production in 2012/13 was also about 800 
million pounds and production in 2013/14 was approximately 630 
million pounds.
    \8\ U.S. soybean oil production has averaged about 19.5 billion 
pounds since the 2003/04 crop year. According to the USDA Oil Crops 
Yearbook 2014, production in 2012/13 was about 19.8 billion pounds 
and production in 2013/14 was approximately 19.7 billion pounds.
    \9\ This occurred in December 2012, when, according to USDA 
data, soybean oil averaged 47.16 cents per pound and cottonseed oil 
averaged 49.05 cents per pound.
    \10\ This occurred in May of 2014, when, according to USDA data, 
soybean oil averaged 40.68 cents per pound and cottonseed oil 
averaged 84.25 cents per pound.

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[[Page 41036]]

[GRAPHIC] [TIFF OMITTED] TN14JY15.011

    As Figure II.A.1-1 illustrates, cottonseed oil can approach price 
parity with soybean oil at times of average or above-average supply of 
cottonseed oil. However, the price trend shown above for 2013 should 
not be taken as representative of the full historical record. 
Cottonseed oil does not often achieve actual price parity with soybean 
oil. According to historical monthly price data from the U.S. 
Department of Agriculture (USDA), the national average monthly price 
for cottonseed oil was approximately equal to or below that of soybean 
oil in only 23 of the last 180 months (15 years).\12\ Even in the 
middle months of 2013, when soybean oil and cottonseed oil prices 
appear to converge in Figure II.A.1-1, cottonseed oil actually 
maintained a small premium over soybean oil, though in a few months of 
2013 this premium was less than a cent per pound. In only one month out 
of the last fifteen years, September 2004, was the monthly average 
price of cottonseed oil more than one cent per pound cheaper than that 
of soybean oil. For the majority of the recent historical record, 
cottonseed oil has maintained a significant price premium over soybean 
oil, averaging approximately 7 cents per pound over the last 15 years.
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    \11\ United States Department of Agriculture, ``National Oil 
Crops Yearbook 2014'', available at: http://www.ers.usda.gov/data-products/oil-crops-yearbook.aspx (Last Accessed: January 14th, 
2015).
    \12\ USDA Agricultural Marketing Service, ``Monthly Feedstuff 
Prices and Milling and Baking News'', multiple editions. In this 
example, by ``approximately equal'' we mean that there was less than 
a 1 cent difference between the prices of cottonseed oil and soybean 
oil.
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    Based on information from USDA vegetable oil market experts, demand 
for cottonseed oil for specialty uses like those cited above is 
extremely inelastic, meaning that demand for this volume of cottonseed 
oil would not be significantly impacted by an increase in the price of 
cottonseed oil.\13\ It is therefore highly unlikely that biofuel 
producers could bid cottonseed oil away from such specialty uses. This 
inelasticity of demand dramatically shrinks the potential amount of 
cottonseed oil that might be utilized for biofuel production and the 
potential impact that approving a pathway for cottonseed oil might have 
on vegetable oil markets. The data suggest that, in most years, 
cottonseed oil would not be price competitive with soybean oil for 
biofuel feedstock use in most locations. This suggests that cottonseed 
oil is unlikely to be used for biofuel production except in years where 
cottonseed oil prices are significantly lower than normal relative to 
soybean oil. Even then, as discussed below, cottonseed oil is likely to 
be used as a feedstock predominantly by biofuel production facilities 
located near cottonseed crushing facilities.
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    \13\ Based on conversations with Michael Dowd of the USDA 
Agricultural Research Service on December 30th, 2014 and June 17th, 
2015.
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    Conversely, the data also suggest that in some circumstances, 
cottonseed oil may achieve approximate price parity with soybean oil. 
This trend in pricing indicates cottonseed oil could compete on price 
with soybean oil as biofuel feedstock in times of abundant supply, or 
possibly in a year with low soybean oil production but normal 
cottonseed oil production, both of which might be expected to narrow 
the normal price gap. This trend also indicates that, when cottonseed 
oil prices are relatively low, the U.S. market values cottonseed oil at 
about the same price as soybean oil, rather than cheaper alternatives 
like palm oil or waste oils and greases or more expensive alternatives 
like sunflower seed oil. In other words, the historical pricing data 
available indicates that the primary competitor of cottonseed oil under 
these circumstances is soybean oil, since the prices converge, or at 
least nearly converge, under such circumstances.
    Based on consultation with USDA and private sector vegetable oil 
industry experts and given the historical data presented above, we 
believe that the actual potential for biodiesel and non-ester renewable 
diesel production from cottonseed oil is considerably smaller than the 
100 million gallons noted above.\14\ Based on a conversation with NCPA 
we believe that the actual potential is more likely in the range of 20 
million gallons of biodiesel per year (representing roughly 150-160 
million pounds of cottonseed oil), and could be considerably smaller 
than that

[[Page 41037]]

depending on market conditions.\15\ As noted above, this is largely due 
to the inelastic nature of cottonseed oil demand for specialty uses, 
which have demonstrated their willingness to pay prices for cottonseed 
oil that would be prohibitive to biofuel producers when forced to 
compete for limited supplies of cottonseed oil. Except in years with 
high levels of cottonseed oil production or uncharacteristically low 
demand from specialty users (for example, if potato chip production 
were to be unusually low in a particular year), we do not expect that 
there will be significant quantities of cottonseed oil available at 
prices that biodiesel producers would consider competitive. As a 
result, were EPA to approve pathways for cottonseed oil-based fuels and 
begin registering producers, we would not expect it to have a 
significant impact on U.S. biofuel production or U.S. vegetable oil 
production, consumption, and trade patterns.
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    \14\ Based on conversations with Michael Dowd of the USDA 
Agricultural Research Service on December 30th, 2014 and June 17th, 
2015; based also on memo from NCPA [EPA-HQ-OAR-2015-0092-0001; EPA-
HQ-OAR-2015-0092-0002].
    \15\ Based on memo from NCPA [EPA-HQ-OAR-2015-0092-0001; EPA-HQ-
OAR-2015-0092-0002].
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2. Cottonseed Oil Production Economics
    The methods of producing cottonseed oil are nearly identical to 
those of other vegetable seed oils. The seeds are crushed, oil and meal 
are separated, and the two products are sold separately into the 
vegetable oil and animal feed markets respectively. However, the 
production of the cotton oilseed is unique among major oilseeds because 
the seed itself is not a primary crop product. Rather, it is generally 
considered a byproduct of the production of cotton lint for fiber. 
Fiber production is the primary purpose of cotton farming, representing 
approximately 85 percent of the value of the average U.S. acre of 
cotton, and it drives the decisions of farmers regarding whether to 
plant cotton and what types of farming practices to utilize.\16\ The 
cotton seed and its products represent the remaining approximately 15 
percent of average value per acre. Conversely, for soybeans and other 
major oilseeds, the seed itself comprises nearly 100 percent of the 
value per acre.
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    \16\ According to the USDA NASS database, cotton lint has 
represented about 85 percent of revenue per acre fairly consistently 
since at least the year 1980. (Source: United States Department of 
Agriculture, ``National Agricultural Statistical Service Database'', 
available at: http://quickstats.nass.usda.gov/ [Last Accessed: 
January 14th, 2015]).
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    While cottonseed does have value and provides farmers with a 
secondary revenue stream, most cotton farmers consider it to be a 
byproduct of producing cotton lint. The efforts of cotton breeders over 
a long time period to maximize lint yields relative to seed yields, 
demonstrated by yield trends in cottonseed and cotton lint, support 
this hypothesis. Since 1985, the U.S. average cottonseed yield per bale 
of cotton lint produced has declined from nearly 800 pounds per bale to 
less than 700 pounds per bale (See Figure II.A.2-1 below).
[GRAPHIC] [TIFF OMITTED] TN14JY15.012

    Conversely, over that same period, the U.S. average cotton lint 
yield has increased from 630 pounds per acre harvested to over 800 
pounds per acre harvested.
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    \17\ United States Department of Agriculture, ``National 
Agricultural Statistical Service Database'', available at: http://quickstats.nass.usda.gov/ (Last Accessed: January 14th, 2015).

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[[Page 41038]]

[GRAPHIC] [TIFF OMITTED] TN14JY15.013

    The secondary nature of cottonseed production for cotton farmers 
has significant implications for our study of the impacts of cottonseed 
oil production for use in making biofuels. In a given year, weather 
conditions may reduce lint yields and force farmers to rely more on 
seed revenue. But when making decisions about what to plant, when to 
plant, and what types and quantities of crop inputs to utilize, lint 
yields are the first priority of cotton farmers. Further, the fact that 
cottonseed oil will only be competitive as a biofuel feedstock under 
certain relatively uncommon and unpredictable circumstances makes it 
even more unlikely that establishing pathways for cottonseed oil-based 
fuels under the RFS would have any impact on planting decisions. While 
farmers will seek to maximize the price they receive for cottonseed, it 
is highly unlikely that an increase in cottonseed value would have any 
significant impact on the behavior of cotton farmers.
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    \18\ United States Department of Agriculture, ``National 
Agricultural Statistical Service Database'', available at: http://quickstats.nass.usda.gov/ (Last Accessed: June 2nd, 2015).
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    Because changes in cottonseed oil prices are unlikely to affect 
overall cotton production decisions, it is highly unlikely that the use 
of cottonseed oil as a biofuel feedstock will significantly affect 
cottonseed production or the supply of cottonseed oil in the U.S. 
vegetable oil markets. Imports of cottonseed oil are approximately 
zero. We do not expect demand for cottonseed oil as biofuel feedstock 
to change this, since the costs of creating and operating new trade 
routes would make cottonseed oil uncompetitive with alternative oil 
feedstocks, especially soybean oil. Instead, we expect that, in the 
rare instances when cottonseed oil prices approach parity with soybean 
oil prices, biofuel producers might utilize some quantity of cottonseed 
oil. Since, in most previous historical instances of this near price 
parity, cottonseed oil is still somewhat more expensive than soybean 
oil, we would expect to only see this behavior amongst biofuel 
producers with renewable fuel production facilities near cottonseed 
crushing locations, since this oil could be sourced with minimal 
transport costs. If some quantity of cottonseed oil is diverted from 
the vegetable oil markets to the biofuel market, any unfilled demand 
for vegetable oil will most likely be met with increased consumption of 
other vegetable oils, for the reasons outlined in the next section.
3. Replacement of Cottonseed Oil in Vegetable Oil Markets
    As noted in Section II.A.1 above, cottonseed oil demand in the U.S. 
tends to be inelastic until the needs of specialty consumers are fully 
met, and the amount of cottonseed oil that could be bid away from such 
users for biofuel production is likely small until that threshold is 
reached. Whether or not any of this remaining cottonseed oil will 
actually be used for biofuel production will depend on the price of 
cottonseed oil relative to soybean oil at that time.
    In the event that cottonseed oil is used as a biofuel feedstock, 
the small volume likely to be available in any given region makes it 
highly unlikely that cottonseed oil could meet the total feedstock 
needs of a biofuel production facility. Rather, we expect that U.S. 
biofuel producers who are already utilizing vegetable oil feedstocks 
and are located near cottonseed crushing facilities will have the 
option to include some amount of cottonseed oil in their mix of 
feedstocks when the price is right.
    There are two likely ways that biofuel producers may include some 
amount of cottonseed oil in their feedstock mix. First, biofuel 
producers may at times substitute cottonseed oil for some amount of 
soybean oil and produce the same volume of fuel as before. Second, they 
may at times use low-priced cottonseed oil to increase their total 
volume of fuel production. While the market response is likely to be 
some combination of both scenarios, for this analysis we have assumed 
the more conservative scenario from a lifecycle

[[Page 41039]]

GHG perspective. This second scenario is more conservative because in 
the first scenario the displaced soybean oil could backfill in other 
vegetable oil markets for the cottonseed oil consumed for biofuel 
production and total vegetable oil production is unlikely to change. In 
the second scenario, where total biofuel production increases, 
cottonseed oil is being diverted away from some other use, creating a 
shortfall in vegetable oil supplies for some portion of the market. 
Either prices for vegetable oil will rise (in which case it is less 
likely that biofuel producers would still consume the cottonseed oil, 
since they were only purchasing it because of the low price) or 
additional vegetable oil will need to be supplied. In either case, the 
GHG emissions will be greater in the second scenario, where there is an 
incentive to expand crop production. If the results of analyzing the 
conservative scenario associated with greater GHG emissions indicates 
that biofuels produced from cottonseed oil satisfy the 50 percent 
lifecycle GHG emissions reduction requirement for biomass-based diesel 
and advanced biofuels, we can conclude that the threshold determination 
would be the same under the less conservative but more likely scenario.
    If the use of cottonseed oil for biofuel does create an increase in 
total demand for vegetable oil, we believe the direct result will be a 
corresponding increase in soybean oil consumption in the United States. 
As we established above, cotton farmers are unlikely to respond to 
increased demand for cottonseed oil. Instead, we are likely to see an 
increase in production of the vegetable oil most competitive with the 
cottonseed oil being diverted to biofuel feedstock use. Based on 
consultation with oilseed market experts at USDA and recent historical 
data (see Section II.A.1), which shows cottonseed oil prices tracking 
soybean oil prices, the marginal users of cottonseed oil are largely 
indifferent between cottonseed and soybean oil when they approach price 
parity.\19\ Therefore, it follows that if vegetable oil is needed to 
backfill for cottonseed oil used as biofuel, soybean oil would be the 
most likely vegetable oil to meet this demand in the United States.
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    \19\ Based on conversations with Michael Dowd of the USDA 
Agricultural Research Service on December 30th, 2014 and June 17th, 
2015.
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    To the extent that soybean oil is used to satisfy U.S. domestic 
demand for vegetable oil that would have otherwise been met with 
cottonseed oil, there would likely be secondary impacts on the 
production and consumption of other vegetable oils internationally and 
the agricultural sector more broadly. In the modeling we conducted for 
the March 2010 rule, we projected that the use of soybean oil for 
biofuel feedstock would cause a global increase in vegetable oil 
production. In that analysis, we projected that the majority of this 
increase would come in the form of additional soybean oil production, 
but that additional canola, palm, peanut, and sunflower oil production 
would also occur in some parts of the world, with secondary impacts on 
other parts of the agricultural sector.\20\ Therefore, by assuming that 
cottonseed oil would have similar indirect impacts on other vegetable 
oils, our analysis takes into account the ripple effects in the 
vegetable oil and other agricultural markets resulting from an increase 
in biofuel demand in the U.S. We invite comment on this approach.
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    \20\ See EPA-HQ-OAR-2005-0161-3173.9 and EPA-HQ-OAR-2005-0161-
3173.10 for more information.
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4. Upstream GHG Implications of Cottonseed Oil Use as a Biofuel 
Feedstock
    Our analysis indicates that the most likely market impact of the 
use of cottonseed oil as biofuel feedstock is some feedstock swapping 
between cottonseed oil and soybean oil and some increase in total 
biofuel production from vegetable oil, as explained in the previous 
section. However, as a conservative assumption, we assume in our 
analysis that any use of cottonseed oil as biofuel feedstock will 
result in an increase in total biofuel production and that there would 
be a corresponding increase in U.S. demand for vegetable oil. In such a 
hypothetical situation, the alternative product used by marginal U.S. 
consumers of vegetable oil is likely to be soybean oil. We do not 
expect any shift in the supply of cotton or cottonseed oil. The GHG 
emissions associated with cottonseed oil at the feedstock production 
and transport stages of the lifecycle are likely to be similar to or 
less than those we have previously estimated for soybean oil on a 
normalized basis.\21\ Therefore, we are proposing to use the upstream 
GHG emissions associated with an increase in soybean oil in our 
lifecycle analysis for cottonseed oil. In the March 2010 rule, we 
determined that the GHG emissions associated with soybean oil at the 
feedstock production and transport stages of the lifecycle were 
approximately 646 grams of carbon dioxide equivalent (gCO2e) 
per pound of soybean oil.\22\ Based on our evaluation, we believe that 
it is reasonable, as a conservative estimate, to apply the same value 
for the emissions associated with cottonseed oil at the feedstock 
production and transport stages of the lifecycle. We invite comment on 
this approach.
---------------------------------------------------------------------------

    \21\ EPA's lifecycle analysis of soybean oil biodiesel for the 
March 2010 RFS rule evaluated the GHG impacts for a scenario with 
increased soybean oil biodiesel production compared to a control 
case. To calculate the results on a normalized basis for the 
scenario evaluated, we divide the increase in GHG emissions by the 
increase in the amount of soybean oil used for biodiesel production, 
which gives the normalized results in units of gCO2e per 
pound of soybean oil. The lifecycle GHG analysis that EPA conducted 
for the March 2010 RFS rule for biofuel derived from soybean oil 
feedstock is described in section 2.6.1.3 (Biodiesel Results) of the 
Regulatory Impact Analysis for the March 2010 RFS rule (EPA-420-R-
10-006).
    \22\ EPA's soybean oil biodiesel assessment uses a biodiesel 
conversion efficiency of 7.76 pounds of soybean oil per gallon of 
biodiesel, and biodiesel lower heating value of 118,000 British 
Thermal Units (Btu) per gallon. Therefore, GHG emissions of 646 
gCO2e/lb soybean oil converts to 41,247 gCO2e per million 
Btu of soybean oil biodiesel. This value includes the emissions 
associated with soybean oil delivered to a biodiesel production 
facility, including the emissions from growing and harvesting the 
soybeans, transporting the soybeans to a crushing facility, 
extracting the soybean oil, transporting the soybean oil to a 
biodiesel facility, and all of the significant indirect emissions 
such as from land use change.
---------------------------------------------------------------------------

B. Summary of Agricultural Sector GHG Emissions

    Based on our comparison of cottonseed oil to soybean oil, EPA 
proposes to apply the estimate of upstream soybean oil feedstock 
production and transport emissions, including indirect agricultural and 
forestry sector impacts, to future evaluations of petitions proposing 
to use cottonseed oil as a feedstock for biofuel production. We believe 
this approach will provide a conservative estimate of potential 
emissions associated with the production and transport of cottonseed 
oil. EPA solicits comment on this proposed approach.

C. Fuel Production and Distribution

    Cottonseed oil has physical properties that are similar to soybean 
oil, and is suitable for the same conversion processes as soybean oil 
feedstock. 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 action, we will combine our evaluation of 
agricultural sector GHG emissions associated with the use of cottonseed 
oil feedstock with our evaluation of the GHG emissions associated with 
individual producers' production processes and finished fuels to 
determine whether any proposed pathway satisfies CAA lifecycle GHG 
emissions reduction requirements for RFS-qualifying renewable fuels. 
Each

[[Page 41040]]

biofuel producer seeking to generate RINs for non-grandfathered volumes 
of biofuel produced from cottonseed oil will first need to submit a 
petition requesting EPA's evaluation of their new renewable fuel 
pathway pursuant to 40 CFR 80.1416 of the RFS regulations, and include 
all of the information specified at 40 CFR 80.1416(b)(1). Because EPA 
is evaluating the greenhouse gas emissions associated with the 
production and transport of cottonseed oil feedstock through this 
action and comment process, petitions requesting EPA's evaluation of 
biofuel pathways involving cottonseed oil feedstock will not have to 
include the information for new feedstocks specified at 40 CFR 
80.1416(b)(2).\23\ Based on our evaluation of the lifecycle GHG 
emissions attributable to the production and transport of cottonseed 
oil feedstock, EPA anticipates that fuel produced from cottonseed 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) renewable identification numbers (RINs) or advanced biofuel (D-
code 5) RINs.\24\ However, EPA will evaluate petitions for fuel 
produced from cottonseed oil feedstock on a case-by-case basis.
---------------------------------------------------------------------------

    \23\ For information on how to submit a petition for biofuel 
produced from cottonseed oil see EPA's Web page titled ``How to 
Submit a Complete Petition'' (http://www.epa.gov/otaq/fuels/renewablefuels/new-pathways/how-to-submit.htm) including the 
document on that Web page titled ``How to Prepare a Complete 
Petition.'' Petitions for biofuel produced from cottonseed oil 
should include all of the applicable information outlined in Section 
3 of the ``How to Prepare a Complete Petition'' document, but they 
do not need to provide the information outlined in section 3(F)(2) 
(Information for New Feedstocks).
    \24\ 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 our analysis of GHG emissions 
associated with the production and transport of cottonseed 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 cottonseed oil as a feedstock.

    Dated: June 30, 2015.
Christopher Grundler,
Director, Office of Transportation and Air Quality, Office of Air and 
Radiation.
[FR Doc. 2015-17262 Filed 7-13-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                                                         Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Notices                                                   41033

                                                                                                                        1018TH—MEETING—Continued
                                                                                                                     [Regular Meeting—July 16, 2015, 10:00 a.m.]

                                                          Item No.                                Docket No.                                                                 Company

                                                    C–3 ....................   RM12–11–003 .........................................   Revisions to Auxiliary Installations, Replacement Facilities, and Siting and Mainte-
                                                                                                                                         nance Regulations.



                                                      Issued: July 9, 2015.                                         First Street NE., Washington, DC 20426,                 ENVIRONMENTAL PROTECTION
                                                    Kimberly D. Bose,                                               in accordance with Rules 211 and 214                    AGENCY
                                                    Secretary.                                                      of the Commission’s Rules of Practice
                                                                                                                                                                            [EPA–HQ–OAR–2015–0092; FRL–9930–50–
                                                       A free webcast of this event is                              and Procedure (18 CFR 385.211 and                       OAR]
                                                    available through www.ferc.gov. Anyone                          385.214). Anyone filing a motion to
                                                    with Internet access who desires to view                        intervene or protest must serve a copy                  Notice of Opportunity To Comment on
                                                    this event can do so by navigating to                           of that document on the Applicant.                      an Analysis of the Greenhouse Gas
                                                    www.ferc.gov’s Calendar of Events and                              Notice is hereby given that the                      Emissions Attributable to Production
                                                    locating this event in the Calendar. The                        deadline for filing protests with regard                and Transport of Cotton (Gossypium
                                                    event will contain a link to its webcast.                       to the applicant’s request for blanket                  spp.) Seed Oil for Use in Biofuel
                                                    The Capitol Connection provides                                                                                         Production
                                                                                                                    authorization, under 18 CFR part 34, of
                                                    technical support for the free webcasts.
                                                                                                                    future issuances of securities and                      AGENCY: Environmental Protection
                                                    It also offers access to this event via
                                                    television in the DC area and via phone                         assumptions of liability, is July 28,                   Agency (EPA).
                                                    bridge for a fee. If you have any                               2015.                                                   ACTION: Notice.
                                                    questions, visit                                                   The Commission encourages
                                                                                                                                                                            SUMMARY:    The Environmental Protection
                                                    www.CapitolConnection.org or contact                            electronic submission of protests and
                                                                                                                                                                            Agency (EPA) is inviting comment on
                                                    Danelle Springer or David Reininger at                          interventions in lieu of paper, using the
                                                                                                                                                                            its analysis of the greenhouse gas (GHG)
                                                    703–993–3100.                                                   FERC Online links at http://                            emissions attributable to the production
                                                       Immediately following the conclusion                         www.ferc.gov. To facilitate electronic                  and transport of Gossypium spp. seed
                                                    of the Commission Meeting, a press                              service, persons with Internet access                   oil (‘‘cottonseed oil’’) feedstock for use
                                                    briefing will be held in the Commission                         who will eFile a document and/or be                     in making biofuels such as biodiesel,
                                                    Meeting Room. Members of the public                             listed as a contact for an intervenor                   renewable diesel, and jet fuel. This
                                                    may view this briefing in the designated                        must create and validate an                             document explains EPA’s analysis of the
                                                    overflow room. This statement is                                eRegistration account using the                         feedstock production and transport-
                                                    intended to notify the public that the                          eRegistration link. Select the eFiling                  related components of the lifecycle GHG
                                                    press briefings that follow Commission                          link to log on and submit the                           emissions of biofuel made from
                                                    meetings may now be viewed remotely                             intervention or protests.                               cottonseed oil, including both direct
                                                    at Commission headquarters, but will
                                                                                                                       Persons unable to file electronically                and indirect agricultural and forestry
                                                    not be telecast through the Capitol
                                                                                                                    should submit an original and 5 copies                  sector emissions. This notice also
                                                    Connection service.
                                                                                                                    of the intervention or protest to the                   describes how EPA may apply this
                                                    [FR Doc. 2015–17305 Filed 7–10–15; 11:15 am]                                                                            analysis in the future to determine
                                                                                                                    Federal Energy Regulatory Commission,
                                                    BILLING CODE 6717–01–P
                                                                                                                    888 First Street NE., Washington, DC                    whether biofuels produced from
                                                                                                                                                                            cottonseed oil meet the necessary GHG
                                                                                                                    20426.
                                                                                                                                                                            reductions required for qualification as
                                                    DEPARTMENT OF ENERGY                                               The filings in the above-referenced                  renewable fuel under the Renewable
                                                                                                                    proceeding are accessible in the                        Fuel Standard program. Based on this
                                                    Federal Energy Regulatory                                       Commission’s eLibrary system by                         analysis, we anticipate that biofuels
                                                    Commission                                                      clicking on the appropriate link in the                 produced from cottonseed oil could
                                                    [Docket No. ER15–2129–000]                                      above list. They are also available for                 qualify as biomass-based diesel or
                                                                                                                    electronic review in the Commission’s                   advanced biofuel if typical fuel
                                                    Slate Creek Wind Project, LLC;                                  Public Reference Room in Washington,                    production process technologies are
                                                    Supplemental Notice That Initial                                DC. There is an eSubscription link on                   used.
                                                    Market-Based Rate Filing Includes                               the Web site that enables subscribers to
                                                    Request for Blanket Section 204                                                                                         DATES:  Comments must be received on
                                                                                                                    receive email notification when a                       or before August 13, 2015.
                                                    Authorization                                                   document is added to a subscribed                       ADDRESSES: Submit your comments,
                                                      This is a supplemental notice in the                          docket(s). For assistance with any FERC                 identified by Docket ID No. EPA–HQ–
                                                    above-referenced proceeding of Slate                            Online service, please email                            OAR–2015–0092, by one of the
                                                    Creek Wind Project, LLC’s application                           FERCOnlineSupport@ferc.gov, or call                     following methods:
                                                    for market-based rate authority, with an                        (866) 208–3676 (toll free). For TTY, call                 • http://www.regulations.gov. Follow
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    accompanying rate tariff, noting that                           (202) 502–8659.                                         the on-line instructions for submitting
                                                    such application includes a request for                           Dated: July 8, 2015.                                  comments.
                                                    blanket authorization, under 18 CFR                                                                                       • Email: a-and-r-docket@epa.gov,
                                                                                                                    Kimberly D. Bose,
                                                    part 34, of future issuances of securities                                                                              Attention Air and Radiation Docket ID
                                                    and assumptions of liability.                                   Secretary.                                              No. EPA–HQ–OAR–2015–0092.
                                                      Any person desiring to intervene or to                        [FR Doc. 2015–17222 Filed 7–13–15; 8:45 am]               • Mail: Air and Radiation Docket,
                                                    protest should file with the Federal                            BILLING CODE 6717–01–P                                  Docket No. EPA–HQ–OAR–2015–0092,
                                                    Energy Regulatory Commission, 888                                                                                       Environmental Protection Agency, Mail


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                                                    41034                           Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Notices

                                                    code: 28221T, 1200 Pennsylvania Ave.                     Constitution Ave. NW., Washington,                       evaluate a new fuel pathway in
                                                    NW., Washington, DC 20460.                               DC. The Public Reading Room is open                      accordance with 40 CFR 80.1416.
                                                       • Hand Delivery: EPA Docket Center,                   from 8:30 a.m. to 4:30 p.m., Monday                         Pursuant to 40 CFR 80.1416, EPA
                                                    EPA/DC, EPA WJC West, Room 3334,                         through Friday, excluding legal                          received a petition from the National
                                                    1301 Constitution Ave. NW.,                              holidays. The telephone number for the                   Cottonseed Products Association
                                                    Washington, DC 20460, Attention Air                      Public Reading Room is (202) 566–1744,                   (NCPA), requesting that EPA evaluate
                                                    and Radiation Docket, ID No. EPA–HQ–                     and the telephone number for the Air                     the lifecycle GHG emissions for biofuels
                                                    OAR–2015–0092. Such deliveries are                       and Radiation Docket is (202) 566–1742.                  produced using Gossypium spp. seed oil
                                                    only accepted during the Docket’s                        FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                      (‘‘cottonseed oil’’), and that EPA provide
                                                    normal hours of operation, and special                   Christopher Ramig, Office of                             a determination of the renewable fuel
                                                    arrangements should be made for                          Transportation and Air Quality, Mail                     categories, if any, for which such
                                                    deliveries of boxed information.                         Code: 6401A, U.S. Environmental                          biofuels may be eligible. EPA’s lifecycle
                                                       Instructions: Direct your comments to                                                                          analyses are used to assess the overall
                                                                                                             Protection Agency, 1200 Pennsylvania
                                                    Docket ID No. EPA–HQ–OAR–2015–                                                                                    GHG impacts of a fuel throughout each
                                                                                                             Avenue NW., 20460; telephone number:
                                                    0092. EPA’s policy is that all comments                                                                           stage of its production and use. The
                                                                                                             (202) 564–1372; fax number: (202) 564–
                                                    received will be included in the public                                                                           results of these analyses, considering
                                                                                                             1177; email address: ramig.christopher@
                                                    docket without change and may be                                                                                  uncertainty and the weight of available
                                                    made available online at                                 epa.gov.
                                                                                                                                                                      evidence, are used to determine whether
                                                    www.regulations.gov, including any                       SUPPLEMENTARY INFORMATION:                               a fuel meets the necessary GHG
                                                    personal information provided, unless                      This document is organized as                          reductions required under the CAA for
                                                    the comment includes information                         follows:                                                 it to be considered renewable fuel or
                                                    claimed to be Confidential Business                      I. Introduction                                          one of the subsets of renewable fuel.
                                                    Information (CBI) or other information                   II. Analysis of GHG Emissions Associated                 Lifecycle analysis includes an
                                                    whose disclosure is restricted by statute.                     With Use of Cottonseed Oil as a Biofuel            assessment of emissions related to the
                                                    Do not submit information that you                             Feedstock                                          full fuel lifecycle, including feedstock
                                                    consider to be CBI or otherwise                             A. Feedstock Description, Production, and             production, feedstock transportation,
                                                    protected through www.regulations.gov                          Distribution                                       fuel production, fuel transportation, fuel
                                                    or email. The www.regulations.gov Web                       1. Production of Cottonseed Oil-Based
                                                                                                                                                                      distribution, and tailpipe emissions. Per
                                                                                                                   Biofuels
                                                    site is an ‘‘anonymous access’’ system,                                                                           the CAA definition of lifecycle GHG
                                                                                                                2. Cottonseed Oil Production Economics
                                                    which means EPA will not know your                          3. Replacement of Cottonseed Oil in                   emissions, EPA’s lifecycle analyses also
                                                    identity or contact information unless                         Vegetable Oil Markets                              include an assessment of significant
                                                    you provide it in the body of your                          4. Upstream GHG Implications of                       indirect emissions, such as indirect
                                                    comment. If you send an email                                  Cottonseed Oil Use as a Biofuel                    emissions from land use changes,
                                                    comment directly to EPA without going                          Feedstock                                          agricultural sector impacts, and
                                                    through www.regulations.gov, your                           B. Summary of Agricultural Sector GHG                 production of co-products from biofuel
                                                    email address will be automatically                            Emissions                                          production.
                                                    captured and included as part of the                        C. Fuel Production and Distribution                      In this document, we are describing
                                                    comment that is placed in the public                     III. Summary                                             EPA’s evaluation of the GHG emissions
                                                    docket and made available on the                         I. Introduction                                          associated with the feedstock
                                                    Internet. If you submit an electronic                                                                             production and feedstock transport
                                                    comment, EPA recommends that you                            As part of changes to the Renewable                   stages of the lifecycle analysis of
                                                    include your name and other contact                      Fuel Standard (RFS) program                              cottonseed oil when it is used to
                                                    information in the body of your                          regulations published on March 26,                       produce a biofuel, including the indirect
                                                    comment and with any disk or CD–ROM                      2010 1 (the ‘‘March 2010 rule’’), EPA                    agricultural and forestry sector impacts.
                                                    you submit. If EPA cannot read your                      specified the types of renewable fuels                   We are seeking public comment on the
                                                    comment due to technical difficulties                    eligible to participate in the RFS                       methodology and results of this
                                                    and cannot contact you for clarification,                program through approved fuel                            evaluation. For reasons described in
                                                    EPA may not be able to consider your                     pathways. Table 1 to 40 CFR 80.1426 of                   Section II below, we believe that, as a
                                                    comment. Electronic files should avoid                   the RFS regulations lists three critical                 conservative estimate, it is reasonable to
                                                    the use of special characters, any form                  components of an approved fuel                           apply the GHG emissions estimates we
                                                    of encryption, and be free of any defects                pathway: (1) Fuel type; (2) feedstock;                   established in the March 2010 rule for
                                                    or viruses. For additional information                   and (3) production process. Fuel                         the production and transport of soybean
                                                    about EPA’s public docket visit the EPA                  produced pursuant to each specific                       oil to cottonseed oil.
                                                    Docket Center homepage at http://                        combination of the three components, or                     If appropriate, EPA will update its
                                                    www.epa.gov/epahome/dockets.htm.                         fuel pathway, is designated in Table 1                   evaluation of the feedstock production
                                                       Docket: All documents in the docket                   to 40 CFR 80.1426 as eligible for                        and transport phases of the lifecycle
                                                    are listed in the www.regulations.gov                    purposes of the Clean Air Act’s (CAA)                    analysis for cottonseed oil based on
                                                    index. Although listed in the index,                     requirements for greenhouse gas (GHG)                    comments received in response to this
                                                    some information is not publicly                         reductions to qualify as renewable fuel                  action. EPA will then use this feedstock
                                                    available, e.g., CBI or other information                or one of three subsets of renewable fuel                production and transport information to
                                                    for which disclosure is restricted by                    (biomass-based diesel, cellulosic                        evaluate facility-specific petitions,
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                                                    statute. Certain other material, such as                 biofuel, or advanced biofuel). EPA may                   received pursuant to 40 CFR 80.1416,
                                                    copyrighted material, will be publicly                   also independently approve additional                    that propose to use cottonseed oil as a
                                                    available only in hard copy. Publicly                    fuel pathways not currently listed in                    feedstock for the production of biofuel.
                                                    available docket materials are available                 Table 1 to 40 CFR 80.1426 for                            In evaluating such petitions, EPA will
                                                    either electronically in                                 participation in the RFS program, or a                   consider the GHG emissions associated
                                                    www.regulations.gov or in hard copy at                   third-party may petition for EPA to                      with the production and transport of
                                                    the Air and Radiation Docket, EPA/DC,                                                                             cottonseed oil feedstock as described in
                                                    EPA WJC West, Room 3334, 1301                                 1 See   75 FR 14670.                                this document, including the potential


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                                                                                    Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Notices                                                   41035

                                                    indirect impacts. In addition, EPA will                  consumed vegetable oil in the U.S.,                   average.6 However, in the 2013/14 crop
                                                    determine—based on information in the                    behind soybean oil, canola oil, palm oil,             year, cottonseed oil production was
                                                    petition and other relevant information,                 corn oil, coconut oil, and olive oil                  down significantly, about 20 percent
                                                    including the petitioner’s energy and                    respectively. It accounts for about                   below the ten-year average.7 Conversely,
                                                    mass balance data—the GHG emissions                      2.5–4 percent of U.S. production and                  these two crop years were both good for
                                                    associated with petitioners’ biofuel                     about 1.5–2.5 percent of U.S.                         soybean oil, with production levels just
                                                    production processes, as well as                         consumption of vegetable oil.2                        above the ten-year average.8 In 2012/13,
                                                    emissions associated with the transport                  Internationally, cottonseed oil is the                when both oilseeds produced around
                                                    and use of the finished biofuel. We will                 sixth most produced and consumed                      their recent averages, the peak monthly
                                                    then combine our assessments into a                      vegetable oil, representing about 3–3.5               price spread between soybean oil and
                                                    full lifecycle GHG analysis and                          percent of global production and                      cottonseed oil was about 3 cents per
                                                    determine whether the fuel produced at                   consumption.3 Over the last decade,
                                                    an individual facility satisfies CAA                                                                           pound.9 However, in 2013/14 when
                                                                                                             annual U.S. cottonseed oil production                 cottonseed oil supply was heavily
                                                    renewable fuel GHG reduction                             has averaged just under 800 million
                                                    requirements.                                                                                                  constrained, the monthly average price
                                                                                                             pounds.4 If this entire supply were used              spread grew to as much as 43.5 cents
                                                    II. Analysis of GHG Emissions                            for biodiesel and/or renewable diesel
                                                                                                                                                                   per pound.10
                                                    Associated With Use of Cottonseed Oil                    production, which is highly unlikely for
                                                    as a Biofuel Feedstock                                   reasons discussed below, it would
                                                                                                             generate approximately 100 million
                                                       EPA has evaluated the production and                  gallons of fuel. Since U.S. biodiesel and
                                                    transport portion of the lifecycle GHG                   renewable diesel production was
                                                    impacts of using cottonseed oil as a                     approximately 1.5 billion gallons in
                                                    biofuel feedstock, based on information                  2014, the potential contribution of
                                                    provided in the petition and other data                  cottonseed oil is relatively small in
                                                    gathered by EPA. Based on this                           comparison to the overall biodiesel and
                                                    evaluation, EPA believes that new                        renewable diesel market.
                                                    agricultural sector modeling is not
                                                    needed to evaluate this portion of the                      Cottonseed oil is preferred for a
                                                    lifecycle GHG impacts of using                           number of specialty uses by certain
                                                    cottonseed oil as a biofuel feedstock. As                producers, including the frying of potato
                                                    explained below, our analysis makes the                  chips and the preservation of smoked
                                                    conservative assumption that cottonseed                  shellfish. According to industry experts
                                                    oil diverted from the vegetable oil                      in government and the private sector
                                                    markets for food and industrial use to                   consulted by EPA, many producers
                                                    biofuel production will be replaced with                 strongly prefer cottonseed oil over its
                                                    soybean oil rather than result in                        alternatives, believing that the type of
                                                    additional production of cottonseed oil                  oil used for these products has a very
                                                    or any other vegetable oil. Therefore, in                significant impact on the quality of the
                                                    this analysis, we are applying the same                  product itself. Market experts also noted
                                                    agricultural sector impacts for soybean                  to EPA that these producers have
                                                    oil to cottonseed oil on a per-pound-of-                 historically been willing to pay a
                                                    feedstock basis. Based on this analysis                  significant premium to maintain their
                                                                                                                                                                     6 In the USDA data considered here, crop years
                                                    (described below), we propose to                         supply of cottonseed oil when supplies
                                                                                                                                                                   begin in October of the first year listed and end in
                                                    evaluate the agricultural sector GHG                     become limited.5                                      September of the second year listed.
                                                    emissions impacts of using cottonseed                       This behavior is supported by                        7 U.S. cottonseed oil production has averaged

                                                    oil in responding to petitions received                  available historical data. Figure II.A.1–             about 800 million pounds since the 2003/04 crop
                                                    pursuant to 40 CFR 80.1416 by                                                                                  year. According to the USDA Oil Crops Yearbook
                                                                                                             1 below illustrates one of multiple                   2014, production in 2012/13 was also about 800
                                                    assuming that GHG emissions are                          examples from recent history. In the                  million pounds and production in 2013/14 was
                                                    similar to those associated with the use                 2012/13 crop year, cottonseed oil                     approximately 630 million pounds.
                                                    of soybean oil for biofuel production.                   production was near the ten-year                        8 U.S. soybean oil production has averaged about

                                                    We invite comment on this proposed                                                                             19.5 billion pounds since the 2003/04 crop year.
                                                    approach.                                                   2 United States Department of Agriculture,         According to the USDA Oil Crops Yearbook 2014,
                                                                                                             ‘‘National Oil Crops Yearbook 2014’’, available at:   production in 2012/13 was about 19.8 billion
                                                    A. Feedstock Description, Production,                    http://www.ers.usda.gov/data-products/oil-crops-      pounds and production in 2013/14 was
                                                    and Distribution                                         yearbook.aspx (Last Accessed: January 14th, 2015).    approximately 19.7 billion pounds.
                                                                                                                                                                     9 This occurred in December 2012, when,
                                                                                                             United Nations Food and Agriculture Organization,
                                                    1. Production of Cottonseed Oil-Based                    ‘‘FAOSTAT’’, available at: http://faostat.fao.org/    according to USDA data, soybean oil averaged 47.16
                                                    Biofuels                                                 (Last Accessed: January 29th, 2015).                  cents per pound and cottonseed oil averaged 49.05
                                                                                                                3 Ibid.                                            cents per pound.
                                                       Cottonseed oil is the fourth most                        4 Ibid.                                              10 This occurred in May of 2014, when, according
                                                    produced vegetable oil in the U.S., after                   5 Based on conversations with Michael Dowd of      to USDA data, soybean oil averaged 40.68 cents per
                                                    soybean oil, corn oil, and canola oil                                                                          pound and cottonseed oil averaged 84.25 cents per
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                                                                                                             the USDA Agricultural Research Service on
                                                    respectively. It is the seventh most                     December 30th, 2014 and June 17th, 2015.              pound.




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                                                    41036                           Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Notices




                                                      As Figure II.A.1–1 illustrates,                        approximately 7 cents per pound over                  on price with soybean oil as biofuel
                                                    cottonseed oil can approach price parity                 the last 15 years.                                    feedstock in times of abundant supply,
                                                    with soybean oil at times of average or                     Based on information from USDA                     or possibly in a year with low soybean
                                                    above-average supply of cottonseed oil.                  vegetable oil market experts, demand for              oil production but normal cottonseed oil
                                                    However, the price trend shown above                     cottonseed oil for specialty uses like                production, both of which might be
                                                    for 2013 should not be taken as                          those cited above is extremely inelastic,             expected to narrow the normal price
                                                    representative of the full historical                    meaning that demand for this volume of                gap. This trend also indicates that, when
                                                    record. Cottonseed oil does not often                    cottonseed oil would not be                           cottonseed oil prices are relatively low,
                                                    achieve actual price parity with soybean                 significantly impacted by an increase in              the U.S. market values cottonseed oil at
                                                    oil. According to historical monthly                     the price of cottonseed oil.13 It is                  about the same price as soybean oil,
                                                                                                             therefore highly unlikely that biofuel                rather than cheaper alternatives like
                                                    price data from the U.S. Department of
                                                                                                             producers could bid cottonseed oil away               palm oil or waste oils and greases or
                                                    Agriculture (USDA), the national
                                                                                                             from such specialty uses. This                        more expensive alternatives like
                                                    average monthly price for cottonseed oil
                                                                                                             inelasticity of demand dramatically
                                                    was approximately equal to or below                                                                            sunflower seed oil. In other words, the
                                                                                                             shrinks the potential amount of
                                                    that of soybean oil in only 23 of the last                                                                     historical pricing data available
                                                                                                             cottonseed oil that might be utilized for
                                                    180 months (15 years).12 Even in the                                                                           indicates that the primary competitor of
                                                                                                             biofuel production and the potential
                                                    middle months of 2013, when soybean                                                                            cottonseed oil under these
                                                                                                             impact that approving a pathway for
                                                    oil and cottonseed oil prices appear to                  cottonseed oil might have on vegetable                circumstances is soybean oil, since the
                                                    converge in Figure II.A.1–1, cottonseed                  oil markets. The data suggest that, in                prices converge, or at least nearly
                                                    oil actually maintained a small                          most years, cottonseed oil would not be               converge, under such circumstances.
                                                    premium over soybean oil, though in a                    price competitive with soybean oil for                   Based on consultation with USDA
                                                    few months of 2013 this premium was                      biofuel feedstock use in most locations.              and private sector vegetable oil industry
                                                    less than a cent per pound. In only one                  This suggests that cottonseed oil is                  experts and given the historical data
                                                    month out of the last fifteen years,                     unlikely to be used for biofuel                       presented above, we believe that the
                                                    September 2004, was the monthly                          production except in years where                      actual potential for biodiesel and non-
                                                    average price of cottonseed oil more                     cottonseed oil prices are significantly               ester renewable diesel production from
                                                    than one cent per pound cheaper than                     lower than normal relative to soybean                 cottonseed oil is considerably smaller
                                                    that of soybean oil. For the majority of                 oil. Even then, as discussed below,                   than the 100 million gallons noted
                                                    the recent historical record, cottonseed                 cottonseed oil is likely to be used as a              above.14 Based on a conversation with
                                                    oil has maintained a significant price                   feedstock predominantly by biofuel                    NCPA we believe that the actual
                                                    premium over soybean oil, averaging                      production facilities located near                    potential is more likely in the range of
                                                                                                             cottonseed crushing facilities.                       20 million gallons of biodiesel per year
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                       11 United States Department of Agriculture,              Conversely, the data also suggest that             (representing roughly 150–160 million
                                                    ‘‘National Oil Crops Yearbook 2014’’, available at:      in some circumstances, cottonseed oil                 pounds of cottonseed oil), and could be
                                                    http://www.ers.usda.gov/data-products/oil-crops-         may achieve approximate price parity
                                                    yearbook.aspx (Last Accessed: January 14th, 2015).
                                                                                                                                                                   considerably smaller than that
                                                       12 USDA Agricultural Marketing Service,
                                                                                                             with soybean oil. This trend in pricing
                                                    ‘‘Monthly Feedstuff Prices and Milling and Baking        indicates cottonseed oil could compete                  14 Based on conversations with Michael Dowd of

                                                    News’’, multiple editions. In this example, by                                                                 the USDA Agricultural Research Service on
                                                    ‘‘approximately equal’’ we mean that there was less        13 Based on conversations with Michael Dowd of      December 30th, 2014 and June 17th, 2015; based
                                                    than a 1 cent difference between the prices of           the USDA Agricultural Research Service on             also on memo from NCPA [EPA–HQ–OAR–2015–
                                                                                                                                                                                                                      EN14JY15.011</GPH>




                                                    cottonseed oil and soybean oil.                          December 30th, 2014 and June 17th, 2015.              0092–0001; EPA–HQ–OAR–2015–0092–0002].



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                                                                                    Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Notices                                                      41037

                                                    depending on market conditions.15 As                     impact on U.S. biofuel production or                     whether to plant cotton and what types
                                                    noted above, this is largely due to the                  U.S. vegetable oil production,                           of farming practices to utilize.16 The
                                                    inelastic nature of cottonseed oil                       consumption, and trade patterns.                         cotton seed and its products represent
                                                    demand for specialty uses, which have                    2. Cottonseed Oil Production Economics                   the remaining approximately 15 percent
                                                    demonstrated their willingness to pay                                                                             of average value per acre. Conversely,
                                                    prices for cottonseed oil that would be                     The methods of producing cottonseed                   for soybeans and other major oilseeds,
                                                    prohibitive to biofuel producers when                    oil are nearly identical to those of other               the seed itself comprises nearly 100
                                                                                                             vegetable seed oils. The seeds are                       percent of the value per acre.
                                                    forced to compete for limited supplies
                                                                                                             crushed, oil and meal are separated, and
                                                    of cottonseed oil. Except in years with                                                                             While cottonseed does have value and
                                                                                                             the two products are sold separately
                                                    high levels of cottonseed oil production                                                                          provides farmers with a secondary
                                                                                                             into the vegetable oil and animal feed
                                                    or uncharacteristically low demand                       markets respectively. However, the                       revenue stream, most cotton farmers
                                                    from specialty users (for example, if                    production of the cotton oilseed is                      consider it to be a byproduct of
                                                    potato chip production were to be                        unique among major oilseeds because                      producing cotton lint. The efforts of
                                                    unusually low in a particular year), we                  the seed itself is not a primary crop                    cotton breeders over a long time period
                                                    do not expect that there will be                         product. Rather, it is generally                         to maximize lint yields relative to seed
                                                    significant quantities of cottonseed oil                 considered a byproduct of the                            yields, demonstrated by yield trends in
                                                    available at prices that biodiesel                       production of cotton lint for fiber. Fiber               cottonseed and cotton lint, support this
                                                    producers would consider competitive.                    production is the primary purpose of                     hypothesis. Since 1985, the U.S. average
                                                    As a result, were EPA to approve                         cotton farming, representing                             cottonseed yield per bale of cotton lint
                                                    pathways for cottonseed oil-based fuels                  approximately 85 percent of the value of                 produced has declined from nearly 800
                                                    and begin registering producers, we                      the average U.S. acre of cotton, and it                  pounds per bale to less than 700 pounds
                                                    would not expect it to have a significant                drives the decisions of farmers regarding                per bale (See Figure II.A.2–1 below).




                                                      Conversely, over that same period, the                 harvested to over 800 pounds per acre
                                                    U.S. average cotton lint yield has                       harvested.
                                                    increased from 630 pounds per acre
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                                                       15 Based on memo from NCPA [EPA–HQ–OAR–               acre fairly consistently since at least the year 1980.      17 United States Department of Agriculture,

                                                    2015–0092–0001; EPA–HQ–OAR–2015–0092–                    (Source: United States Department of Agriculture,        ‘‘National Agricultural Statistical Service
                                                    0002].                                                   ‘‘National Agricultural Statistical Service              Database’’, available at: http://
                                                       16 According to the USDA NASS database, cotton        Database’’, available at: http://                        quickstats.nass.usda.gov/ (Last Accessed: January
                                                                                                             quickstats.nass.usda.gov/ [Last Accessed: January        14th, 2015).
                                                    lint has represented about 85 percent of revenue per
                                                                                                                                                                                                                          EN14JY15.012</GPH>




                                                                                                             14th, 2015]).



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                                                    41038                           Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Notices




                                                       The secondary nature of cottonseed                    affect cottonseed production or the                   specialty consumers are fully met, and
                                                    production for cotton farmers has                        supply of cottonseed oil in the U.S.                  the amount of cottonseed oil that could
                                                    significant implications for our study of                vegetable oil markets. Imports of                     be bid away from such users for biofuel
                                                    the impacts of cottonseed oil production                 cottonseed oil are approximately zero.                production is likely small until that
                                                    for use in making biofuels. In a given                   We do not expect demand for                           threshold is reached. Whether or not
                                                    year, weather conditions may reduce                      cottonseed oil as biofuel feedstock to                any of this remaining cottonseed oil will
                                                    lint yields and force farmers to rely                    change this, since the costs of creating              actually be used for biofuel production
                                                    more on seed revenue. But when                           and operating new trade routes would                  will depend on the price of cottonseed
                                                    making decisions about what to plant,                    make cottonseed oil uncompetitive with                oil relative to soybean oil at that time.
                                                    when to plant, and what types and                        alternative oil feedstocks, especially                   In the event that cottonseed oil is
                                                    quantities of crop inputs to utilize, lint               soybean oil. Instead, we expect that, in              used as a biofuel feedstock, the small
                                                    yields are the first priority of cotton                  the rare instances when cottonseed oil                volume likely to be available in any
                                                    farmers. Further, the fact that cottonseed               prices approach parity with soybean oil               given region makes it highly unlikely
                                                    oil will only be competitive as a biofuel                prices, biofuel producers might utilize               that cottonseed oil could meet the total
                                                    feedstock under certain relatively                       some quantity of cottonseed oil. Since,               feedstock needs of a biofuel production
                                                    uncommon and unpredictable                               in most previous historical instances of              facility. Rather, we expect that U.S.
                                                    circumstances makes it even more                         this near price parity, cottonseed oil is             biofuel producers who are already
                                                    unlikely that establishing pathways for                  still somewhat more expensive than                    utilizing vegetable oil feedstocks and are
                                                    cottonseed oil-based fuels under the                     soybean oil, we would expect to only                  located near cottonseed crushing
                                                    RFS would have any impact on planting                    see this behavior amongst biofuel                     facilities will have the option to include
                                                    decisions. While farmers will seek to                    producers with renewable fuel                         some amount of cottonseed oil in their
                                                    maximize the price they receive for                      production facilities near cottonseed                 mix of feedstocks when the price is
                                                    cottonseed, it is highly unlikely that an                crushing locations, since this oil could              right.
                                                    increase in cottonseed value would have                  be sourced with minimal transport                        There are two likely ways that biofuel
                                                    any significant impact on the behavior                   costs. If some quantity of cottonseed oil             producers may include some amount of
                                                    of cotton farmers.                                       is diverted from the vegetable oil                    cottonseed oil in their feedstock mix.
                                                                                                             markets to the biofuel market, any                    First, biofuel producers may at times
                                                       Because changes in cottonseed oil                                                                           substitute cottonseed oil for some
                                                                                                             unfilled demand for vegetable oil will
                                                    prices are unlikely to affect overall                                                                          amount of soybean oil and produce the
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                             most likely be met with increased
                                                    cotton production decisions, it is highly                                                                      same volume of fuel as before. Second,
                                                                                                             consumption of other vegetable oils, for
                                                    unlikely that the use of cottonseed oil as                                                                     they may at times use low-priced
                                                                                                             the reasons outlined in the next section.
                                                    a biofuel feedstock will significantly                                                                         cottonseed oil to increase their total
                                                                                                             3. Replacement of Cottonseed Oil in                   volume of fuel production. While the
                                                      18 United  States Department of Agriculture,           Vegetable Oil Markets                                 market response is likely to be some
                                                    ‘‘National Agricultural Statistical Service
                                                    Database’’, available at: http://
                                                                                                                As noted in Section II.A.1 above,                  combination of both scenarios, for this
                                                    quickstats.nass.usda.gov/ (Last Accessed: June 2nd,      cottonseed oil demand in the U.S. tends               analysis we have assumed the more
                                                                                                             to be inelastic until the needs of                    conservative scenario from a lifecycle
                                                                                                                                                                                                                EN14JY15.013</GPH>




                                                    2015).



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                                                                                    Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Notices                                                       41039

                                                    GHG perspective. This second scenario                    the agricultural sector more broadly. In                 emissions associated with an increase in
                                                    is more conservative because in the first                the modeling we conducted for the                        soybean oil in our lifecycle analysis for
                                                    scenario the displaced soybean oil could                 March 2010 rule, we projected that the                   cottonseed oil. In the March 2010 rule,
                                                    backfill in other vegetable oil markets                  use of soybean oil for biofuel feedstock                 we determined that the GHG emissions
                                                    for the cottonseed oil consumed for                      would cause a global increase in                         associated with soybean oil at the
                                                    biofuel production and total vegetable                   vegetable oil production. In that                        feedstock production and transport
                                                    oil production is unlikely to change. In                 analysis, we projected that the majority                 stages of the lifecycle were
                                                    the second scenario, where total biofuel                 of this increase would come in the form                  approximately 646 grams of carbon
                                                    production increases, cottonseed oil is                  of additional soybean oil production,                    dioxide equivalent (gCO2e) per pound of
                                                    being diverted away from some other                      but that additional canola, palm,                        soybean oil.22 Based on our evaluation,
                                                    use, creating a shortfall in vegetable oil               peanut, and sunflower oil production                     we believe that it is reasonable, as a
                                                    supplies for some portion of the market.                 would also occur in some parts of the                    conservative estimate, to apply the same
                                                    Either prices for vegetable oil will rise                world, with secondary impacts on other                   value for the emissions associated with
                                                    (in which case it is less likely that                    parts of the agricultural sector.20                      cottonseed oil at the feedstock
                                                    biofuel producers would still consume                    Therefore, by assuming that cottonseed                   production and transport stages of the
                                                    the cottonseed oil, since they were only                 oil would have similar indirect impacts                  lifecycle. We invite comment on this
                                                    purchasing it because of the low price)                  on other vegetable oils, our analysis                    approach.
                                                    or additional vegetable oil will need to                 takes into account the ripple effects in
                                                                                                                                                                      B. Summary of Agricultural Sector GHG
                                                    be supplied. In either case, the GHG                     the vegetable oil and other agricultural
                                                                                                                                                                      Emissions
                                                    emissions will be greater in the second                  markets resulting from an increase in
                                                    scenario, where there is an incentive to                 biofuel demand in the U.S. We invite                       Based on our comparison of
                                                    expand crop production. If the results of                comment on this approach.                                cottonseed oil to soybean oil, EPA
                                                    analyzing the conservative scenario                                                                               proposes to apply the estimate of
                                                                                                             4. Upstream GHG Implications of                          upstream soybean oil feedstock
                                                    associated with greater GHG emissions                    Cottonseed Oil Use as a Biofuel                          production and transport emissions,
                                                    indicates that biofuels produced from                    Feedstock
                                                    cottonseed oil satisfy the 50 percent                                                                             including indirect agricultural and
                                                    lifecycle GHG emissions reduction                           Our analysis indicates that the most                  forestry sector impacts, to future
                                                    requirement for biomass-based diesel                     likely market impact of the use of                       evaluations of petitions proposing to use
                                                    and advanced biofuels, we can conclude                   cottonseed oil as biofuel feedstock is                   cottonseed oil as a feedstock for biofuel
                                                    that the threshold determination would                   some feedstock swapping between                          production. We believe this approach
                                                    be the same under the less conservative                  cottonseed oil and soybean oil and some                  will provide a conservative estimate of
                                                    but more likely scenario.                                increase in total biofuel production from                potential emissions associated with the
                                                       If the use of cottonseed oil for biofuel              vegetable oil, as explained in the                       production and transport of cottonseed
                                                    does create an increase in total demand                  previous section. However, as a                          oil. EPA solicits comment on this
                                                    for vegetable oil, we believe the direct                 conservative assumption, we assume in                    proposed approach.
                                                    result will be a corresponding increase                  our analysis that any use of cottonseed                  C. Fuel Production and Distribution
                                                    in soybean oil consumption in the                        oil as biofuel feedstock will result in an
                                                    United States. As we established above,                  increase in total biofuel production and                    Cottonseed oil has physical properties
                                                    cotton farmers are unlikely to respond                   that there would be a corresponding                      that are similar to soybean oil, and is
                                                                                                             increase in U.S. demand for vegetable                    suitable for the same conversion
                                                    to increased demand for cottonseed oil.
                                                                                                             oil. In such a hypothetical situation, the               processes as soybean oil feedstock. In
                                                    Instead, we are likely to see an increase
                                                                                                             alternative product used by marginal                     addition, the fuel yield per pound of oil
                                                    in production of the vegetable oil most
                                                                                                             U.S. consumers of vegetable oil is likely                is expected to be the same for each of
                                                    competitive with the cottonseed oil
                                                                                                             to be soybean oil. We do not expect any                  these feedstocks. After reviewing
                                                    being diverted to biofuel feedstock use.
                                                                                                             shift in the supply of cotton or                         comments received in response to this
                                                    Based on consultation with oilseed
                                                                                                             cottonseed oil. The GHG emissions                        action, we will combine our evaluation
                                                    market experts at USDA and recent
                                                                                                             associated with cottonseed oil at the                    of agricultural sector GHG emissions
                                                    historical data (see Section II.A.1),
                                                                                                             feedstock production and transport                       associated with the use of cottonseed oil
                                                    which shows cottonseed oil prices
                                                                                                             stages of the lifecycle are likely to be                 feedstock with our evaluation of the
                                                    tracking soybean oil prices, the marginal                                                                         GHG emissions associated with
                                                    users of cottonseed oil are largely                      similar to or less than those we have
                                                                                                             previously estimated for soybean oil on                  individual producers’ production
                                                    indifferent between cottonseed and                                                                                processes and finished fuels to
                                                    soybean oil when they approach price                     a normalized basis.21 Therefore, we are
                                                                                                             proposing to use the upstream GHG                        determine whether any proposed
                                                    parity.19 Therefore, it follows that if                                                                           pathway satisfies CAA lifecycle GHG
                                                    vegetable oil is needed to backfill for                                                                           emissions reduction requirements for
                                                                                                               20 See EPA–HQ–OAR–2005–0161–3173.9 and
                                                    cottonseed oil used as biofuel, soybean                                                                           RFS-qualifying renewable fuels. Each
                                                                                                             EPA–HQ–OAR–2005–0161–3173.10 for more
                                                    oil would be the most likely vegetable                   information.
                                                    oil to meet this demand in the United                      21 EPA’s lifecycle analysis of soybean oil biodiesel      22 EPA’s soybean oil biodiesel assessment uses a
                                                    States.                                                  for the March 2010 RFS rule evaluated the GHG            biodiesel conversion efficiency of 7.76 pounds of
                                                       To the extent that soybean oil is used                impacts for a scenario with increased soybean oil        soybean oil per gallon of biodiesel, and biodiesel
                                                    to satisfy U.S. domestic demand for                      biodiesel production compared to a control case. To      lower heating value of 118,000 British Thermal
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                             calculate the results on a normalized basis for the      Units (Btu) per gallon. Therefore, GHG emissions of
                                                    vegetable oil that would have otherwise                  scenario evaluated, we divide the increase in GHG        646 gCO2e/lb soybean oil converts to 41,247 gCO2e
                                                    been met with cottonseed oil, there                      emissions by the increase in the amount of soybean       per million Btu of soybean oil biodiesel. This value
                                                    would likely be secondary impacts on                     oil used for biodiesel production, which gives the       includes the emissions associated with soybean oil
                                                    the production and consumption of                        normalized results in units of gCO2e per pound of        delivered to a biodiesel production facility,
                                                                                                             soybean oil. The lifecycle GHG analysis that EPA         including the emissions from growing and
                                                    other vegetable oils internationally and                 conducted for the March 2010 RFS rule for biofuel        harvesting the soybeans, transporting the soybeans
                                                                                                             derived from soybean oil feedstock is described in       to a crushing facility, extracting the soybean oil,
                                                      19 Based on conversations with Michael Dowd of         section 2.6.1.3 (Biodiesel Results) of the Regulatory    transporting the soybean oil to a biodiesel facility,
                                                    the USDA Agricultural Research Service on                Impact Analysis for the March 2010 RFS rule (EPA–        and all of the significant indirect emissions such as
                                                    December 30th, 2014 and June 17th, 2015.                 420–R–10–006).                                           from land use change.



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                                                    41040                           Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Notices

                                                    biofuel producer seeking to generate                     80.1416 which use cottonseed oil as a                 III. Docket Information
                                                    RINs for non-grandfathered volumes of                    feedstock.
                                                    biofuel produced from cottonseed oil                                                                              A docket, identified by the docket
                                                                                                               Dated: June 30, 2015.                               identification (ID) number EPA–HQ–
                                                    will first need to submit a petition                     Christopher Grundler,
                                                    requesting EPA’s evaluation of their                                                                           OPPT–2013–0677, has been established
                                                                                                             Director, Office of Transportation and Air            for this Federal Register document that
                                                    new renewable fuel pathway pursuant                      Quality, Office of Air and Radiation.
                                                    to 40 CFR 80.1416 of the RFS                                                                                   announces the receipt of data. Upon
                                                    regulations, and include all of the
                                                                                                             [FR Doc. 2015–17262 Filed 7–13–15; 8:45 am]           EPA’s completion of its quality
                                                                                                             BILLING CODE 6560–50–P                                assurance review, the test data received
                                                    information specified at 40 CFR
                                                                                                                                                                   will be added to the docket for the
                                                    80.1416(b)(1). Because EPA is
                                                                                                                                                                   TSCA section 4 test rule that required
                                                    evaluating the greenhouse gas emissions                  ENVIRONMENTAL PROTECTION                              the test data. Use the docket ID number
                                                    associated with the production and                       AGENCY                                                provided in Unit IV. to access the test
                                                    transport of cottonseed oil feedstock
                                                                                                                                                                   data in the docket for the related TSCA
                                                    through this action and comment                          [EPA–HQ–OPPT–2013–0677; FRL–9929–99]                  section 4 test rule.
                                                    process, petitions requesting EPA’s
                                                    evaluation of biofuel pathways                           Receipt of Test Data Under the Toxic                     The docket for this Federal Register
                                                    involving cottonseed oil feedstock will                  Substances Control Act                                document and the docket for each
                                                    not have to include the information for                                                                        related TSCA section 4 test rule is
                                                    new feedstocks specified at 40 CFR                       AGENCY: Environmental Protection                      available electronically at http://
                                                    80.1416(b)(2).23 Based on our evaluation                 Agency (EPA).                                         www.regulations.gov or in person at the
                                                    of the lifecycle GHG emissions                           ACTION: Notice.                                       Office of Pollution Prevention and
                                                    attributable to the production and                                                                             Toxics Docket (OPPT Docket),
                                                                                                             SUMMARY:   EPA is announcing its receipt              Environmental Protection Agency
                                                    transport of cottonseed oil feedstock,
                                                                                                             of test data submitted pursuant to a test             Docket Center (EPA/DC), West William
                                                    EPA anticipates that fuel produced from
                                                                                                             rule issued by EPA under the Toxic                    Jefferson Clinton Bldg., Rm. 3334, 1301
                                                    cottonseed oil feedstock through the
                                                                                                             Substances Control Act (TSCA). As                     Constitution Ave. NW., Washington,
                                                    same transesterification or hydrotreating
                                                                                                             required by TSCA, this document                       DC. The Public Reading Room is open
                                                    process technologies that EPA evaluated
                                                                                                             identifies each chemical substance and/               from 8:30 a.m. to 4:30 p.m., Monday
                                                    for the March 2010 RFS rule for biofuel
                                                                                                             or mixture for which test data have been              through Friday, excluding legal
                                                    derived from soybean oil and the March
                                                                                                             received; the uses or intended uses of                holidays. The telephone number for the
                                                    2013 RFS rule for biofuel derived from
                                                                                                             such chemical substance and/or                        Public Reading Room is (202) 566–1744,
                                                    camelina oil would qualify for biomass-
                                                                                                             mixture; and describes the nature of the              and the telephone number for the OPPT
                                                    based diesel (D-code 4) renewable
                                                                                                             test data received. Each chemical                     Docket is (202) 566–0280. Please review
                                                    identification numbers (RINs) or
                                                                                                             substance and/or mixture related to this              the visitor instructions and additional
                                                    advanced biofuel (D-code 5) RINs.24
                                                                                                             announcement is identified in Unit I.                 information about the docket available
                                                    However, EPA will evaluate petitions
                                                                                                             under SUPPLEMENTARY INFORMATION.                      at http://www.epa.gov/dockets.
                                                    for fuel produced from cottonseed oil
                                                    feedstock on a case-by-case basis.                       FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                   IV. Test Data Received
                                                                                                               For technical information contact:
                                                    III. Summary                                             Kathy Calvo, Chemical Control Division                  This unit contains the information
                                                                                                             (7405M), Office of Pollution Prevention               required by TSCA section 4(d) for the
                                                       EPA invites public comment on our                     and Toxics, Environmental Protection
                                                    analysis of GHG emissions associated                                                                           test data received by EPA.
                                                                                                             Agency, 1200 Pennsylvania Ave. NW.,
                                                    with the production and transport of                     Washington, DC 20460–0001; telephone                  D-gluco-heptonic acid, monosodium
                                                    cottonseed oil as a feedstock for biofuel                number: (202) 564–8089; email address:                  salt, (2.xi.)—(CAS RN 31138–65–5).
                                                    production. EPA will consider public                     calvo.kathy@epa.gov.                                     1. Chemical Uses: Organic salt used as
                                                    comments received when evaluating the                      For general information contact: The                a chelating agent in cosmetics, dairy
                                                    lifecycle GHG emissions of biofuel                       TSCA-Hotline, ABVI-Goodwill, 422                      cleaners, bottle cleaners, food contact
                                                    production pathways described in                         South Clinton Ave., Rochester, NY                     paper and paperboard, manufacturing,
                                                    petitions received pursuant to 40 CFR                    14620; telephone number: (202) 554–                   metal cleaning, kier boiling, caustic
                                                                                                             1404; email address: TSCA-Hotline@                    boil-off, paint stripping, boiler water
                                                       23 For information on how to submit a petition for
                                                                                                             epa.gov.                                              additive for food processing, and as an
                                                    biofuel produced from cottonseed oil see EPA’s
                                                    Web page titled ‘‘How to Submit a Complete               SUPPLEMENTARY INFORMATION:
                                                                                                                                                                   ingredient in aluminum etchant. This
                                                    Petition’’ (http://www.epa.gov/otaq/fuels/                                                                     chemical is also used as a sequestrant,
                                                    renewablefuels/new-pathways/how-to-submit.htm)           I. Chemical Substances and/or Mixtures                latex stabilizer, and in intravenous
                                                    including the document on that Web page titled                                                                 pharmaceuticals.
                                                    ‘‘How to Prepare a Complete Petition.’’ Petitions for      Information about the following
                                                    biofuel produced from cottonseed oil should              chemical substances and/or mixtures is                   2. Applicable Test Rule: Chemical
                                                    include all of the applicable information outlined       provided in Unit IV.:                                 testing requirements for second group of
                                                    in Section 3 of the ‘‘How to Prepare a Complete                                                                high production volume chemicals
                                                    Petition’’ document, but they do not need to             D-gluco-heptonic acid, monosodium
                                                    provide the information outlined in section 3(F)(2)        salt, (2.xi.)—(CAS RN 31138–65–5).                  (HPV2), 40 CFR 799.5087.
                                                    (Information for New Feedstocks).                                                                                 3. Test Data Received: The following
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                       24 The transesterification process that EPA           II. Federal Register Publication                      listing describes the nature of the test
                                                    evaluated for the March 2010 RFS rule for biofuel        Requirement                                           data received. The test data will be
                                                    derived from soybean oil feedstock is described in
                                                    section 2.4.7.3 (Biodiesel) of the Regulatory Impact       Section 4(d) of TSCA (15 U.S.C.                     added to the docket for the applicable
                                                    Analysis for the March 2010 RFS rule (EPA–420–           2603(d)) requires EPA to publish a                    TSCA section 4 test rule and can be
                                                    R–10–006). The hydrotreating process that EPA            notice in the Federal Register reporting              found by referencing the docket ID
                                                    evaluated for the March 2013 rule for biofuel
                                                    derived from camelina oil feedstock is described in
                                                                                                             the receipt of test data submitted                    number provided. EPA reviews of test
                                                    section II.A.3.b of the March 2013 rule (78 FR           pursuant to test rules promulgated                    data will be added to the same docket
                                                    14190).                                                  under TSCA section 4 (15 U.S.C. 2603).                upon completion.


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Document Created: 2018-02-23 09:19:26
Document Modified: 2018-02-23 09:19:26
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 August 13, 2015.
ContactChristopher Ramig, Office of Transportation and Air Quality, Mail Code: 6401A, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW., 20460; telephone
FR Citation80 FR 41033 

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