82 FR 61205 - Proposed Rule; Renewable Fuel Standard Program; Grain Sorghum Oil Pathway
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 247 (December 27, 2017)
Federal Register Volume 82, Issue 247 (December 27, 2017)
| Page Range | 61205-61213 | |
| FR Document | 2017-27946 |
[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)] [Proposed Rules] [Pages 61205-61213] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-27946] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 80 [EPA-HQ-OAR-2017-0655; FRL-9972-59-OAR] RIN 2060-AT82 Proposed Rule; Renewable Fuel Standard Program; Grain Sorghum Oil Pathway AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: In this proposed rule, the Environmental Protection Agency (EPA) is providing an opportunity to comment on an analysis of the lifecycle greenhouse gas (GHG) emissions associated with certain biofuels that are produced from grain sorghum oil extracted at dry mill ethanol plants at any point downstream from sorghum grinding, also known as distiller sorghum oil. EPA seeks comment on its proposed assessment that using distillers sorghum oil as feedstock results in no significant agricultural sector GHG emissions; and that biodiesel and heating oil produced from distillers sorghum oil via a transesterification process, and renewable diesel, jet fuel, heating oil, naphtha, and liquefied petroleum gas (LPG) produced from distillers sorghum oil via a hydrotreating process, would meet the lifecycle GHG emissions reduction threshold of 50 percent required for advanced biofuels, and biomass-based diesel under the Renewable Fuel Standard program. Based on these analyses, EPA is proposing to amend the RFS program regulations to define the term ``distillers sorghum oil''. We also propose to add to the regulations approved pathways from the production of biodiesel and heating oil from distillers sorghum oil via a transesterification process, and renewable diesel, jet fuel, heating oil, naphtha, and liquefied petroleum gas (LPG) produced from distillers sorghum oil via a hydrotreating process. DATES: Comments must be received on or before January 26, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ- OAR-2017-0655, at http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or withdrawn from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be [[Page 61206]] Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Diana Galperin, Office of Air and Radiation, Office of Transportation and Air Quality, Mail Code: 6401A, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; telephone number: 202-564-5687; email address: [email protected]. SUPPLEMENTARY INFORMATION: Outline of This Preamble I. General Information II. Public Participation III. Introduction IV. Analysis of GHG Emissions Associated With Production of Biofuels From Distillers Sorghum Oil A. Overview of Distillers Sorghum Oil B. Analysis of Lifecycle GHG Emissions 1. Livestock Sector Impacts 2. Feedstock Production 3. Feedstock Transport 4. Feedstock Pretreatment 5. Fuel Production 6. Fuel Distribution 7. Fuel Use 8. Results of GHG Lifecycle Analysis V. Consideration of Lifecycle Analysis Results VI. Summary VII. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs C. Paperwork Reduction Act D. Regulatory Flexibility Act (RFA) E. Unfunded Mandates Reform Act (UMRA) F. Executive Order 13132: Federalism G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use J. National Technology Transfer Advancement Act (NTTAA) K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations I. General Information A. Does this action apply to me? Entities potentially affected by this proposed rule are those involved with the production, distribution, and sale of transportation fuels, including gasoline and diesel fuel or renewable fuels such as ethanol, biodiesel, heating oil, renewable diesel, naphtha and liquefied petroleum gas. Potentially regulated categories include: ------------------------------------------------------------------------ Examples of potentially affected entities NAICS \1\ codes ------------------------------------------------------------------------ Sorghum Farming.................. 11119, 111191, 111199 Petroleum refineries (including 324110 importers).. Ethyl alcohol manufacturing...... 325193 Other basic organic chemical 325199 manufacturing.. Chemical and allied products 424690 merchant wholesalers.. Petroleum Bulk Stations and 424710, 424720 Terminals; Petroleum. Other fuel dealers............... 454310 ------------------------------------------------------------------------ This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. This table lists the types of entities that the EPA is now aware could potentially be affected by this action. Other types of entities not listed in the table could also be affected. To determine whether your entity is regulated by this action, you should carefully examine the applicability criteria in the referenced regulations. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed in the FOR FURTHER INFORMATION CONTACT section. --------------------------------------------------------------------------- \1\ North American Industry Classification System. --------------------------------------------------------------------------- B. What action is the Agency taking? EPA is proposing to amend the RFS program regulations to define the term ``distillers sorghum oil'' as oil from grain sorghum that is extracted at a dry mill ethanol plant at any location downstream of grinding the grain sorghum kernel, provided that the grain sorghum is converted to ethanol, the oil is rendered unfit for food uses without further refining, and the distillers grains resulting from the dry mill and oil extraction processes are marketable as animal feed. We also propose to add to Table 1 to 80.1426(f), approved pathways from the production of biodiesel and heating oil from distillers sorghum oil via a transesterification process, and renewable diesel, jet fuel, heating oil, naphtha, and liquefied petroleum gas (LPG) produced from distillers sorghum oil via a hydrotreating process. Alternatively, or in addition, EPA may consider the comments it receives in response to this document in evaluating facility-specific pathway petitions submitted pursuant to 40 CFR 80.1416 that propose using distillers sorghum oil to make biofuel. C. What is the Agency's authority for taking this action? Statutory authority for this action comes from Clean Air Act sections 114, 208, 211, and 301. II. Public Participation EPA will not hold a public hearing on this matter unless a request is received by the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble by January 11, 2018. If EPA receives such a request, we will publish information related to the timing and location of the hearing and a new deadline for public comment. III. Introduction Section 211(o) of the Clean Air Act (CAA) establishes the Renewable Fuel Standard (RFS) program, under which EPA sets annual percentage standards specifying the amount of renewable fuel, as well as three subcategories of renewable fuel, that must be used to reduce or replace fossil fuel present in transportation fuel, heating oil, or jet [[Page 61207]] fuel. Non-exempt \2\ renewable fuels must achieve at least a 20 percent reduction in lifecycle GHG emissions as compared to a 2005 petroleum baseline. Advanced biofuel and biomass-based diesel must achieve at least a 50 percent reduction, and cellulosic biofuel must achieve at least a 60 percent reduction. --------------------------------------------------------------------------- \2\ A baseline volume of renewable fuel produced from facilities that commenced construction on or before December 19, 2007, and which completed construction by December 19, 2010 without an 18- month hiatus in construction, is exempt from the minimum 20 percent GHG reduction requirement that otherwise applies to renewable fuel. In addition, a baseline volume of ethanol from facilities that commenced construction after December 19, 2007, and on or before December 31, 2009, qualifies for the same exemption if construction was completed within 36 months without an 18-month hiatus in construction; the facility was fired with natural gas, biomass, or any combination thereof, at all times the facility operated between December 19, 2007 and December 31, 2009; and the baseline volume continues to be produced through processes fired with natural gas, biomass, or any combination thereof. --------------------------------------------------------------------------- In addition to the lifecycle GHG reduction requirements, renewable identification numbers (RINs) may only be generated if the fuel meets the other definitional criteria for renewable fuel (e.g., produced from renewable biomass as defined in the regulations, and used to reduce or replace the quantity of fossil fuel present in transportation fuel, heating oil, or jet fuel) in CAA section 211(o) and the RFS regulations at 40 CFR part 80 subpart M. Since the formation of the RFS program, EPA has periodically promulgated rules to add new pathways to the regulations.\3\ In addition, EPA has approved facility-specific pathways through the petition process in 40 CFR 80.1416. There are three critical components of approved fuel pathways under the RFS program: (1) Fuel type; (2) feedstock; and (3) production process. Each pathway is associated with a specific ``D code'' depending on whether the fuel meets the requirements for renewable fuel, advanced fuel, cellulosic fuel, or biomass-based diesel. --------------------------------------------------------------------------- \3\ Please see information on Pathways I and Pathways II in 40 CFR part 80 subpart M, and in the Federal Register at 78 FR 14190 (March 5, 2013) and 79 FR 42128 (July 18, 2014). More information on these can be found at: https://www.epa.gov/renewable-fuel-standard-program/final-rule-identify-additional-fuel-pathways-under-renewable-fuel and https://www.epa.gov/renewable-fuel-standard-program/renewable-fuel-pathways-ii-final-rule-identify-additional-fuel. --------------------------------------------------------------------------- EPA's lifecycle analyses are used to assess the overall GHG emissions 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. Lifecycle analysis includes an assessment of emissions related to the full fuel lifecycle, including feedstock production, feedstock transportation, fuel production, fuel transportation and distribution, and tailpipe emissions. Per the CAA definition of lifecycle GHG emissions, EPA's lifecycle analyses also include an assessment of significant indirect emissions, such as those from land use changes and agricultural sector impacts. EPA received a petition from the National Sorghum Producers (NSP), submitted under partial claims of confidential business information (CBI), requesting that EPA evaluate the GHG emissions associated with biofuels produced using grain sorghum oil derived from dry mill ethanol production as a feedstock, and that EPA provide a determination of the renewable fuel categories, if any, for which such biofuels may be eligible. In this action, EPA is proposing to amend the RFS program regulations to define the term ``distillers sorghum oil'' as oil from grain sorghum that is extracted at a dry mill ethanol plant at any location downstream of grinding the grain sorghum kernel, provided that the grain sorghum is converted to ethanol, the oil is rendered unfit for food uses without further refining, and the distillers grains resulting from the dry mill and oil extraction processes are marketable as animal feed. We also propose to add to Table 1 to 40 CFR 80.1426(f), approved pathways from the production of biodiesel and heating oil from distillers sorghum oil via a transesterification process, and renewable diesel, jet fuel, heating oil, naphtha, and LPG produced from distillers sorghum oil via a hydrotreating process. Alternatively, or in addition, EPA may consider the comments it receives in response to this document in evaluating facility-specific pathway petitions submitted pursuant to 40 CFR 80.1416 that propose using distillers sorghum oil to make biofuel. This preamble describes EPA's analysis of the GHG emissions associated with distillers sorghum oil when used to produce specified biofuels. The analysis considers a scenario where distillers sorghum oil is extracted from distillers grains with solubles (DGS) at dry mill plants that produce ethanol from grain sorghum and where the remaining reduced-oil DGS co-product is used as animal feed. The distillers sorghum oil is then used as a feedstock for conversion into certain biofuels. As described in Section IV of this preamble, we estimate that the lifecycle GHG emissions associated with the production of biodiesel and heating oil produced from distillers sorghum oil via a transesterification process, and renewable diesel, jet fuel, naphtha, and LPG, produced from distillers sorghum oil via a hydrotreating process, are approximately 80 percent less than the lifecycle GHG emissions associated with the baseline petroleum fuels they would replace. Based on these results, we propose to find that these biofuels would meet the 50 percent GHG reduction threshold required for advanced biofuel and biomass-based diesel. We also anticipate that heating oil produced through transesterification or hydrotreating from distillers sorghum oil would meet the 50 percent GHG emission reduction threshold required for advanced biofuel and biomass-based diesel.\4\ EPA is seeking public comment on its analyses of the lifecycle GHG emissions related to biofuels produced from distillers sorghum oil. --------------------------------------------------------------------------- \4\ As defined in the RFS regulations at 40 CFR 80.1401, biomass-based diesel excludes renewable fuel that is co-processed with petroleum. Such fuel may qualify as advanced biofuel if it meets the 50 percent GHG reduction threshold. --------------------------------------------------------------------------- IV. Analysis of GHG Emissions Associated With Production of Biofuels From Distillers Sorghum Oil A. Overview of Distillers Sorghum Oil Dry mill ethanol plants grind and ferment grain sorghum, produce ethanol from the fermented grain sorghum starch, and also produce a DGS co-product (made of non-fermentable solids, solubles syrup, and sorghum oil) that is sold as a type of livestock feed. A portion of the oil that would otherwise reside in the DGS can be extracted at the ethanol plant, typically through gravimetric methods. At dry mill ethanol plants, sorghum oil is recovered through methods nearly identical to that of corn oil extracted from DGS, and corn and sorghum oil extraction can occur at the same facilities. EPA has approved pathways for the production of ethanol from grain sorghum made through a dry mill process as qualifying for renewable fuel (D code 6) RINs, and in some cases advanced biofuel (D code 5) RINs, depending on process energy sources used during production.\5\ However, the regulations do not currently include pathways for the production of other biofuels from grain sorghum. According to the U.S. Department of Agriculture (USDA), the largest regions for grain sorghum production in the United States are located in Texas, Oklahoma, and Kansas.\6\ Currently about 30 percent [[Page 61208]] of grain sorghum grown, or 120 million bushels a year, goes towards ethanol production.\7\ For comparison, in recent years over 5,200 million bushels of corn have been used for ethanol production annually.\8\ Distillers sorghum oil is still a relatively niche product, and the NSP petition anticipates a potential of 12 to 21 million ethanol-equivalent gallons of fuel to be produced from the oil per year. --------------------------------------------------------------------------- \5\ Table 1 to 40 CFR 80.1426, Rows R and S. \6\ USDA, NASS, ``Sorghum for Grain 2016 Harvested Acres by County for Selected States,'' https://www.nass.usda.gov/Charts_and_Maps/graphics/AS-HA-RGBChor.pdf. \7\ Sorghum Checkoff, ``Renewables,'' http://www.sorghumcheckoff.com/market-opportunities/renewables, accessed 09-05-2017. \8\ USDA, ERS, ``Table 5-- Corn supply, disappearance, and share of total corn used for ethanol,'' U.S. Bioenergy Statistics, https://www.ers.usda.gov/data-products/us-bioenergy-statistics/us-bioenergy-statistics/#Feedstocks, accessed 09-05-2017. --------------------------------------------------------------------------- We propose to define distillers sorghum oil to mean oil recovered at a point downstream of where a dry mill grain sorghum ethanol plant grinds the grain sorghum, provided that the grain sorghum is converted to ethanol, the oil is rendered unfit for food uses without further refining, and the distillers grains resulting from the dry mill and oil extraction processes are marketable as animal feed. So long as these criteria are met, a variety of recovery methods could be implemented. For example, this would include recovery of sorghum oil before fermentation from the slurry or from liquefaction tanks. It would also include recovery of sorghum oil after fermentation from the thin stillage and/or DGS. Further, it would also include recovery of sorghum oil by a third-party from DGS produced by a dry mill sorghum ethanol plant. B. Analysis of Lifecycle GHG Emissions EPA evaluated the GHG emissions associated with using distillers sorghum oil as a biofuel feedstock based on information provided by the petitioner and other available data sources. GHG emissions include emissions from production and transport of distillers sorghum oil; the processing of the oil into biofuel; transport of the biofuel from the production facility to the fuel-blender; and, ultimately the use of the biofuel by the end consumer. The methodology EPA used for this analysis is generally the same approach used for the March 2010 RFS rule for lifecycle analyses of several other biofuel feedstocks, such as distillers corn oil and yellow grease.\9\ We believe that applying the same methodology for these feedstocks is appropriate given similarities in how these feedstocks are produced, transported and processed into biofuel. These similarities are explained further in this section. --------------------------------------------------------------------------- \9\ The March 2010 RFS rule preamble (75 FR 14670, March 26, 2010) and Regulatory Impact Analysis (RIA) (EPA-420-R-10-006) provide further discussion of our approach. These documents are available online at https://www.epa.gov/renewable-fuel-standard-program/renewable-fuel-standard-rfs2-final-rule-additional-resources. --------------------------------------------------------------------------- EPA's lifecycle analyses include upstream emissions, which include the significant direct and indirect GHG emissions (including such emissions from land use changes) associated with producing a feedstock and transporting it to the processing facility. All of the upstream emissions were calculated and taken into account in EPA's evaluation of the lifecycle GHG emissions associated with grain sorghum ethanol.\10\ Based on our analysis, producing distillers sorghum oil at a dry mill ethanol plant converting grain sorghum to ethanol, and using the extracted sorghum oil as a biofuel feedstock does not result in additional upstream emissions, compared to the upstream emissions that have already been calculated and attributed to grain sorghum ethanol. Further, based on our analysis, the production of distillers sorghum oil does not significantly impact the upstream emissions associated with grain sorghum ethanol. While producing distillers sorghum oil may impact livestock markets, through the effects of de-oiling DGS, we discuss in the next section why, based on the data we have reviewed, we do not anticipate this to cause any significant indirect impacts. We welcome comments on this data and analysis. --------------------------------------------------------------------------- \10\ See the December 2012 grain sorghum ethanol rule (77 FR 74592). --------------------------------------------------------------------------- 1. Livestock Sector Impacts During a typical dry mill ethanol production process, DGS are produced. These DGS are then used as animal feed, thereby displacing feed crops and the GHG emissions associated with growing and transporting those feed crops. When distillers sorghum oil is produced, DGS continue to be created with reduced oil content. A significant portion of this analysis focuses on reviewing how reduced-oil DGS compare to full-oil DGS in terms of feed values and displacement of other feeds. Chemically, full-oil and reduced-oil sorghum DGS share similar compositions, primarily made up of crude protein, fat, and natural and acid detergent fibers. Where the two products differ most significantly is in their acid detergent fiber and fat concentrations. Table IV.1 shows the key nutrients that make up dried full-oil and reduced-oil DGS. --------------------------------------------------------------------------- \11\ The chart lists the most prominent nutrients in distillers grains. Data provided by the National Sorghum Producers. Data for full-oil Sorghum DDGS is sourced from Nutrient Requirements of Swine, 2012 National Academies Press, Washington DC, pg 329. Data for reduced-oil Sorghum DDGS was calculated by National Sorghum Producers using the ratio of (1) corn DDGS, between 6 to 9 percent Oil; and (2) corn DDGS, less than 4 percent oil from Nutrient Requirements of Swine, 2012 National Academies Press, Washington, DC, pp. 266 and 267. Table IV.1--Key Nutrient Make-Up of Full-Oil and Reduced-Oil Dried Distillers Grains With Solubles (DDGS) \11\ ------------------------------------------------------------------------ Reduced- Full-oil oil Nutrient sorghum sorghum DDGS DDGS ------------------------------------------------------------------------ Crude Protein, %.................................. 30.80 31.36 Crude Fat, % (aka Ether Extract).................. 9.75 3.91 Neutral Detergent Fiber (NDF), %.................. 33.60 37.23 Acid Detergent Fiber (ADF), %..................... 22.68 31.91 Ash, %............................................ 6.62 7.60 Calcium, %........................................ 0.12 0.08 Phosphorus, %..................................... 0.76 0.96 Lysine, %......................................... 0.82 0.62 Methionine, %..................................... 0.54 0.47 Cystine, %........................................ 0.53 0.61 Tryptophan, %..................................... 0.25 0.23 ------------------------------------------------------------------------ The difference in fat values is important as crude fat concentrations impact net energy uptake by the livestock. A memorandum to the docket shows the total net energy profiles by livestock of full- oil and reduced-oil sorghum DGS.\12\ Should fat content not be at sufficient levels, livestock producers might need to add nutrients or other types of feed to meet appropriate nutritional targets. This is reflected in the ``displacement rate'' of a DGS, which indicates how much weight a pound of distillers grain can replace of another feed. A lower displacement rate for a reduced-oil distillers grain as compared to a full-oil distillers grain could result in additional GHG emissions as it suggests that additional feed is required. In the case of reduced-oil sorghum DGS, we believe that it is unlikely that additional feed will be needed to backfill for the extracted oil. --------------------------------------------------------------------------- \12\ ``Summary of Net Energy Impacts of Reduced-Oil Sorghum Dried Distillers Grains with Solubles (DDGS) on Livestock,'' Air Docket EPA-HQ-OAR-2017-0655. --------------------------------------------------------------------------- Research suggests that for poultry and swine, ``increased concentrations of free fatty acids have a negative impact on [[Page 61209]] lipid digestion and energy content.'' \13\ Free fatty acids are a class of acids that form part of a lipid molecule. Full-oil DGS typically contain higher levels of free fatty acids and thus may have a negative impact on the fat digestion of poultry and swine. This supports the conclusion that while the fat content may be lower for reduced-oil DGS, feeding values of this product should not be worse than full-oil DGS for poultry and swine. --------------------------------------------------------------------------- \13\ Kerr, B.J., W.A. Dozier, and G.C. Shurson. (2016). ``Lipid digestibility and energy content of distillers' corn oil in swine and poultry,'' Journal of Animal Science. 94:2900-2908. doi:10.2527/ jas.2016-0440, pp. 2905. --------------------------------------------------------------------------- For dairy, there are also benefits from feeding reduced-oil DGS as compared to full-oil DGS. Research on dairy cows shows that reduced-oil DGS produce a lessened likelihood of the onset of milk fat depression.\14\ Milk fat depression occurs when milk fat is reduced by 0.2 percent or more.\15\ If milk fat depression occurs over the long term, a decline in overall milk production may occur as well as worsened health conditions of the herd. High fat diets have been linked with this condition and have been shown to worsen the rumen environment of dairy cattle.\16\ Therefore, dairy producers seek to avoid high fat diets. Given the benefits of reduced-oil DGS over full-oil DGS for milk fat production, it is expected that reduced-oil DGS will be preferred over full-oil DGS by dairy producers and that displacement rates will be no worse than those of full-oil DGS. --------------------------------------------------------------------------- \14\ H.A. Ramirez-Ramirez, E. Castillo Lopez, C.J.R. Jenkins, N.D. Aluthge, C. Anderson, S.C. Fernando, K.J. Harvatine, P.J. Kononoff, (2016). ``Reduced-fat dried distillers grains with solubles reduces the risk for milk fat depression and supports milk production and ruminal fermentation in dairy cows,'' Journal of Dairy Science, Volume 99, Issue 3 Pages 1912-1928, ISSN 0022-0302, http://dx.doi.org/10.3168/jds.2015-9712. (http://www.sciencedirect.com/science/article/pii/S0022030216000515) \15\ University of Kentucky, ``Preventing Milk Fat Depression in Dairy Cows,'' https://afs.ca.uky.edu/dairy/preventing-milk-fat-depression-dairy-cows. Accessed September 8, 2018. On the herd level milk fats range from 3 to 5 percent normally. Oetzel, Garret R., ``Subacute Ruminal Acidosis in Dairy Herds: Physiology, Pathophysiology, Milk Fat Responses, and Nutritional Management.'' Preconference Seminar 7A: Dairy Herd Problem Investigation Strategies: Lameness, Cow Comfort, and Ruminal Acidosis, American Association of Bovine Practitioners, 40th Annual Conference, September 17, 2007--Vancouver, BC, Canada, https://www.vetmed.wisc.edu/dms/fapm/fapmtools/2nutr/sara1aabp.pdf pp.98. \16\ PennState Extension, ``Troubleshooting Problems with Milkfat Depression,'' August 14, 2017, https://extension.psu.edu/troubleshooting-problems-with-milkfat-depression. Accessed September 8, 2017. --------------------------------------------------------------------------- An impact on displacement rates may occur when reduced-oil instead of full-oil DGS are used for beef cattle, which has the ability to digest additional fat. Table IV.2 shows the displacement ratios for the livestock sectors where dried DGS (DDGS) are used. In this table, for instance, 1 pound of reduced-oil DDGS fed to beef cattle displaces 1.173 pounds of corn. A pound of full-oil and reduced-oil DDGS also displace equal portions (0.056 pounds) of urea. Urea is a non-protein nitrogen compound that is typically fed to cattle for aiding the production of protein by rumen microbes.\17\ These values show that for dairy, swine, and poultry, reduced-oil DDGS replace the same amounts of alternative feed despite containing less oil. --------------------------------------------------------------------------- \17\ PennState Extension, ``Urea in Beef Cattle Rations,'' August 8, 2017, https://extension.psu.edu/urea-in-beef-cattle-rations. Accessed October 18, 2017. Table IV.2--Full-Oil and Reduced-Oil Sorghum Distillers Grains With Solubles Displacement Ratios \18\ [lb of ingredient/lb of sorghum distillers grains with solubles, dry matter basis] -------------------------------------------------------------------------------------------------------------------------------------------------------- Beef cattle Dairy cattle Swine Poultry \19\ Ingredient --------------------------------------------------------------------------------------------------------------- Full-Oil Reduced-Oil Full-Oil Reduced-Oil Full-Oil Reduced-Oil Full-Oil Reduced-Oil -------------------------------------------------------------------------------------------------------------------------------------------------------- Corn.................................... 1.196 1.173 0.731 0.731 0.890 0.890 0.292 0.292 Soybean Meal............................ ............ ............ 0.633 0.633 0.095 0.095 Urea.................................... 0.056 0.056 -------------------------------------------------------------------------------------------------------------------------------------------------------- We anticipate that sorghum oil producers will seek to sell reduced- oil DGS to poultry, swine, and dairy cow producers, as these markets allow them to obtain a higher value for their product. Dairy cattle producers may be willing to pay a premium for reduced-oil distillers grains, as data suggests lower oil DGs improve milk production. Sales of reduced-oil DGS to the beef cattle market are less likely, and in these cases we anticipate that should a higher fat product be required, the fat content of the DGS could be augmented through the addition of distillers sorghum oil, thereby reducing the volumes of biofuel produced from distillers sorghum oil but not causing additional indirect GHG emissions. Therefore, we do not expect that sorghum oil extraction will have a significant impact on the feed value of DGS and thus will have no significant indirect GHG impacts per pound of DGS. We welcome comment on this assessment. --------------------------------------------------------------------------- \18\ Information provided by National Sorghum Producers, using the following sources Arora et al., (2008). Argonne National Laboratory. ``Update of distillers grains displacement ratios for corn ethanol life-cycle analysis''; Kerr et al., (2016). ``Lipid digestibility and energy content of distillers' corn oil in swine and poultry,'' Journal of Animal Science 94:2900-8.; Opheim et al., (2016). ``Biofuel feedstock and blended coproducts compared with deoiled corn distillers grains in feedlot diets: Effects on cattle growth performance, apparent total tract nutrient digestibility, and carcass characteristics,'' Journal of Animal Science 94:227.; Ramirez et al., (2016). ``Reduced-fat dried distillers grains with solubles reduces the risk for milk fat depression and supports milk production and ruminal fermentation in dairy cows,'' Journal of Dairy Science 99:1912-28. Poultry displacement ratios were provided by the National Sorghum Producers and calculated based on data from the Iowa State Extension Services, Agricultural Marketing and Resources Center, ``Estimated U.S. Dried Distillers Grains with Solubles (DDGS) Production and Use, https://www.extension.iastate.edu/agdm/crops/outlook/dgsbalancesheet.pdf. \19\ Protein sources such as soybean meal can be used to supplement sorghum DGS for poultry. --------------------------------------------------------------------------- 2. Feedstock Production Distillers sorghum oil is removed from DGS at dry mill ethanol plants using the same equipment and technologies used for corn oil extraction. Oil extraction requires thermal energy to heat the DGS and electricity to power centrifuges, pumps and other oil recovery equipment. Our analysis for the March 2010 RFS final rule,\20\ the NSP petition, and two studies,21 22 indicate that although extracting oil from DGS uses thermal [[Page 61210]] energy, it also leads to relatively less thermal energy being used later in the process to dry the DGS, resulting in an overall negligible change in thermal energy requirements for plants that dry their DGS. Our analysis here includes both the thermal and electrical energy requirements to remove the distillers sorghum oil. We do not account for the reduction in thermal energy needed for DGS drying mentioned above, so this can be viewed as a conservative approach (i.e., resulting in higher estimated GHG emissions) for plants that dry their DGS.\23\ Based on data reviewed by EPA,\24\ we assume 200 Btu (British thermal units) of grid electricity and 800 Btu of natural gas are used to extract distillers sorghum oil from DGS, per pound of distillers sorghum oil extracted. These parameters are based on energy requirements associated with extracting oil from DGS at dry mill ethanol plants, but we believe they are also appropriate and conservative in cases where the oil is extracted at any point downstream from sorghum grinding. --------------------------------------------------------------------------- \20\ See section 1.4.1.3 of USEPA (2010). Renewable fuel standard program (RFS2) regulatory impact analysis. U.S. Environmental Protection Agency Office of Transportation Air Quality, EPA-420-R-10-006. Washington, DC. https://www.epa.gov/sites/production/files/2015-08/documents/420r10006.pdf. \21\ Wang, Z., et al. (2015). ``Influence of corn oil recovery on life-cycle greenhouse gas emissions of corn ethanol and corn oil biodiesel.'' Biotechnology for Biofuels 8(1): 178. \22\ Mueller, S., Kwik, J. (2013). ``2012 Corn Ethanol: Emerging Plant Energy and Environmental Technologies.'' \23\ The purpose of lifecycle assessment under the RFS program is not to precisely estimate lifecycle GHG emissions associated with particular biofuels, but instead to determine whether or not the fuels satisfy specified lifecycle GHG emissions thresholds to qualify as one or more of the four types of renewable fuel specified in the statute. Where there are a range of possible outcomes and the fuel satisfies the GHG reduction requirements when ``conservative'' assumptions are used, then a more precise quantification of the matter is not required for purposes of a pathway determination. \24\ See sources referenced in footnotes 20 and 21 for energy use associated with oil extraction, and California Air Resources Board (2014). ``California-Modified GREET Fuel Pathway: Biodiesel Produced in the Midwestern and the Western U.S. from Corn Oil Extracted at Dry Mill Ethanol Plants that Produce Wet Distiller's Grains with Solubles.'' Staff Summary, Method 1 Fuel Pathway. --------------------------------------------------------------------------- As discussed above, we do not expect sorghum oil extraction to significantly change the feed value of DGS on a per pound basis. According to the NSP petition, grain sorghum oil yields should be 0.67 pounds per bushel of grain sorghum feedstock.\25\ EPA's modeling for the December 2012 grain sorghum ethanol final rule (77 FR 74592) assumed average dried DGS yield of 17 pounds per bushel of grain sorghum feedstock. Thus, sorghum oil extraction may reduce the total mass of DGS produced by up to approximately 4 percent. If full-oil and reduced-oil DGS have equivalent feed value on a per pound basis, we would expect a reduction in the total mass of DGS produced to impact livestock feed markets and result in a net increase in GHG emissions if production of other feed crops (e.g., corn, soybeans) increased to backfill the lost DGS, given that producing additional corn and soybeans would result in more GHG emissions.\26\ However, if reduced- oil DGS are more beneficial than full oil DGS for dairy cows, on a per pound of DGS basis, that could offset some or all of the impacts associated with the DGS mass reduction. The information currently available makes the magnitude of these countervailing impacts difficult to determine, and we did not include any emissions impacts from DGS mass reduction in our lifecycle GHG analysis of biofuels produced from distillers sorghum oil. We invite comment on our analysis of the GHG emissions associated with extracting sorghum oil from DGS. --------------------------------------------------------------------------- \25\ NSP petition, section F.2.iv \26\ For example, the California Air Resources Board (CARB) estimated this impact would be approximately 10 kgCO2 e/ mmBtu of biodiesel produced from distillers corn oil (https://www.arb.ca.gov/fuels/lcfs/2a2b/apps/co_bd_wdgs-rpt-102414.pdf). Applying such an impact to our analysis of biofuels produced from distillers sorghum oil would not change the GHG thresholds results for the biofuels produced from distillers sorghum oil evaluated in this document. --------------------------------------------------------------------------- 3. Feedstock Transport In our analysis, distillers sorghum oil is transported 50 miles by heavy duty truck from the dry mill ethanol plant to the biodiesel or hydrotreating facility where it is converted to transportation fuel. GHG emissions associated with feedstock transport are relatively small, and modest changes in transport distance are unlikely to affect the results of our analysis. 4. Feedstock Pretreatment For emissions from feedstock pretreatment and fuel production, we perform two analyses. In the first analysis, we calculate the emissions from biodiesel produced using transesterification. In the second analysis, we calculate the emissions from renewable diesel, jet fuel, LPG, and naphtha, produced using hydrotreating. In Section V below, we then explain how similar results can be inferred for heating oil. Before distillers sorghum oil is converted to biodiesel via transesterification, it is processed to remove free-fatty acids. This process requires thermal energy. Our evaluation of yellow grease for the March 2010 RFS final rule included 14,532 Btu of natural gas per gallon of biodiesel produced for pretreatment, and we have applied the same assumption for this analysis. According to the NSP petition, distillers sorghum oil has free fatty acid content near or below 15 percent, which is in the range of yellow grease free fatty acid contents (<15 percent).\27\ This rate of thermal energy use for pretreatment is higher than thermal energy rates used in other lifecycle assessments EPA reviewed,\28\ and can be viewed as a conservative assumption (i.e., resulting in higher GHG emissions). --------------------------------------------------------------------------- \27\ See Table 15 in the January 5, 2012 Pathways I direct final rule (77 FR 722). \28\ See for example: https://www.arb.ca.gov/fuels/lcfs/2a2b/apps/co_bd_wdgs-rpt-102414.pdf. --------------------------------------------------------------------------- Pretreatment to remove free-fatty acids is not required when distillers sorghum oil is used to produce renewable diesel, jet fuel, LPG and naphtha through a hydrotreating process. 5. Fuel Production For biodiesel production, we used the transesterification analysis for the March 2010 RFS rule for yellow grease biodiesel.\29\ Based on comparison of this yellow grease analysis and the mass and energy balance data in the NSP petition, submitted under claim of CBI, the conversion of yellow grease and distillers sorghum oil are expected to require similar energy inputs and yield similar amounts of biodiesel and methanol as outputs. --------------------------------------------------------------------------- \29\ For details see section 2.4 of the RIA for the March 2010 RFS final rule. --------------------------------------------------------------------------- For production of renewable diesel, jet fuel, naphtha and LPG via a hydrotreating process, we used the same data and approach as used in the March 2013 Pathways I rule (78 FR 14190, March 5, 2013), and subsequent facility-specific petitions involving hydrotreating processes.\30\ The March 2013 Pathways I rule evaluated two hydrotreating configurations: One optimized for renewable diesel production and one optimized for jet fuel production. For this analysis we evaluated a hydrotreating process maximized for renewable diesel production, as that is the most common configuration. The jet fuel configuration results in higher emissions (approximately 5 kgCO2 e/mmBtu higher), but the threshold GHG reduction results discussed below are not sensitive to this assumption. --------------------------------------------------------------------------- \30\ For determination documents responding to facility specific petitions, see: https://www.epa.gov/renewable-fuelstandard-program/approved-pathways-renewable-fuel. --------------------------------------------------------------------------- Our previous analyses of hydrotreating processes have applied an energy allocation approach for RIN-generating co-products that qualify as renewable fuel.\31\ This approach results in higher lifecycle GHG emissions for each of the fuel products than other approaches considered, such as a [[Page 61211]] displacement approach, and thus can be viewed as a conservative approach. --------------------------------------------------------------------------- \31\ See the March 2013 Pathways I rule, specifically 78 FR 14198-14200 (March 5, 2013). --------------------------------------------------------------------------- In the allocation approach, all the emissions from the hydrotreating process are allocated across all co-products. There are a number of ways to do the allocation, for example on the basis of energy, mass, or economic value. Consistent with the approach taken in the hydrotreating analysis for the March 2013 RFS rule, for this analysis of fuels produced from distillers sorghum oil feedstock through a hydrotreating process we allocated emissions to the renewable diesel, naphtha and LPG based on the energy content (using lower- heating values) of the products produced. Emissions from the process were allocated equally to all of the Btus of fuel produced. Therefore, on a per Btu basis, all of the primary products coming from the hydrotreating facility have the same emissions from the fuel production stage of the lifecycle. For this analysis, the energy content was the most appropriate basis for allocating emissions because all of the fuel products are used as sources of energy. Energy content also has the advantage of being a fixed factor as opposed to market prices which fluctuate over time. 6. Fuel Distribution We used the fuel distribution results from the biodiesel analysis for the March 2010 RFS rule. Fuel distribution emissions are relatively small compared to baseline lifecycle GHG emissions (see Table IV.3 below), and although they may be different for different types of fuel, for the purposes of this analysis we assume that renewable diesel, jet fuel, LPG, and naphtha, have the same fuel distribution emissions per mmBtu of fuel used. Even if we applied a more precise value for fuel distribution emissions, we do not expect that revision to change our assessment that these fuels meet a 50 percent GHG emission reduction. 7. Fuel Use For this analysis we applied fuel use emissions factors developed for the March 2010 RFS final rule. For biodiesel we used the biodiesel emissions factor. For renewable diesel and jet fuel we used the emissions factors for non-CO2 GHGs for baseline diesel fuel. For naphtha we used the emissions factors for non-CO2 GHGs for baseline gasoline fuel. For LPG we used the LPG non-CO2 emissions factor developed for the March 2010 RFS rule. The tailpipe emissions are relatively small, and the threshold GHG reduction results are not sensitive to these assumptions. More details on our analysis of fuel use emissions are described in a memo \32\ to the rulemaking docket. --------------------------------------------------------------------------- \32\ See, ``Summary of Key Assumptions for EPA's Analysis of the Lifecycle Greenhouse Gas Emissions Associated with Biofuels Produced from Distillers Sorghum Oil,'' Air Docket EPA-HQ-OAR-2017-0655. --------------------------------------------------------------------------- 8. Results of GHG Lifecycle Analysis Table IV.3 shows the lifecycle GHG emissions associated with biofuels produced from distillers sorghum oil that result from our assessment. The table also shows the percent reduction relative to the petroleum baseline. All of the fuels are compared to the diesel baseline, except for naphtha which is compared to the gasoline baseline. Table IV.3--Lifecycle GHG Emissions Associated With Biofuels Produced From Distillers Sorghum Oil (kgCO2-eq/MJ) -------------------------------------------------------------------------------------------------------------------------------------------------------- Renewable Fuel Biodiesel diesel, jet Naphtha LPG 2005 Diesel 2005 Gasoline fuel baseline baseline -------------------------------------------------------------------------------------------------------------------------------------------------------- Production process Transesterificati on Hydrotreating Refining -------------------------------------------------------------------------------------------------------------------------------------------------------- Feedstock Production................................. 5.6 6.2 6.2 6.2 18.0 19.2 Feedstock Transport.................................. 0.2 0.3 0.3 0.3 Feedstock Pretreatment............................... 8.4 .............. .............. .............. Fuel Production...................................... 1.2 8.0 8.0 8.0 Fuel Distribution.................................... 0.8 0.8 0.8 0.8 Fuel Use............................................. 0.7 0.7 1.7 1.5 79.0 79.0 -------------------------------------------------------------------------------------------------- Total............................................ 17.0 16.0 17.0 16.8 97.0 98.2 -------------------------------------------------------------------------------------------------------------------------------------------------------- Percent Reduction.................................... 82 84 82 83 .............. .............. -------------------------------------------------------------------------------------------------------------------------------------------------------- V. Consideration of Lifecycle Analysis Results Based on the lifecycle GHG emissions results presented above, all of the pathways evaluated would meet the 50 percent GHG reduction threshold required for advanced biofuel and biomass-based diesel. The results presented above would also justify qualifying heating oil produced from distillers sorghum oil as meeting the 50 percent GHG threshold. In previous rulemakings, EPA considered the lifecycle GHG impacts associated with heating oil and determined that heating oil produced from a range of feedstocks (e.g., soybean oil, distillers corn oil) via a transesterification or hydrotreating process satisfies the 50 percent lifecycle GHG reduction required for advanced biofuel.\33\ Based on the results presented above, we anticipate that biofuels such as heating oil produced from distillers sorghum oil have significantly lower lifecycle GHG emissions than the same fuels produced from soybean oil, when the same production processes are used.\34\ Therefore, based on EPA's previous lifecycle evaluations for heating oil produced from soybean oil, we believe that heating oil produced from distillers sorghum oil would also satisfy the 50 percent GHG reduction requirement. --------------------------------------------------------------------------- \33\ See the March 2013 RFS Pathway I rule (78 FR 14190, March 5, 2013). \34\ For example, in analysis for the March 2010 RFS rule, EPA found that soybean oil biodiesel achieves a 57 percent GHG reduction (based on the mean result from our uncertainty assessment), whereas the results in Table IV.3, above, show biodiesel produced from distillers sorghum oil achieve a greater than 80 percent reduction. --------------------------------------------------------------------------- VI. Summary Based on our GHG lifecycle evaluation described above, we propose to find that biodiesel and heating oil produced from distillers sorghum oil via a transesterification process, and renewable diesel, jet fuel and heating oil produced from distillers sorghum oil via a hydrotreating process meet the 50 percent GHG reduction threshold requirement for advanced biofuel and biomass-based diesel. This finding [[Page 61212]] would support a determination that these fuels are eligible for biomass-based diesel (D-code 4) RINs if they are produced through a process that does not co-process renewable biomass and petroleum, and for advanced biofuel (D-code 5) RINs if they are produced through a process that does co-process renewable biomass and petroleum. EPA invites comment on all aspects of its analysis of these proposed biofuel pathways. VII. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review. B. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs This action is not expected to be an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866. C. Paperwork Reduction Act (PRA) This action does not impose any new information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and therefore is not subject to these requirements. D. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This action will not impose any requirements on small entities. An agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, has no net burden or otherwise has a positive economic effect on the small entities subject to the rule. This rule proposes to provide a positive economic effect for distillers sorghum oil producers and producers of biofuels from distillers sorghum oil as they would be able to participate in the RFS program, see CAA section 211(o). E. Unfunded Mandates Reform Act (UMRA) This action does not contain an unfunded mandate of $100 million or more as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local or tribal governments or the private sector. F. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. This proposed rule would affect only producers of distillers sorghum oil and producers of biofuels made from distillers sorghum oil. Thus, Executive Order 13175 does not apply to this action. H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that EPA has reason to believe may disproportionately affect children, per the definition of ``covered regulatory action'' in section 2-202 of the Executive Order. This action is not subject to Executive Order 13045 because it because it does not concern an environmental health risk or safety risk. I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211 because it is not a significant regulatory action under Executive Order 12866. J. National Technology Transfer Advancement Act (NTTAA) This rulemaking does not involve technical standards. K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes that this action does not have disproportionately high and adverse human health or environmental effects on minority populations, low-income populations and/or indigenous peoples, as specified in Executive Order 12898 (59 FR 7629, February 16, 1994). This proposed rule does not affect the level of protection provided to human health or the environment by applicable air quality standards. This action does not relax the control measures on sources regulated by the fuel programs and RFS regulations and therefore will not cause emissions increases from these sources. List of Subjects in 40 CFR Part 80 Environmental protection, Administrative practice and procedure, Air pollution control, Diesel Fuel, Fuel additives, Gasoline, Imports, Oil imports, Petroleum, Renewable fuel. Dated: December 19, 2017. E. Scott Pruitt, Administrator. For the reasons set forth in the preamble, EPA proposes to amend 40 CFR part 80 as follows: PART 80--REGULATION OF FUEL AND FUEL ADDITIVES 0 1. The authority for part 80 continues to read as follows: Authority: 42 U.S.C. 7414, 7521, 7542, 7545, and 7601(a). Subpart M--[Amended] 0 2. Section 80.1401 is amended by adding in alphabetical order a new definition for ``distillers sorghum oil'' to read as follows: Sec. 80.1401 Definitions. * * * * * Distillers sorghum oil means oil recovered at a point downstream of where a dry mill grain sorghum ethanol plant grinds the grain sorghum, provided that the grain sorghum is converted to ethanol, the oil is rendered unfit for food uses without further refining, and the distillers grains resulting from the dry mill and oil extraction processes are marketable as animal feed. * * * * * 0 3. Section 80.1426, paragraph (f)(1) is amended by revising entries F, H, and I in Table 1 to Sec. 80.1426 to read as follows: [[Page 61213]] Sec. 80.1426 How are RINs generated and assigned to batches of renewable fuel by renewable fuel producers or importers? * * * * * (f) * * * (1) * * * Table 1 to Sec. 80.1426--Applicable D Codes for Each Fuel Pathway for Use in Generating RINs ---------------------------------------------------------------------------------------------------------------- Production process Entry Fuel type Feedstock requirements D-code ---------------------------------------------------------------------------------------------------------------- * * * * * * * F................................ Biodiesel, Soy bean oil; Oil One of the 4 renewable diesel, from annual following: jet fuel and covercrops; Oil TransEsterificatio heating oil, from algae grown n Hydrotreating biodiesel. photosynthetically Excluding ; Biogenic waste processes that co- oils/fats/greases; process renewable Non-food grade biomass and corn oil; Camelina petroleum. sativa oil; Distillers sorghum oil. * * * * * * * H................................ Biodiesel, Soy bean oil; Oil One of the 5 renewable diesel, from annual following: jet fuel and covercrops; Oil TransEsterificatio heating oil. from algae grown n Hydrotreating photosynthetically Includes only ; Biogenic waste processes that co- oils/fats/greases; process renewable Non-food grade biomass and corn oil; Camelina petroleum. sativa oil; Distillers sorghum oil. I................................ Naphtha, LPG....... Camelina sativa Hydrotreating...... 5 oil; Distillers sorghum oil. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2017-27946 Filed 12-26-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Proposed Rules 61205
to this action because this measure does action because SIP approvals are ENVIRONMENTAL PROTECTION
not modify any SIP control requirement exempted under Executive Order 12866; AGENCY
that was in effect before November 15, • Does not impose an information
1990. collection burden under the provisions 40 CFR Part 80
We are proposing to find that the of the Paperwork Reduction Act (44 [EPA–HQ–OAR–2017–0655; FRL–9972–59–
submitted measure satisfies CAA U.S.C. 3501 et seq.); OAR]
requirements for enforceability, SIP
• Is certified as not having a RIN 2060–AT82
revisions, and nontraditional emission
significant economic impact on a
reduction programs as interpreted in
substantial number of small entities Proposed Rule; Renewable Fuel
EPA guidance documents. The TSD
under the Regulatory Flexibility Act (5 Standard Program; Grain Sorghum Oil
contains more information on our
U.S.C. 601 et seq.); Pathway
evaluation of this measure.
• Does not contain any unfunded AGENCY: Environmental Protection
C. Public Comment and Proposed mandate or significantly or uniquely
Action Agency (EPA).
affect small governments, as described
ACTION: Proposed rule.
The EPA proposes to fully approve in the Unfunded Mandates Reform Act
the submitted measure under CAA of 1995 (Pub. L. 104–4); SUMMARY: In this proposed rule, the
section 110(k)(3) based on a conclusion • Does not have Federalism Environmental Protection Agency (EPA)
that the measure satisfies all applicable implications as specified in Executive is providing an opportunity to comment
requirements. We will accept comments Order 13132 (64 FR 43255, August 10, on an analysis of the lifecycle
from the public on this proposal until 1999); greenhouse gas (GHG) emissions
January 26, 2018. If we take final action • Is not an economically significant associated with certain biofuels that are
to approve the submitted measure, our regulatory action based on health or produced from grain sorghum oil
final action will incorporate this safety risks subject to Executive Order extracted at dry mill ethanol plants at
measure into the federally enforceable 13045 (62 FR 19885, April 23, 1997); any point downstream from sorghum
SIP. grinding, also known as distiller
• Is not a significant regulatory action
III. Incorporation by Reference subject to Executive Order 13211 (66 FR sorghum oil. EPA seeks comment on its
28355, May 22, 2001); proposed assessment that using
In this action, the EPA is proposing to distillers sorghum oil as feedstock
include in a final EPA rule regulatory • Is not subject to requirements of results in no significant agricultural
text that includes incorporation by Section 12(d) of the National sector GHG emissions; and that
reference. In accordance with Technology Transfer and Advancement biodiesel and heating oil produced from
requirements of 1 CFR 51.5, the EPA is Act of 1995 (15 U.S.C. 272 note) because distillers sorghum oil via a
proposing to incorporate by reference application of those requirements would transesterification process, and
the NSAQMD measure described in be inconsistent with the Clean Air Act; renewable diesel, jet fuel, heating oil,
Table 1 of this preamble. The EPA has and naphtha, and liquefied petroleum gas
made, and will continue to make, these • Does not provide the EPA with the (LPG) produced from distillers sorghum
materials available through discretionary authority to address oil via a hydrotreating process, would
www.regulations.gov and at the EPA disproportionate human health or meet the lifecycle GHG emissions
Region IX Office (please contact the environmental effects with practical, reduction threshold of 50 percent
person identified in the FOR FURTHER appropriate, and legally permissible required for advanced biofuels, and
INFORMATION CONTACT section of this methods under Executive Order 12898 biomass-based diesel under the
preamble for more information). (59 FR 7629, February 16, 1994). Renewable Fuel Standard program.
IV. Statutory and Executive Order In addition, the SIP is not approved to Based on these analyses, EPA is
Reviews apply on any Indian reservation land or proposing to amend the RFS program
in any other area where the EPA or an regulations to define the term ‘‘distillers
Under the Clean Air Act, the
Indian tribe has demonstrated that a sorghum oil’’. We also propose to add to
Administrator is required to approve a
tribe has jurisdiction. In those areas of the regulations approved pathways from
SIP submission that complies with the
Indian country, the rule does not have the production of biodiesel and heating
provisions of the Act and applicable
tribal implications and will not impose oil from distillers sorghum oil via a
federal regulations. 42 U.S.C. 7410(k);
substantial direct costs on tribal transesterification process, and
40 CFR 52.02(a). Thus, in reviewing SIP
governments or preempt tribal law as renewable diesel, jet fuel, heating oil,
submissions, the EPA’s role is to
specified by Executive Order 13175 (65 naphtha, and liquefied petroleum gas
approve state choices, provided that
FR 67249, November 9, 2000). (LPG) produced from distillers sorghum
they meet the criteria of the Clean Air
oil via a hydrotreating process.
Act. Accordingly, this proposed action List of Subjects in 40 CFR Part 52
merely proposes to approve state law as DATES: Comments must be received on
meeting federal requirements and does Environmental protection, Air or before January 26, 2018.
not impose additional requirements pollution control, Incorporation by ADDRESSES: Submit your comments,
beyond those imposed by state law. For reference, Intergovernmental relations, identified by Docket ID No. EPA–HQ–
that reason, this proposed action: Particulate matter, Reporting and OAR–2017–0655, at http://
daltland on DSKBBV9HB2PROD with PROPOSALS
• Is not a ‘‘significant regulatory recordkeeping requirements. www.regulations.gov. Follow the online
action’’ subject to review by the Office Authority: 42 U.S.C. 7401 et seq. instructions for submitting comments.
of Management and Budget under Once submitted, comments cannot be
Dated: December 14, 2017. edited or withdrawn from
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821, Deborah Jordan, Regulations.gov. The EPA may publish
January 21, 2011); Acting Regional Administrator, Region IX. any comment received to its public
• Is not an Executive Order 13771 (82 [FR Doc. 2017–27950 Filed 12–26–17; 8:45 am] docket. Do not submit electronically any
FR 9339, February 2, 2017) regulatory BILLING CODE 6560–50–P information you consider to be
VerDate Sep<11>2014 20:10 Dec 26, 2017 Jkt 244001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\27DEP1.SGM 27DEP1](https://thefederalregister.org/doc/82_FR_61452/page/1.svg)
![Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Proposed Rules 61209
lipid digestion and energy content.’’ 13 percent or more.15 If milk fat depression has the ability to digest additional fat.
Free fatty acids are a class of acids that occurs over the long term, a decline in Table IV.2 shows the displacement
form part of a lipid molecule. Full-oil overall milk production may occur as ratios for the livestock sectors where
DGS typically contain higher levels of well as worsened health conditions of dried DGS (DDGS) are used. In this
free fatty acids and thus may have a the herd. High fat diets have been linked table, for instance, 1 pound of reduced-
negative impact on the fat digestion of with this condition and have been oil DDGS fed to beef cattle displaces
poultry and swine. This supports the shown to worsen the rumen 1.173 pounds of corn. A pound of full-
conclusion that while the fat content environment of dairy cattle.16 Therefore, oil and reduced-oil DDGS also displace
may be lower for reduced-oil DGS, dairy producers seek to avoid high fat equal portions (0.056 pounds) of urea.
feeding values of this product should diets. Given the benefits of reduced-oil
Urea is a non-protein nitrogen
not be worse than full-oil DGS for DGS over full-oil DGS for milk fat
compound that is typically fed to cattle
poultry and swine. production, it is expected that reduced-
For dairy, there are also benefits from oil DGS will be preferred over full-oil for aiding the production of protein by
feeding reduced-oil DGS as compared to DGS by dairy producers and that rumen microbes.17 These values show
full-oil DGS. Research on dairy cows displacement rates will be no worse that for dairy, swine, and poultry,
shows that reduced-oil DGS produce a than those of full-oil DGS. reduced-oil DDGS replace the same
lessened likelihood of the onset of milk An impact on displacement rates may amounts of alternative feed despite
fat depression.14 Milk fat depression occur when reduced-oil instead of full- containing less oil.
occurs when milk fat is reduced by 0.2 oil DGS are used for beef cattle, which
TABLE IV.2—FULL-OIL AND REDUCED-OIL SORGHUM DISTILLERS GRAINS WITH SOLUBLES DISPLACEMENT RATIOS 18
[lb of ingredient/lb of sorghum distillers grains with solubles, dry matter basis]
Beef cattle Dairy cattle Swine Poultry 19
Ingredient
Full-Oil Reduced-Oil Full-Oil Reduced-Oil Full-Oil Reduced-Oil Full-Oil Reduced-Oil
Corn ................. 1.196 1.173 0.731 0.731 0.890 0.890 0.292 0.292
Soybean Meal .. ...................... ...................... 0.633 0.633 0.095 0.095
Urea ................. 0.056 0.056
We anticipate that sorghum oil the addition of distillers sorghum oil, 2. Feedstock Production
producers will seek to sell reduced-oil thereby reducing the volumes of biofuel
DGS to poultry, swine, and dairy cow produced from distillers sorghum oil Distillers sorghum oil is removed
producers, as these markets allow them but not causing additional indirect GHG from DGS at dry mill ethanol plants
to obtain a higher value for their emissions. Therefore, we do not expect using the same equipment and
product. Dairy cattle producers may be that sorghum oil extraction will have a technologies used for corn oil
willing to pay a premium for reduced- significant impact on the feed value of extraction. Oil extraction requires
oil distillers grains, as data suggests thermal energy to heat the DGS and
DGS and thus will have no significant
lower oil DGs improve milk production. electricity to power centrifuges, pumps
indirect GHG impacts per pound of
Sales of reduced-oil DGS to the beef and other oil recovery equipment. Our
DGS. We welcome comment on this
cattle market are less likely, and in these analysis for the March 2010 RFS final
assessment.
cases we anticipate that should a higher rule,20 the NSP petition, and two
fat product be required, the fat content studies,21 22 indicate that although
of the DGS could be augmented through extracting oil from DGS uses thermal
13 Kerr, B.J., W.A. Dozier, and G.C. Shurson. September 17, 2007—Vancouver, BC, Canada, supports milk production and ruminal fermentation
(2016). ‘‘Lipid digestibility and energy content of https://www.vetmed.wisc.edu/dms/fapm/ in dairy cows,’’ Journal of Dairy Science 99:1912-
distillers’ corn oil in swine and poultry,’’ Journal fapmtools/2nutr/sara1aabp.pdf pp.98. 28. Poultry displacement ratios were provided by
of Animal Science. 94:2900–2908. doi:10.2527/ 16 PennState Extension, ‘‘Troubleshooting the National Sorghum Producers and calculated
jas.2016–0440, pp. 2905. Problems with Milkfat Depression,’’ August 14, based on data from the Iowa State Extension
14 H.A. Ramirez-Ramirez, E. Castillo Lopez, C.J.R.
2017, https://extension.psu.edu/troubleshooting- Services, Agricultural Marketing and Resources
Jenkins, N.D. Aluthge, C. Anderson, S.C. Fernando, problems-with-milkfat-depression. Accessed Center, ‘‘Estimated U.S. Dried Distillers Grains with
K.J. Harvatine, P.J. Kononoff, (2016). ‘‘Reduced-fat September 8, 2017. Solubles (DDGS) Production and Use, https://
dried distillers grains with solubles reduces the risk 17 PennState Extension, ‘‘Urea in Beef Cattle www.extension.iastate.edu/agdm/crops/outlook/
for milk fat depression and supports milk
Rations,’’ August 8, 2017, https:// dgsbalancesheet.pdf.
production and ruminal fermentation in dairy
extension.psu.edu/urea-in-beef-cattle-rations. 19 Protein sources such as soybean meal can be
cows,’’ Journal of Dairy Science, Volume 99, Issue
3 Pages 1912–1928, ISSN 0022–0302, http:// Accessed October 18, 2017. used to supplement sorghum DGS for poultry.
18 Information provided by National Sorghum
dx.doi.org/10.3168/jds.2015-9712. (http:// 20 See section 1.4.1.3 of USEPA (2010).
www.sciencedirect.com/science/article/pii/S002203 Producers, using the following sources Arora et al., Renewable fuel standard program (RFS2) regulatory
0216000515) (2008). Argonne National Laboratory. ‘‘Update of impact analysis. U.S. Environmental Protection
15 University of Kentucky, ‘‘Preventing Milk Fat distillers grains displacement ratios for corn ethanol
Agency Office of Transportation Air Quality, EPA–
Depression in Dairy Cows,’’ https://afs.ca.uky.edu/ life-cycle analysis’’; Kerr et al., (2016). ‘‘Lipid
420–R–10–006. Washington, DC. https://
daltland on DSKBBV9HB2PROD with PROPOSALS
dairy/preventing-milk-fat-depression-dairy-cows. digestibility and energy content of distillers’ corn
www.epa.gov/sites/production/files/2015-08/
Accessed September 8, 2018. On the herd level milk oil in swine and poultry,’’ Journal of Animal
documents/420r10006.pdf.
fats range from 3 to 5 percent normally. Oetzel, Science 94:2900-8.; Opheim et al., (2016). ‘‘Biofuel 21 Wang, Z., et al. (2015). ‘‘Influence of corn oil
Garret R., ‘‘Subacute Ruminal Acidosis in Dairy feedstock and blended coproducts compared with
Herds: Physiology, Pathophysiology, Milk Fat deoiled corn distillers grains in feedlot diets: Effects recovery on life-cycle greenhouse gas emissions of
Responses, and Nutritional Management.’’ on cattle growth performance, apparent total tract corn ethanol and corn oil biodiesel.’’ Biotechnology
Preconference Seminar 7A: Dairy Herd Problem nutrient digestibility, and carcass characteristics,’’ for Biofuels 8(1): 178.
22 Mueller, S., Kwik, J. (2013). ‘‘2012 Corn
Investigation Strategies: Lameness, Cow Comfort, Journal of Animal Science 94:227.; Ramirez et al.,
and Ruminal Acidosis, American Association of (2016). ‘‘Reduced-fat dried distillers grains with Ethanol: Emerging Plant Energy and Environmental
Bovine Practitioners, 40th Annual Conference, solubles reduces the risk for milk fat depression and Technologies.’’
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![61212 Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Proposed Rules
would support a determination that E. Unfunded Mandates Reform Act K. Executive Order 12898: Federal
these fuels are eligible for biomass- (UMRA) Actions To Address Environmental
based diesel (D-code 4) RINs if they are Justice in Minority Populations and
produced through a process that does This action does not contain an Low-Income Populations
not co-process renewable biomass and unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. The EPA believes that this action does
petroleum, and for advanced biofuel not have disproportionately high and
(D-code 5) RINs if they are produced 1531–1538, and does not significantly or
uniquely affect small governments. The adverse human health or environmental
through a process that does co-process effects on minority populations, low-
renewable biomass and petroleum. EPA action imposes no enforceable duty on
income populations and/or indigenous
invites comment on all aspects of its any state, local or tribal governments or
peoples, as specified in Executive Order
analysis of these proposed biofuel the private sector.
12898 (59 FR 7629, February 16, 1994).
pathways. F. Executive Order 13132: Federalism This proposed rule does not affect the
level of protection provided to human
VII. Statutory and Executive Order This action does not have federalism health or the environment by applicable
Reviews implications. It will not have substantial air quality standards. This action does
Additional information about these direct effects on the states, on the not relax the control measures on
statutes and Executive Orders can be relationship between the national sources regulated by the fuel programs
found at http://www2.epa.gov/laws- government and the states, or on the and RFS regulations and therefore will
regulations/laws-and-executive-orders. distribution of power and not cause emissions increases from
responsibilities among the various these sources.
A. Executive Order 12866: Regulatory levels of government. List of Subjects in 40 CFR Part 80
Planning and Review and Executive
Order 13563: Improving Regulation and G. Executive Order 13175: Consultation Environmental protection,
Regulatory Review and Coordination With Indian Tribal Administrative practice and procedure,
Governments Air pollution control, Diesel Fuel, Fuel
This action is not a significant additives, Gasoline, Imports, Oil
regulatory action and was therefore not This action does not have tribal
imports, Petroleum, Renewable fuel.
submitted to the Office of Management implications as specified in Executive
Order 13175. This proposed rule would Dated: December 19, 2017.
and Budget (OMB) for review.
affect only producers of distillers E. Scott Pruitt,
B. Executive Order 13771: Reducing sorghum oil and producers of biofuels Administrator.
Regulations and Controlling Regulatory made from distillers sorghum oil. Thus, For the reasons set forth in the
Costs Executive Order 13175 does not apply preamble, EPA proposes to amend 40
to this action. CFR part 80 as follows:
This action is not expected to be an
Executive Order 13771 regulatory action H. Executive Order 13045: Protection of
PART 80—REGULATION OF FUEL
because this action is not significant Children From Environmental Health AND FUEL ADDITIVES
under Executive Order 12866. Risks and Safety Risks
C. Paperwork Reduction Act (PRA) The EPA interprets Executive Order ■ 1. The authority for part 80 continues
13045 as applying only to those to read as follows:
This action does not impose any new Authority: 42 U.S.C. 7414, 7521, 7542,
regulatory actions that concern
information collection burden under the 7545, and 7601(a).
environmental health or safety risks that
provisions of the Paperwork Reduction
EPA has reason to believe may Subpart M—[Amended]
Act, 44 U.S.C. 3501 et seq., and
disproportionately affect children, per
therefore is not subject to these
the definition of ‘‘covered regulatory ■ 2. Section 80.1401 is amended by
requirements.
action’’ in section 2–202 of the adding in alphabetical order a new
D. Regulatory Flexibility Act (RFA) Executive Order. This action is not definition for ‘‘distillers sorghum oil’’ to
subject to Executive Order 13045 read as follows:
I certify that this action will not have because it because it does not concern
a significant economic impact on a § 80.1401 Definitions.
an environmental health risk or safety
substantial number of small entities risk. * * * * *
under the RFA. This action will not Distillers sorghum oil means oil
impose any requirements on small I. Executive Order 13211: Actions recovered at a point downstream of
entities. An agency may certify that a Concerning Regulations That where a dry mill grain sorghum ethanol
rule will not have a significant Significantly Affect Energy Supply, plant grinds the grain sorghum,
economic impact on a substantial Distribution, or Use provided that the grain sorghum is
number of small entities if the rule converted to ethanol, the oil is rendered
relieves regulatory burden, has no net This action is not subject to Executive unfit for food uses without further
burden or otherwise has a positive Order 13211 because it is not a refining, and the distillers grains
significant regulatory action under
daltland on DSKBBV9HB2PROD with PROPOSALS
economic effect on the small entities resulting from the dry mill and oil
subject to the rule. This rule proposes to Executive Order 12866. extraction processes are marketable as
provide a positive economic effect for J. National Technology Transfer animal feed.
distillers sorghum oil producers and Advancement Act (NTTAA) * * * * *
producers of biofuels from distillers ■ 3. Section 80.1426, paragraph (f)(1) is
sorghum oil as they would be able to This rulemaking does not involve amended by revising entries F, H, and
participate in the RFS program, see CAA technical standards. I in Table 1 to § 80.1426 to read as
section 211(o). follows:
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![Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Proposed Rules 61213
§ 80.1426 How are RINs generated and (f) * * *
assigned to batches of renewable fuel by
renewable fuel producers or importers? (1) * * *
* * * * *
TABLE 1 TO § 80.1426—APPLICABLE D CODES FOR EACH FUEL PATHWAY FOR USE IN GENERATING RINS
Entry Fuel type Feedstock Production process requirements D-code
* * * * * * *
F ............... Biodiesel, renewable diesel, jet fuel Soy bean oil; Oil from annual One of the following: 4
and heating oil, biodiesel. covercrops; Oil from algae grown TransEsterification Hydrotreating
photosynthetically; Biogenic waste Excluding processes that co-proc-
oils/fats/greases; Non-food grade ess renewable biomass and pe-
corn oil; Camelina sativa oil; Dis- troleum.
tillers sorghum oil.
* * * * * * *
H .............. Biodiesel, renewable diesel, jet fuel Soy bean oil; Oil from annual One of the following: 5
and heating oil. covercrops; Oil from algae grown TransEsterification Hydrotreating
photosynthetically; Biogenic waste Includes only processes that co-
oils/fats/greases; Non-food grade process renewable biomass and
corn oil; Camelina sativa oil; Dis- petroleum.
tillers sorghum oil.
I ................ Naphtha, LPG .................................. Camelina sativa oil; Distillers sor- Hydrotreating .................................... 5
ghum oil.
* * * * * * *
* * * * * quality standards (WQS) that meet CWA submits criteria to address EPA’s 2011
[FR Doc. 2017–27946 Filed 12–26–17; 8:45 am] requirements if a state does not adopt disapproval and EPA approves them as
BILLING CODE 6560–50–P WQS addressing EPA’s disapproval. On meeting CWA requirements.
February 24, 2016, the Missouri DATES: Comments must be received on
Coalition for the Environment (MCE) or before February 26, 2018.
ENVIRONMENTAL PROTECTION filed a lawsuit alleging that EPA failed
AGENCY ADDRESSES: Submit your comments,
to satisfy its statutory obligation to act identified by Docket ID No. EPA–HQ–
‘‘promptly.’’ On December 1, 2016, EPA OW–2017–0010, at http://
40 CFR Part 131
entered into a consent decree with MCE www.regulations.gov. Follow the online
[EPA–HQ–OW–2017–0010; FRL–9972–46– committing to sign a notice of proposed instructions for submitting comments.
OW] rulemaking by December 15, 2017 to Once submitted, comments cannot be
RIN 2040–AF69 address EPA’s 2011 disapproval, unless edited or removed from regulations.gov.
the State submits and EPA approves EPA may publish any comment received
Water Quality Standards for the State criteria that address the disapproval on to its public docket. Do not submit
of Missouri’s Lakes and Reservoirs or before December 15, 2017. As of the electronically any information you
date of this proposed rule, Missouri has consider to be Confidential Business
AGENCY: Environmental Protection
not submitted new or revised standards Information (CBI) or other information
Agency (EPA).
to address EPA’s 2011 disapproval and whose disclosure is restricted by statute.
ACTION: Proposed rule.
EPA has not approved such water Multimedia submissions (audio, video,
SUMMARY: The Environmental Protection quality standards. Therefore, under the etc.) must be accompanied by a written
Agency (EPA or Agency) proposes to terms of the consent decree, EPA is comment. The written comment is
establish federal nutrient criteria to signing a notice of proposed rulemaking considered the official comment and
protect designated uses for the State of that proposes new water quality should include discussion of all points
Missouri’s lakes and reservoirs. On standards addressing EPA’s August 16, you wish to make. EPA will generally
August 16, 2011, EPA disapproved most 2011 disapproval. In this proposal, EPA not consider comments or comment
of the numeric criteria for total nitrogen, seeks comment on two primary contents located outside of the primary
total phosphorus, and chlorophyll a that alternatives. Under the first alternative, submission (i.e. on the web, cloud, or
the State submitted to EPA in 2009. EPA EPA proposes nutrient protection values other file sharing system). For
acknowledged the importance of and eutrophication impact factors in a additional submission methods, the full
Missouri’s proactive efforts to address combined criterion approach. Under the EPA public comment policy,
nutrient pollution by adopting numeric second alternative, EPA proposes a information about CBI or multimedia
daltland on DSKBBV9HB2PROD with PROPOSALS
nutrient criteria. However, EPA similar combined criterion approach submissions, and general guidance on
concluded that the Missouri Department that would mirror the State of making effective comments, please visit
of Natural Resources (MDNR) had failed Missouri’s October 2017 proposal for http://www2.epa.gov/dockets/
to demonstrate the criteria would lake nutrient water quality standards. commenting-epa-dockets.
protect the State’s designated uses and EPA will not proceed with final EPA is offering two online public
were not based on a sound scientific rulemaking (or will withdraw its final hearings so that interested parties may
rationale. The Clean Water Act (CWA) rule, if applicable) to address its 2011 provide verbal comments on this
directs EPA to promptly propose water disapproval if Missouri adopts and proposed rule. The first public hearing
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Document Created: 2017-12-27 02:22:51
Document Modified: 2017-12-27 02:22:51
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received on or before January 26, 2018. | |
| Contact | Diana Galperin, Office of Air and Radiation, Office of Transportation and Air Quality, Mail Code: 6401A, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW, | |
| FR Citation | 82 FR 61205 | |
| RIN Number | 2060-AT82 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Air Pollution Control; Diesel Fuel; Fuel Additives; Gasoline; Imports; Oil Imports; Petroleum and Renewable Fuel |
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