Notice of Opportunity To Comment on an Analysis of the Greenhouse Gas Emissions Attributable to Production and Transport of Pennycress (Thlaspi Arvense) Oil for Use in Biofuel Production, 15002-15007 [2015-06444]
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Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Notices
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OAR–2015–0091; FRL–9924–65–
OAR]
Notice of Opportunity To Comment on
an Analysis of the Greenhouse Gas
Emissions Attributable to Production
and Transport of Pennycress (Thlaspi
Arvense) Oil for Use in Biofuel
Production
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
In this Notice, the
Environmental Protection Agency (EPA)
is inviting comment on its analysis of
the greenhouse gas (GHG) emissions
attributable to the production and
transport of Thlaspi arvense
(‘‘pennycress’’) oil feedstock for use in
making biofuels such as biodiesel,
renewable diesel, and jet fuel. This
notice explains EPA’s analysis of the
production and transport components of
the lifecycle GHG emissions of biofuel
made from pennycress oil, and
describes how EPA may apply this
analysis in the future to determine
whether biofuels produced from
pennycress oil meet the necessary GHG
reductions required for qualification as
renewable fuel under the Renewable
Fuel Standard program. Based on this
analysis, we anticipate that biofuels
produced from pennycress oil could
qualify as biomass-based diesel or
advanced biofuel if typical fuel
production process technologies are
used.
DATES: Comments must be received on
or before April 20, 2015.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2015–0091, by one of the
following methods:
• https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
• Email: a-and-r-docket@epa.gov,
Attention Air and Radiation Docket ID
No. EPA–HQ–OAR–2015–0091.
• Mail: Air and Radiation Docket,
Docket No. EPA–HQ–OAR–2015–0091,
Environmental Protection Agency, Mail
code: 28221T, 1200 Pennsylvania Ave.
NW., Washington, DC 20460.
• Hand Delivery: EPA Docket Center,
EPA/DC, EPA WJC West, Room 3334,
1301 Constitution Ave. NW.,
Washington, DC 20460, Attention Air
and Radiation Docket, ID No. EPA–HQ–
OAR–2015–0091. Such deliveries are
only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
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SUMMARY:
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Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2015–
0091. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
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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 https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
for which disclosure is restricted by
statute. Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Air and Radiation Docket, EPA/DC,
EPA WJC West, Room 3334, 1301
Constitution Ave. NW., Washington,
DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the Air
and Radiation Docket is (202) 566–1742.
FOR FURTHER INFORMATION CONTACT: Jon
Monger, Office of Transportation and
Air Quality, Mail Code: 6406J, U.S.
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Environmental Protection Agency, 1200
Pennsylvania Avenue NW., 20460;
telephone number: (202) 564–0628; fax
number: (202) 564–1686; email address:
monger.jon@epa.gov.
SUPPLEMENTARY INFORMATION: This
notice is organized as follows:
I. Introduction
II. Analysis of GHG Emissions Associated
With Use of Pennycress Oil as a Biofuel
Feedstock
A. Feedstock Production, Land
Availability, and Projected Volumes
1. Background
2. Volume Potential
3. Indirect Impacts
4. Crop Inputs
5. Potential Invasiveness
6. Crushing and Oil Extraction
B. Feedstock Distribution
C. Summary of Agricultural Sector GHG
Emissions
D. Fuel Production and Distribution
III. Summary
I. Introduction
As part of changes to the Renewable
Fuel Standard (RFS) program
regulations published on March 26,
2010 1 (the ‘‘March 2010 rule’’), EPA
specified the types of renewable fuels
eligible to participate in the RFS
program through approved fuel
pathways. Table 1 to 40 CFR 80.1426 of
the RFS regulations lists three critical
components of an approved fuel
pathway: (1) Fuel type; (2) feedstock;
and (3) production process. Fuel
produced pursuant to each specific
combination of the three components, or
fuel pathway, is designated in Table 1
to 40 CFR 80.1426 as eligible for
purposes of the Clean Air Act’s (CAA)
requirements for greenhouse gas (GHG)
reductions to qualify as renewable fuel
or one of three subsets of renewable fuel
(biomass-based diesel, cellulosic
biofuel, or advanced biofuel). EPA may
also independently approve additional
fuel pathways not currently listed in
Table 1 to 40 CFR 80.1426 for
participation in the RFS program, or a
third-party may petition for EPA to
evaluate a new fuel pathway in
accordance with 40 CFR 80.1416.
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,
1 See
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including feedstock production,
feedstock transportation, fuel
production, fuel transportation and
distribution, and tailpipe emissions. Per
the CAA definition of lifecycle GHG
emissions, EPA’s lifecycle analyses also
include an assessment of significant
indirect emissions, such as indirect
emissions from land use changes,
agricultural sector impacts, and
production of co-products from biofuel
production.
Pursuant to 40 CFR 80.1416, EPA
received a petition from Arvens
Technology, Inc., with contents claimed
as confidential business information
(CBI), requesting that EPA evaluate the
lifecycle GHG emissions for biofuels
produced using Thlaspi arvense
(‘‘pennycress’’) oil, and that EPA
provide a determination of the
renewable fuel categories, if any, for
which such biofuels may be eligible. As
an initial step in this process, EPA has
conducted an evaluation of the GHG
emissions associated with the
production and transport of pennycress
when it is used as a biofuel feedstock,
and is seeking public comment on the
methodology and results of this
evaluation.
EPA expects to consider comments
received and then use the information to
evaluate petitions received pursuant to
40 CFR 80.1416 that propose to use
pennycress oil as a feedstock for the
production of biofuel, and that seek an
EPA determination regarding whether
such biofuels qualify as renewable fuel
under the RFS program. In evaluating
such petitions, EPA will consider the
GHG emissions associated with
petitioners’ biofuel production
processes, as well as emissions
associated with the transport and use of
the finished biofuel, in addition to the
GHG emissions associated with the
production and transport of pennycress
feedstock in determining whether
petitioners’ proposed biofuel production
pathway satisfies CAA renewable fuel
lifecycle GHG reduction requirements.
II. Analysis of GHG Emissions
Associated With Use of Pennycress Oil
as a Biofuel Feedstock
EPA has evaluated the lifecycle GHG
impacts of using pennycress oil as a
biofuel feedstock, based on information
provided in the petition and other data
gathered by EPA. For these analyses, we
used a similar approach to that used for
camelina oil in a rule published on
March 5, 2013 2 (the ‘‘March 2013
rule’’). In that rulemaking, EPA
determined that several renewable fuel
pathways using camelina oil feedstock
2 78
FR 14190.
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meet the required 50% lifecycle GHG
reduction threshold under the RFS for
biomass-based diesel and advanced
biofuel because the GHG emissions
performance of camelina-based fuels is
at least as good as that modeled for fuels
made from soybean oil.
EPA believes that new agricultural
sector modeling is not needed to
evaluate the lifecycle GHG impacts of
using pennycress oil as a biofuel
feedstock for purposes of making GHG
reduction threshold determinations for
the RFS program. This is in part because
of the similarities of pennycress oil to
soybean oil and camelina oil, and
because pennycress is not expected to
have significant land use change
impacts. Instead of performing new
agricultural sector modeling, EPA relied
upon the soybean oil analysis
conducted for the March 2010 rule to
assess the relative GHG impacts of
growing and transporting pennycress oil
for use as a biofuel feedstock. We have
looked at every component of the
agricultural sector GHG emissions from
pennycress oil production, including
land use change, crop inputs, crushing
and oil extraction, and feedstock
distribution. For each component, we
believe that the GHG emissions are less
than or equal to the emissions from that
component of soybean oil production.
Based on this analysis (described
below), we propose to evaluate the
agricultural sector GHG emissions
impacts of using pennycress oil in
responding to petitions received
pursuant to 40 CFR 80.1416 by
assuming that GHG emissions are
similar to those associated with the use
of soybean oil for biofuel production.
We invite comment on this proposed
approach.
A. Feedstock Production
1. Background
Pennycress is an oilseed crop of the
flowering mustard plant family
Brassicaceae. Pennycress is native to
Eurasia and has been in North America
for approximately 200 years. It is
widespread throughout temperate
regions, and can grow in cropland,
fallow land, and along roadsides, among
other places.3 It is a winter annual that
flowers in spring.4 The fertilized flowers
produce seedpods, with each plant
producing up to 15,000 seeds. These
seeds have a high oil content.5
3 Pennycress Resource Network, https://
www.wiu.edu/pennycress/agronomics/. Accessed
February 19, 2015.
4 Fan, J. et al. (2013) ‘‘A life cycle assessment of
pennycress (Thlaspi arvense L.)—derived jet fuel
and diesel.’’ Biomass and Bioenergy, 55:87–100.
5 Moser, B.R., et al. (2009) ‘‘Production and
evaluation of biodiesel from field pennycress
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Pennycress oil is not edible, and
currently has no commercial markets,
but it has many potential uses.
Pennycress oil has high concentrations
of erucic acid,6 which could make it
useful for industrial purposes such as
lubricants and textiles softeners.7 In
addition, pennycress seed meal has
been investigated for use as a
biofumigant.8 There is currently interest
in developing pennycress for use as a
biofuel crop because it can be grown in
the winter between seasons for other
major crops such as soybeans and corn,
requires little inputs, and has a high oil
content.9 In addition, growing
pennycress can help preserve soil
quality and water quality by reducing
runoff and erosion.10 Because of the
interest in pennycress as a biofuel crop,
pennycress growth and fuel production
are areas of active research at the United
States Department of Agriculture
(USDA), Western Illinois University,
and in private industry.11
2. Volume Potential
Based on information currently
available, pennycress is expected to be
primarily planted in the U.S. as a
rotation crop with corn and soybeans,12
on acres that would otherwise remain
fallow (see Table 1). Current research
indicates that planting pennycress in
(Thlaspi arvense L.) oil.’’ Energy and Fuels,
23:4149–4155.
6 Moser, B.R., et al. (2009) ‘‘Production and
evaluation of biodiesel from field pennycress
(Thlaspi arvense L.) oil.’’ Energy and Fuels,
23:4149–4155.
7 USDA Economic Research Service, ‘‘Crambe,
industrial rapeseed, and tung provide valuable
oils,’’ September 1996. Available at: https://
www.ers.usda.gov/ersDownloadHandler.ashx?file=/
media/933430/ius6c_002.pdf. Accessed July 8,
2014.
8 Vaughn, S.F., et al. (2005) ‘‘Biofumigant
compounds released by field pennycress (Thlaspi
arvense) seedmeal.’’ Journal of Chemical Ecology,
31(1):167–177.
9 Moser, B.R., et al. (2009) ‘‘Production and
evaluation of biodiesel from field pennycress
(Thlaspi arvense L.) oil.’’ Energy and Fuels,
23:4149–4155.
10 Christiansen, J. and C. Taylor, ‘‘Cover crops
improve soil health, help farmers weather drought.’’
USDA National Resources Conservation Service.
Available at: https://www.nrcs.usda.gov/wps/portal/
nrcs/detail/national/home/
?cid=STELPRDB1083051. Accessed January 26,
2015.
11 Evangelista, R.L. et al. (2012) ‘‘Extraction of
pennycress (Thlaspi arvense L.) seed oil by full
pressing.’’ Industrial Crops and Products, 37:76–81;
Moser, B.R. et al. (2009) ‘‘Composition and physical
properties of cress (Lepidium sativum L.) and field
pennycress (Thlaspi arvense L.) oils.’’ Industrial
Crops and Products 30:199–205; Moser, B.R., et al.
(2009) ‘‘Production and evaluation of biodiesel from
field pennycress (Thlaspi arvense L.) oil.’’ Energy
and Fuels, 23:4149–4155.
12 Moser, B.R., et al. (2009) ‘‘Production and
evaluation of biodiesel from field pennycress
(Thlaspi arvense L.) oil.’’ Energy and Fuels,
23:4149–4155.
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would not typically displace another
crop, EPA does not believe new acres
would need to be brought into
agricultural use to increase pennycress
production.
Pennycress is currently cultivated on
approximately 1,000 acres of land in the
U.S., in Illinois, Iowa, Ohio, and
Indiana.14 EPA anticipates that these
states are most likely to have large scale
increases in pennycress production in
the short term, because pennycress is
already cultivated there. Also, these
states have high soybean acreage and
the appropriate climate for pennycress
to be cultivated as a winter crop before
soybean planting. Based on USDA data
on soybean acreage in 2014, pennycress
could be cultivated on 31 million acres
in these states.15 However, industry is
also considering cultivating pennycress
in other Midwest corn-belt states, and
according to their estimates, 40 million
acres could be cultivated.16 Industry
projects that by 2022, approximately 2
million of these available acres will be
used for pennycress production.17
Based on our calculations of the
potential biodiesel production from
pennycress, as described below, we do
not anticipate demand for pennycress
oil to be greater than can be satisfied by
available fallow acres.
Average yields of 1,000–2,000 pounds
of pennycress seed per acre have been
achieved on test plots,18 and are in line
with expected yields of other oilseeds
such as canola/rapeseed. Based on a
mid-range yield of 1,500 pounds per
acre and current acreage (1,000 acres),
approximately 55,000 gallons of
pennycress-based biodiesel could be
produced from existing pennycress
acres (assuming 0.28 pounds of
pennycress oil can be extracted from a
pound of seed, and 7.6 pounds of oil
produces 1 gallon of biodiesel).19 Yield
improvements of pennycress are
expected to approach the yield growth
rates of other oilseed crops over the next
decade, as experience with growing
pennycress improves cultivation
practices and the application of existing
technologies are more widely adopted.20
Assuming a yield growth rate of 2% per
year, starting with a yield of 1,500
pounds per acre, yields would be 1,800
pounds per acre by 2022. Based on this
yield and the industry’s projection of 2
million acres of pennycress in 2022,
approximately 133 million gallons (MG)
of pennycress-based biodiesel could be
produced.21 If investment in new seed
technology allows yields to increase to
levels projected by industry (4,000
pounds per acre), significantly more
pennycress-based renewable fuels could
be produced.22 For the purposes of this
analysis, we took a conservative
approach in terms of lifecycle GHG
impacts of crop production by assuming
the lower yield estimate of 1,800
pounds per acre.
13 Phippen, W.B. et al. (2010) ‘‘Planting date,
herbicide, and soybean rotation studies with field
pennycress (Thlaspi arvense L.)’’ Association for
the Advancement of Industrial Crops Annual
Meeting, Fort Collins, CO. September 19–22, 2010.
Poster. Available at: https://www.wiu.edu/
pennycress/current-experiments/
Planting%20Date%202010.pdf.
14 Correspondence with Terry Isbell of USDA
Agricultural Research Service (ARS).
15 2014 soybean acreage from USDA, National
Agricultural Statistics Service, https://
usda.mannlib.cornell.edu/MannUsda/
viewDocumentInfo.do?documentID=1000.
16 Arvens Technology, Inc., ‘‘About Pennycress.’’
Available at: https://arvenstech.com/about.html.
Accessed February 23, 2015.
17 Petition from Arvens Technology, Inc., June
2012.
18 Isbell, T. and S. Chermak (2010). ‘‘Thlaspi
arvense (Pennycress) germination, development and
yield potential.’’ Advancement of Industrial Crops
Annual Meeting, Fort Collins, CO. September 19–
22, 2010. Abstract, p. 29. Available at: https://
www.aaic.org/10program.htm.
19 For biodiesel produced from soybean oil, 7.6
pounds of oil are also needed for one gallon of
biodiesel. According to the petition, 0.28 lbs of
pennycress oil can be extracted from a pound of
seed. A similar value of 0.29 lbs oil per pound of
seed is used by: Fan, J. et al. (2013) ‘‘A life cycle
assessment of pennycress (Thlaspi arvense L.)—
derived jet fuel and diesel.’’ Biomass and
Bioenergy, 55:87–100.
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3. Indirect Impacts
Unlike commodity crops that are
tracked by USDA, pennycress does not
have a well-established, internationally
traded market that would be
significantly affected by an increase in
pennycress-based biofuels. Based on
information provided in the petition
itself, from USDA, and in the scientific
literature, returns on pennycress are
expected to be approximately $120 per
acre, given average yields of 1,800
pounds per acre and a contract price of
$0.15 per pound (See Table 2). For
comparison purposes, the USDA
estimates of corn and soybean returns,
including operating costs but not
overhead costs such as hired labor, were
between $206 and $440 per acre in
2013.23 Over time, advancements in
seed technology, improvements in
planting and harvesting techniques, and
changes in input usage could
significantly increase future pennycress
yields and returns, but it is unlikely the
returns to farmers from pennycress will
ever compete with the returns from
corn, soybeans or other widely traded
commodity crops. In addition, because
pennycress is expected to be grown on
20 Correspondence with Terry Isbell of USDA
ARS.
21 Different amounts of feedstock oil are needed
to produce a gallon of different types of fuel
(biodiesel, renewable diesel, and renewable jet
fuel). For simplicity, we only estimated the
potential biodiesel production here, which requires
the least amount of feedstock oil per gallon of fuel.
22 Petition from Arvens Technology, Inc., June
2012.
23 USDA Economic Research Service, Commodity
Costs and Returns. Available at: https://
www.ers.usda.gov/data-products/commodity-costsand-returns.aspx. Accessed June 12, 2014.
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lieu of fallowing would not decrease the
next soybean yield.13 Since substituting
fallow land with pennycress production
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fallow land, it will not impact other
commodities through land competition.
For these reasons, EPA has determined
that, unlike a crop such as soybeans,
production of pennycress-based biofuels
is not expected to have a significant
impact on other agricultural commodity
markets and consequently would not
result in significant indirect impacts,
including indirect land use changes.
TABLE 2—PENNYCRESS COSTS AND RETURNS, PER ACRE 20
2022 Pennycress
(1,800 lbs/acre)
Inputs
Seed:
Pennycress seed (cost: $1/lb) ..........................................................................................................................................
Fertilizer:
Nitrogen Fertilizer (cost: $1/lb) .........................................................................................................................................
Phosphate Fertilizer (cost: $1/lb) .....................................................................................................................................
Potassium Fertilizer (cost: $1/lb) ......................................................................................................................................
Sub-Total ...................................................................................................................................................................
Logistics:
Planting Trip .....................................................................................................................................................................
Harvest & Hauling ............................................................................................................................................................
$50.00.
$20.00.
$20.00.
$103.00.
Total Cost ..................................................................................................................................................................
Yields (lbs/acre) .......................................................................................................................................................................
Price (per lb) ............................................................................................................................................................................
Total Revenue .........................................................................................................................................................................
Returns ....................................................................................................................................................................................
$149.00.
1,800.
$0.15.
$270.00.
$121.
$13.00 (13 lbs/ac).
$10.00.
$36.00.
4. Crop Inputs
As part of our analysis of the GHG
impacts from growing pennycress, we
compared crop inputs for pennycress to
those for soybeans. Inputs compared
include nitrogen fertilizer, phosphorus
fertilizer, potassium fertilizer, herbicide,
pesticide, diesel, and gasoline.25 We
also looked at the N2O emissions from
both the nitrogen fertilizer inputs and
the crop residues associated with
pennycress.
Current literature suggests that only
minimal fertilizer inputs are needed to
grow pennycress.26 Information from
USDA and other sources suggests that
approximately 50 lbs per acre nitrogen
fertilizer may be required for successful
pennycress cultivation, although
information from the petitioner
indicates that no additional nitrogen
fertilizer would be needed.27 Some
current trials have not required the
addition of phosphorus or potassium
fertilizer since these nutrients have been
available in the soil after corn
plantings.28 However, it is possible that
when pennycress is produced at a
commercial scale, some amount of
phosphorus and potassium might be
added to replace the phosphorus or
potassium that is removed from the soil.
Therefore, Table 3 shows a range of
potential input assumptions for
pennycress production,29 compared to
the FASOM agricultural input
assumptions for soybeans, which were
used in our assessment of soybeans for
the March 2010 rule. From the March
2010 rule, we used soybean projected
yields for 2022 of 1,500 to 3,000 lbs of
seed per acre. For pennycress, we used
projected 2022 yields of 1,800 lbs of
seed per acre.
Pennycress has a higher percentage of
oil per pound of seed than soybeans.
Soybeans are approximately 18% oil by
mass, therefore crushing one pound of
soybeans yields 0.18 pounds of oil. In
comparison, pennycress seeds can
contain up to 34% oil, and mechanical
crushing extracts approximately 28%
oil.30 The difference in oil yield was
taken into account when calculating the
emissions per ton of feedstock oil
included in Table 3. As shown in Table
3, GHG emissions associated with
agricultural inputs for pennycress and
soybeans are similar when factoring in
variations in oil yields per acre and
fertilizer, herbicide, pesticide, and
petroleum use.31
24 Based on information from Arvens Technology,
Inc., USDA, scientific literature, and EPA
calculations.
25 Diesel and gasoline are used for planting and
harvesting pennycress. These values assume that no
irrigation is needed.
26 Moser, B.R., et al. (2009) ‘‘Production and
evaluation of biodiesel from field pennycress
(Thlaspi arvense L.) oil.’’ Energy and Fuels,
23:4149–4155.
27 50 lb N/acre from: Rukavina, H. et al. (2011)
‘‘The effect of nitrogen rate on field pennycress seed
yield and oil content.’’ Association for the
Advancement of Industrial Crops 23rd Annual
Meeting, Fargo, ND. September 11–14, 2011. Poster.
Available at: https://www.wiu.edu/pennycress/
current-experiments/Nitrogen%202011.pdf.
28 Correspondence with Win Phippin, Western
Illinois University.
29 Arvens Technology, Inc.; Correspondence with
USDA. For more information, see ‘‘Pennycress data
and calculations—for docket’’ on Docket EPA–HQ–
OAR–2015–0091.
30 Petition from Arvens Technology, Inc., June
2012. A similar value of 0.29 lbs oil per pound of
seed is used by: Fan, J. et al. (2013) ‘‘A life cycle
assessment of pennycress (Thlaspi arvense L.)—
derived jet fuel and diesel.’’ Biomass and
Bioenergy, 55:87–100.
31 For more details on the greenhouse gas
emissions associated with agricultural inputs, see
‘‘Pennycress data and calculations—for docket’’ on
Docket EPA–HQ–OAR–2015–0091.
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Although we expect most pennycress
used as a renewable fuel feedstock for
the RFS program would be grown in the
U.S. and Canada, we expect that
pennycress grown in other countries
would also not have a significant impact
on other agricultural commodity
markets and would therefore not result
in significant indirect GHG emissions.
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5. Potential Invasiveness
Pennycress has naturalized in all of
the continental United States,33 and is
not listed on the federal noxious weed
list.34 However, nine states currently
have pennycress listed on a restricted
weed list, indicating limitations on the
use of the plant in those states.35 A
weed risk assessment by USDA found
that pennycress has a high risk of
invasiveness, and a high probability of
impacting production systems such as
agriculture, nurseries, forest plantations,
and orchards.36 However, unlike some
other biofuel feedstocks evaluated under
the RFS program for invasiveness,
USDA found no evidence of pennycress
causing impacts in natural systems or
anthropogenic systems such as cities,
suburbs, or roadways. Based on the
potential risk to production systems,
and in consultation with USDA, the use
of pennycress as a biofuel feedstock
raises concerns about its threat of
invasiveness and whether its production
could require remediation activities that
would cause additional GHG emissions.
32 The Intergovernmental Panel on Climate
Change (IPCC) equations for N2O emissions were
updated since our earlier analysis of soybeans. We
use the updated equations here.
33 USDA Animal and Plant Health Inspection
Service. ‘‘Weed risk assessment for Thlaspi arvense
L. (Brassicaceae)—Field pennycress,’’
[Forthcoming].
34 USDA (2014). ‘‘Federal Noxious Weed List.’’
Available at: https://www.aphis.usda.gov/plant_
health/plant_pest_info/weeds/downloads/
weedlist.pdf.
35 USDA Agricultural Marketing Service (2014).
‘‘State Noxious-Weed Seed Requirements
Recognized in the Administration of the Federal
Seed Act.’’ Available at: https://www.ams.usda.gov/
AMSv1.0/getfile?dDocName=STELPRDC5090172.
Producers interested in growing pennycress in these
states should consult with the appropriate federal,
state, and local authorities.
36 USDA Animal and Plant Health Inspection
Service. ‘‘Weed risk assessment for Thlaspi arvense
L. (Brassicaceae)—Field pennycress,’’
[Forthcoming]. Traits that contributed to this result
are that pennycress is a prolific seed producer,
forms a persistent seed bank, can cause yield losses
of field crops, and is poisonous to livestock.
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Therefore, similar to EPA’s actions with
respect to other biofuel feedstocks found
to present invasiveness risks, EPA
anticipates that any petition approvals
for renewable fuel pathways involving
the use of pennycress oil as feedstock
will include requirements associated
with mitigating risks associated with
invasiveness. Because pennycress does
not pose as great an invasiveness risk as
Arundo donax or Pennisetum
purpureum, EPA believes that
monitoring and reporting requirements
similar to those for Arundo donax and
Pennisetum purpureum would be
appropriate, but does not expect to
apply all of the Risk Management Plan
(RMP) requirements that exist for those
feedstocks. We would expect to impose
monitoring and reporting requirements
similar to 40 CFR 80.1450
(b)(1)(x)(A)(1)(i), (ii), (iii), and (v) and
80.1450 (b)(1)(x)(A)(3), (4), (5), and (7).
In addition, a letter documenting the
feedstock grower’s compliance with all
of the relevant federal, state, regional,
and local requirements related to
invasive species would be required.
With these requirements in place, we
would assume that there are no GHG
emissions associated with potential
invasiveness when pennycress is used
as a biofuel feedstock. EPA is taking
comment on the invasiveness concerns
of pennycress and the appropriateness
of the referenced requirements in
mitigating those concerns.
6. Crushing and Oil Extraction
EPA evaluated the seed crushing and
oil extraction process and compared the
lifecycle GHG emissions from this stage
for soybean oil and pennycress oil. EPA
assumed the processing of pennycress
would be similar to soybeans, canola,
and camelina. Because pennycress seeds
produce more oil per pound than
soybeans, the GHG emissions associated
with crushing and oil extraction are
lower for pennycress than soybeans per
pound of feedstock oil produced.
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There is not a significant amount of
industry data on energy used for
crushing and oil extraction of
pennycress. Based on data provided in
the petition submitted, and EPA’s
standard emissions factors for electricity
and natural gas, we estimate that the
GHG emissions from crushing and oil
extraction are 80 kgCO2e/ton
pennycress oil. For comparison, in the
analysis for the March 2010 final rule,
the lifecycle GHG emissions from
crushing and oil extraction were
estimated to be 426 kgCO2e/ton soybean
oil. As a conservative estimate, we
propose to assume that the GHG
emissions related to crushing and oil
extraction are the same for pennycress
as for soybeans.
Similar to soybeans, a press cake is
also produced when pennycress is
crushed and the oil is extracted. In our
modeling of soybean oil for the March
2010 RFS rule, the FASOM and FAPRI–
CARD models included the use of the
soy meal (sometimes referred to as press
cake) co-product as livestock feed. In
our modeling, the use of the soy meal
as livestock feed displaced the need for
other similar feed products and
therefore impacted the relative prices
and production of crop and livestock
products. These crop and livestock
impacts were reflected in the land use
change, livestock and agricultural sector
GHG emissions impacts estimated for
biofuels produced from soybean oil.
Although EPA did not conduct
modeling to isolate the GHG impacts of
the soy meal co-product, we believe that
overall the soy meal co-product lowered
the GHG emissions associated with
soybean oil-based biofuels. Similarly,
we believe that any use of the
pennycress press cake would provide an
additional benefit (i.e., lower GHG
emissions) not reflected in our lifecycle
GHG emissions analysis of pennycress
oil. Little is known at this time about
the possible beneficial use of
pennycress press cake. Pennycress press
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Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Notices
cake contains glucosinolates, which
may be toxic to animals in large
concentrations.37 However, the heat
produced from crushing pennycress
seeds may reduce the toxicity of the
press cake,38 or pennycress press cake
could be mixed in low amounts with
other seed meal for use as animal feed.39
Alternatively, pennycress press cake
could be used as a biofumigant.40 Based
on our analysis of pennycress oil, which
does not consider use of the press cake,
we have found that the agricultural,
livestock and land use change emissions
associated with producing pennycress
oil are less than or equal to the
corresponding emissions associated
with producing soybean oil. Therefore,
any beneficial use of the pennycress
press cake (e.g., as livestock feed or
boiler fuel) would only serve to make
the GHG emissions associated with
pennycress oil even lower than the
corresponding emissions for soybean
oil.
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B. Feedstock Distribution
EPA’s assessment, based on the
following reasoning, is that GHG
emissions from feedstock distribution
will be the same for pennycress as such
emissions for soybeans. Because
pennycress contains more oil per pound
of seed, as discussed above, the energy
needed to move the pennycress before
oil extraction would be lower than
soybeans per ton of oil produced. To the
extent that pennycress is grown on more
disperse fallow land than soybeans and
would need to be transported further,
the energy needed to move the
pennycress could be higher than
soybeans. Therefore, we believe we may
assume for purposes of GHG emissions
assessment that the GHG emissions
associated with transporting pennycress
and soybeans to crushing facilities will
be the same. Pennycress and soybean
oils are quite similar in terms of density
and energy content; therefore, we also
assumed that the GHG emissions from
37 Moser, B.R. (2012) ‘‘Biodiesel from alternative
oilseed feedstock: camelina and field pennycress.’’
Biofuels, 3:193–209.
38 Fan, J. et al. (2013) ‘‘A life cycle assessment of
pennycress (Thlaspi arvense L.)—derived jet fuel
and diesel.’’ Biomass and Bioenergy, 55:87–100.
39 Moser, B.R. (2012) ‘‘Biodiesel from alternative
oilseed feedstock: camelina and field pennycress.’’
Biofuels, 3:193–209. It is important to note that all
animal feed products must be approved by the U.S.
Food and Drug Administration (FDA) before they
can be sold in the United States. Nothing in EPA’s
analysis should be construed as an official federal
government position regarding the approval or
disapproval of pennycress press cake as an animal
feed. Only FDA is authorized to make that
determination.
40 Vaughn, S.F., et al. (2005) ‘‘Biofumigant
compounds released by field pennycress (Thlaspi
arvense) seedmeal.’’ Journal of Chemical Ecology,
31(1):167–177.
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transporting the oil from a crushing
facility to a biofuel production facility
would be the same for the two different
feedstocks.
C. Summary of Agricultural Sector GHG
Emissions
Compared to soybean oil, pennycress
oil has less than or equal GHG
emissions per ton of oil from crop
inputs, crushing and oil extraction, and
direct and indirect land use change.
Pennycress and soybean oils are also
likely to have similar GHG emissions
from feedstock distribution. Therefore,
we believe that the feedstock production
and transport portion of the lifecycle
GHG emissions associated with
pennycress are likely to be similar to or
less than the GHG emissions for the
corresponding portion of the lifecycle
analysis for soybean oil. EPA’s purpose
in evaluating petitions under 40 CFR
80.1416 is not to prepare a precise
lifecycle GHG emissions analysis of
every fuel type, but to gather sufficient
information on which to inform its
decision of whether proposed biofuels
qualify under the program in terms of
lifecycle GHG emissions reduction.
Based on our comparison of pennycress
oil to soybean oil, EPA proposes to use,
in its future evaluations of petitions
proposing to use pennycress oil as a
feedstock for biofuel production, an
estimate of the GHG emissions
associated with the cultivation and
transport of pennycress oil that is the
same as that which we have used for
soybean oil, on a per ton of oil basis.
Although EPA could conduct a more
precise analysis, we do not believe it is
necessary for purposes of the
determinations EPA must make in
responding to petitions. EPA solicits
comment on this proposed approach.
D. Fuel Production and Distribution
Pennycress oil has physical properties
that are similar to soybean and camelina
oil, and is suitable for the same
conversion processes as these
feedstocks. In addition, the fuel yield
per pound of oil is expected to be the
same for each of these feedstocks. After
reviewing comments received in
response to this Notice, we will
combine our evaluation of agricultural
sector GHG emissions associated with
the use of pennycress oil feedstock with
our evaluation of the GHG emissions
associated with individual producers’
production processes and finished fuels
to determine whether the proposed
pathways satisfy CAA lifecycle GHG
emissions reduction requirements for
RFS-qualifying renewable fuels. Based
on our evaluation of the lifecycle GHG
emissions attributable to the production
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15007
and transport of pennycress oil
feedstock, EPA anticipates that fuel
produced from pennycress oil feedstock
through the same transesterification or
hydrotreating process technologies that
EPA evaluated for the March 2010 RFS
rule for biofuel derived from soybean oil
and the March 2013 RFS rule for biofuel
derived from camelina oil would qualify
for biomass-based diesel (D-code 4)
RINs or advanced (D-code 5) RINs.41
However, EPA will evaluate petitions
for fuel produced from pennycress oil
feedstock on a case-by-case basis.
III. Summary
EPA invites public comment on its
analysis of GHG emissions associated
with the production and transport of
pennycress oil as a feedstock for biofuel
production. EPA will consider public
comments received when evaluating the
lifecycle GHG emissions of biofuel
production pathways described in
petitions received pursuant to 40 CFR
80.1416 which use pennycress oil as a
feedstock.
Dated: March 12, 2015.
Christopher Grundler,
Director, Office of Transportation and Air
Quality.
[FR Doc. 2015–06444 Filed 3–19–15; 8:45 am]
BILLING CODE 6560–50–P
FARM CREDIT SYSTEM INSURANCE
CORPORATION
Regular Meeting
Farm Credit System Insurance
Corporation Board; Farm Credit System
Insurance Corporation Board.
SUMMARY: Notice is hereby given of the
regular meeting of the Farm Credit
System Insurance Corporation Board
(Board).
AGENCY:
The meeting of the Board
will be held at the offices of the Farm
Credit Administration in McLean,
Virginia, on March 26, 2015, from 9:00
a.m. until such time as the Board
concludes its business.
FOR FURTHER INFORMATION CONTACT: Dale
L. Aultman, Secretary to the Farm
Credit System Insurance Corporation
Board, (703) 883–4009, TTY (703) 883–
4056.
DATE AND TIME:
41 The transesterification process that EPA
evaluated for the March 2010 RFS rule for biofuel
derived from soybean oil feedstock is described in
section 2.4.7.3 (Biodiesel) of the Regulatory Impact
Analysis for the March 2010 RFS rule (EPA–420–
R–10–006). The hydrotreating process that EPA
evaluated for the March 2013 rule for biofuel
derived from camelina oil feedstock is described in
section II.A.3.b of the March 2013 rule (78 FR
14190).
E:\FR\FM\20MRN1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 54 (Friday, March 20, 2015)]
[Notices]
[Pages 15002-15007]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06444]
[[Page 15002]]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2015-0091; FRL-9924-65-OAR]
Notice of Opportunity To Comment on an Analysis of the Greenhouse
Gas Emissions Attributable to Production and Transport of Pennycress
(Thlaspi Arvense) Oil for Use in Biofuel Production
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In this Notice, the Environmental Protection Agency (EPA) is
inviting comment on its analysis of the greenhouse gas (GHG) emissions
attributable to the production and transport of Thlaspi arvense
(``pennycress'') oil feedstock for use in making biofuels such as
biodiesel, renewable diesel, and jet fuel. This notice explains EPA's
analysis of the production and transport components of the lifecycle
GHG emissions of biofuel made from pennycress oil, and describes how
EPA may apply this analysis in the future to determine whether biofuels
produced from pennycress oil meet the necessary GHG reductions required
for qualification as renewable fuel under the Renewable Fuel Standard
program. Based on this analysis, we anticipate that biofuels produced
from pennycress oil could qualify as biomass-based diesel or advanced
biofuel if typical fuel production process technologies are used.
DATES: Comments must be received on or before April 20, 2015.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2015-0091, by one of the following methods:
https://www.regulations.gov. Follow the on-line
instructions for submitting comments.
Email: a-and-r-docket@epa.gov, Attention Air and Radiation
Docket ID No. EPA-HQ-OAR-2015-0091.
Mail: Air and Radiation Docket, Docket No. EPA-HQ-OAR-
2015-0091, Environmental Protection Agency, Mail code: 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460.
Hand Delivery: EPA Docket Center, EPA/DC, EPA WJC West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC 20460, Attention
Air and Radiation Docket, ID No. EPA-HQ-OAR-2015-0091. Such deliveries
are only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2015-0091. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
for which disclosure is restricted by statute. Certain other material,
such as copyrighted material, will be publicly available only in hard
copy. Publicly available docket materials are available either
electronically in www.regulations.gov or in hard copy at the Air and
Radiation Docket, EPA/DC, EPA WJC West, Room 3334, 1301 Constitution
Ave. NW., Washington, DC. The Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is (202) 566-1744, and the
telephone number for the Air and Radiation Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Jon Monger, Office of Transportation
and Air Quality, Mail Code: 6406J, U.S. Environmental Protection
Agency, 1200 Pennsylvania Avenue NW., 20460; telephone number: (202)
564-0628; fax number: (202) 564-1686; email address:
monger.jon@epa.gov.
SUPPLEMENTARY INFORMATION: This notice is organized as follows:
I. Introduction
II. Analysis of GHG Emissions Associated With Use of Pennycress Oil
as a Biofuel Feedstock
A. Feedstock Production, Land Availability, and Projected
Volumes
1. Background
2. Volume Potential
3. Indirect Impacts
4. Crop Inputs
5. Potential Invasiveness
6. Crushing and Oil Extraction
B. Feedstock Distribution
C. Summary of Agricultural Sector GHG Emissions
D. Fuel Production and Distribution
III. Summary
I. Introduction
As part of changes to the Renewable Fuel Standard (RFS) program
regulations published on March 26, 2010 \1\ (the ``March 2010 rule''),
EPA specified the types of renewable fuels eligible to participate in
the RFS program through approved fuel pathways. Table 1 to 40 CFR
80.1426 of the RFS regulations lists three critical components of an
approved fuel pathway: (1) Fuel type; (2) feedstock; and (3) production
process. Fuel produced pursuant to each specific combination of the
three components, or fuel pathway, is designated in Table 1 to 40 CFR
80.1426 as eligible for purposes of the Clean Air Act's (CAA)
requirements for greenhouse gas (GHG) reductions to qualify as
renewable fuel or one of three subsets of renewable fuel (biomass-based
diesel, cellulosic biofuel, or advanced biofuel). EPA may also
independently approve additional fuel pathways not currently listed in
Table 1 to 40 CFR 80.1426 for participation in the RFS program, or a
third-party may petition for EPA to evaluate a new fuel pathway in
accordance with 40 CFR 80.1416.
---------------------------------------------------------------------------
\1\ See 75 FR 14670.
---------------------------------------------------------------------------
EPA's lifecycle analyses are used to assess the overall GHG impacts
of a fuel throughout each stage of its production and use. The results
of these analyses, considering uncertainty and the weight of available
evidence, are used to determine whether a fuel meets the necessary GHG
reductions required under the CAA for it to be considered renewable
fuel or one of the subsets of renewable fuel. Lifecycle analysis
includes an assessment of emissions related to the full fuel lifecycle,
[[Page 15003]]
including feedstock production, feedstock transportation, fuel
production, fuel transportation and distribution, and tailpipe
emissions. Per the CAA definition of lifecycle GHG emissions, EPA's
lifecycle analyses also include an assessment of significant indirect
emissions, such as indirect emissions from land use changes,
agricultural sector impacts, and production of co-products from biofuel
production.
Pursuant to 40 CFR 80.1416, EPA received a petition from Arvens
Technology, Inc., with contents claimed as confidential business
information (CBI), requesting that EPA evaluate the lifecycle GHG
emissions for biofuels produced using Thlaspi arvense (``pennycress'')
oil, and that EPA provide a determination of the renewable fuel
categories, if any, for which such biofuels may be eligible. As an
initial step in this process, EPA has conducted an evaluation of the
GHG emissions associated with the production and transport of
pennycress when it is used as a biofuel feedstock, and is seeking
public comment on the methodology and results of this evaluation.
EPA expects to consider comments received and then use the
information to evaluate petitions received pursuant to 40 CFR 80.1416
that propose to use pennycress oil as a feedstock for the production of
biofuel, and that seek an EPA determination regarding whether such
biofuels qualify as renewable fuel under the RFS program. In evaluating
such petitions, EPA will consider the GHG emissions associated with
petitioners' biofuel production processes, as well as emissions
associated with the transport and use of the finished biofuel, in
addition to the GHG emissions associated with the production and
transport of pennycress feedstock in determining whether petitioners'
proposed biofuel production pathway satisfies CAA renewable fuel
lifecycle GHG reduction requirements.
II. Analysis of GHG Emissions Associated With Use of Pennycress Oil as
a Biofuel Feedstock
EPA has evaluated the lifecycle GHG impacts of using pennycress oil
as a biofuel feedstock, based on information provided in the petition
and other data gathered by EPA. For these analyses, we used a similar
approach to that used for camelina oil in a rule published on March 5,
2013 \2\ (the ``March 2013 rule''). In that rulemaking, EPA determined
that several renewable fuel pathways using camelina oil feedstock meet
the required 50% lifecycle GHG reduction threshold under the RFS for
biomass-based diesel and advanced biofuel because the GHG emissions
performance of camelina-based fuels is at least as good as that modeled
for fuels made from soybean oil.
---------------------------------------------------------------------------
\2\ 78 FR 14190.
---------------------------------------------------------------------------
EPA believes that new agricultural sector modeling is not needed to
evaluate the lifecycle GHG impacts of using pennycress oil as a biofuel
feedstock for purposes of making GHG reduction threshold determinations
for the RFS program. This is in part because of the similarities of
pennycress oil to soybean oil and camelina oil, and because pennycress
is not expected to have significant land use change impacts. Instead of
performing new agricultural sector modeling, EPA relied upon the
soybean oil analysis conducted for the March 2010 rule to assess the
relative GHG impacts of growing and transporting pennycress oil for use
as a biofuel feedstock. We have looked at every component of the
agricultural sector GHG emissions from pennycress oil production,
including land use change, crop inputs, crushing and oil extraction,
and feedstock distribution. For each component, we believe that the GHG
emissions are less than or equal to the emissions from that component
of soybean oil production. Based on this analysis (described below), we
propose to evaluate the agricultural sector GHG emissions impacts of
using pennycress oil in responding to petitions received pursuant to 40
CFR 80.1416 by assuming that GHG emissions are similar to those
associated with the use of soybean oil for biofuel production. We
invite comment on this proposed approach.
A. Feedstock Production
1. Background
Pennycress is an oilseed crop of the flowering mustard plant family
Brassicaceae. Pennycress is native to Eurasia and has been in North
America for approximately 200 years. It is widespread throughout
temperate regions, and can grow in cropland, fallow land, and along
roadsides, among other places.\3\ It is a winter annual that flowers in
spring.\4\ The fertilized flowers produce seedpods, with each plant
producing up to 15,000 seeds. These seeds have a high oil content.\5\
---------------------------------------------------------------------------
\3\ Pennycress Resource Network, https://www.wiu.edu/pennycress/agronomics/. Accessed February 19, 2015.
\4\ Fan, J. et al. (2013) ``A life cycle assessment of
pennycress (Thlaspi arvense L.)--derived jet fuel and diesel.''
Biomass and Bioenergy, 55:87-100.
\5\ Moser, B.R., et al. (2009) ``Production and evaluation of
biodiesel from field pennycress (Thlaspi arvense L.) oil.'' Energy
and Fuels, 23:4149-4155.
---------------------------------------------------------------------------
Pennycress oil is not edible, and currently has no commercial
markets, but it has many potential uses. Pennycress oil has high
concentrations of erucic acid,\6\ which could make it useful for
industrial purposes such as lubricants and textiles softeners.\7\ In
addition, pennycress seed meal has been investigated for use as a
biofumigant.\8\ There is currently interest in developing pennycress
for use as a biofuel crop because it can be grown in the winter between
seasons for other major crops such as soybeans and corn, requires
little inputs, and has a high oil content.\9\ In addition, growing
pennycress can help preserve soil quality and water quality by reducing
runoff and erosion.\10\ Because of the interest in pennycress as a
biofuel crop, pennycress growth and fuel production are areas of active
research at the United States Department of Agriculture (USDA), Western
Illinois University, and in private industry.\11\
---------------------------------------------------------------------------
\6\ Moser, B.R., et al. (2009) ``Production and evaluation of
biodiesel from field pennycress (Thlaspi arvense L.) oil.'' Energy
and Fuels, 23:4149-4155.
\7\ USDA Economic Research Service, ``Crambe, industrial
rapeseed, and tung provide valuable oils,'' September 1996.
Available at: https://www.ers.usda.gov/ersDownloadHandler.ashx?file=/media/933430/ius6c_002.pdf. Accessed July 8, 2014.
\8\ Vaughn, S.F., et al. (2005) ``Biofumigant compounds released
by field pennycress (Thlaspi arvense) seedmeal.'' Journal of
Chemical Ecology, 31(1):167-177.
\9\ Moser, B.R., et al. (2009) ``Production and evaluation of
biodiesel from field pennycress (Thlaspi arvense L.) oil.'' Energy
and Fuels, 23:4149-4155.
\10\ Christiansen, J. and C. Taylor, ``Cover crops improve soil
health, help farmers weather drought.'' USDA National Resources
Conservation Service. Available at: https://www.nrcs.usda.gov/wps/portal/nrcs/detail/national/home/?cid=STELPRDB1083051. Accessed
January 26, 2015.
\11\ Evangelista, R.L. et al. (2012) ``Extraction of pennycress
(Thlaspi arvense L.) seed oil by full pressing.'' Industrial Crops
and Products, 37:76-81; Moser, B.R. et al. (2009) ``Composition and
physical properties of cress (Lepidium sativum L.) and field
pennycress (Thlaspi arvense L.) oils.'' Industrial Crops and
Products 30:199-205; Moser, B.R., et al. (2009) ``Production and
evaluation of biodiesel from field pennycress (Thlaspi arvense L.)
oil.'' Energy and Fuels, 23:4149-4155.
---------------------------------------------------------------------------
2. Volume Potential
Based on information currently available, pennycress is expected to
be primarily planted in the U.S. as a rotation crop with corn and
soybeans,\12\ on acres that would otherwise remain fallow (see Table
1). Current research indicates that planting pennycress in
[[Page 15004]]
lieu of fallowing would not decrease the next soybean yield.\13\ Since
substituting fallow land with pennycress production would not typically
displace another crop, EPA does not believe new acres would need to be
brought into agricultural use to increase pennycress production.
---------------------------------------------------------------------------
\12\ Moser, B.R., et al. (2009) ``Production and evaluation of
biodiesel from field pennycress (Thlaspi arvense L.) oil.'' Energy
and Fuels, 23:4149-4155.
\13\ Phippen, W.B. et al. (2010) ``Planting date, herbicide, and
soybean rotation studies with field pennycress (Thlaspi arvense
L.)'' Association for the Advancement of Industrial Crops Annual
Meeting, Fort Collins, CO. September 19-22, 2010. Poster. Available
at: https://www.wiu.edu/pennycress/current-experiments/Planting%20Date%202010.pdf.
[GRAPHIC] [TIFF OMITTED] TN20MR15.005
Pennycress is currently cultivated on approximately 1,000 acres of
land in the U.S., in Illinois, Iowa, Ohio, and Indiana.\14\ EPA
anticipates that these states are most likely to have large scale
increases in pennycress production in the short term, because
pennycress is already cultivated there. Also, these states have high
soybean acreage and the appropriate climate for pennycress to be
cultivated as a winter crop before soybean planting. Based on USDA data
on soybean acreage in 2014, pennycress could be cultivated on 31
million acres in these states.\15\ However, industry is also
considering cultivating pennycress in other Midwest corn-belt states,
and according to their estimates, 40 million acres could be
cultivated.\16\ Industry projects that by 2022, approximately 2 million
of these available acres will be used for pennycress production.\17\
Based on our calculations of the potential biodiesel production from
pennycress, as described below, we do not anticipate demand for
pennycress oil to be greater than can be satisfied by available fallow
acres.
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\14\ Correspondence with Terry Isbell of USDA Agricultural
Research Service (ARS).
\15\ 2014 soybean acreage from USDA, National Agricultural
Statistics Service, https://usda.mannlib.cornell.edu/MannUsda/viewDocumentInfo.do?documentID=1000.
\16\ Arvens Technology, Inc., ``About Pennycress.'' Available
at: https://arvenstech.com/about.html. Accessed February 23, 2015.
\17\ Petition from Arvens Technology, Inc., June 2012.
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Average yields of 1,000-2,000 pounds of pennycress seed per acre
have been achieved on test plots,\18\ and are in line with expected
yields of other oilseeds such as canola/rapeseed. Based on a mid-range
yield of 1,500 pounds per acre and current acreage (1,000 acres),
approximately 55,000 gallons of pennycress-based biodiesel could be
produced from existing pennycress acres (assuming 0.28 pounds of
pennycress oil can be extracted from a pound of seed, and 7.6 pounds of
oil produces 1 gallon of biodiesel).\19\ Yield improvements of
pennycress are expected to approach the yield growth rates of other
oilseed crops over the next decade, as experience with growing
pennycress improves cultivation practices and the application of
existing technologies are more widely adopted.\20\ Assuming a yield
growth rate of 2% per year, starting with a yield of 1,500 pounds per
acre, yields would be 1,800 pounds per acre by 2022. Based on this
yield and the industry's projection of 2 million acres of pennycress in
2022, approximately 133 million gallons (MG) of pennycress-based
biodiesel could be produced.\21\ If investment in new seed technology
allows yields to increase to levels projected by industry (4,000 pounds
per acre), significantly more pennycress-based renewable fuels could be
produced.\22\ For the purposes of this analysis, we took a conservative
approach in terms of lifecycle GHG impacts of crop production by
assuming the lower yield estimate of 1,800 pounds per acre.
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\18\ Isbell, T. and S. Chermak (2010). ``Thlaspi arvense
(Pennycress) germination, development and yield potential.''
Advancement of Industrial Crops Annual Meeting, Fort Collins, CO.
September 19-22, 2010. Abstract, p. 29. Available at: https://www.aaic.org/10program.htm.
\19\ For biodiesel produced from soybean oil, 7.6 pounds of oil
are also needed for one gallon of biodiesel. According to the
petition, 0.28 lbs of pennycress oil can be extracted from a pound
of seed. A similar value of 0.29 lbs oil per pound of seed is used
by: Fan, J. et al. (2013) ``A life cycle assessment of pennycress
(Thlaspi arvense L.)--derived jet fuel and diesel.'' Biomass and
Bioenergy, 55:87-100.
\20\ Correspondence with Terry Isbell of USDA ARS.
\21\ Different amounts of feedstock oil are needed to produce a
gallon of different types of fuel (biodiesel, renewable diesel, and
renewable jet fuel). For simplicity, we only estimated the potential
biodiesel production here, which requires the least amount of
feedstock oil per gallon of fuel.
\22\ Petition from Arvens Technology, Inc., June 2012.
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3. Indirect Impacts
Unlike commodity crops that are tracked by USDA, pennycress does
not have a well-established, internationally traded market that would
be significantly affected by an increase in pennycress-based biofuels.
Based on information provided in the petition itself, from USDA, and in
the scientific literature, returns on pennycress are expected to be
approximately $120 per acre, given average yields of 1,800 pounds per
acre and a contract price of $0.15 per pound (See Table 2). For
comparison purposes, the USDA estimates of corn and soybean returns,
including operating costs but not overhead costs such as hired labor,
were between $206 and $440 per acre in 2013.\23\ Over time,
advancements in seed technology, improvements in planting and
harvesting techniques, and changes in input usage could significantly
increase future pennycress yields and returns, but it is unlikely the
returns to farmers from pennycress will ever compete with the returns
from corn, soybeans or other widely traded commodity crops. In
addition, because pennycress is expected to be grown on
[[Page 15005]]
fallow land, it will not impact other commodities through land
competition. For these reasons, EPA has determined that, unlike a crop
such as soybeans, production of pennycress-based biofuels is not
expected to have a significant impact on other agricultural commodity
markets and consequently would not result in significant indirect
impacts, including indirect land use changes.
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\23\ USDA Economic Research Service, Commodity Costs and
Returns. Available at: https://www.ers.usda.gov/data-products/commodity-costs-and-returns.aspx. Accessed June 12, 2014.
Table 2--Pennycress Costs and Returns, Per Acre \20\
------------------------------------------------------------------------
2022 Pennycress (1,800 lbs/acre)
------------------------------------------------------------------------
Inputs
Seed:
Pennycress seed (cost: $1/lb)... $13.00 (13 lbs/ac).
Fertilizer:
Nitrogen Fertilizer (cost: $1/ $50.00.
lb).
Phosphate Fertilizer (cost: $1/ $20.00.
lb).
Potassium Fertilizer (cost: $1/ $20.00.
lb).
Sub-Total................... $103.00.
Logistics:
Planting Trip................... $10.00.
Harvest & Hauling............... $36.00.
-----------------------------------
Total Cost.................. $149.00.
Yields (lbs/acre)................... 1,800.
Price (per lb)...................... $0.15.
Total Revenue....................... $270.00.
Returns............................. $121.
------------------------------------------------------------------------
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\24\ Based on information from Arvens Technology, Inc., USDA,
scientific literature, and EPA calculations.
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Although we expect most pennycress used as a renewable fuel
feedstock for the RFS program would be grown in the U.S. and Canada, we
expect that pennycress grown in other countries would also not have a
significant impact on other agricultural commodity markets and would
therefore not result in significant indirect GHG emissions.
4. Crop Inputs
As part of our analysis of the GHG impacts from growing pennycress,
we compared crop inputs for pennycress to those for soybeans. Inputs
compared include nitrogen fertilizer, phosphorus fertilizer, potassium
fertilizer, herbicide, pesticide, diesel, and gasoline.\25\ We also
looked at the N2O emissions from both the nitrogen
fertilizer inputs and the crop residues associated with pennycress.
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\25\ Diesel and gasoline are used for planting and harvesting
pennycress. These values assume that no irrigation is needed.
---------------------------------------------------------------------------
Current literature suggests that only minimal fertilizer inputs are
needed to grow pennycress.\26\ Information from USDA and other sources
suggests that approximately 50 lbs per acre nitrogen fertilizer may be
required for successful pennycress cultivation, although information
from the petitioner indicates that no additional nitrogen fertilizer
would be needed.\27\ Some current trials have not required the addition
of phosphorus or potassium fertilizer since these nutrients have been
available in the soil after corn plantings.\28\ However, it is possible
that when pennycress is produced at a commercial scale, some amount of
phosphorus and potassium might be added to replace the phosphorus or
potassium that is removed from the soil. Therefore, Table 3 shows a
range of potential input assumptions for pennycress production,\29\
compared to the FASOM agricultural input assumptions for soybeans,
which were used in our assessment of soybeans for the March 2010 rule.
From the March 2010 rule, we used soybean projected yields for 2022 of
1,500 to 3,000 lbs of seed per acre. For pennycress, we used projected
2022 yields of 1,800 lbs of seed per acre.
---------------------------------------------------------------------------
\26\ Moser, B.R., et al. (2009) ``Production and evaluation of
biodiesel from field pennycress (Thlaspi arvense L.) oil.'' Energy
and Fuels, 23:4149-4155.
\27\ 50 lb N/acre from: Rukavina, H. et al. (2011) ``The effect
of nitrogen rate on field pennycress seed yield and oil content.''
Association for the Advancement of Industrial Crops 23rd Annual
Meeting, Fargo, ND. September 11-14, 2011. Poster. Available at:
https://www.wiu.edu/pennycress/current-experiments/Nitrogen%202011.pdf.
\28\ Correspondence with Win Phippin, Western Illinois
University.
\29\ Arvens Technology, Inc.; Correspondence with USDA. For more
information, see ``Pennycress data and calculations--for docket'' on
Docket EPA-HQ-OAR-2015-0091.
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Pennycress has a higher percentage of oil per pound of seed than
soybeans. Soybeans are approximately 18% oil by mass, therefore
crushing one pound of soybeans yields 0.18 pounds of oil. In
comparison, pennycress seeds can contain up to 34% oil, and mechanical
crushing extracts approximately 28% oil.\30\ The difference in oil
yield was taken into account when calculating the emissions per ton of
feedstock oil included in Table 3. As shown in Table 3, GHG emissions
associated with agricultural inputs for pennycress and soybeans are
similar when factoring in variations in oil yields per acre and
fertilizer, herbicide, pesticide, and petroleum use.\31\
---------------------------------------------------------------------------
\30\ Petition from Arvens Technology, Inc., June 2012. A similar
value of 0.29 lbs oil per pound of seed is used by: Fan, J. et al.
(2013) ``A life cycle assessment of pennycress (Thlaspi arvense
L.)--derived jet fuel and diesel.'' Biomass and Bioenergy, 55:87-
100.
\31\ For more details on the greenhouse gas emissions associated
with agricultural inputs, see ``Pennycress data and calculations--
for docket'' on Docket EPA-HQ-OAR-2015-0091.
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[[Page 15006]]
[GRAPHIC] [TIFF OMITTED] TN20MR15.006
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\32\ The Intergovernmental Panel on Climate Change (IPCC)
equations for N2O emissions were updated since our
earlier analysis of soybeans. We use the updated equations here.
---------------------------------------------------------------------------
5. Potential Invasiveness
Pennycress has naturalized in all of the continental United
States,\33\ and is not listed on the federal noxious weed list.\34\
However, nine states currently have pennycress listed on a restricted
weed list, indicating limitations on the use of the plant in those
states.\35\ A weed risk assessment by USDA found that pennycress has a
high risk of invasiveness, and a high probability of impacting
production systems such as agriculture, nurseries, forest plantations,
and orchards.\36\ However, unlike some other biofuel feedstocks
evaluated under the RFS program for invasiveness, USDA found no
evidence of pennycress causing impacts in natural systems or
anthropogenic systems such as cities, suburbs, or roadways. Based on
the potential risk to production systems, and in consultation with
USDA, the use of pennycress as a biofuel feedstock raises concerns
about its threat of invasiveness and whether its production could
require remediation activities that would cause additional GHG
emissions. Therefore, similar to EPA's actions with respect to other
biofuel feedstocks found to present invasiveness risks, EPA anticipates
that any petition approvals for renewable fuel pathways involving the
use of pennycress oil as feedstock will include requirements associated
with mitigating risks associated with invasiveness. Because pennycress
does not pose as great an invasiveness risk as Arundo donax or
Pennisetum purpureum, EPA believes that monitoring and reporting
requirements similar to those for Arundo donax and Pennisetum purpureum
would be appropriate, but does not expect to apply all of the Risk
Management Plan (RMP) requirements that exist for those feedstocks. We
would expect to impose monitoring and reporting requirements similar to
40 CFR 80.1450 (b)(1)(x)(A)(1)(i), (ii), (iii), and (v) and 80.1450
(b)(1)(x)(A)(3), (4), (5), and (7). In addition, a letter documenting
the feedstock grower's compliance with all of the relevant federal,
state, regional, and local requirements related to invasive species
would be required. With these requirements in place, we would assume
that there are no GHG emissions associated with potential invasiveness
when pennycress is used as a biofuel feedstock. EPA is taking comment
on the invasiveness concerns of pennycress and the appropriateness of
the referenced requirements in mitigating those concerns.
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\33\ USDA Animal and Plant Health Inspection Service. ``Weed
risk assessment for Thlaspi arvense L. (Brassicaceae)--Field
pennycress,'' [Forthcoming].
\34\ USDA (2014). ``Federal Noxious Weed List.'' Available at:
https://www.aphis.usda.gov/plant_health/plant_pest_info/weeds/downloads/weedlist.pdf.
\35\ USDA Agricultural Marketing Service (2014). ``State
Noxious-Weed Seed Requirements Recognized in the Administration of
the Federal Seed Act.'' Available at: https://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRDC5090172. Producers interested in
growing pennycress in these states should consult with the
appropriate federal, state, and local authorities.
\36\ USDA Animal and Plant Health Inspection Service. ``Weed
risk assessment for Thlaspi arvense L. (Brassicaceae)--Field
pennycress,'' [Forthcoming]. Traits that contributed to this result
are that pennycress is a prolific seed producer, forms a persistent
seed bank, can cause yield losses of field crops, and is poisonous
to livestock.
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6. Crushing and Oil Extraction
EPA evaluated the seed crushing and oil extraction process and
compared the lifecycle GHG emissions from this stage for soybean oil
and pennycress oil. EPA assumed the processing of pennycress would be
similar to soybeans, canola, and camelina. Because pennycress seeds
produce more oil per pound than soybeans, the GHG emissions associated
with crushing and oil extraction are lower for pennycress than soybeans
per pound of feedstock oil produced.
There is not a significant amount of industry data on energy used
for crushing and oil extraction of pennycress. Based on data provided
in the petition submitted, and EPA's standard emissions factors for
electricity and natural gas, we estimate that the GHG emissions from
crushing and oil extraction are 80 kgCO2e/ton pennycress oil. For
comparison, in the analysis for the March 2010 final rule, the
lifecycle GHG emissions from crushing and oil extraction were estimated
to be 426 kgCO2e/ton soybean oil. As a conservative estimate, we
propose to assume that the GHG emissions related to crushing and oil
extraction are the same for pennycress as for soybeans.
Similar to soybeans, a press cake is also produced when pennycress
is crushed and the oil is extracted. In our modeling of soybean oil for
the March 2010 RFS rule, the FASOM and FAPRI-CARD models included the
use of the soy meal (sometimes referred to as press cake) co-product as
livestock feed. In our modeling, the use of the soy meal as livestock
feed displaced the need for other similar feed products and therefore
impacted the relative prices and production of crop and livestock
products. These crop and livestock impacts were reflected in the land
use change, livestock and agricultural sector GHG emissions impacts
estimated for biofuels produced from soybean oil. Although EPA did not
conduct modeling to isolate the GHG impacts of the soy meal co-product,
we believe that overall the soy meal co-product lowered the GHG
emissions associated with soybean oil-based biofuels. Similarly, we
believe that any use of the pennycress press cake would provide an
additional benefit (i.e., lower GHG emissions) not reflected in our
lifecycle GHG emissions analysis of pennycress oil. Little is known at
this time about the possible beneficial use of pennycress press cake.
Pennycress press
[[Page 15007]]
cake contains glucosinolates, which may be toxic to animals in large
concentrations.\37\ However, the heat produced from crushing pennycress
seeds may reduce the toxicity of the press cake,\38\ or pennycress
press cake could be mixed in low amounts with other seed meal for use
as animal feed.\39\ Alternatively, pennycress press cake could be used
as a biofumigant.\40\ Based on our analysis of pennycress oil, which
does not consider use of the press cake, we have found that the
agricultural, livestock and land use change emissions associated with
producing pennycress oil are less than or equal to the corresponding
emissions associated with producing soybean oil. Therefore, any
beneficial use of the pennycress press cake (e.g., as livestock feed or
boiler fuel) would only serve to make the GHG emissions associated with
pennycress oil even lower than the corresponding emissions for soybean
oil.
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\37\ Moser, B.R. (2012) ``Biodiesel from alternative oilseed
feedstock: camelina and field pennycress.'' Biofuels, 3:193-209.
\38\ Fan, J. et al. (2013) ``A life cycle assessment of
pennycress (Thlaspi arvense L.)--derived jet fuel and diesel.''
Biomass and Bioenergy, 55:87-100.
\39\ Moser, B.R. (2012) ``Biodiesel from alternative oilseed
feedstock: camelina and field pennycress.'' Biofuels, 3:193-209. It
is important to note that all animal feed products must be approved
by the U.S. Food and Drug Administration (FDA) before they can be
sold in the United States. Nothing in EPA's analysis should be
construed as an official federal government position regarding the
approval or disapproval of pennycress press cake as an animal feed.
Only FDA is authorized to make that determination.
\40\ Vaughn, S.F., et al. (2005) ``Biofumigant compounds
released by field pennycress (Thlaspi arvense) seedmeal.'' Journal
of Chemical Ecology, 31(1):167-177.
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B. Feedstock Distribution
EPA's assessment, based on the following reasoning, is that GHG
emissions from feedstock distribution will be the same for pennycress
as such emissions for soybeans. Because pennycress contains more oil
per pound of seed, as discussed above, the energy needed to move the
pennycress before oil extraction would be lower than soybeans per ton
of oil produced. To the extent that pennycress is grown on more
disperse fallow land than soybeans and would need to be transported
further, the energy needed to move the pennycress could be higher than
soybeans. Therefore, we believe we may assume for purposes of GHG
emissions assessment that the GHG emissions associated with
transporting pennycress and soybeans to crushing facilities will be the
same. Pennycress and soybean oils are quite similar in terms of density
and energy content; therefore, we also assumed that the GHG emissions
from transporting the oil from a crushing facility to a biofuel
production facility would be the same for the two different feedstocks.
C. Summary of Agricultural Sector GHG Emissions
Compared to soybean oil, pennycress oil has less than or equal GHG
emissions per ton of oil from crop inputs, crushing and oil extraction,
and direct and indirect land use change. Pennycress and soybean oils
are also likely to have similar GHG emissions from feedstock
distribution. Therefore, we believe that the feedstock production and
transport portion of the lifecycle GHG emissions associated with
pennycress are likely to be similar to or less than the GHG emissions
for the corresponding portion of the lifecycle analysis for soybean
oil. EPA's purpose in evaluating petitions under 40 CFR 80.1416 is not
to prepare a precise lifecycle GHG emissions analysis of every fuel
type, but to gather sufficient information on which to inform its
decision of whether proposed biofuels qualify under the program in
terms of lifecycle GHG emissions reduction. Based on our comparison of
pennycress oil to soybean oil, EPA proposes to use, in its future
evaluations of petitions proposing to use pennycress oil as a feedstock
for biofuel production, an estimate of the GHG emissions associated
with the cultivation and transport of pennycress oil that is the same
as that which we have used for soybean oil, on a per ton of oil basis.
Although EPA could conduct a more precise analysis, we do not believe
it is necessary for purposes of the determinations EPA must make in
responding to petitions. EPA solicits comment on this proposed
approach.
D. Fuel Production and Distribution
Pennycress oil has physical properties that are similar to soybean
and camelina oil, and is suitable for the same conversion processes as
these feedstocks. In addition, the fuel yield per pound of oil is
expected to be the same for each of these feedstocks. After reviewing
comments received in response to this Notice, we will combine our
evaluation of agricultural sector GHG emissions associated with the use
of pennycress oil feedstock with our evaluation of the GHG emissions
associated with individual producers' production processes and finished
fuels to determine whether the proposed pathways satisfy CAA lifecycle
GHG emissions reduction requirements for RFS-qualifying renewable
fuels. Based on our evaluation of the lifecycle GHG emissions
attributable to the production and transport of pennycress oil
feedstock, EPA anticipates that fuel produced from pennycress oil
feedstock through the same transesterification or hydrotreating process
technologies that EPA evaluated for the March 2010 RFS rule for biofuel
derived from soybean oil and the March 2013 RFS rule for biofuel
derived from camelina oil would qualify for biomass-based diesel (D-
code 4) RINs or advanced (D-code 5) RINs.\41\ However, EPA will
evaluate petitions for fuel produced from pennycress oil feedstock on a
case-by-case basis.
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\41\ The transesterification process that EPA evaluated for the
March 2010 RFS rule for biofuel derived from soybean oil feedstock
is described in section 2.4.7.3 (Biodiesel) of the Regulatory Impact
Analysis for the March 2010 RFS rule (EPA-420-R-10-006). The
hydrotreating process that EPA evaluated for the March 2013 rule for
biofuel derived from camelina oil feedstock is described in section
II.A.3.b of the March 2013 rule (78 FR 14190).
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III. Summary
EPA invites public comment on its analysis of GHG emissions
associated with the production and transport of pennycress oil as a
feedstock for biofuel production. EPA will consider public comments
received when evaluating the lifecycle GHG emissions of biofuel
production pathways described in petitions received pursuant to 40 CFR
80.1416 which use pennycress oil as a feedstock.
Dated: March 12, 2015.
Christopher Grundler,
Director, Office of Transportation and Air Quality.
[FR Doc. 2015-06444 Filed 3-19-15; 8:45 am]
BILLING CODE 6560-50-P
