## Summary	of	Interagency	Working	Comments	on	Draft	Language	under

EO13563	Interagency	Review.		Subject	to	Further	P olicy	Review.
**Comments on U.S. Environmental Protection Agency’s final**  **rule titled, “**  **Regulation of Fuels and Fuel Additives: RFS Pathways II, and Technical Amendments to the RFS Standards and E15 Misfueling**  **Mitigation Requirements ,” RIN 2060**  **- AR21**  **.**

 Cellulosic conten t of feedstock greater than 75% o Will EPA clarify whether this threshold also applies to corn kernel fiber or any other feedstock that may have some corn starch content?
 If for example, 25% of corn kernel fiber’s content were corn starch, then this would m ean that all of the ethanol produced from that starch would qualify as cellulosic biofuel? o EPA’s complied data on cellulosic feedstock concentrations in Table 2 of the draft memo to the docket titled, “Cellulosic Content of Various Feedstocks,” indicates that corn kernel fiber has an average of 87% cellulosic material. Does this mean that any corn starch that would be left in the corn kernel fiber that would be converted to biofuel could count as cellulosic or as corn ethanol? o Did EPA specify any mass balance or other verification provisions in the regulatory text that would differentiate any biofuel produced from corn starch contained in corn kernel fiber or any other corn based feedstock? o EPA states in the Table 5 of the “Cellulosic Content of Various Feedstocks” draft memo that the average cellulosic content ranged from 75% to 92%. What is the reason for choosing 75% over some other percentage up to 92%?

 Renewable electricity for electric vehicles from landfill biogas o For the 636 landfill biogas pr ojects that are currently operating, how will EPA verify that the biogas that is currently being converted to electricity is being used by vehicles? Where in the preamble and regulatory text is this described?

o If the landfill biogas is already being conv erted to electricity for use in the transportation sector, how would this meet the 50% GHG reduction requirements?

 Treatment of corn starch that adheres to corn kernel fiber after separate from DDG o In the memo to the docket titled, “Cellulosic Content of Various Feedstocks,” EPA indicates that on average 87 percent of corn kernel fiber is cellulosic material and that 13 percent is other organics. EPA defines other organics as including starch. Does EPA know what portion of the 13 percent was identifi ed as being starch? o In the preamble section titled, “Treatment of Corn Starch that Adheres to Corn Kernel Fiber...,” EPA states that more recent and refined data better represents the current methods of starch

- fiber separation. What does the new data indic ate concerning the percentage of starch that still adheres to the corn kernel after separation from DDG? o Will all biofuel produced from corn kernel fiber feedstock be qualified cellulosic material based on the provisions in the rule regarding the minimum t hreshold of 75 percent cellulosic material? For corn kernel fiber feedstock, i s there anything in the regulatory text that would prohibit biofuel producers from producing cellulosic biofuel even if 25 percent of the corn kernel fiber consists of corn star ch?

## Summary	of	Interagency	Working	Comments	on	Draft	Language	under

EO13563	Interagency	Review.		Subject	to	Further	P olicy	Review.

o For the corn kernel fiber feedstock pathway, is there any periodic mass

- balance or other requirements in the rule that would require the biofuel producer to verify that the starch content of corn kernel fiber is de minimis?

 Small Refinery o How man y small refineries/refiners qualified for the exemption in 2006 based on the 75,000 bpd threshold? o If the provision were evaluated for each year in isolation and not for all years back to 2006, how many refiners would qualify for the exemption in 2013 (o r the most recent year that production data is available) based on the 75,000 bpd threshold? o If the provisions as written were to go into effect, how many more gallons of ethanol would need to be blended into transportation fuel? W ould the change in th is exemption require the blending of ethanol in biofuel that was previously E0 and how would this effect the blend wall?