Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Proposed Rules 61205 

to this action because this measure does 

not modify any SIP control requirement 

that was in effect before November 15, 

1990. 

We are proposing to find that the 

submitted measure satisfies CAA 

requirements for enforceability, SIP 

revisions, and nontraditional emission 

reduction programs as interpreted in 

EPA guidance documents. The TSD 

contains more information on our 

evaluation of this measure. 

C. Public Comment and Proposed 

Action 

The EPA proposes to fully approve 

the submitted measure under CAA 

section 110(k)(3) based on a conclusion 

that the measure satisfies all applicable 

requirements. We will accept comments 

from the public on this proposal until 

January 26, 2018. If we take final action 

to approve the submitted measure, our 

final action will incorporate this 

measure into the federally enforceable 

SIP. 

III. Incorporation by Reference 

In this action, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

the NSAQMD measure described in 

Table 1 of this preamble. The EPA has 

made, and will continue to make, these 

materials available through 

www.regulations.gov and at the EPA 

Region IX Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this proposed action 

merely proposes to approve state law as 

meeting federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866; 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide the EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved to 

apply on any Indian reservation land or 

in any other area where the EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: December 14, 2017. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2017–27950 Filed 12–26–17; 8:45 am] 

BILLING CODE 6560–50–P 

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 


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61206 Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Proposed Rules 

1North American Industry Classification System. 

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: Galperin.diana@

epa.gov. 

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 NAICS1 codes 

Sorghum Farming ........................................................................................................................................................... 11119, 111191, 111199 

Petroleum refineries (including importers). ..................................................................................................................... 324110 

Ethyl alcohol manufacturing. .......................................................................................................................................... 325193 

Other basic organic chemical manufacturing. ................................................................................................................ 325199 

Chemical and allied products merchant wholesalers. .................................................................................................... 424690 

Petroleum Bulk Stations and Terminals; Petroleum ...................................................................................................... 424710, 424720 

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. 

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 


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2A 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. 

3Please 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-ruleidentify-additional-fuel-pathways-under-renewablefuel and https://www.epa.gov/renewable-fuelstandard-program/renewable-fuel-pathways-ii-finalrule-identify-additional-fuel. 

4As 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. 

5Table 1 to 40 CFR 80.1426, Rows R and S. 

6USDA, NASS, ‘‘Sorghum for Grain 2016 

Harvested Acres by County for Selected States,’’ 

Continued 

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. 

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. 

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. 

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 coproduct (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 


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61208 Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Proposed Rules 

https://www.nass.usda.gov/Charts_and_Maps/ 

graphics/AS-HA-RGBChor.pdf. 

7Sorghum Checkoff, ‘‘Renewables,’’ http://

www.sorghumcheckoff.com/market-opportunities/ 

renewables, accessed 09–05–2017. 

8USDA, 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-bioenergystatistics/us-bioenergy-statistics/#Feedstocks, 

accessed 09–05–2017. 

9The 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-additionalresources. 

10See the December 2012 grain sorghum ethanol 

rule (77 FR 74592). 

11The 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. 

12 ‘‘Summary of Net Energy Impacts of ReducedOil Sorghum Dried Distillers Grains with Solubles 

(DDGS) on Livestock,’’ Air Docket EPA–HQ–OAR– 

2017–0655. 

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. 

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 fuelblender; 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. 

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. 

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. 

TABLE IV.1—KEY NUTRIENT MAKE-UP

OF FULL-OIL AND REDUCED-OIL

DRIED DISTILLERS GRAINS WITH

SOLUBLES (DDGS) 11

Nutrient 

Full-oil 

sorghum 

DDGS 

Reducedoil 

sorghum 

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. 

Research suggests that for poultry and 

swine, ‘‘increased concentrations of free 

fatty acids have a negative impact on 


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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. 14H.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/S002203

0216000515) 

15University 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. 

16PennState Extension, ‘‘Troubleshooting 

Problems with Milkfat Depression,’’ August 14, 

2017, https://extension.psu.edu/troubleshootingproblems-with-milkfat-depression. Accessed 

September 8, 2017. 

17PennState Extension, ‘‘Urea in Beef Cattle 

Rations,’’ August 8, 2017, https://

extension.psu.edu/urea-in-beef-cattle-rations. 

Accessed October 18, 2017. 

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. 

19Protein sources such as soybean meal can be 

used to supplement sorghum DGS for poultry. 

20See 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. 

21Wang, 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. 

22Mueller, S., Kwik, J. (2013). ‘‘2012 Corn 

Ethanol: Emerging Plant Energy and Environmental 

Technologies.’’ 

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. 

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 reducedoil 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. 

An impact on displacement rates may 

occur when reduced-oil instead of fulloil 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 reducedoil DDGS fed to beef cattle displaces 

1.173 pounds of corn. A pound of fulloil 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. 

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] 

Ingredient 

Beef cattle Dairy cattle Swine Poultry 19

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 reducedoil 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. 

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 


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23The 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. 

24See sources referenced in footnotes 20 and 21 

for energy use associated with oil extraction, and 

California Air Resources Board (2014). ‘‘CaliforniaModified 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. 

25NSP petition, section F.2.iv 

26For example, the California Air Resources 

Board (CARB) estimated this impact would be 

approximately 10 kgCO2e/mmBtu of biodiesel 

produced from distillers corn oil (https://

www.arb.ca.gov/fuels/lcfs/2a2b/apps/co_bd_wdgsrpt-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. 

27See Table 15 in the January 5, 2012 Pathways 

I direct final rule (77 FR 722). 

28See for example: https://www.arb.ca.gov/fuels/ 

lcfs/2a2b/apps/co_bd_wdgs-rpt-102414.pdf. 

29For details see section 2.4 of the RIA for the 

March 2010 RFS final rule. 

30For determination documents responding to 

facility specific petitions, see: https://www.epa.gov/ 

renewable-fuelstandard-program/approvedpathways-renewable-fuel. 

31See the March 2013 Pathways I rule, 

specifically 78 FR 14198–14200 (March 5, 2013). 

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. 

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. 

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). 

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. 

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 facilityspecific 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 kgCO2e/mmBtu 

higher), but the threshold GHG 

reduction results discussed below are 

not sensitive to this assumption. 

Our previous analyses of 

hydrotreating processes have applied an 

energy allocation approach for RINgenerating 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 


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32See, ‘‘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. 

33See the March 2013 RFS Pathway I rule (78 FR 

14190, March 5, 2013). 34For 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. 

displacement approach, and thus can be 

viewed as a conservative approach. 

In the allocation approach, all the 

emissions from the hydrotreating 

process are allocated across all coproducts. 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. 

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) 

Fuel Biodiesel Renewable 

diesel, jet fuel Naphtha LPG 2005 Diesel baseline 

2005 Gasoline 

baseline 

Production process Transesterification 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. 

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 


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would support a determination that 

these fuels are eligible for biomassbased 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/lawsregulations/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, lowincome 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 

■ 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] 

■ 2. Section 80.1401 is amended by 

adding in alphabetical order a new 

definition for ‘‘distillers sorghum oil’’ to 

read as follows: 

§ 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. 

* * * * * 

■ 3. Section 80.1426, paragraph (f)(1) is 

amended by revising entries F, H, and 

I in Table 1 to § 80.1426 to read as 

follows: 


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§ 80.1426 How are RINs generated and 

assigned to batches of renewable fuel by 

renewable fuel producers or importers? 

* * * * * 

(f) * * * 

(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 

and heating oil, biodiesel.

Soy bean oil; Oil from annual 

covercrops; Oil from algae grown 

photosynthetically; Biogenic waste 

oils/fats/greases; Non-food grade 

corn oil; Camelina sativa oil; Distillers sorghum oil.

One of the following: 

TransEsterification Hydrotreating 

Excluding processes that co-process renewable biomass and petroleum.

4 

*******

H .............. Biodiesel, renewable diesel, jet fuel 

and heating oil.

Soy bean oil; Oil from annual 

covercrops; Oil from algae grown 

photosynthetically; Biogenic waste 

oils/fats/greases; Non-food grade 

corn oil; Camelina sativa oil; Distillers sorghum oil.

One of the following: 

TransEsterification Hydrotreating 

Includes only processes that coprocess renewable biomass and 

petroleum.

5 

I ................ Naphtha, LPG .................................. Camelina sativa oil; Distillers sorghum oil.Hydrotreating .................................... 5 

*******

* * * * * 

[FR Doc. 2017–27946 Filed 12–26–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 131 

[EPA–HQ–OW–2017–0010; FRL–9972–46– 

OW] 

RIN 2040–AF69 

Water Quality Standards for the State 

of Missouri’s Lakes and Reservoirs 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA or Agency) proposes to 

establish federal nutrient criteria to 

protect designated uses for the State of 

Missouri’s lakes and reservoirs. On 

August 16, 2011, EPA disapproved most 

of the numeric criteria for total nitrogen, 

total phosphorus, and chlorophyll a that 

the State submitted to EPA in 2009. EPA 

acknowledged the importance of 

Missouri’s proactive efforts to address 

nutrient pollution by adopting numeric 

nutrient criteria. However, EPA 

concluded that the Missouri Department 

of Natural Resources (MDNR) had failed 

to demonstrate the criteria would 

protect the State’s designated uses and 

were not based on a sound scientific 

rationale. The Clean Water Act (CWA) 

directs EPA to promptly propose water 

quality standards (WQS) that meet CWA 

requirements if a state does not adopt 

WQS addressing EPA’s disapproval. On 

February 24, 2016, the Missouri 

Coalition for the Environment (MCE) 

filed a lawsuit alleging that EPA failed 

to satisfy its statutory obligation to act 

‘‘promptly.’’ On December 1, 2016, EPA 

entered into a consent decree with MCE 

committing to sign a notice of proposed 

rulemaking by December 15, 2017 to 

address EPA’s 2011 disapproval, unless 

the State submits and EPA approves 

criteria that address the disapproval on 

or before December 15, 2017. As of the 

date of this proposed rule, Missouri has 

not submitted new or revised standards 

to address EPA’s 2011 disapproval and 

EPA has not approved such water 

quality standards. Therefore, under the 

terms of the consent decree, EPA is 

signing a notice of proposed rulemaking 

that proposes new water quality 

standards addressing EPA’s August 16, 

2011 disapproval. In this proposal, EPA 

seeks comment on two primary 

alternatives. Under the first alternative, 

EPA proposes nutrient protection values 

and eutrophication impact factors in a 

combined criterion approach. Under the 

second alternative, EPA proposes a 

similar combined criterion approach 

that would mirror the State of 

Missouri’s October 2017 proposal for 

lake nutrient water quality standards. 

EPA will not proceed with final 

rulemaking (or will withdraw its final 

rule, if applicable) to address its 2011 

disapproval if Missouri adopts and 

submits criteria to address EPA’s 2011 

disapproval and EPA approves them as 

meeting CWA requirements. 

DATES: Comments must be received on 

or before February 26, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OW–2017–0010, at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from regulations.gov. 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be 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. 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 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

EPA is offering two online public 

hearings so that interested parties may 

provide verbal comments on this 

proposed rule. The first public hearing 


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