View Information Collection Request (ICR) Package
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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
2060-0725
ICR Reference No:
202206-2060-001
Status:
Active
Previous ICR Reference No:
201811-2060-008
Agency/Subagency:
EPA/OAR
Agency Tracking No:
2546.03
Title:
Renewable Fuel Standard (RFS) Program (Renewal)
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
11/30/2022
Retrieve Notice of Action (NOA)
Date Received in OIRA:
08/31/2022
Terms of Clearance:
The agency is asked to provide a burden change table as part of the next information collection request that shows the estimated burden changes for that request relative to the estimates in the information collection request submitted on 8/31/22 and relative to the original estimates for the 2060-0725, 2060-0723, and 2060-0728 collections.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
11/30/2025
36 Months From Approved
11/30/2022
Responses
5,761,551
0
2,726,409
Time Burden (Hours)
860,970
0
654,965
Cost Burden (Dollars)
23,039,905
0
0
Abstract:
This ICR package is a renewal of an existing collection, Recordkeeping and Reporting for the Renewable Fuel Standard Program, OMB Control Number 2060-0725, expiring August 31, 2022. The RFS regulations are in 40 CFR part 80, subpart M. Because it is more efficient and easier for regulated parties to understand, we seek to consolidate the following approved ICRs into this collection: Modifications to Fuel Regulations to Provide Flexibility for E15; Modifications to RFS RIN Market Regulations (Final Rule), OMB Control Number 2060-0723, expiring November 30, 2022; and Renewable Fuel Standard Program: Standards for 2020 and Biomass-Based Diesel Volume for 2021, Response to the Remand of the 2016 Standards, and Other Changes (Final Rule), OMB Control Number 2060-0728, expiring December 31, 2023. The RFS program was created under the Energy Policy Act of 2005 (EPAct), which amended the Clean Air Act (CAA). The Energy Independence and Security Act of 2007 (EISA) further amended the CAA by expanding the RFS program. The RFS program is a national policy that requires a certain volume of renewable fuel to replace or reduce the quantity of petroleum-based transportation fuel, heating oil or jet fuel. The reporting requirements of the RFS program typically fall under registration and compliance reporting. Recordkeeping requirements include product transfer documents (PTDs) and retention of records that support items reported. Because RFS relies upon a marketplace of RINs, EPA has created and maintains the EPA Moderated Transaction System (EMTS) capable of handling a high volume of RIN trading activities. The respondents to this ICR are RIN Generators (producers and importers of renewable fuel), Obligated Parties (refiners and importers of gasoline and diesel), Exporters, RIN Owners, independent third-party Quality Assurance Plan (QAP) Providers, Third Parties (Auditors who submit reports on behalf of other respondents), and certain petitioners under the international aggregate compliance approach (such petitions are infrequent).
Authorizing Statute(s):
US Code:
42 USC 7414,7542,7545
Name of Law: Clean Air Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
87 FR 8013
02/11/2022
30-day Notice:
Federal Register Citation:
Citation Date:
87 FR 52964
08/30/2022
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
7
IC Title
Form No.
Form Name
Exporters
5900-288, 5900-290, 5900-373, 5900-475
RFS2 Activity Report (RFS0104)
,
RFS0601 Renewable Fuel Producer
,
RFS2700 Cellulosic Biofuel Producer
,
Attest Engagement Report (ATT0100)
Obligated Parties
5900-288, 5900-373, 5900-475
RFS2 Activity Report (RFS0104)
,
RFS2700 Cellulosic Biofuel Producer
,
Attest Engagement Report (ATT0100)
Petitions for Aggregated Compliance
5900-288, 5900-373, 5900-475
RFS2 Activity Report (RFS0104)
,
RFS2700 Cellulosic Biofuel Producer
,
Attest Engagement Report (ATT0100)
QAP Providers
5900-357, 5900-358, 5900-359, 5900-360, 5900-361, 5900-373, 5900-475, 5900-288
RFS2 Activity Report (RFS0104)
,
Independent Third-Party Batch Verification
,
Independent Third Party Aggregate RIN Verification
,
RFS2200 Independent Third Party On-Site Audit Report
,
RFS2300 Independent Third Party List of Potentially Invalid RINs
,
RFS2400 Independent Third Party Mass Balance
,
RFS2700 Cellulosic Biofuel Producer
,
Attest Engagement Report (ATT0100)
RIN Generators
5900-288, 5900-354, 5900-356, 5900-290, 5900-289, 5900-293, 5900-278, 5900-335, 5900-337, 5900-262, 5900-362, 5900-374, 5900-373, 5900-475, 5900-355
RFS2 Activity Report (RFS0104)
,
RFS0601 Renewable Fuel Producer
,
RFS0701 Renewal Fuel Producer Co-Products
,
FRS0801 Renewable Biomass Report
,
RFS0901 Production Outlook Report
,
RFS1000 Advanced Fuel Producers Using Grain
,
RFS1200 Invasive Species Reporting
,
RFS1300 Renewable Fuel Producers Using Crop Residue
,
RFS1700 Renewable Fuel Producers – Cellulosic Converted Fraction
,
RFS2500 Efficient Producer Data Form
,
RFS2700 Cellulosic Biofuel Producer
,
Attest Engagement Report (ATT0100)
,
RFS1400 Renewable Fuel Producers Reporting for 80.1451(b)(1)(ii)(T)
,
RFS 1500 Renewable Fuel Producers Reporting Fuels for 80.1451(b)(1)(ii)(T) – Finished Fuel Blending Report
,
RFS1600 Renewable Fuel Producers Reporting Fuels for 80.1451(b)(1)(ii)(T) – Blender Contact
RIN Owners
5900-373, 5900-475, 5900-288
RFS2 Activity Report (RFS0104)
,
RFS2700 Cellulosic Biofuel Producer
,
Attest Engagement Report (ATT0100)
Third Party Auditors
5900-475, 5900-288
RFS2 Activity Report (RFS0104)
,
Attest Engagement Report (ATT0100)
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
5,761,551
2,726,409
0
3,035,142
0
0
Annual Time Burden (Hours)
860,970
654,965
0
206,005
0
0
Annual Cost Burden (Dollars)
23,039,905
0
0
23,039,905
0
0
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Miscellaneous Actions
Burden decreases because of Program Change due to Agency Discretion:
Yes
Burden Reduction Due to:
Miscellaneous Actions
Short Statement:
There is decrease of 66,917 hours in the total estimated respondent burden compared with the ICRs (as discussed above, this ICR combines three ICRs in the renewal of 2060-0725; these three total 927,888 hours) currently approved by OMB. This decrease is due to several factors. Certain reporting burdens (e.g., initial registration or initial programming of product codes) are one-time and front-loaded as far as their hourly burden; and this leads to a decrease in total hours upon renewal in subsequent years. The number of parties participating in various recordkeeping and reporting activities based upon their roles in the program is somewhat fluid, and activity varies with economic conditions, and we tended to be overly generous in our initial estimates. Upon renewal, we use the actual number of registrants, by role; this ICR renewal uses the total number of parties registered in October 2021. Finally, we showed our estimates to industry representatives who are actual respondents (to perform industry consultations) and made adjustments to the hours spent in recordkeeping and reporting, and to the hourly rates used to estimate cost, based upon their feedback, and as described in the docketed supporting statement.
Annual Cost to Federal Government:
$4,485,827
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
No
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
No
Agency Contact:
Anne Pastorkovich 202 343-9623
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
08/31/2022