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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:
2060-0740
ICR Reference No:
202206-2060-004
Status:
Active
Previous ICR Reference No:
202112-2060-002
Agency/Subagency:
EPA/OAR
Agency Tracking No:
2691.02
Title:
Renewable Fuel Standard (RFS) Program: RFS Annual Rules (Final Rule)
Type of Information Collection:
New collection (Request for a new OMB Control Number)
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved with change
Conclusion Date:
10/07/2022
Retrieve Notice of Action (NOA)
Date Received in OIRA:
08/18/2022
Terms of Clearance:
In accordance with 1320.10(a), the agency is reminded to submit the ICR for OMB review the day of Federal Register publication for the final rule.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
10/31/2025
36 Months From Approved
Responses
172,360
0
0
Time Burden (Hours)
167,385
0
0
Cost Burden (Dollars)
9,262,146
0
0
Abstract:
This ICR is for a final rule that makes a variety of amendments to the Renewable Fuel Standard (RFS) regulations, including amendments that will permit biointermediates into the RFS program. The new regulations include new information collection burdens that are related to allowing biointermediates into the RFS program. The recordkeeping and reporting requirements allow the EPA to monitor compliance from biointermediate producers, biointermediate importers, and renewable fuel producers who use biointermediates. Biointermediate producers (who have recordkeeping and reporting requirements) and biointermediate importers (who have recordkeeping requirements) are new regulated parties under the rule. Renewable fuel producers are pre-existing regulated parties. More parties may register as renewable fuel producers (e.g., as new registrants who wish to make renewable fuel from biointermediates). Under this final rule, renewable fuel producers will be subject to additional recordkeeping and reporting associated with their biointermediate use. Biointermediate producers and renewable fuel producers require: third party engineering reviews of their processes and facilities, a quality assurance plan (QAP) performed by an independent QAP provider, and attest engagements performed as a check on their records and compliance report by a third-party auditor. Biointermediate importers will need to engage a third party to provide a certification of volumes they import. This information collection request is related to the following approved information collection requests for the RFS program: 2060-0723 (expiring 11/30/2022), 2060-0725 (expiring 08/31/2022) and 2060-0728 (expiring 12/31/2023). EPA recently published a Federal Register notice on February 11, 2022 (87 FR 8013) to renew these existing collections together under the single control number of 2060-0725.
Authorizing Statute(s):
US Code:
2 USC 211
Name of Law: Clean Air Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
2060-AV11
Final or interim final rulemaking
86 FR 72436
12/21/2021
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
4
IC Title
Form No.
Form Name
RFS Annual Rule - Biointermediate Importers
5900-475, 5900-288, 5900-359, 5900-360, 5900-361, 5900-357
Attest Engagement Report (ATT0100)
,
RFS Activity Report
,
RFS2000: Independent Third Party Batch Verification
,
RFS2200: Independent Third Party On-Site Audit Report
,
RFS2300: Independent Third Party List of Potentially Invalid RINs
,
RFS2400: Independent Third Party Mass Balance
RFS Annual Rule - Biointermediate Producers
5900-288, 5900-475, 5900-359, 5900-289, 5900-293, 5900-357, 5900-360, 5900-361, 5900-529
Attest Engagement Report (ATT0100)
,
RFS Activity Report
,
RFS0702 Renewal Fuel Producer Co-Products
,
RFS0801: Renewable Biomass Report
,
RFS2000: Independent Third Party Batch Verification
,
RFS2200: Independent Third Party On-Site Audit Report
,
RFS2300: Independent Third Party List of Potentially Invalid RINs
,
RFS2400: Independent Third Party Mass Balance
,
RFS4000: Biointermediate Producers Batch Reports
RFS Annual Rule - RIN Generators (Renewable Fuel Producers who use Biontermediates)
5900-475, 5900-288, 5900-290, 5900-289, 5900-293, 5900-357, 5900-360, 5900-361, 5900-359
Attest Engagement Report (ATT0100)
,
RFS Activity Report
,
RFS0602: Renewable Fuel Producer Supplemental Report
,
RFS0702: Renewal Fuel Producer Co-Products
,
RFS0801: Renewable Biomass Report
,
RFS2000: Independent Third Party Batch Verification
,
RFS2200: Independent Third Party On-Site Audit Report
,
RFS2300: Independent Third Party List of Potentially Invalid RINs
,
RFS2400: Independent Third Party Mass Balance
RFS Annual Rule - Third Parties
5900-475, 5900-288, 5900-357, 5900-359, 5900-361, 5900-360
Attest Engagement Report (ATT0100)
,
RFS Activity Report
,
RFS2000: Independent Third Party Batch Verification
,
RFS2200: Independent Third Party On-Site Audit Report
,
RFS2300: Independent Third Party List of Potentially Invalid RINs
,
RFS2400: Independent Third Party Mass Balance
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
172,360
0
0
172,360
0
0
Annual Time Burden (Hours)
167,385
0
0
167,385
0
0
Annual Cost Burden (Dollars)
9,262,146
0
0
9,262,146
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:
No
Burden Reduction Due to:
Short Statement:
This is a new collection. The estimates did increase from the proposed rule to the final rule, in response to feedback and in anticipation of higher participation (number of respondents).
Annual Cost to Federal Government:
$1,103,500
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:
08/18/2022