Renewable Fuel Standard (RFS) Program: RFS Annual Rules (Proposed Rule)

Forms and Documents

Document Name	Status
Form 5900-572 RFS Annual Rule - RIN Generators (Renewable Fuel Producers who use Biontermediates) Form and Instruction	New
Form 5900-570 RFS Annual Rule - Biointermediate Producers Form and Instruction	New
2691t01.xlsx Supplementary Document	2021-12-21
2691ss01.docx Supporting Statement A	2021-12-13

IC Document Collections

IC ID	Document Title	Status
250768	RFS Annual Rule - Third Parties	New
250767	RFS Annual Rule - Biointermediate Importers	New
250766	RFS Annual Rule - RIN Generators (Renewable Fuel Producers who use Biontermediates) Form and Instruction	New
250765	RFS Annual Rule - Biointermediate Producers Form and Instruction	New

ICR Details

OMB Control No:	ICR Reference No: 202112-2060-002
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: EPA/OAR	Agency Tracking No: 2691.01
Title: Renewable Fuel Standard (RFS) Program: RFS Annual Rules (Proposed Rule)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 12/21/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	56,330	0
Time Burden (Hours)	47,988	0
Cost Burden (Dollars)	2,828,180	0

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Abstract: This ICR is for a proposed rule makes a variety of amendments to the Renewable Fuel Standard (RFS) regulations, including amendments that will permit biointermediates into the RFS program. A biointermediate is produced from renewable biomass at a biointermediate production facility and is not itself a renewable fuel; the biointermediate will be processed into a renewable fuel at a subsequent renewable fuel production facility. Prior to this proposed rule, the RFS regulation did not include biointermediates, but there are economic and practical reasons that parties may wish to use them. The party who produces a biointermediate at their facility is a biointermediate producer and the party who processes the biointermediate into renewable fuel at their subsequent facility is a renewable fuel producer. The proposed regulations include new information collection burdens that are related to allowing biointermediates into the RFS program. The recordkeeping and reporting requirements of this proposed regulation would allow the EPA to monitor compliance from biointermediate producers, biointermediate importers, and renewable fuel producers who use biointermediates. Biointermediate producers (who have proposed recordkeeping and reporting requirements) and biointermediate importers (who have proposed recordkeeping requirements) are new regulated parties under the proposed rule. Renewable fuel producers are existing regulated parties who may increase in number (e.g., as new registrants who wish to make renewable fuel from biointermediates) or who may be subject to additional recordkeeping and reporting associated with their biointermediate use. Biointermediate producers and renewable fuel producers have proposed requirements related to having third party engineering reviews of their processes and facilities as part of registration, having a quality assurance plan (QAP) performed by an independent QAP provider, and have requirements for attest engagements performed as a check on their records and compliance report by a third party auditor. Biointermediate importers would need to engage a third party to provide a certification of volumes they import.

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Authorizing Statute(s): US Code: 2 USC 211 Name of Law: Clean Air Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2060-AV11	Proposed rulemaking	86 FR 72436	12/21/2021

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 4

IC Title	Form No.	Form Name
RFS Annual Rule - Biointermediate Importers
RFS Annual Rule - Biointermediate Producers	5900-570, 5900-571, 5900-529, 5900-475, 5900-357	RFS2 Co-products Report ,   RFS2 Renewable Biomass Report ,   RFS2 Biointermediate Producers Batch Reports ,   Attest Engagement Reporting for Fuels Programs ,   RFS2 Independent Third Party Batch Verification
RFS Annual Rule - RIN Generators (Renewable Fuel Producers who use Biontermediates)	5900-571, 5900-572, 5900-290, 5900-570	RFS2 Production Outlook Report ,   RFS2 Renewable Fuel Producer Supplemental Report ,   RFS2 Co-products Report ,   RFS2 Renewable Biomass Report
RFS Annual Rule - Third Parties

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ICR Summary of Burden

	Total Request	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	56,330	0	0	56,330	0	0
Annual Time Burden (Hours)	47,988	0	0	47,988	0	0
Annual Cost Burden (Dollars)	2,828,180	0	0	2,828,180	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The increase in burden is associated with a proposed rulemaking that makes a variety of amendments to the Renewable Fuel Standard (RFS) regulations, including amendments that will permit biointermediates into the RFS program.

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Annual Cost to Federal Government:

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

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Common Form ICR:  No

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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: 12/21/2021

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