Renewable Fuel Standard (RFS) Program: Alternative RIN Retirement Schedule for Small Refineries (Proposed Rule)

Forms and Documents

Document Name	Status
2718ss01.docx Supporting Statement A	2022-06-14
2718_appendix A_01.xlsx Supplementary Document	2022-06-10

IC Document Collections

IC ID	Document Title	Status
254172	Small Refineries	New

ICR Details

OMB Control No:	ICR Reference No: 202206-2060-005
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: EPA/OAR	Agency Tracking No: 2718.01
Title: Renewable Fuel Standard (RFS) Program: Alternative RIN Retirement Schedule for Small Refineries (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: 06/14/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	78	0
Time Burden (Hours)	18	0
Cost Burden (Dollars)	0	0

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Abstract: This ICR covers a notification and associated recordkeeping provisions in a proposed rule for an alternative renewable identification number (RIN) retirement schedule for obligated parties that own/operate refineries that meet the definition of a small refinery under 40 CFR 80.1441(e)(2)(iii) (small refineries) under the RFS program for the 2020 compliance year. There are no other information collections proposed with this action. The Environmental Protection Agency (EPA) is proposing an alternative RIN retirement schedule for small refineries under the RFS program for the 2020 compliance year. To provide small refineries with more time to comply with their 2020 RFS obligations (including any RIN deficits from 2019 carried forward into the 2020 compliance year), EPA is proposing a quarterly RIN retirement schedule by which a small refinery must comply with certain percentages of its 2020 RFS obligations. EPA is proposing this action because small refineries need more time to plan for compliance with their RFS obligations given EPAs delay in deciding small refinery exemption (SRE) petitions and setting the associated compliance deadlines. The information to be collected is necessary to implement the proposed alternative RIN retirement schedule for small refineries. As part of this proposal, a small refinery would submit a notification to EPA indicating that the small refinery intends to use the alternative RIN retirement schedule and maintain records related to the determination and retirement of RINs under the alternative RIN retirement schedule. 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.

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Authorizing Statute(s): US Code: 42 USC 114 Name of Law: Clean Air Act
   US Code: 42 USC 208 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-AV72	Proposed rulemaking	87 FR 35711	06/13/2022

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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: 1

IC Title	Form No.	Form Name
Small Refineries

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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	78	0	0	78	0	0
Annual Time Burden (Hours)	18	0	0	18	0	0
Annual Cost Burden (Dollars)	0	0	0	0	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: This is a Proposed Rule.

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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: 06/14/2022

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