Renewable Fuel Standard (RFS) Program: Standards for 2023-2025 and Other Changes (Final Rule)

Forms and Documents

Document Name	Status
Form 5900-631 Producers of RF from Biogas Form and Instruction	New
Form 5900-631 RNG RIN Separators Form and Instruction	New
Form 5900-633 QAP Providers Form and Instruction	New
Form 5900-631 BCDS RIN Generators Form and Instruction	New
Form 5900-631 Parties who use alt. recordkeeping -- Separated Food Waste (SFW) Form and Instruction	New
Form 5900-631 Biogas Importers Form and Instruction	New
Form 5900-631 RNG Producers Form and Instruction	New
Form 5900-631 Biogas Producers Form and Instruction	New
Form RFS0107 RFS Industry Respondents Form and Instruction	Removed
Appendix A - Detailed Burden Estimates for Set FRM - OMS2.xlsx Supplementary Document	2023-09-13
2722ss02.docx Supporting Statement A	2023-09-13

IC Document Collections

IC ID	Document Title	Status
262172	Producers of RF from Biogas Form and Instruction	New
262171	Third Party Auditors	New
262170	RNG RIN Separators Form and Instruction	New
262169	QAP Providers Form and Instruction	New
262168	BCDS RIN Generators Form and Instruction	New
262167	Parties who use alt. recordkeeping -- Separated Food Waste (SFW) Form and Instruction	New
262166	Biogas Importers Form and Instruction	New
262164	RNG Producers Form and Instruction	New
262161	Biogas Producers Form and Instruction	New
258604	RFS Industry Respondents Form and Instruction	Removed

ICR Details

OMB Control No: 2060-0749	ICR Reference No: 202309-2060-004
Status: Received in OIRA	Previous ICR Reference No: 202302-2060-006
Agency/Subagency: EPA/OAR	Agency Tracking No: 2722.02
Title: Renewable Fuel Standard (RFS) Program: Standards for 2023-2025 and Other Changes (Final 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: 09/13/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	58,354	0
Time Burden (Hours)	83,393	0
Cost Burden (Dollars)	11,404,947	0

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Abstract: We are finalizing compliance provisions necessary to ensure that the production, distribution, and use of biogas, RNG, and RINs are consistent with Clean Air Act requirements under the RFS program. These compliance provisions include registration, reporting, product transfer documents (PTDs), and recordkeeping requirements. The information requirements are under 40 CFR part 80, subparts E and M, and 40 CFR part 1090. Interested parties may wish to review the following related ICRs: Fuels Regulatory Streamlining (Final Rule), OMB Control Number 2060-0731, expires January 31, 2024, and Renewable Fuel Standard (RFS) Program (Renewal), OMB Control Number 2060-0725, expires November 30, 2025. Specifically related to this information collection request, we are proposing compliance provisions necessary to ensure that the production, distribution, and use of biogas, renewable electricity, and RINs are consistent with Clean Air Act requirements under the RFS program. These proposed compliance provisions include registration, reporting, product transfer documents (PTDs), and recordkeeping requirements.

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Authorizing Statute(s): US Code: 42 USC 7414 Name of Law: Clean Air Act
   US Code: 42 USC 7542 Name of Law: Clean Air Act
   US Code: 42 USC 7201 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-AV14	Final or interim final rulemaking	88 FR 44468	07/12/2023

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 9

IC Title	Form No.	Form Name
BCDS RIN Generators	5900-631, 5900-640, 5900-641	RFS0107 ,   RFS5000 ,   RFS5100
Parties who use alt. recordkeeping -- Separated Food Waste (SFW)	5900-631, 5900-632	RFS0107 ,   RFS1701
RNG Producers	5900-631, 5900-638, 5900-639, 5900-644	RFS0107 ,   RFS4800 ,   RFS4900 ,   RFS5400
Biogas Importers	5900-631	RFS0107
Biogas Producers	5900-631, 5900-632, 5900-637, 5900-644, 5900-529	RFS0107 ,   RFS1701 ,   RFS4000 ,   RFS4100 ,   RFS5400
Producers of RF from Biogas	5900-631, 5900-644	RFS0107 ,   RFS5400
QAP Providers	5900-634, 5900-635, 5900-361, 5900-633, 5900-636	RFS2001 ,   RFS2301 ,   RFS2101 ,   RFS2201 ,   RFS2400
RFS Industry Respondents	RFS2000, RFS1700, RFS1800, RFS2100, RFS2200, RFS4100, RFS4200, RFS4300, RFS4400, RFS4500, RFS4600, RFS4700, RFS4800, RFS4900, RFS5000, RFS5100, RFS5200, RFS5300, RFS5400, ATT0102, RFS0107, RFS2300, RFS2400	RFS Activity Report ,   Cellulosic Converted Fraction ,   C-Processed Fuel or Intermediate ,   Independent Third Party Batch Verification Report ,   Independent Third Party Aggregate RIN Verification ,   Independent Thirdy-Party On-Site Audit Repor ,   Independent Third-Party List of Potentially Invalid ,   RFS Independent Third-Party Mass Balance ,   Biogas Producer - Batch Report ,   Renewable Electricity Generator - Feedstock Report ,   Renewable Electricity RIN Generator - Production Report ,   Renewable Electricty Generator - Renewable Electric ,   Renewable Electricity Data Transfer Report ,   Renewable Electricity RIN Generator - RIN Generation ,   Renewable Electricity RIN Generator - RIN Generation ,   RNG Producer - RIN Generation Fleet Outlook Report ,   RIN-less Producer Supplemental Report ,   Biogas Producer Closed System - Volume Report ,   Biogas Producer Closed Distribution System - Dispen ,   RNG RIN Separator - Total Volume Report ,   RNG RIN Separator - Dispensed Location Report ,   RNG RIN Retirement - Supplemental Report ,   Attest Engagement
RNG RIN Separators	5900-631, 5900-642, 5900-643	RFS0107 ,   RFS5200 ,   RFS5300
Third Party Auditors

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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	58,354	0	0	58,354	0	0
Annual Time Burden (Hours)	83,393	0	0	83,393	0	0
Annual Cost Burden (Dollars)	11,404,947	0	0	11,404,947	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 new collection related to the Renewable Fuels Standard program. All burden is new. Please refer to OMB Control Nos. 2060-0725 and 2060-0742 for existing, related collections.

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Annual Cost to Federal Government: $402,000

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: 09/13/2023

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