Small Refinery Exemption Study

Forms and Documents

Document Name	Status
Form PI 588 Small Refinery Exemption Study Form	New
PI588-posting-instructions-per OMB 9-22-10.pdf Supplementary Document	2010-09-22
PI588-survey-Cover-Letter3 per OMB 9-22-10.docx Supplementary Document	2010-09-22
Part B Supporting Document w-OMB changes 9-22-10.doc Supporting Statement B	2010-09-22
Supporting Statement small refineryv2-Final.doc Supporting Statement A	2010-05-27

IC Document Collections

IC ID	Document Title	Status
193060	Small Refinery Exemption Study Form	New

ICR Details

OMB Control No: 1910-5154	ICR Reference No: 201005-1910-006
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: DOE/DOEOA	Agency Tracking No: Peter Whitman
Title: Small Refinery Exemption Study
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 06/15/2010
OIRA Conclusion Action: Approved with change	Conclusion Date: 09/22/2010
	Date Received in OIRA: 05/27/2010
Terms of Clearance: In accordance with 5 CFR 1320, OMB is approving the information collection. This collection will be valid for six months. If DOE decides to continue use of the collection past the approved emergency request clearance time period, it must resubmit to OMB under the normal PRA clearance process for a three-year approval.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2011	6 Months From Approved
Responses	50	0	0
Time Burden (Hours)	750	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: Section 211(o)(9)(A)(ii) of the Clean Air Act, as amended by the Energy Policy Act of 2005 (EPACT 2005), requires that the Department of Energy (DOE) conduct a study for the Administrator of the Environmental Protection Agency (EPA) assessing whether the renewable fuel standard (RFS) would impose a “disproportionate economic hardship” on small refineries, This optional survey allows respondents to submit data that will provide technical support for a determination of disproportionate economic hardship

Emergency Justfication: Section 211(o)(9)(A)(ii) of the Clean Air Act, as amended by the Energy Policy Act of 2005 (EPACT 2005), requires that the Department of Energy (DOE) conduct a study for the Administrator of the Environmental Protection Agency (EPA) assessing whether the renewable fuel standard (RFS) would impose a “disproportionate economic hardship” on small refineries, defined as those facilities with capacities under 75,000 BBLS/ calendar day. Based on the results of the study, EPA may be obligated to extend the RFS exemption to small refineries for at least two additional years beyond its current expiration date of 2010. On February 24, 2009, the Department transmitted its study with recommendations to EPA. The Senate Report (Senate Report 111- 45) accompanying the FY2010 Energy and Water Development Appropriations Bill included language directing DOE to re-open the study and re-visit the issue in greater detail, completing the revised study by June 30, 2010. The FY2010 Energy and Water Development Appropriations Conference Report (House Report 111-278) included language supporting the Senate Appropriation report request. Specifically, the Committee requested: " … [the] Department is specifically directed to seek and invite comment from small refineries on the RFS exemption hardship question, assess RFS compliance impacts on small refinery utilization rates and profitability, evaluate the financial health and ability of small refineries to meet RFS requirements, study small refinery impacts and regional dynamics by PADD, and reassess the accuracy of small refinery compliance costs through the purchase of renewable fuel credits." Such a study will require refinery-specific information in order to make a determination of “disproportionate economic hardship”. In order to obtain such data and comply with the Paperwork Reduction Act, a survey must be conducted. While the June 30 deadline will likely not be met, the Environmental Protection Agency has a statutory deadline to publish in the Federal Register by November 30 the mandated renewable fuel requirements for obligated parties effective in calendar year 2011. Since the data must be collected, analyzed and the study completed before EPA can prepare the rulemaking necessary for setting the 2011 mandates, the requirement of publishing a 60-day and 30-day Federal Register notice will make this schedule unachievable.

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Authorizing Statute(s): PL: Pub.L. 42 - 85 211(o)(9)(A)(ii) Name of Law: Clean Air Act
   PL: Pub.L. 109 - 58 406 Name of Law: Energy Policy Act of 2005
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
30-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 135	07/15/2010
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Small Refinery Exemption Study	PI 588	RFS2 Small Refinery Survey 2010

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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	50	0	0	0	50	0
Annual Time Burden (Hours)	750	0	0	0	750	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government:

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? 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]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Yes

Is this ICR related to the Pandemic Response? Uncollected

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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: 05/27/2010

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