OMB files this comment in accordance with 5 CFR 1320.11(c) of the Paperwork Reduction Act and is withholding approval of this collection at this time. This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. The agency shall examine public comment in response to the Notice of Proposed Rulemaking and will include in the supporting statement of the next ICR, to be submitted to OMB at the final rule stage, a description of how the agency has responded to any public comments on the ICR. This action has no effect on any current approvals.
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With this proposed information collection request (ICR), the Office of Air and Radiation (OAR) is seeking permission to require certain recordkeeping and reporting in connection with an amendment to the definition of "heating oil" under the renewable fuel standard (RFS2) program. The recordkeeping and reporting changes are expected to affect11 non-Federal respondents, including ten producers and one importer.
EPA is issuing a direct final rule to amend the definition of heating oil in 40 CFR 80.1401 in the RFS2 program, under section 211(o) of the Clean Air Act. This amendment will expand the scope of renewable fuels that can generate Renewable Identification Numbers (RINs) as heating oil to include fuel oil produced from qualifying renewable biomass that will be used to generate heat to warm buildings or other facilities where people live, work, recreate, or conduct other activities. Fuel oils used to generate process heat, power, or other functions will not be included in the amended definition. Producers or importers of fuel oil that meets the amended definition of heating oil will be allowed to generate RINs, providing that the fuel oil meets the other requirements specified in the RFS regulations. This amendment will not modify or limit fuel included in the current definition of heating oil at ?80.2(ccc). The direct final rule does include new recordkeeping and reporting items applicable to producers or importers of fuel oil that meet the amended definition. These recordkeeping and reporting items affect a small number of RIN generators whose product meets the amended definition, and consist of additional registration, product transfer document (PTD) and recordkeeping requirements. We anticipate that 10 producers and one importer may be affected, for a total of 11 non-Federal respondents.
The burden cover by this ICR is associated with a direct final rule that amends the definition of heating oil in 40 CFR 80.1401 in the RFS2 program, under section 211(o) of the Clean Air Act. EPA withdrew the direct final rule and proceeded with the proposed rule which was issued at the same time as the direct final rule.
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:
(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;
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.
2462ss01(rev).docx
Amended Heating Oil Definitions under the Renewable Fuels Standard