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.
Inventory as of this Action
Requested
Previously Approved
36 Months From Approved
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0
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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