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

Forms and Documents

Document Name	Status
Form RFS0107 RFS Industry Respondents Form and Instruction	New
Appendix A - Detailed Burden Estimates for Set ERINS1.xlsx Supplementary Document	2023-02-16
2722ss01.docx Supporting Statement A	2023-02-16

IC Document Collections

IC ID	Document Title	Status
258604	RFS Industry Respondents Form and Instruction	New

ICR Details

OMB Control No:	ICR Reference No: 202302-2060-006
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: EPA/OAR	Agency Tracking No: 2722.01
Title: Renewable Fuel Standard (RFS) Program: Standards for 2023-2025 and Other Changes (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: 07/13/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	144,020	0
Time Burden (Hours)	181,010	0
Cost Burden (Dollars)	22,422,240	0

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Abstract: This ICR is for a proposed rule that describes how RINs from biogas-derived renewable fuels may be generated under the RFS program. The biogas-derived renewable fuels included in this proposal are renewable compressed natural gas (CNG), renewable liquified natural gas (LNG), and renewable electricity. The regulations we propose address which parties can generate RINs, the prevention of double-counting, and the data requirements for valid RIN generation. The proposed changes are intended to provide clarity on how renewable electricity produced from biogas would be incorporated into the RFS so that the existing RIN-generating pathway could be effectively utilized in a manner that ensures RINs are generated consistent with RFS regulatory requirements. 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 7542 Name of Law: Clean Air Act
   US Code: 42 USC 7414 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	Proposed rulemaking	87 FR 80542	12/30/2022

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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
RFS Industry Respondents	RFS2000, RFS1700, RFS1800, RFS2100, RFS2200, RFS4100, RFS4200, RFS4300, RFS4400, RFS4500, RFS4600, RFS4700, RFS4800, RFS4900, RFS5000, RFS5100, RFS5200, RFS5300, RFS5400, ATT0102, RFS0107, RFS2400, RFS2300	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

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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	144,020	0	0	144,020	0	0
Annual Time Burden (Hours)	181,010	0	0	181,010	0	0
Annual Cost Burden (Dollars)	22,422,240	0	0	22,422,240	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: 07/13/2023

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