|
|---|
|
Proposed Information Collection Request; Comment Request; Recordkeeping and Reporting for the Renewable Fuel Standard Program Publication: Federal Register Agency: Environmental Protection Agency Byline: Byron J. Bunker Date: 11 February 2022 Subjects: American Government  , The Environment, Petroleum
Topic: |
[Federal Register Volume 87, Number 29 (Friday, February 11, 2022)]
[Notices]
[Pages 8013-8015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02901]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2022-0105; FRL-9477-01-OAR]
Proposed Information Collection Request; Comment Request;
Recordkeeping and Reporting for the Renewable Fuel Standard Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is planning to
submit an information collection request (ICR), ``Recordkeeping and
Reporting for the Renewable Fuel Standard (RFS) Program,'' EPA ICR No.
2546.03 OMB Control No. 2060-0725) to the Office of Management and
Budget (OMB) for review and approval in accordance with the Paperwork
Reduction Act (PRA). Before doing so, EPA is soliciting public comments
on specific aspects of the proposed information collection as described
below. This is a request for renewal of an existing collection. An
Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number.
DATES: Comments must be submitted on or before April 12, 2022.
ADDRESSES: You may send comments, identified by Docket ID No EPA-HQ-
OAR-2022-0105, by any of the following methods:
Federal eRulemaking Portal: Submit your comments at
https://www.regulations.gov (our preferred method). Follow the online
instructions for submitting comments.
Email: Email your comments to a-and-r-Docket@epa.gov.
Include Docket ID No. EPA-HQ-OAR-2022-0105 in the subject line of the
message.
Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Air & Radiation Docket, Mail Code 28221T, 1200 Pennsylvania
Avenue NW, Washington, DC 20460.
Hand Delivery or Courier (by scheduled appointment only):
EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution
Avenue NW, Washington, DC 20004. The Docket Center's hours of
operations are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal
Holidays).
Instructions: All submissions received must include the Docket ID
No. for this notice. Comments received may be posted without change to
https://www.regulations.gov, including any personal information
provided. For detailed instructions on sending comments and additional
information on this action, see the SUPPLEMENTARY INFORMATION section
of this document. Out of an abundance of caution for members of the
public and our staff, the EPA Docket Center and Reading Room are closed
to the public, with limited exceptions, to reduce the risk of
transmitting COVID-19. Our Docket Center staff will continue to provide
remote customer service via email, phone, and webform. We encourage the
public to submit comments via https://www.regulations.gov or email, as
there may be a delay in processing mail and faxes. Hand deliveries and
couriers may be received by scheduled appointment only. For further
information on EPA Docket Center services and the status, please visit
us online at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Anne-Marie Pastorkovich, Environmental
Protection Agency, telephone number: 202-343-9623; email address:
pastorkovich.anne-marie@epa.gov.
SUPPLEMENTARY INFORMATION: Supporting documents (which explain in
detail the information that the EPA will be collecting) are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person as described in the ADDRESSES section.
The telephone number for the Docket Center is 202-566-1744. For
additional information about EPA's public docket, visit http://www.epa.gov/dockets.
Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting
comments
[[Page 8014]]
and information to enable it to: (i) Evaluate whether the proposed
collection of information is necessary for the proper performance of
the functions of the Agency, including whether the information will
have practical utility; (ii) evaluate the accuracy of the Agency's
estimate of the burden of the proposed collection of information,
including the validity of the methodology and assumptions used; (iii)
enhance the quality, utility, and clarity of the information to be
collected; and (iv) minimize the burden of the collection of
information on those who are to respond, including through the use of
appropriate automated electronic, mechanical, or other technological
collection techniques or other forms of information technology, e.g.,
permitting electronic submission of responses. EPA will consider the
comments received and amend the ICR as appropriate. The final ICR
package will then be submitted to OMB for review and approval. At that
time, EPA will issue another Federal Register notice to announce the
submission of the ICR to OMB and the opportunity to submit additional
comments to OMB.
This ICR package is a renewal of an existing collection,
``Recordkeeping and Reporting for the Renewable Fuel Standard
Program,'' OMB Control Number 2060-0725, expiring August 31, 2022. The
RFS regulations are in 40 CFR part 80, subpart M. Because it is more
efficient and easier for regulated parties to understand, we seek to
consolidate the following approved ICRs into this collection:
Modifications to Fuel Regulations to Provide Flexibility
for E15; Modifications to RFS RIN Market Regulations (Final Rule), OMB
Control Number 2060-0723, expiring November 30, 2022; and
Renewable Fuel Standard Program: Standards for 2020 and
Biomass-Based Diesel Volume for 2021, Response to the Remand of the
2016 Standards, and Other Changes (Final Rule), OMB Control Number
2060-0728, expiring December 31, 2023.
When this ICR renewal of 2060-0725 is complete, and once it is
approved by OMB, we will seek to cancel 2060-0723 and 2060-0728, as
they will no longer be necessary.
What is the RFS program?
The RFS program was created under the Energy Policy Act of 2005
(EPAct), which amended the Clean Air Act (CAA). The Energy Independence
and Security Act of 2007 (EISA) further amended the CAA by expanding
the RFS program. EPA implements RFS in consultation with U.S.
Department of Agriculture and the Department of Energy. The RFS program
is a national policy that requires a certain volume of renewable fuel
to replace or reduce the quantity of petroleum-based transportation
fuel, heating oil or jet fuel.
Obligated parties under the RFS program are refiners or importers
of gasoline or diesel fuel. Obligated parties, and exporters of
renewable fuel, must meet an annual Renewable Volume Obligation (RVO).
Parties meet their RVO by blending renewable fuels into transportation
fuel, or by obtaining credits (called ``Renewable Identification
Numbers'', or RINs). EPA calculates and establishes RVOs every year
through rulemaking, based on the CAA volume requirements and
projections of gasoline and diesel production for the coming year. The
standards are converted into a percentage and obligated parties must
demonstrate compliance annually. RINs are the credits that obligated
parties use to demonstrate compliance with the standard. RINS are
generated by producers and importers of renewable fuels and traded by
various parties. Obligated parties must obtain sufficient RINs for each
category to demonstrate compliance with the annual standard.
To track compliance with the RFS program, various parties involved
with the production and blending of renewable fuels, and who generate,
trade, or use RINs, must register with EPA, and submit various types of
compliance reports related to the activity they engage in under the
program. Our estimates as to burden are explained in the supporting
statement that has been placed in the public docket. Domestic and
foreign entities may be subject to these regulations and to the
associated information collection. The RFS program was developed with
certain flexibilities, including for small entities such as small
refiners and small refineries, small blenders, and small volume
production facilities and importers.
What are the recordkeeping and reporting requirements associated with
the RFS program?
The reporting requirements of the RFS program typically fall under
registration and compliance reporting. Recordkeeping requirements
include product transfer documents (PTDs) and retention of records that
support items reported. Recordkeeping and reporting are based upon the
role the party fills under the regulations. A party may be registered
in more than one role. Basing the recordkeeping and reporting upon a
party's roles in the program ensures that parties must sustain only the
burden necessary under the program. EPA continuously assesses its
registration and reporting systems to provide the best possible service
to the regulated community and to enhance, simplify, and streamline the
experience. Because RFS relies upon a marketplace of RINs, EPA has
created and maintains the EPA Moderated Transaction System (EMTS)
capable of handling a high volume of RIN trading activities.
Who are the respondents for the RFS program?
The respondents to this ICR are: RIN Generators (producers and
importers of renewable fuel), Obligated Parties (refiners and importers
of gasoline and diesel), Exporters (of renewable fuel), RIN Owners,
independent third-party Quality Assurance Plan (QAP) Providers, Third
Parties (Auditors who submit reports on behalf of other respondents),
and certain petitioners under the international aggregate compliance
approach (such petitions are infrequent). These parties and their
associated information collections are described in detail in the
supporting statement and tables, which have been placed in the docket.
Form Numbers:
RFS010X: RFS Activity Report--versions RFS0104, RFS0105, and
RFS 0106
RFS030X: RFS Annual Compliance Report, versions RFS0303,
RFS0304
RFS500: Redesignation of Non-Transportation Distillate Fuel
(NTDF) as or to Motor Vehicle Non-Road Locomotive Marine (MVRNLM)
Diesel Fuel
RFS0601: RFS Renewable Fuel Producer Supplemental Report
RFS0701: RFS Renewable Fuel Producer Co-Products Report
RFS0801: RFS Renewable Biomass Report
RFS0901: RFS Production Outlook Report
RFS1000: Report for RIN Generating Advanced Fuel Producers and
Importers using Grain Sorghum as a Feedstock
RFS1200: Invasive Species Reporting
RFS1300: Producers of Renewable Fuel using Crop Residue as a
Feedstock form
RFS1400: Reporting Fuels under 80.1451(b)(1)(ii)(T)
RFS1500: Reporting Fuels under 80.1451(b)(1)(ii)(T)--Finished
Fuel Blending,
RFS1600: Reporting Fuels under 80.1451(b)(1)(ii)(T)--Blender
Contact
RFS2000: Batch Verification
RFS2100: Aggregate RIN Verification.
RFS2200: On-Site Audit Report
[[Page 8015]]
RFS2300: List of Potentially Invalid RINs
RFS2400: Mass Balance
RFS2500: RFS Efficient Producer Data Report
RFS2700: RFS Cellulosic Biofuel Producer Questionnaire
ATT010X: Attest Engagement Form ATT0100 and ATT0100-ALT
Cellulosic Waiver Credit Form
URF (unified reporting format; the format used to fill out
most RFS forms)
Reporting using templates or that occurs within systems; with
system user guides listed:
EMTS: RFS RIN Generation Report \1\
---------------------------------------------------------------------------
\1\ This reporting is done entirely within the EPA Moderated
Transaction System (EMTS); descriptive system information has been
docketed and will be submitted to OMB with the ICR.
---------------------------------------------------------------------------
EMTS: RFS RIN Transaction Report \2\
---------------------------------------------------------------------------
\2\ Id.
---------------------------------------------------------------------------
Engineering Review Template
OTAQ Reg (Registration System) User Guide
User Guide for DCFUEL in EPA's Central Data Exchange
Quick Start Guide for Registration for DCFUEL in EPA's Central
Data Exchange
Quick Start Guide for Report Submission for DCFUEL in EPA's
Central Data Exchange
Respondents/affected entities: RIN Generators, Obligated Parties,
RIN Owners, Exporters, QAP Providers, Third Parties (Auditors) and
Petitioners under the international aggregate compliance approach.
These parties include producers and importers of renewable fuels and
refiners and importers of gasoline and diesel transportation fuels.
Respondent's obligation to respond: The RFS program represents a
mixture of voluntary and mandatory reporting, depending upon activity.
A single party may register with multiple program roles--e.g., a party
might be both an obligated party and a RIN owner.
Estimated number of respondents: 45,473.
Frequency of response: On occasion/daily, quarterly, annual.
Total estimated burden: 859,218 hours. Burden is defined at 5 CFR
1320.03(b).
Total estimated cost: The total cost (labor and non-labor) is
$78,703,548, of which $16,428,454 is non-labor costs (all of which are
purchased services).
Changes in Estimates: There is a decrease in 68,670 hours in the
total estimated respondent burden compared with the ICR(s) \3\
currently approved by OMB. This decrease is due to several factors,
including a change in the number of respondents and certain, one-time
requirements that have now been accomplished by respondents (e.g., one-
time programming to comply with reporting; initial registration of
certain respondents).
---------------------------------------------------------------------------
\3\ The total hours for the currently approved ICRs 2060-0723,
2060-0725, and 2060-0728 is 927,888 hours. These are the ICRs to be
consolidated in this renewal of 2060-0725. The total for this
proposed renewal is 859,218. The difference is, therefore, a
reduction of 68,670 hours.
Byron J. Bunker,
Director, Compliance Division, Office of Transportation & Air Quality,
Office of Air & Radiation.
[FR Doc. 2022-02901 Filed 2-10-22; 8:45 am]
BILLING CODE 6560-50-P