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]


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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.

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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\
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    \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.
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 EMTS: RFS RIN Transaction Report \2\
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    \2\ Id.
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 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).
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    \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